CC RES 2016-020 RESOLUTION NO. 2016-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT FOR FISCAL YEAR 2016-17 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND APPOINTING A
TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
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, on May 17, 2016, pursuant to the provisions of the Act, the City Council
initiated proceedings by Resolution No. 2016-18 for the levy and collection of assessments
against the assessable lots and parcels of land in the District for Fiscal Year 2016-17 and
directed the Engineer, Harris &Associates, to prepare and file a written report in accordance
with Article 4 (commencing with Section 22565) of Chapter 1 of the Act.
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared
and filed such report (the "Engineer's Report")with the City Clerk, and the City Clerk has
presented the Engineer's Report to the City Council; and
WHEREAS, on May 17, 2016, the City Council adopted Resolution No. 2016-19
approving the Engineer's Report, as filed, pursuant to Section 22623 of the Act, and
WHEREAS, in accordance with Section 22624 of the Act, the City Council now desires
to declare its intention to levy and collect the assessments within the District for Fiscal Year
2016-2017, and to call a public hearing relating thereto; and
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS,
DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct, and are hereby incorporated herein
by this reference.
Section 2. The City Council hereby (1) finds that the public interest and convenience
requires and (2) declares its intention to order the levy of and to collect assessments 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 Act, 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 3 of this
Resolution.
Section 3. The boundaries of the District are coterminous with the boundaries of the
City.
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 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. The assessments to be levied and collected against the assessable lots and
parcels of property within the District for Fiscal Year 2016-17 are not proposed to increase from
the assessments levied and collected for Fiscal Year 2015-16.
Section 6. By previous resolution, the City Council directed the Engineer, Harris &
Associates, to prepare and to file an Engineer's Report pursuant to the provisions of the Act.
The Engineer has prepared and filed a written report with the City Clerk that is titled "Engineer's
Report for Citywide Landscape and Lighting Maintenance District, Fiscal Year 2016-17" and by
previous resolution the City Council approved the Engineer's Report as filed. Reference is made
to the Engineer's Report on file in the Office of the City Clerk and open to public inspection for a
full and detailed description of the improvements, the boundaries of the District and the zones
therein, and the proposed assessments upon assessable lots and parcels of land within the
District. The Office of the City Clerk is located at 30940 Hawthorne Boulevard, Rancho Palos
Verdes, California 90275.
Section 7. 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. 2016-20
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Section 8. 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 pay for any costs and expenses of the
improvements.
Section 9. Notice is hereby given that the City Council designates June 6, 2016, at 7:00
p.m., in the John C. McTaggart Memorial Hall and City Council Chambers, at the Hesse Park
Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, California 92075, as
the date, time, and place for the hearing of protests or objections to the levy of the proposed
assessments in connection with the District. All interested persons shall be afforded the
opportunity to hear and be heard. The City Council shall consider all oral statements and all
written protests or communications made or filed by any interested person. Prior to the
conclusion of the hearing, any interested person may file a written protest with the City Clerk or,
having previously filed a protest, may file a written withdrawal of that protest. A written protest
shall state all grounds of objection. A protest by a property owner shall contain a description
sufficient to identify the property owned by the signer. Written protests may be delivered in
person to the City Clerk or may be mailed to the City Clerk at City Hall, 30940 Hawthorne
Boulevard, Rancho Palos Verdes, California 90275. Any written protest that is mailed must be
received at City Hall at or prior to 4:30 p.m. on June 6, 2016.
Section 10. The City Clerk shall give notice of the aforesaid date, time, and place of the
hearing in accordance with law.
PASSED, APPROVED, AND ADOPTED this 17th day of May, 2016.
Vi .
May./
ATTEST:
gd/ti7V-6a(
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. 2016-20 was duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on May 17, 2016.
4,E6C:/;'j:/ 1,
City Clerk
Resolution No. 2016-20
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