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RPVCCA_SR_2010_06_15_12_Citywide_Landscaping_And_Lighting_Maintenance_District RANCHO PALOS VERDES PUBLIC HEARING Date: June 15, 2010 Subject: Citywide Landscaping and Lighting Maintenance District Location: Citywide 1. Declare the Hearing Open: Mayor Wolowicz 2. Report of Notice Given: City Clerk Morreale 3. Staff Report & Recommendation: Director of Public Works Holland 4. Public Testimony: Appellant: N/A Applicant: N/A 5. Council Questions: 6. Rebuttal: N/A 7. Declare Hearing Closed: Mayor Wolowicz 8. Council Deliberation: 9. Council Action: 12-1 CrTYOF RANCHO PALOS VERDES MEMORANDUM ~J TO:HONORABLE MAYOR &CITY COUNCIL MEMBE~~ FROM:RAY HOLLAND,DIRECTOR OF PUBLIC WORK~ DATE:JUNE 15,2010 \j SUBJECT:CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT REVIEWED:CAROLYN LEHR,CITY MANAGER oSL- Project Manager:Judy A.Huey,Senior Administrative Analyst ~ RECOMMENDATIONS 1.Conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2010-2011 and the Engineer's Report prepared in connection therewith. 2.Adopt Resolution No.2010-__, a Resolution of the City Council of the City of Rancho Palos Verdes making certain findings and confirming a diagram and assessment for the 2010-11 fiscal year 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. EXECUTIVE SUMMARY 1.The Landscaping and Lighting Maintenance District has been in existence since 1992. 2.The revenues from the assessments that are levied annually are used to help pay for the maintenance and servicing of median landscaping,street trees,street lighting and traffic signals within the public rights of way in the City. 3.The Engineer's Report for fiscal year 2010-11,as filed,proposes the same assessment rates per Equivalent Dwelling Unit (EDU),as has been levied last fiscal year 2009-2010. 4.As of the date of this staff report,no protests concerning the assessments have been received for this year. 12-2 BACKGROUND In 1992 the City Council formed an assessment district designated "Citywide Landscaping and Lighting Maintenance District"(the "Citywide District")pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500,et seq.)(the "1972 Act").Since 1992 the district has levied assessments to finance the ongoing operation,maintenance and servicing of median landscaping,street trees, street lighting,and traffic signals within the boundaries of the City of Rancho Palos Verdes.The Citywide District includes all of the assessable parcels in the City. The 1972 Act requires that proceedings be undertaken on an annual basis for any year during which assessments will be levied and collected.The 1972 Act also requires the preparation of an engineer's report in connection with the annual levy of assessments. On May 18,2010 the City Council,by resolution,approved the fiscal year 2010-11 Engineer's Report,which established assessments and set this evening's public hearing on the proposed levy of assessments for fiscal year 2010-11. ANALYSIS The estimate of total District expense for fiscal year 2010-11 is $627,012.The proposed assessment of $258,687 will fund less than half of these expenditures. Accumulated reserves of $48,018,interest earnings of $240,and $320,067 of other City funding will be used to cover District expenditures in excess of the annual assessment. The $320,067 FY 10-11 City Contribution includes both Highway Users Tax and an accumulated fund balance in the Street Maintenance Fund. In addition,as directed by the City Council at the June 21,2005 Public Hearing,the 1911 Act ad valorem property tax fund balance will be used to pay for the cost of maintaining Citywide traffic signals and safety lighting.The budget for the upcoming fiscal year 2010-2011 is estimated at $104,100. The "Estimate of Cost"on page seven of the Engineer's Report for fiscal year 2010- 2011 provides a summary of the Citywide District revenue and expenditure amounts. The approved 2010-11 Engineer's Report groups parcels in the City into various zones which receive differing degrees of benefit from the operation of the district as a result of variations in the nature,location and extent of the proposed maintenance activities and improvements.The proposed fiscal year 2010-11 assessments for a single family parcel range from $3.77 to $41.33.In all seven zones within the City,the proposed assessments for fiscal year 2010-2011 are the same as the assessments levied in fiscal year 2009-2010 CONCLUSION To levy assessments for district operation,the Landscaping and Lighting Act of 1972 requires the City Council to conduct a public hearing and adopt a resolution confirming the assessment.Council approval of staff's recommendation will establish assessments for single family parcels that range between $3.77 and $41.33.The majority of single-family households will be assessed $15.92 for fiscal year 2010-11. 