CC RES 2008-052 RESOLUTION NO. 2008-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND
ASSESSMENT FOR THE 2008-2009 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, 2008 and ending June 30,
2009, 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 $81,800 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 2008-09 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 2008-09 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 2008-
09.
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, 2008 and ending June 30, 2009.
Resolution No. 2008-52
Page 2 of 3
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 17th •ay o une 200i.
JS
Mayor
Attest:
agL&__C717tfrU,ale
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. 2008-52, was duly and regularly passed and adopted by the said
City Council at regular meeting thereof held on June 17, 2008.
City Clerk
Resolution No. 2008-52
Page 3 of 3