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CC RES 2016-018 RESOLUTION NO. 2016-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2016-17 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. WHEREAS, on August 6, 1992, the City Council of the City of Rancho Palos Verdes formed an assessment district designated as the "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 Streets and Highways Code (commencing with Section 22500) (the "Act"); and WHEREAS, assessments levied within the District provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streets and sidewalks, landscaping, irrigation systems, and other appurtenant facilities; and WHEREAS, the assessment levied by the District has not been increased on any date on or after July 1, 1997; and WHEREAS, in order to commence such proceeds, the City must retain an engineer to prepare a report in accordance with Section 22622 of the Act; and WHEREAS, pursuant to the provisions set forth in Chapter 3 of the Act, commencing with Section 22620 of the Streets and Highways Code, the City Council now desires to initiate proceedings to set the annual levy for Fiscal Year 2016-17; and THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The recitals set forth above are true and correct, and are incorporated herein by this reference. Section 2. Pursuant to the provisions of the Act, the City Council desires to initiate proceedings for the levy and collection of assessments against the assessable lots and parcels of property within an existing assessment district designated "Citywide Landscaping and Lighting Maintenance District" (the "District") for the Fiscal Year commencing July 1, 2016 and ending June 30, 2017, to pay for the costs and expenses of the improvements described below in Section 4 of this Resolution. Section 3. The boundaries of the District are coterminous with the boundaries of the City. Resolution No. 2016-18 Page 1 of 3 Section 4. The proposed improvements are briefly described as follows: The operation, maintenance, and servicing of public streets and sidewalks 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 trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or to cover graffiti. Servicing means the furnishing of water for 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 5. Public property owned by any public agency and in use in the performance of a public function that is included within the boundaries of the District shall not be subject to assessment to be made under these proceedings to cover any costs and expenses of the improvements. Section 6. The City Council designates Harris & Associates, Inc. as the Engineer for the purposes of these assessment proceedings (the "Engineer"). Section 7. The City Council authorizes and directs the Engineer to prepare and to file with the City Clerk a report for the District for the Fiscal Year commencing July 1, 2016 and ending June 30, 2017, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act. Section 8. The City Council hereby declares its intent to apply $98,000 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 to maintain the 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. Resolution No. 2016-18 Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 17th day of May, 2016. Mayo ATTEST: Arl 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. 2016-18 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 17, 2016. 4 71,g. City Clerk Resolution No. 2016-18 Pae 3 of 3