12-3 FISCAL IMPACT By adopting staff's recommendations,Council will be approving total assessments of $258,687 to fund the operation of the district for the maintenance of medians,street trees,street lighting and traffic signals,and district administrative expenses.The total estimate of district expenses for fiscal year 2010-11 is $627,012.Accumulated reserves of $48,018,interest earnings of $240,and $320,067 of other City funding will be used to cover district expenditures in excess of the annual assessment.These amounts have been included in the City's proposed FY 2010-2011 budget. Attachments: Engineer's Report for FY 2010-2011 Resolution No.2010- 12-4 Engineer's Report for Citywide Landscape and Lighting Maintenance District Fiscal Year 2010 ...11 Presented to the City of Rancho Palos Verdes los Angeles County,California May 11,2010 12-5 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Pagei ENGINEER'S REPORT CITY OF RANCHO PALOS VERDES CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. DATED:May11,2010 ~BY:Joan E.Cox R.C.E.No.41965 I HEREBY CERTIFY that the enclosed Engineer's Report,together with Assessment Roll and Assessment Diagram thereto attached,was filed with me on the __day of _ 2010. Carla Morreale,City Clerk, City of Rancho Palos Verdes Los Angeles County,California By _ I HEREBY CERTIFY that the enclosed Engineer's Report,together with Assessment Roll and Assessment Diagram thereto attached,was approved and confirmed by the City Council of the City of Rancho Palos Verdes,California,on the __day of ,2010. Carla Morreale,City Clerk, City of Rancho Palos Verdes Los Angeles County,California By _ I HEREBY CERTIFY that the enclosed Assessment Roll and Assessment Diagram were filed with the County Auditor of the County of Los Angeles,on the __day of _ 2010. Carla Morreale,City Clerk, City of Rancho Palos Verdes Los Angeles County,California By _ Q:\RPV\LLMDIfy 10-11\reports\llmd1011 11may10.doc III Harris &Associates 12-6 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Pageii CITY OF RANCHO PALOS VERDES CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT ENGINEER'S REPORT TABLE OF CONTENTS Certificates i Introduction 1 Report 3 Part A -Plans and Specifications 5 Part B -Estimate of Cost 7 Part C -Assessment Roll 8 Part D -Method of Apportionment of Assessment 9 Part E -Property Owner List 17 Part F -Assessment District Diagram 17 Q:\RPV\LLMD\fy 10-11 \reports\lImd 10 11 11 may1 O.doc III I Hams &Associates 12-7 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District INTRODUCTION May 11,2010 Page 1 To insure a flow of funds for the on-going operation,maintenance and servicing of median landscaping,street trees,street lighting and traffic signals within the boundaries of the City of Rancho Palos Verdes,the City Council formed the Citywide Landscaping and Lighting Maintenance District on August 6,1992.The Citywide Landscaping and Lighting Maintenance District ensures a fair and equitable levying of the necessary costs of operating,servicing and maintaining of the respective facilities,which in turn directly enhances the value of each and every parcel in the City. ADDITIONAL STREET LIGHTING Fiscal Year 1995-96 was the first year that the City of Rancho Palos Verdes operated and maintained all of the street lights within the City. Prior to the incorporation of the City of Rancho Palos Verdes,the County of Los Angeles established County Lighting Maintenance Districts to install,operate and maintain street lights in areas throughout the County.Funds for street lighting came from a combination of ad-valorem tax revenue and,in more recent years,special assessments on properties benefiting from the street lighting. On January 17,1995,the City Council directed Staff to analyze the feasibility of transferring jurisdiction for the entire citywide street lighting system from the County to the City.The purpose of the feasibility study was to determine whether or not it was feasible for the City to take over jurisdiction of the County owned street lighting facilities within the boundaries of the City and to review the fiscal impact which the transfer would have on the City. On February 7,1995,the City Council received the feasibility report,authorized the transfer of the street lighting district from the County of Los Angeles to the City,and authorized the establishment of a special benefit zone along with the benefit methodology for possible future street lighting assessments in the