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CC SR 20190716 01 - FY 19-20 Citywide LLMD PUBLIC HEARING Date: July 16, 2019 Subject: Consideration and possible action to approve setting at zero the annual levy and assessments of the existing Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2018-19 Recommendation: 1) Conduct the public hearing on the proposed levy of the annual FY 19-20 Citywide Landscaping and Lighting Maintenance District; and, 2) Adopt Resolution No. 2019___, 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 2019-2020 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. 3) Report of Notice Given: City Clerk 4) Declare Public Hearing Open: Mayor Duhovic 5) Request for Staff Report: Mayor Duhovic 6) Staff Report & Recommendation: Ron Dragoo, City Engineer 7) Council Questions of Staff (factual and without bias): 8) Testimony from members of the public: The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of spea kers who intend to speak. 7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Duhovic 8. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 9. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision. RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/16/2019 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to approve setting at zero the annual levy and assessments of the existing Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2018-19 RECOMMENDED COUNCIL ACTION: (1) Conduct the public hearing on the proposed levy of the annual FY 19-20 Citywide Landscaping and Lighting Maintenance District; and, (2) Adopt Resolution No. 2019___, 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 2019-2020 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. FISCAL IMPACT: A zero assessment will require that the expenditures of the district be paid for through other sources. Measure M funds will be used to cover the district’s estimated expenditures of $878,507 for FY 19-20 (countywide half-cent sales tax increase approved by voters on November 8, 2016). Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Ron Dragoo, PE, Principal/City Engineer REVIEWED BY: Elias Sassoon, PE, Director of Public Works APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2019___ (page A-1) B. Amended Engineer’s Report C. Notice of Public Hearing (page C-1) BACKGROUND On June 18, 2019, the City Council approved the Engineer’s Report for the FY 19-20 Citywide Landscaping and Lighting Maintenance District (District). The District was formed in 1992 to levy assessments on parcels throughout the City to finance the ongoing 1 operation, maintenance and servicing of median landscaping, street trees, street lighting and traffic signals within the boundaries of the City. The approved Engineer’s Report established the district assessments for FY 19-20. A Resolution of Intention was also approved at the June 18, 2019 City Council meeting declaring the council’s intention to set the levy at zero within the existing District, and which set this evening’s public hearing on the proposed levy and collection of t hese assessments. Staff placed a notice of the public hearing in the Palos Verdes Peninsula News on June 27, 2019 (Exhibit C). In addition, the notice of the public hearing was posted at the Civic Center on June 27, 2019. DISCUSSION: Annual Levy Procedures On August 6, 1992, the City Council formed the District as an assessment district pursuant to the Landscaping and Lighting Act of 1972 (1972 Act). The purpose of forming the District was to provide additional funding for the ongoing operation, maintenance and servicing of median landscaping, street trees, street lighting, and traffic signals within the boundaries of the City. The District has been funded through assessments on properties throughout the City. Each parcel was assessed an amount, which is based on the relative benefit the parcel receives from the District’s operations. The City ensures a fair and equitable sharing of the costs by conducting an annual review of District operations, wherein the current year’s expenses are reviewed, the ensuing year’s expenses are budgeted, and assessments are determined based on this review. The 1972 Act requires that proceedings be undertaken on an annual basis for any year during which assessments will be levied and collected. The 197 2 Act also requires the preparation of an Engineer’s Report in connection with the annual levy of assessments. This year an Engineer’s Report has not been prepared as the levy will be set to zero. The District is currently exempt from the requirements of Proposition 218 because the assessments predate, and have not been increased since, the effective date of Proposition 218 (July 1, 1997). Setting the levy to zero annually is required to keep the District in place. As long as the District remains in place and is not dissolved, any future City Council could elect to reinstate the levy of assessments up to the maximum amount shown on page 5 of the Amended Engineer’s Report (Attachment B page B-5). The process would be the same as in past years (i.e., resolution ordering the Engineer’s Report, resolution approving the Engineer’s Report, setting a public hearing date and resolution authorizing the levy of assessments). Estimate of Cost for District 2 The District’s engineer, Harris & Associates, Inc., conducted its last review of the proposed District budget for FY 17-18 and prepared the Amended Engineer’s Report, which was used when the levy and assessments of FY 17-18 Citywide LLMD for FY 17- 18 were initially set at zero. The “Estimate of Cost” included in the Amended Engineer’s Report Attachment B (pages B-5 and B-6) provides