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CC RES 2019-020 RESOLUTION NO. 2019-20 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 2019-20 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 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. 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 Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the "Act"), for the fiscal year commencing July 1, 2019 and ending June 30, 2020, and will use other available funds to pay necessary expenditures in Section 3 of this Resolution. Section 2. The boundaries of the District are coterminous with the boundaries of the City of Rancho Palos Verdes. Section 3. 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 4. 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 2019-20" (the "Engineer's Report") and by previous resolution the City Council approved the Engineer's Report as filed. Section 5. 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 6. The City Council hereby declares its intent to apply $355,000 of the 1911 Act Lighting Maintenance District Fund balance to the costs and expenses of operating, maintaining, and servicing traffic signals and safety lighting. Such application of the Fund Balance is temporary and may be discontinued in any subsequent fiscal year. In such event, other funds with the assessments apportioned to each assessable lot or parcel in the District may be 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 7. 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 8. Notice is hereby given that the City Council designates July 16, 2019, at 7:00 p.m., in the City Council Chambers, John C. McTaggart Memorial Hall, at the Hesse Park Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, California, 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 July 16, 2019. Section 9. The City Clerk shall give notice of the aforesaid date, time, and place of the hearing in accordance with law. Resolution No. 2019-20 Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 18th day of June, 2019. Mayor ATTEST: 034- -e Cityy 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. 2019-20 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2019. AMIft..t. 11. ity Clerk Resolution No. 2019-20 Page 3 of 3