Citywide Landscaping and Lighting Maintenance District. On April 6,1995,the County of Los Angeles Board of Supervisors adopted a joint resolution that approved the transfer of the Street Lighting District from the County to the City.The transfer was effective July 1,1995. On June 21,2005,the City Council modified the FY 2005-06 Engineer's Report to provide for a temporary "credit"to property owners whereby the Traffic Signal and Safety Lighting operation and maintenance costs would be paid out of the 1911 Act Lighting Maintenance District fund balance.This temporary "credit"may be discontinued in any subsequent year at which time these costs will revert to being funded by the annual assessments and the assessment rates will be set at the previously approved maximum rates.This credit continues to be applied. Q:\RPV\LLMD\fy 10-11 \reporls\lImd 10 11 11 may1 O.doc III I Hams &Associates 12-8 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 2 ANNUAL PROCEEDINGS The annual proceedings for the Citywide Landscaping and Lighting Maintenance District are conducted under the Landscaping and Lighting Act of 1972,Part 2 of Division 15,Sections 22500 through 22679,of the Streets and Highways Code of the State of California (the "Act"). The City Council annually reviews the current and projected year's costs for the operation, maintenance,and servicing of the District facilities and sets the assessment for the ensuing fiscal year,which runs between July 1 and June 30.In setting the annual assessment,the City Council will consider any proposed new improvements or any changes in existing improvements,and any fund balances or shortages,and adjust the assessment accordingly. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each property. This report contains the necessary data required to conduct the proceedings and is submitted to the City Clerk for filing in the office of the City Clerk where it shall remain open for public inspection. Q:\RPV\LLMDlfy 10-11\reports\lImd1011 11may10.doc III Harris &Associates 12-9 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District FISCAL YEAR 2010·11 CITY OF RANCHO PALOS VERDES ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE May 11,2010 Page 3 Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation adopted by the Council of the City of Rancho Palos Verdes,State of California,in connection with the proceedings for: CITY OF RANCHO PALOS VERDES CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT herein after referred to as the "Assessment District",I,Joan E.Cox,P.E.,authorized representative of Harris &Associates,the duly appointed ENGINEER OF WORK,submit herewith the "Report"consisting of six (6)parts as follows: PART A Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements. PARTS An estimate of the cost of the proposed improvements for FY 2010-11,including incidental costs and expenses in connection therewith. PARTC An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. PARTD The method of apportionment of assessments,indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District,in proportion to the estimated benefits to be received by such lots and parcels. Q:IRPv\LLMD\fy 10-11lreportslllmd 1011 11 may1 O.doc III Harris &Associates 12-10 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 4 PARTE A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Los Angeles. PARTF The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District,the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. Q:\RPv\LLMDlfy 10-11 \reports\lImd 10 11 11 may1 O.doc III Harris &Associates 12-11 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District PART A PLANS AND SPECIFICATIONS May 11,2010 Page 5 The facilities which have been constructed within the City of Rancho Palos Verdes,and those which may be subsequently constructed,will be operated,serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF RANCHO PALOS VERDES CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT Fiscal Year 2010·11 The proposed improvements for FY 2010-11 may be generally described as the continued maintenance and operation of streets and sidewalks within the District,including the operation, servicing and maintenance of landscaping,lighting and appurtenant facilities that are located in and along such streets and sidewalks,including but not limited to,personnel,utilities (such as water and electrical energy),materials,contracting services,and other items necessary for the satisfactory operation of these facilities described as follows: Landscaping and Appurtenant Facilities Landscaping,planting,shrubbery,trees,irrigation systems,hardscapes,fixtures, sidewalks and appurtenant facilities,in public street and sidewalk rights-of-way, including parkways,medians and dedicated easements within the boundary of said Assessment District. Lighting and Appurtenant Facilities Poles,fixtures,bulbs,conduits,equipment including guys,anchors,posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting,traffic signals and safety lighting in public street and sidewalk rights-of-way and easements within the boundaries of said Assessment District. 