a summary of the District’s FY 19- 20 estimated revenues and expenditures. A zero assessment requires that the District’s annual estimated expenditures of $878,507 be paid for through other sources. Measure M funds (countywide ½-cent sales tax increase approved by voters on November 8, 2016) will be used to cover the District’s expenditures for FY19-20. ALTERNATIVES: In addition to the Staff recommendation, the following alternative is available for the City Council’s consideration: 1. Direct Staff to modify the Amended Engineer’s Report and bring this item back to City Council for approval at a future meeting 3 RESOLUTION NO. ______ 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 2019-2020 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 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 August 21, 2018 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 2018-19; and WHEREAS, in accordance with Section 22624 of the Act, the City Council now desired to declare its intention to set the levy at zero for assessments within the District for Fiscal Year 2019-20; 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 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, which previously paid for the improvements described below in Section 4 of this Resolution. A-1 -2- Section 3. The boundaries of the District are coterminous with the boundaries of the City of Rancho Palos Verdes. Section 4. The proposed improvements are briefly described as follows: The operation, maintenance and servicing of public streets 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 o r 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 a nd 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 City Council may elect to levy an assessment in future years following a noticed public hearing as required by Section 22625 of the Act at a rate that shall not exceed the rate which was in effect on July 1, 1997. Section 6. The City Council hereby declares its intent to apply any remaining 1911 Act Lighting Maintenance District Fund balance to the costs and expenses of operating, maintaining and servicing traffic signals and safety 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 wit hin 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. PASSED, APPROVED AND ADOPTED this 16th day of July, 2019. __________________________ Mayor ATTEST: ___________________________ City Clerk A-2 -3- 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. ___________ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on ____________ ___, 201 9. ________________________________ City Clerk City of Rancho Palos Verdes A-3 CITY OF RANCHO PALOS VERDES ENGINEER’S REPORT CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2019-20 LOS ANGELES COUNTY, CALIFORNIA June 7, 2019 PREPARED BY 22 Executive Park, Suite 200 Irvine, CA 92614 www.weareharris.com B-1 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 TABLE OF CONTENTS Certifications .................................................................................................................. i Part I - Overview ........................................................................................................... 1 Part II - Plans and Specifications ................................................................................... 3 Part III – Cost Estimate .................................................................................................. 5 Part IV – Method of Apportionment............................................................................. 8 Appendix A – Assessment Roll .................................................................................... 16 Appendix B – Assessment Diagram ............................................................................ 17 B-2 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 i CERTIFICATIONS AGENCY: THE CITY OF RANCHO PALOS VERDES PROJECT: CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT TO: THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ENGINEER’S REPORT FOR FISCAL YEAR 2019–20 The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the Citywide Landscape and Lighting Maintenance District of the City of Rancho Palos Verdes to levy assessments within the District to provide services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2019–20. Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), and in accordance with the City of Rancho Palos Verde’s Resolution being adopted by the City Council for: CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT (Hereinafter referred to as the “District”), I, K. Dennis Klingelhofer, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following four (4) parts and Appendices: PART I Overview: Provides historical information about the District. PART II Plans and Specifications: Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Engineer and are incorporated herein by reference. PART III Cost Estimate: An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. B-3 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 ii PART IV Method of Apportionment of the Assessments: The method of apportionment of assessments indicates the proposed assessment of the net amount of the costs and expenses of the maintenance and/or servicing of the improvements to be assessed upon the several lots and parcels of land within the Assessment District in proportion to the estimated special benefits to be received by such lots and parcels. Appendices Appendix A – Assessment Roll Appendix B – Assessment Diagram In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided. DATED: June 7, 2019 ___________________________________________ K. Dennis