CC RES 2009-038 RESOLUTION NO. 2009-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING
CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2009-2010
FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Pursuant to prior resolutions, the City Council of the City of Rancho Palos Verdes
initiated proceedings and declared its intention to levy an assessment against the assessable lots and
parcels of property within an existing assessment district designated "Citywide Landscaping and
Lighting Maintenance District" (the "District") pursuant to the provisions of the Landscaping and Lighting
Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (commencing with
Section 22500) (the "Act") for the fiscal year commencing July 1, 2009 and ending June 30, 2010, and
ordered Harris &Associates (the "Assessment Engineer") to prepare and file a written report in
accordance with Article 4 of Chapter 1 of the Act (the "Engineer's Report"). The City Council, by prior
resolution, approved such Engineer's Report.
Section 2. The City Council hereby applies $84,000 of the 1911 Act Lighting Maintenance
District fund balance to the costs and expenses of operating, maintaining and servicing traffic signals
and safety lighting, and determines to maintain a credit of$4.46 per EDU against the assessment rate
for each assessable lot or parcel in the District. Such application of the fund balance is temporary and
may be discontinued in any subsequent fiscal year. In such event, the credit of$4.46 per EDU may be
discontinued with the assessments apportioned to each assessable lot or parcel in the District restored
to amounts not in excess of the assessment rates for fiscal year 2004-05. The City Council hereby
finds and determines that the foregoing application of the fund balance will be just and equitable and in
the public interest.
Section 3. Following notice duly given in accordance with law, the City Council has held a full
and fair public hearing regarding the Engineer's Report and the levy and collection of the proposed
assessment within the District for fiscal year 2009-10 to pay for the costs and expenses of the
improvements described in the Engineer's Report pursuant to the terms and provisions of the Act. All
interested persons were afforded the opportunity to hear and be heard regarding protests and
objections to the levy and collection of the proposed assessment against lots or parcels of property
within the District. The City Council considered all oral and written statements, protests and
communications made or filed by interested persons.
Section 4. Based upon its review of the Engineer's Report and other reports and information,
the City Council hereby finds and determines that (i) the land within the District will be benefitted by the
improvements described in the Engineer's Report, (ii) the District includes all of the lands so benefitted,
and (iii) the net amount to be assessed upon the lands within the District for the 2009-10 fiscal year in
accordance with the Engineer's Report is apportioned by a formula and method which fairly distributes
the net amount among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements. Any and all oral and written protests and
objections are hereby overruled by the City Council.
Section 5. The City Council declares that the diagram and assessment in the Engineer's Report
are hereby confirmed as filed.
Section 6. The City Council hereby orders the improvements described in the Engineer's
Report to be made.
Section 7. The assessment is in compliance with the provisions of the Act and the City Council
has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.
Section 8. The assessment is levied without regard to property valuation.
Section 9. Public property owned by any public agency and in use in the performance of a
public function which is included within the boundaries of the District shall not be subject to assessment
to be made under these proceedings to pay for any of the costs and expenses of the improvements.
Section 10. The assessment is levied for the purpose of paying the costs and expenses of the
improvements described in the Engineer's Report for fiscal year 2009-10.
Section 11. The improvements described in the Engineer's Report shall be performed pursuant
to law.
Section 12. The County Auditor of Los Angeles County shall enter on the County Assessment
Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then
be collected at the same time and in the same manner as the County taxes are collected. After
collection by the County, the net amount of the assessments shall be paid to the City Treasurer.
Section 13. The City Treasurer shall deposit all moneys representing assessments collected by
the County to the credit of a special fund known as Improvement Fund, Citywide Landscaping and
Lighting Maintenance District.
Section 14. The adoption of this Resolution constitutes the levy of an assessment against the
lots and parcels of land in the District for the fiscal year commencing July 1, 2009 and ending June 30,
2010.
Section 15. The City Clerk is hereby authorized and directed to file the diagram and
assessment, or a certified copy of the diagram and assessment, with the County Auditor, together with
a certified copy of this Resolution upon its adoption.
Section 16,. A certified copy of the assessment and diagram shall be filed in the Department of
Public Works, with a duplicate copy on file in the office of the City Clerk and open for public inspection.
PASSED, APPROVED AND ADOPTED this 16th •ay of June, 2009.
4041 gl.W1
Mayor
ATTEST:
EL/i i
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2009-38 was duly and regularly passed and adopted by t.- said City Council at a
regular meeting thereof held on June 16, 2009.
City Clerk
Resolution No. 2009-38
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