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CC RES 2005-068RESOLUTION NO. 2005-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MODIFYING THE ENGINEER'S REPORT, MAKING CERTAIN FINDINGS, AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2005 -2006 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, 2005 and ending June 30, 2006, 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 modifies the Engineer's Report by applying $72,200 of the $1,130,086 1911 Act Lighting Maintenance District fund balance to the costs of traffic signals and safety lighting maintenance, resulting in a total net assessment of $255,818 for the cost and expenses of all the improvements. Such modification results in 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 net total assessment for the cost and expenses of all the improvements may be restored to an amount not in excess of the fiscal year 2004 -05 level ($328,163) and 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. The City Council hereby directs the Assessment Engineer to prepare and file with the City Clerk the Engineer's Report as so modified in accordance with this Section 2. The Engineer's Report, as modified, shall remain on file in the office of the City Clerk and be available for public inspection. 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, as modified, and the levy and collection of the proposed assessment within the District for fiscal year 2005 -06 to pay for the costs and expenses of the improvements described in the Engineer's Report, as modified, 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, as modified, 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, as modified (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 2005 -06 fiscal year in accordance with the Engineer's Report, as modified, 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, as modified, are hereby confirmed as filed. Section 6. The City Council hereby orders the improvements described in the Engineer's Report, as modified, 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, as modified, for fiscal year 2005 -06. Section 11. The improvements described in the Engineer's Report, as modified, 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. Resolution No. 2005 -68 Page 2of3 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, 2005 and ending June 30, 2006. 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 21st day of June 2005. AW Attest: Re, W-' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005 -68 was duly and regularly passed and adopted by the said City Council at a regular meeting held on June 21, 2005. .a Clerk Resolution No. 2005 -68 Page 3 of 3