Klingelhofer, P.E., Assessment Engineer R.C.E. No. 50255 Engineer of Work County of Los Angeles State of California 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 ____________, 2019. Emily Colborn, City Clerk, City of Rancho Palos Verdes Los Angeles County, California By ____________________________ B-4 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 iii 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 ____________, 2019. Emily Colborn, City Clerk, City of Rancho Palos Verdes Los Angeles County, California By ____________________________ B-5 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 1 PART I – OVERVIEW Annual Proceedings The annual proceedings for the Citywide Landscaping and Lighting Maintenance District are conducted under the Landscaping and Lighting Act of 1972, Part II of Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California (the "Act"). This report, as signed and presented to the Council for approval, has been prepared according to the methodology and the maximum rates shown herein do not exceed the rates approved by the City Council in 1992. 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 is 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. Impact of Proposition 218 On November 5, 1996, the voters of the State of California adopted Proposition 218 creating Article XIII D of the California State Constitution which created requirements for the creation of new assessments or to increase existing assessments. Proposition 218 also established exemptions to its provisions for assessment districts created prior to its passage. The Citywide Landscaping and Lighting Maintenance District is currently deemed exempt from the requirements of Proposition 218 so long as the assessments do not exceed the rates in effect on July 1, 1996. Should assessments need to be increased in the future, the District will have to comply with the requirements of Proposition 218. History of the District To ensure a flow of funds for the on-going operation, maintenance and servicing of median landscaping, street trees, street lighting and traffic signals which provide a special benefit to parcels within the boundaries of the City of Rancho Palos Verdes, the City Council formed the Citywide Landscaping and B-6 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 2 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. 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. 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 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. On May 16, 2017, the City Council decided not to proceed with the adopting the Report and made a motion not to levy the assessments in Fiscal Year 2017-18 for the Citywide Landscaping and Lighting Maintenance District. The Report was modified to reflect the “Zero” levy for Fiscal Year 2017-28 and the Council extended the “Zero” levy for Fiscal Years 2018-19 and 2019-20. At any point in time the Council may elect to initiate collecting the assessments without triggering compliance with Proposition 218 as long as the rate to be applied is the same as or less than the last approved rates. In 2019, it is anticipated that the City will acquire 1,746 street lights from Southern California Edison (SCE) and this report documents that transaction and the planned capital expenditure to convert the lights to LEDs. B-7 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 3 PART II – PLANS AND SPECIFICATIONS 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 are generally described as follows: The proposed improvements for FY 2019-20 may be generally described as the continued maintenance of eligible improvements 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. B-8 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 4 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. B-9 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 5 PART III – COST ESTIMATE The estimated cost of the street and sidewalk improvements for Fiscal Year 2019-20, as described in Part II, 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)$28,216 7 $2,193,650 ESTIMATED REVENUES Maximum Assessment Levy $259,989 Actual Assessment Levy $0 7 Ad Valorem Taxes, less delinquencies $618,898 Interest Earnings $118 7 $8,745 City General Fund Contribution to Cover Expenditures $850,173 7 Total Funds Available $878,507 $2,821,293 ESTIMATED EXPENDITURES Street Landscaping Major Thoroughfare Medians $280,000 1 Special Benefit Median Maintenance Rue Beaupre (Zone B)$535 1 Alta Vista (Zone E)$865 1 Ocean Terrace (Zone F)$1,019 1 Abalone Cove Shoreline Park Maintenance $58,000 2 Backflow Inspections $6,000 1 California Coastal Trail Maintenance $12,200 2 Salvation Army Trail Maintenance $7,400 2 Weed Abatement $15,000 2 Street Tree Trimming $382,000 1 Street Lights Traffic Signals & Safety Lighting $75,000 4 Street Lights $280,000 5 Acquisition of Lights from SCE $651,072 6 CIP - LED Conversion $425,238 6 Ocean Terrace (Zone F)$900 1 $763,919 $1,431,310 Administration and Overhead Anticipated Delinquencies (3%)$0 3 Administration and Overhead (15%)$114,588 3 $214,697 5 $114,588 $214,697 Total Expenditures $878,507 7 $1,646,007 ENDING FUND BALANCE (6/30)$0 $1,175,286 B-10 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 6 Cost Estimate Footnotes: 1. This item is budgeted within Fund 202, Program 3180, in the FY 2019-20 Proposed City Budget. 2. This item is budgeted within Fund 101, Program 3150, in the FY 2019-20 Proposed City Budget. 3. This item is budgeted within Fund 203, Program 0000, in the FY 2019-20 Proposed City Budget. 4. This item is budgeted within Fund 211, Program 0000, in the FY 2019-20 Proposed City Budget. 