CC Resolution 2020-005 CSA 152 FY 2020-21 Drainage & Flood Control SystemRESOLUTION NO. 2020 – 005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, MAKING FINDINGS
AND REAFFIRMING THE ESTABLISHMENT AND
SETTING OF RATES FOR THE COUNTY SERVICE
AREA 152 FOR FISCAL YEAR 2020/21 TO FUND
THE CITY’S STREET SWEEPING PROGRAM AND
OPERATE AND MAINTAIN THE CITY’S DRAINAGE
AND FLOOD CONTROL SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was
created under the Benefit Assessment Act of 1982 (Government Code Section
54703, et seq.), which authorized local agencies to impose benefit
assessments to finance the maintenance and operation costs of flood control
and drainage systems, based on the proportionate storm water runoff from
each parcel; and
WHEREAS, under the federally mandated but unfunded National
Pollutant Discharge Elimination System Program, the City is required to have a
valid permit from the Regional Water Quality Control Board to discharge water
runoff from properties within the boundaries of the City; and
WHEREAS, street sweeping is a pro-active method of ensuring pro-
active maintenance from street runoff into the flood control and drainage
systems of the City; and
WHEREAS, the City is a co-permittee of NPDES Permit No. CAS-617002
Order Permit No. R7-2013-0011 with the Coachella Valley Water District,
County of Riverside and the incorporated cities therein; and
WHEREAS, the City Council first authorized imposing benefit
assessments to finance the City’s maintenance and operation costs related to
flood control and drainage systems on August 6, 1996, by adopting Resolution
No. 1996-65; and
WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20,
1997, authorized Riverside County to levy and establish a Benefit Assessment
Unit rate for fiscal year 1997/1998 CSA 152 assessments; and
WHEREAS, the City by its Resolution No. 97-39, adopted on May 20,
1997, agreed to indemnify and hold the County harmless for levying
Assessments on the City parcels under CSA 152; and
Resolution No. 2020 – 005
County Service Area 152 Assessment for Fiscal Year 2020/21
Adopted: March 17, 2020
Page 2 of 3
WHEREAS, the City uses revenues from CSA 152 assessments solely for
the purpose of maintaining and operating the City’s flood control and drainage
system to comply with the National Pollutant Discharge Elimination System
Permit and to provide street sweeping within the City of La Quinta; and
WHEREAS, Proposition 218, adopted by voters on November 6, 1996,
established new procedures and approval requirements for all existing
assessments, unless the assessment is exempt from the new requirements;
and
WHEREAS, certain assessments that existed on November 6, 1996, are
specifically exempt from the Proposition 218 procedures and approval
requirements, including assessments imposed exclusively to finance the capital
costs and maintenance and operation expenses for sidewalks, streets, sewers,
water, flood control, drainage systems or vector control.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City Council finds the foregoing recitals to be true and
correct.
SECTION 2. The City Council finds and declares that the City’s CSA 152
charges are assessments within the definition of California Constitution Article
XIIID, Section 2(b), in that they confer special benefits upon each parcel of
property subject to the assessments.
SECTION 3. The City Council finds and declares that pursuant to Article
XIIID, Section 5(a), the City’s CSA 152 assessments are exempt from the new
procedures and approval requirements of Article XIIID, Section 4, because the
City’s CSA 152 assessments existed before November 6, 1996, and the
assessments are imposed exclusively to finance the capital costs and
maintenance and operation expenses for street sweeping, flood control, and
drainage systems in the City.
SECTION 4. The City Council hereby reaffirms its adoption of the annual
assessment for CSA 152 and hereby determines that the annual assessment
rate for fiscal year 2020/2021 for CSA 152 is to be set at nine dollars and
ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of
computation has not been changed nor has the rate of assessment been
increased since August 6, 1996.