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. Q:IRPv\LLMDlfy 10-11lreporlslllmd1011 11may10.doc III IHarris &Associates 12-12 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 6 Servicing means the furnishing of water for the 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 the landscaping or appurtenant facilities. The plans and specifications for the improvements,showing and describing the general nature, location,and the extent of the improvements,are on file in the office of the City Clerk and are incorporated herein by reference. Q:\RPV\LLMD\fy 10-11 \reports\lImd1 011 11 may1 O.doc III Harris &Associates 12-13 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District PARTB ESTIMATE OF COST May 11,2010 Page 7 The estimated cost of the street and sidewalk improvements for Fiscal Year 2010-11,as described in Part A,are summarized herein and described below.All costs include administration and utilities where applicable. 1972 Act 1911 Act Fund 203 Fund 211 BEGINNING FUND BALANCE (7/1/10)$48,018 $1,560,007 ESTIMATED REVENUES Proposed Assessment Levy I $258,687 1 Ad Valorem Taxes,less delinquencies $492,800 Interest Earnings $240 $7,800 City Contribution to Cover Expenditures $320,067 $578,994 $500,600 ESTIMATED EXPENDITURES Street Landscaping Major Thoroughfare Medians $273,160 Special Benefit Median Maintenance Rue Beaupre (Zone B)$535 Alta Vista (Zone E)$865 Ocean Terrace (Zone F)$879 Weed Abatement $37,000 Street Tree Trimming $225,000 Street Lights Traffic Signals &Safety Lighting $104,100 Street Lights $506,900 Ocean Terrace (Zone F)$1,040 $538,479 $611,000 Administration and Overhead Anticipated Delinquencies (3%)$7,761 Administration and Overhead (15%)$80,772 $91,650 $88,533 $91,650 Total Expenditures $627,012 $702,650 ENDING FUND BALANCE (6/30/11)$0 $1,357,957 A table showing how the budget is apportioned to each zone is provided on page 15. The 1972 Act requires that a special fund be setup for the revenues and expenditures of the District.Funds raised by assessment shall be used only for the purpose as stated herein.A contribution to the District by the City may be made to reduce assessments,as the City Council deems appropriate.Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. Q:IRPv\LLMD\fy 10-11lreportslllmd1011 11 may10.doc 1111 Harris &Associates 12-14 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District PARTe ASSESSMENT ROLL May 11,2010 PageS The total proposed assessment for Fiscal Year 2010-11 and the amount of the total proposed assessment apportioned to each lot or parcel within the District,as shown on the latest assessment roll at the Los Angeles County Assessor's Office,are contained in the Assessment Roll on file in the office of the City Clerk of the City of Rancho Palos Verdes,which is incorporated herein by reference. The description of each lot or parcel is part of the County assessment roll and this roll is,by reference,made part of this Report. Q:\RPV\LLMD\fy 10-11 \reports\lImd 10 11 11 may1 O.doc III Harris &Associates 12-15 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District PARTD METHOD OF APPORTIONMENT OF ASSESSMENT May 11,2010 Page 9 I.GENERAL Part 2 of Division 15 of the Streets and Highways Code,the Landscaping and Lighting Act of 1972,permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation,maintenance and servicing of street lights,traffic signals,and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value.Section 22573 provides that: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or 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. The Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature,location,and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements"(Sec. 22574).Thus,the 1972 Act requires the levy of a true "assessment"rather than a "special tax." Excepted from the assessment would be the areas of all publicly owned property in use in the performance of a public function.The City has made a determination to also except public utility rights-of-way and open space. II.PARCEL CLASSIFICATION Since the assessment will be levied against properties as shown on the tax rolls,the final charges must be assigned