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CC RES 1997-046RESOLUTION NO. 97 -46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MODIFYING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1997 -98 FISCAL YEAR IN CONNECTION WITH CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF 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 lots and parcels of property within Citywide Landscaping and Lighting Maintenance District (the "District ") pursuant to the provisions of the Landscaping and Lighting Act of 1972 (the "Act "), Part 2 of Division 15 of the California Streets and Highways Code, for the fiscal year commencing July 1, 1997 and ending June 30, 1998, and ordered the Engineer, Berryman & Henigar, to prepare and file a written report in accordance with Article 4 of Chapter 1 of the Act. The City Council, by prior resolution, approved such Engineer's Report. Section 2. 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 1997- 98 to pay for the costs and expenses of the improvements described in Section 5 hereof pursuant to the terms and provisions of the Act. At the public hearing, the Engineer presented to the City Clerk and the City Clerk presented to the City Council, certain proposed modifications to the Engineer's Report. The modifications result in no increase or decrease in the total amount of the assessment and no increase or decrease in the amount of the assessment against any parcel within the District. 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. All protests and objections to the levy and collection of the proposed assessment for fiscal year 1997 -98 are hereby overruled by the City Council. Section 3. The City Council hereby orders the modifications to the Engineer's Report to be made, as presented by the Engineer at the public hearing and now on file in the office of the City Clerk, and the Engineer's Report is approved as so modified. Section 4. Based upon its review of the Engineer's Report, as modified, a copy of which has been presented to the City Council and which has been filed with the City Clerk, 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 Section 5 hereof and in such 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 1997 -98 fiscal year in accordance with the modified Engineer's Report, described above, 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. Section 5. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, as modified, which improvements are briefly described as follows: the operation, maintenance and servicing of public streets within the District, including the operation, maintenance and servicing of public lighting facilities, including safety lighting and traffic signals, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located along public roadways, streets and rights -of -way within the boundaries of the City. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities, and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trim_ mings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or for the lighting or operation of landscaping or appurtenant facilities. Section 6. 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 7. The assessment is levied without regard to property valuation. Section 8. 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 9. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 5 hereof for fiscal year 1997- 98. Section 10. The improvements described in Section 5 hereof shall be performed pursuant to law. 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. 97 -46 Page 2 Section 11. 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 12. 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, 1997 and ending June 30, 1998. Section 13. 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 14. 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 3rd day of June, 1997. 1 Mayor ATTEST: State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 97 -46 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 3, 1997. d City Cler , City of Rancho Palos V des Resolution No. 97 -46 Page 3