CC RES 2017-049 RESOLUTION NO. 2017-49
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 2017-18 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 August 1, 2017, pursuant to the provisions of the Act, the City
Council initiated proceedings by Resolution No. 2017-43 for the levy and collection of
assessments against the assessable lots and parcels of the land in the District for Fiscal
Year 2017-18 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 "Amended Engineer's Report") with the City Clerk,
and the City Clerk has presented the Amended Engineer's Report to the City Council;
and
WHEREAS, on August 1, 2017 the City Council adopted Resolution No. 2017-44
approving the Amended 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 set the levy at zero within the District for Fiscal Year 2017-18,
and called a public hearing related thereto for August 15, 2017; and
WHEREAS, notice was given pursuant to the Act, as required by law, and
WHEREAS, on August 15, 2017, 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 setting the levy at zero 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 of 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 set the levy at zero
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, 2017 and ending June 30,
2018, and ordered the Engineer to prepare the Amended Engineer's Report in
accordance with Article 4 of Chapter 1 of the Act (the "Amended Engineer's Report").
The City Council, by prior resolution, approved such Engineer's Report.
Section 3. The City Council hereby applies $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 4. Following notice duly given in accordance with the law, the City
Council has held a full and fair public hearing regarding the Amended Engineer's Report
and the levy of the assessments within the District for Fiscal Year 2017-18 to pay for the
costs and expenses of the improvements described in the Amended 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 setting the
levy at zero 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.
Section 5. The City Council declares that the diagram and assessments in the
Engineer's Report are hereby confirmed as filed.
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 annual assessments
pursuant to the Act.
Resolution No. 2017-49
Page 2 of 3
Section 7. The Los Angeles County Auditor-Controller shall not place any
assessments on the County Assessment Roll opposite each lot or parcel of land within
the District as part of the FY 2017-18 Assessment Roll.
Section 8. The adoption of this Resolution constitutes the levy being set at zero
against the lots and parcels of land in the District for the Fiscal Year commencing July
1, 2017 and ending June 30, 2018.
PASSED, APPROVED AND ADOPTED this 15th day of August, 2017.
. (or
ATTEST:
y Clerk
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. 2017-49 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on August 15, 2017.
"GlAg ;ty Clerk
Resolution No. 2017-49
Page 3 of 3