by Assessor's Parcel Number.If assessments were to be spread just by parcel,not considering land use or parcel size,this would not be equitable:a single family parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment in a similar zone,instead of paying in proportion to benefit. The single family parcel has been selected as the basic unit for calculation of assessments and is defined as one Equivalent Dwelling Unit (EDU).A methodology has been developed to calculate the EDUs for other residential land uses and for non-residential parcels,as described below. Q:IRPv\LLMDlfy 10-11 Ireportslllmd1 011 11 may1 O.doc B I Hams &Associates12-16 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 10 Single Family Residential.The single family residential parcel has been selected as the basic unit for calculation of the benefit assessments.This basic unit shall be called an Equivalent Dwelling Unit (EDU).Parcels zoned for single family residential uses are assessed 1 EDU. Multiple Family Residential.Multiple family residential uses,as well as condominiums, are given a factor of .75 EDU per dwelling unit.Based on data from representative cities in Southern California,the multiple family residential factor of 75 percent is determined by the statistical proportion of relative trip generation from various types of residential uses,in combination with population density per unit. Non-Residential and Utilities.In converting improved non-residential properties to EDUs,the factor used is the City of Rancho Palos Verdes'minimum requirement for single family residential areas,which is 1 dwelling unit per 8,000 sq.ft,or 5.445 dwelling units per acre.The non-residential parcels (including utilities)will be assessed 5.445 EDU for the first acre or any portion thereof,and then 25%of 5.445 EDUs (1.36125)for every additional acre or portion thereof,as the utilization of that portion of non-residential property greater than one acre more closely resembles that of vacant land.The minimum number of EDUs per parcel will be 1 EDU. Vacant Property Vacant property is described as parcels with no improved structures.These properties receive benefits based on their land,as this is the basis of their value.Based upon the opinions of professional appraisers,appraising current market property values for real estate in Southern California,the land value portion of a property typically ranges from 20 to 30 percent of the property's total value;in Rancho Palos Verdes,we find that the average is about 50 percent.Additionally,the utilization of vacant property is significantly less than improved property,and vacant property has a traffic generation rate of O. Therefore,we recommend that vacant property be assessed at the rate of 25 percent of improved property. •Vacant Residential.Residential parcels which do not have structures on the parcels are assessed 25%of a parcel with a single family dwelling thereon.The parcels will be assessed 0.25 EDU per parcel. Q:\RPV\LLMD\fy 10-11\reports\lImd1 011 11 may1 O.doc II I Harris &Associates 12-17 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 11 •Vacant Non-Residential.Parcels which are not residential parcels and which do not have structures on the parcel are assessed based upon the acreage of the parcel. The parcels will be assessed at the rate of 25%of the developed non-residential properties,or 1.36125 EDU per acre or any portion thereof,with a minimum of .25 EDU per parcel and up to a maximum of 5 acres (6.80625 EDUs)per parcel,as that portion of the parcel over 5 acres may be considered as open-space,and no longer receive any benefit. •Vacant -Moratorium.The vacant parcels in the moratorium area of the City are assessed based upon the acreage of the parcel.The parcels will be assessed at the reduced rate of 10%of the developed non-residential properties,or 0.5445 EDU per acre,with a minimum of 0.1 EDU per parcel and a maximum of 5 acres (2.7225 EDUs) per parcel,as that portion of the parcel over 5 acres may be considered as open- space,and no longer receive any benefit.The reduced rate is deemed fair and equitable due to the building limitations in this area. All publicly owned property and utility rights-of-way are exempt from assessment,as well as the canyon parcel owned by the Palos Verdes Peninsula Land Conservancy,which is identified by the 2010-11 Assessor's Parcel Number 7583-022-008. The land use classification for each parcel has been based on the Los Angeles County Assessor's Roll. III.BENEFIT DETERMINATION Property values in a community are increased when public infrastructure such as street lights,traffic signals,and median and parkway landscaping are in