CC RES 2017-045 RESOLUTION NO. 2017-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DECLARING ITS INTENTION TO SET THE LEVY AT
ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT FOR FISCAL YEAR 2017-18 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 street and sidewalk 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 16, 2017, pursuant to the provisions of the Act, the City
Council directed staff to take action to set at zero the levy and collection of assessments
against the assessable lots and parcels of land in the District for Fiscal Year 2017-18;
and
WHEREAS, the Engineer, Harris & Associates, Inc., has prepared and filed 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 August 1, 2017, the City Council adopted Resolution No. 2017-44
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 set the levy at zero for assessments within the District
for Fiscal Year 2017-18, 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 set the levy at zero 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, 2017 and ending June 30,
2018, which previously paid 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 street and sidewalk landscaping 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 which would otherwise be levied and collected
against the assessable lots and parcels of property within the District for Fiscal Year 2017-
18 are not proposed to increase from the assessments levied and collected for Fiscal
Year 2016-17.
Section 6. By previous resolution, the City Council directed the Engineer, Harris
&Associates, Inc., 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 2017-18" 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 previous
assessments upon assessable lots and parcels of land within the District. The Office of
Resolution No. 2017-45
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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 $457,700 of the
1911 Act Lighting Maintenance District Fund balance to the costs and expenses of
operating, maintaining, and servicing traffic signals, safety lighting, and street lighting.
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.
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 August 15,
2017, at 7:00 p.m., in the John C. McTaggart Memorial Hall and City Council Chambers,
at the Fred 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 not levying 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 August 15, 2017.
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 1st day of August, 2017.
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Resolution No. 2017-45
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State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2017-45 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on A , _ t 1, 2017.
37 lerk
Resolution No. 2017-45
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