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Riverside Co Auditor-Controller/Prop 218 Compliance - LLD 89-1F VI TO: Paul Angulo, CPA, MA Riverside County Auditor -Controller FROM: City of La Quinta SUBJECT: Compliance with Proposition 218 The City of La Quinta represents that the charges associated with following property tax fund numbers are in compliance with the articles of Proposition 218 cited below. Fund Number 68-2373 District LLD 89-1 The County Auditor-Controller/County of Riverside agrees to enter all assessments, fees, charges, or taxes for the City upon receipt of such roll on or about August 10, 2016 based upon such certification. The City shall be solely liable and responsible, and will defend, indemnify and hold the County and this office harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County. Article XI II C. Sec.2 (c) "Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the voters voting in an election on the issue of the imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision (b)." Article XIII D. Sec. 5 "... this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article." Article XI II D. Sec. 6 (d) "Beginning July 1, 1997, all fees or charges shall comply with this section." �fa,Xuv- 07/07/16 City of La Quinta Karla Campos/Finance DirectoiDate Attested By, -S�� City Clerk 78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org Tihf 4 #aut�crw OFFICE OF THE CITY CLERK TEL (760) 777-7035 CERTIFICATION OF RESOLUTION NO.2016-020 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, MONIKA RADEVA, Deputy City Clerk of the City of La Quinta, California, do hereby certify that the foregoing resolution containing three (3) pages is a full, true and correct copy of Resolution No. 2016-020 of the City of La Quinta entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2016/17 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) Resolution 2016-020 was adopted by the La Quinta City Council on the 7th day of June, 2016. Dated: July 26, 2016 MONIKA R EVA, DOuty City Clerk City of La Ouinta, California (CITY SEAL) 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 RESOLUTION NO. 2016 - 011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2016/2017 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Engineer has prepared and filed a report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report") with the City Clerk of the City of La Quinta; and WHEREAS, the Report has been presented to City Council for review; and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Report, as filed, is hereby approved. SECTION 2. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May 2016, by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LIN A EVANS, Mayor City of La Quinta, California Resolution No. 2016-011 Landscape and Lighting District 89-1 Adopted: May 3, 2016 Page 2 of 2 ATTEST: SUSAN MAYSELS, City C rk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Tdf 4 4a" OFFICE OF THE CITY CLERK TEL (760) 777-7035 CERTIFICATION OF RESOLUTION NO.2016-012 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, MONIKA RADEVA, Deputy City Clerk of the City of La Quinta, California, do hereby certify that the foregoing resolution containing three (3) pages is a full, true and correct copy of Resolution No. 2016-012 of the City of La Quinta entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF Resolution 2016-012 was adopted by the La Quinta City Council on the 3rd day of May 2016. Dated: July 26, 2016 MONIKA RAVEVA,,OV?ornia y City Clerk City of La Quinta Ca (CITY SEAL) 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 RESOLUTION NO. 2016 - 012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment District 89-1," shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2016 and ending June 30, 2017 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and associated facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed a report in connection with the Landscape and Lighting Assessment District 89-1 with the City Clerk of the City of La Quinta; and WHEREAS, the report was presented to the City Council and the City Council did, by previous Resolution, approve such report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500. SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer's Report for Landscape and Lighting Resolution No. 2016-012 Intent to Levy Landscape and Lighting District 89-1 Adopted: May 3, 2016 Page 2 of 3 Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2016 and ending June 30, 2017 to pay for the costs and expenses of the improvements described in Section 4 hereof. SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 5. Notice is hereby given that June 7, 2016 at 5:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Meeting by the City Council to allow public testimony regarding the assessment. SECTION 6. Notice is hereby given that June 7, 2016, at 5:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. SECTION 8. The City Council hereby designates The Desert Sun as the newspaper in which notice of the Public Hearing shall be published. SECTION 9. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll. Resolution No. 2016-012 Intent to Levy Landscape and Lighting District 89-1 Adopted: May 3, 2016 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May 2016, by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: 5wwo� k4v"e4� SUSAN MAYSELS, City C k City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California T4&f 4 4 a" OFFICE OF THE CITY CLERK TEL (760) 777-7035 CERTIFICATION OF RESOLUTION NO. 2016-011 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, MONIKA RADEVA, Deputy City Clerk of the City of La Quinta, California, do hereby certify that the foregoing resolution containing two (2) pages is a full, true and correct copy of Resolution No. 2016-011 of the City of La Quinta entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2016/2017 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGTING ASSESSMENT DISTRICT 89-1 Resolution 2016-011 was adopted by the La Quinta City Council on the 3rd day of May 2016. Dated: July 26, 2016 MONIKA RADE�PA, Depruty City Clerk City of La Quinta, Cal fo is (CITY SEAL) 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 RESOLUTION NO. 2016 - 020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, . CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2016/17 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) WHEREAS, maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values; and WHEREAS, the annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election; and WHEREAS, on May 3, 2016, the City Council adopted the following resolutions: • Resolution No. 2016-011, .approving the Preliminary Engineer's Report for Fiscal Year 2016/17 in connection with Landscape and Lighting Assessment District 89-1. • Resolution No. 2016-012, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within. the boundaries of the territory included in the City-wide Landscape and Lighting Assessment District 89-1, and giving notice thereof; and WHEREAS, a Notice of a Public Hearing to Adopt a Resolution Confirming the Diagram and Assessments for Fiscal Year 2016/17 Landscape and Lighting Assessment District 89-1 was published in The Desert Sun newspaper on May 27, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2016/2017. SECTION 2. The City Engineer filed an annual report on May 3, 2016, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2016/17 and set a Public Meeting/Hearing date of June 7, 2016 at the La Quinta City Council Chambers, Resolution No. 2016-020 Landscape and Lighting Assessment District 89-1 Adopted: June 7, 2016 Page 2 of 3 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On June 7, 2016, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 4. On June 7, 2016, the City Council found that written protests against the proposed assessment had not been made by owners representing more than.one-half of the area of the land to be assessed. SECTION 5. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and he levies the assessment set forth for Fiscal Year 2016/17. SECTION 6. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of June 2016, by the following vote: AYES: Council Members Franklin, Pena, Radi, Mayor Evans NOES: None ABSENT: Council Member Osborne ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California Resolution No. 2016-020 Landscape and Lighting Assessment District 89-1 Adopted: June 7, 2016 Page 3 of 3 ATTEST: SUSAN MAYSELS, City Cle City of La Quinta, California (CITY SEAL) _ APPROVED AS, -TO FORM: ? ). r � 6 4 - WILLIAM H. IHRKE, City Attorney City -of La Quinta, California