place,improved, operable,safe,clean and maintained. •The proper functioning of street lighting and traffic signals is imperative for the welfare and safety of the property and owners and users of the property throughout the City. Proper maintenance and servicing of the street lighting system benefits properties within the District by providing proper illumination for ingress and egress and safe traveling at night.Properties within the District also benefit from the proper functioning of the District's traffic signal system.Proper operation of the street light and traffic signal systems is imperative to public convenience,orderly traffic flow,enhanced congestion management and safety.Improved security,fuel conservation,protection of property from crime and vandalism,and reduction of traffic accidents,are special and direct benefits to all properties within the City;lighting benefits are directly related to public safety and property protection and therefore increase desirability and property Q:\RPV\LLMD\fy 10·11\reports\lImd1011 11may10.doc =I Harris &Associates12-18 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 12 values.The City costs to administer the improvements are also considered a benefit to all properties. •The City maintains trees and miscellaneous shrubbery throughout the City.The trees and shrubbery are located within the public street and sidewalk rights-of-way,including in medians and parkways.These trees and shrubbery provide an aesthetically pleasing environment,shade,beautification,and according to some authorities,air purification and sound attenuation.Weed abatement along public ways is necessary to eliminate fire hazards and unsightly conditions.These positive attributes increase the desirability of all properties throughout the City. There are two types of benefits:Citywide Benefits and Local Benefits. A.CITYWIDE BENEFITS Citywide Benefits represent the special benefits received by each and every parcel within the District from the improvements,and the associated costs of these benefits are spread equally,based on Equivalent Dwelling Units,to all parcels within the District. Benefits which enhance the desirability and value of all properties within the District include weed abatement,maintenance of street trees,medians,traffic signals and safety lighting,and street lighting on the major thoroughfares,which are the main travel ways of the City.The costs of the City to administer these programs are also considered a Citywide Benefit. B.LOCAL BENEFITS Local Benefits represent the special benefits conferred by localized improvements to parcels within the area surrounding the improvements.The associated costs of these benefits are spread equally over the local area,based on Equivalent Dwelling Units. Local Benefits include the operation,servicing and maintenance of the Rue Beaupre median,Alta Vista median (formerly Landscape and Open-space Maintenance District No.1)and Ocean Terrace median and street lights (formerly Landscape and Open- space Maintenance District No.2).These facilities serve only properties within localized areas. Q:IRPv\LLMDlfy 10-11 Ireportslllmd1 011 11 may1 O.doc =I Harris &Assodates 12-19 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 13 Local Benefits also include the operation,servicing and maintenance of street lights which were previously maintained by the County of Los Angeles,which serve the properties adjacent to them. C.ZONES OF BENEFIT A system of zones has been developed to identify the specific benefit each parcel receives.Those zones are as follows: Zone A.Citywide Benefits,Only These parcels receive only Citywide benefits. Zone B.Rue Beaupre These parcels receive the local benefits of the Rue Beaupre median,as well as the Citywide benefits. Zone C.Clovercliff Park The maintenance of Clovercliff Park is no longer financed through this District;therefore,these parcels receive only the Citywide benefits. Zone D.Vanderlip Park The maintenance of Vanderlip Park is no longer financed through this District;therefore,these parcels receive only the Citywide benefits. Zone E.Alta Vista (Formerly Landscape and Open-space Maintenance District No.1) These parcels receive the local benefits of the Alta Vista median,as well as the Citywide benefits. Zone F.Ocean Terrace (Formerly Landscape and Open-space Maintenance District No.2) These parcels receive the local benefits of the Ocean Terrace median and street lights,as well as the Citywide benefits. Zone G.Miraleste Landscaping and Lighting District These parcels are included in an existing landscape and lighting maintenance district under the authority of the Miraleste Park District