CC RES 2016-023 RESOLUTION NO. 2016-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES MAKING CERTAIN FINDINGS AND CONFIRMING A
DIAGRAM AND ASSESSMENTS FOR THE FISCAL YEAR 2016-17 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.
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 assessments levied by the District have 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 the land in the District for Fiscal
Year 2016-17 and directed the Engineer, Harris &Associates, Inc., 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
declares its intention to levy and collect the assessments within the District for Fiscal
Year 2016-17, and called a public hearing related thereto for June 6, 2016; and
WHEREAS, notice was given pursuant to the Act, as required by law, and
WHEREAS, on June 6, 2016, a full and fair noticed public hearing was duly held,
and all interested persons were afforded the opportunity to hear and he heard regarding
protests and objections to the levy and collection of the proposed assessments against
lots or parcels of property within the District; and
WHEREAS, the City Council now desires to confirm the diagram and
assessments, as filed, and take certain other actions relating to the levy and collection
of the assessments by the District;
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, by this reference, are
incorporated herein.
Section 2. Pursuant to prior resolutions, the City Council of the City of Rancho
Palos Verdes initiated proceedings and declared its intention to levy assessments
against the assessable lots and parcels of property within the District pursuant to the
provisions of the Act for the Fiscal Year commencing July 1, 2016 and ending June 30,
2017, and ordered the Engineer to prepare the Engineer's 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 3. The City Council hereby applies $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 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 applicationof the
fund balance will be just and equitable and in the public interest.
Section 4. Following notice duly given in accordance with the 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 assessments within the District for Fiscal Year 2016-
17 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 assessments 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.
Resolution No. 2016-23
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Section 5. 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 benefited by the improvements described in the Engineer's Report, (ii)
the District includes all of the lands so benefited, and (iii) the net amount to be assessed
upon the lands within the District for Fiscal Year 2016-17, 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 6. The City Council declares that the diagram and assessments in the
Engineer's Report are hereby confirmed as filed.
Section 7. The City Council hereby orders the improvements described in the
Engineer's Report to be made.
Section 8. 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 annual assessments
pursuant to the Act.
Section 9. The assessments are levied without regard to property valuation.
Section 10. 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 11. The assessments are levied for the purpose of paying the costs and
expenses of the improvements described in the Engineer's Report for Fiscal Year 2016-
17.
Section 12. The improvements described in the Engineer's Report shall be
performed pursuant to law.
Section 13. The Los Angeles County Auditor-Controller 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 14. The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund known as the
Improvement Fund, Citywide Landscaping and Lighting Maintenance District.
Resolution No. 2016-23
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Section 15. The adoption of this Resolution constitutes the levy of assessments
against the lots and parcels of land in the District for the Fiscal Year commencing July
1, 2016 and ending June 30, 2017.
Section 16. The City Clerk is hereby authorized and directed to file the diagram
and assessments, or a certified copy of the diagram and assessments, with the Los
Angeles County Auditor-Controller, together with a certified copy of this Resolution upon
its adoption.
Section 17. A certified copy of the assessments and diagram shall be filed in the
Public Works Department, with a duplicate copy on file in the City Clerk's Office, and
open for public inspection.
PASSED, APPROVED AND ADOPTED this 6th day of June 2016.
Ma r
ATTEST:
deti4,654,kittyie,-
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. 2016-23 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 6, 2016.
City Clerk
Resolution No. 2016-23
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