that maintains the medians in the major thoroughfares and the weed abatement for the area that would otherwise be maintained by the City.This area,therefore,benefits only from the street light I traffic signal system maintenance,street tree maintenance and administration for this District. Q:\RPVlLLMDlfy 10-11\reports\lImd1011 11may10.doc 11II1 Harris &Associates 12-20 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District May 11,2010 Page 14 Zone L.Street Lighting Overlay Zone These parcels receive the local benefit from the street lighting system formerly maintained by the County.This zone overlaps several of the zones above;therefore the parcels within this zone receive this benefit in addition to the benefits received from other respective zones. D.SUB-ZONES A system of sub-zones has been developed to classify the different land use types in the City.Those sub-zones are as follows: O.Exempt 1.Single Family Residential Parcels 2.Multi-Family Residential Parcels 3.Non-Residential Parcels 4.Utilities 1 5.Vacant Residential Parcels 6.Vacant Non-Residential Parcels 7.Vacant Moratorium Parcels IV.INVENTORY OF PARCELS The following information was obtained from the Los Angeles County Assessor's Roll, Assessor's Parcel Maps,and the City of Rancho Palos Verdes Planning Department. Dwelling Land Use Parcels Units Acres ED Us O.Exempt 310 1.Single Family Residential Parcels 13,068 13,068 13,068.00 2.Multi-Family Residential Parcels 1,610 2,908 2,181.00 3.Non-Residential Parcels 87 360.28 741.63 4.Utilities 16 22.93 69.87 5.Vacant Residential Parcels 183 45.75 6.Vacant Non-Residential Parcels 30 257.56 139.83 7.Vacant Moratorium Parcels 154 821.58 87.20 TOTALS:15,458 15,976 1,462.35 16,333.28 Utilities are assessed through the Board of Equalization and those parcels are not included in the Assessment Roll submitted to the County,but are listed separately. Q:\RPv\LLMDlfy 10-11\reports\lImd1011 11 may10.doc III Harris &Associates12-21 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District The distribution of EDUs per Zone is as follows: Zone EDU A 14,260.47 B 538.25 C 551.00 D 473.50 E 51.25 F 75.50 G 383.31 Total:16,333.28 May 11,2010 Page 15 BUDGET APPORTIONMENT TO ZONES Citywide improvements (Zones A,B,C,0,E,F and G) Traffic Signals and Safety Lighting $0 Street Trees $225,000 Adminstrative Costs and Overhead $88,293 Reserves $0 Beginning Fund Balance -7/112010 (positive)($48,018) City Contribution ($203,699' Subtotal:$61,576 Citywide improvements except Miraleste (Zones A,B,C,0,E,and F) Weed Abatement $37,000 Medians $273,160 City Contribution ($116,368) Subtotal:$193,792 Rue Beaupre Medians (Zone B)$535 Alta Vista Medians (Zone E)$865 Ocean Terrace Medians and Lights (Zone F)$1,919 Total:$258,687 The following page provides a table that shows the summary of the annual assessments for each of the Zones of Benefit. Q:\RPV\LLMD\fy 10-11\reports\l1md1 011 11 may1 O.doc III Harris &Associates12-22 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District SUMMARY OF ANNUAL ASSESSMENTS PER EDU Categories of Benefit May 11,2010 Page 16 Category &Zone Zone Zone Zone Zone Zone Zone Asmt Rate Budget A B C D E F G $/EDU Citywide lighting,street trees, and administrative costs X X X X X X X $3.77 * $61,576 Citywide weed abatement &medians X X X X X X $12.15 $193,792 Rue Beaupre Medians X $0.99 $535 Alta Vista X $16.88 $865 Ocean Terrace X $25.41 $1,919 Total 2010·11 Assessment $15.92 $16.91 $15.92 $15.92 $32.80 $41.33 $3.77withCredit($/EDU) Total Max.Asmt $20.38 $21.37 $20.38 $20.38 $37.26 $45.79 $8.23withoutCredit($/EDU) •The maximum Citywide lighting,street trees and administrative costs assessment rate IS $8.23 per EDU. This Maximum Rate is reduced by the Traffic Signal Costs that are temporarily transferred into the 1911 Act funds Total 2009-10 Assessment $15.92 $16.91 $15.92 $15.92 $32.80 $41.33 $3.77withCredit($/EDU) T~.~I with Credit ($/EDU)$15.92 $16.91 $15.92 $15.92 $32.80 $41.33 $3.77 Total 2007-08 Assessment $15.92 $16.91 $15.92 $15.92 $32.80 $41.33 $3.77withCredit($/EDU) Total 2006-07 Assessment $15.92 $16.91 $15.92 $15.92 $32.80 $41.33 $3.77withCredit($/EDU) Total 2005-06 Assessment $15.92 $16.91 $15.92 $15.92 $32.80 $41.33 $3.77withCredit($/EDU) Total 2004-05 Assessment ($IEDU)$20.38 $21.37 $20.38 $20.38~ Total 2003-04 Assessment ($IEDU)$20.38 $21.37 $20.38 $20.38 $37.26 $45.79 $8.23 An "X"in the table above indicates the category of benefit that is included in each Zone.The total assessment per zone is the sum of the assessments for each of the categories. Zone L •Street Lighting Overlay Zone.Because of the large reserve fund in the 1911 Act Lighting Maintenance District formerly administered by the County,those properties receiving a direct local benefit from this street lighting system will not be assessed for FY 2010-11. Q:IRPv\LLMDlfy 10-11lreportslllmd1011 11 may10.doc III Harris &Associates12-23 Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District PARTE PROPERTY OWNER LIST May 11,2010 Page 17 A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles,which by reference is hereby made a part of this report.This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Rancho Palos Verdes. PARTF ASSESSMENT DISTRICT DIAGRAM The boundaries of the District are coterminous with the boundaries of the City of Rancho Palos Verdes.A diagram showing the exterior boundaries of the District,the boundaries of any zones within the District,and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Rancho Palos Verdes,and is incorporated herein by reference.The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for Fiscal Year 2010-11.The Assessor's maps and records are incorporated by reference herein and made part of this report. Q:\RPV\LLMD\fy 10-11 \reporls\lImd1 011 11 may1 O.doc III Hams &Assodates 12-24 RESOLUTION NO.2010-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2010-2011 FISCAL YEAR 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 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS,DETERMINES,RESOLVES AND ORDERS AS FOLLOWS: Section 1.Pursuant to prior resolutions,the City Council of the City of Rancho Palos Verdes initiated proceedings and declared its intention to levy an assessment 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 Landscaping and Lighting Act of 1972,Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500)(the "Act")for the fiscal year commencing July 1,2010 and ending June 30,2011,and ordered Harris &Associates (the "Assessment Engineer")to prepare and file a written 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 2.The City Council hereby applies $104,100 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 application of the fund balance will be just and equitable and in the public interest. Section 3.Following notice duly given in accordance with 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 assessment within the District for fiscal year 2010-11 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 R6876-1 019\1222764v1.doc 12-25 assessment 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 4.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 benefitted by the improvements described in the Engineer's Report,(ii)the District includes all of the lands so benefitted,and (iii) the net amount to be assessed upon the lands within the District for the 2010-11 fiscal year 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 5.The City Council declares that the diagram and assessment in the Engineer's Report are hereby confirmed as filed. Section 6.The City Council hereby orders the improvements described in the Engineer's Report to be made. Section 7.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 an annual assessment pursuant to the Act. Section 8.The assessment is levied without regard to property valuation. Section 9.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 10.The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the Engineer's Report for fiscal year 2010-11. Section 11.The improvements described in the Engineer's Report shall be performed pursuant to law. Section 12.The County Auditor of Los Angeles County 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. R6876-1 019\1222764v1.doc 2 12-26 Section 13.The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Improvement Fund,Citywide Landscaping and Lighting Maintenance District. Section 14.The adoption of this Resolution constitutes the levy of an assessment against the lots and parcels of land in the District for the fiscal year commencing July 1,2010 and ending June 30,2011. Section 15.The City Clerk is hereby authorized and directed to file the diagram and assessment,or a certified copy of the diagram and assessment, with the County Auditor,together with a certified copy of this Resolution upon its adoption. Section 16.A certified copy of the assessment and diagram shall be filed in the Department of Public Works,with a duplicate copy on file in the office of the City Clerk and open for public inspection. PASSED,APPROVED AND ADOPTED this 15th day of June,2010. Mayor ATTEST: City Clerk R6876-1019\1222764v1.doc 3 12-27 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.2010-was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 15,2010. City Clerk City of Rancho Palos Verdes R6876-1 019\1222764v1 .doc 4 12-28