5. This item is budgeted within Fund 211, Program 0000, in the FY 2019-20 Proposed City Budget. 6. The City is in the process of acquiring 1,746 streetlights using the 1911 Act Fund Balance (currently $2,193,650), including, but not limited to: (1) Acquisition of all street lights within the City boundaries from Southern California Edison (SCE) and converting them to energy-efficient LED bulbs; (2) Expanding the scope of what is covered by the 1911 Act funds to include building and park exterior lighting, etc.; and/or (3) Reducing or suspending the assessments. 7. Estimated revenue generated by the 1972 Act proposed assessment for FY 2019-20 is Zero and the total cost for maintenance and servicing of these Citywide facilities ($878,507), with beginning 1972 Act Fund Balance ($28,216), interest earnings in the Fund ($118), will be funded by the City General Fund ($850,173). A table showing how the budget is apportioned to each zone is provided on page 13. B-11 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 7 PART IV - METHOD OF APPORTIONMENT 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. B-12 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 8 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 0. 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.  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 B-13 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 9 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. Exempt Property - 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 2019-20 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 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 - 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. B-14 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 10 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. 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. 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. 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 - 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 B-15 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 11 for the area that would otherwise be maintained by the City. This area, therefore, benefits only from the street light/traffic signal system maintenance, street tree maintenance and administration for this District. 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. 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: 0. Exempt 1. Single-Family Residential Parcels 2. Multi-Family Residential Parcels 3. Non-Residential Parcels 4. Utilities1 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. 1 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. Land Use Dwelling Units Acres EDUs 0.Exempt 320 - - - - - - - - - - - - - - - 1.Single-Family Residential Parcels 13,023 13,023 - - - - -13,023.00 2.Multi-Family Residential Parcels 1,792 3,124 - - - - -2,343.00 3.Non-Residential Parcels 89 - - - - -364.20 756.80 4.Utilities 14 - - - - -21.67 64.79 5.Vacant Residential Parcels 142 - - - - - - - - - -35.50 6.Vacant Non-Residential Parcels 26 - - - - -184.44 113.18 7.Vacant Moratorium Parcels 138 - - - - -621.57 78.94 TOTALS:15,544 16,147 1,191.88 16,415.22 Parcels B-16 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 12 The distribution of EDUs per Zone is as follows: The following page provides a table that shows the summary of the annual assessments for each of the Zones of Benefit. Zone EDU A 14,338.66 B 540.25 C 551.00 D 474.25 E 51.25 F 76.25 G 383.56 Total:16,415.22 Citywide improvements (Zones A, B, C, D, E, F and G) Traffic Signals and Safety Lighting $0 Street Trees $382,000 Adminstrative Costs and Overhead $114,588 Reserves $0 Interest ($118) Beginning Fund Balance - 7/1 (positive)($28,216) City Contribution ($468,253) Subtotal:$0 Citywide improvements except Miraleste (Zones A, B, C, D, E, and F) Weed Abatement $15,000 Medians $363,600 City Contribution ($378,600) Subtotal:$0 Rue Beaupre Medians (Zone B)$535 Alta Vista Medians (Zone E)$865 Ocean Terrace Medians and Lights (Zone F)$1,919 City Contribution ($3,319) Subtotal:$0 Total:$0 BUDGET APPORTIONMENT TO ZONES B-17 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 13 SUMMARY OF ANNUAL ASSESSMENTS PER EDU Categories of Benefit 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 2019-20. Category & Budget Zone A Zone B Zone C Zone D Zone E Zone F Zone G Asmt Rate $/EDU Citywide lighting, street trees, and administrative costs X X X X X X X $0.00 * $61,885 Citywide weed abatement & medians X X X X X X $0.00 $194,785 Rue Beaupre Medians X $0.00 $515 Alta Vista X $0.00 $865 Ocean Terrace X $0.00 $1,919 Total 2019-20 Assessment with Credit ($/EDU)$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 B-18 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 14 APPENDIX A – ASSESSMENT ROLL 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. The total proposed assessment for Fiscal Year 2019-20 is zero and therefore assessments will not be submitted to the County and this Report will be on file with the City Clerk for reference and record of the zero assessment. B-19 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2019-20 15 APPENDIX B – ASSESSMENT 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. The Assessor's maps and records are incorporated by reference herein and made part of this report. A reduced copy of the assessment diagram is attached. B-20 NOTICE OF PUBLIC HEARING CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2019-2020 NOTICE IS HEREBY GIVEN that a public hearing will be conducted for the Rancho Palos Verdes Citywide Landscaping and Lighting Maintenance District on Tuesday, July 16, 2019, at 7:00 PM, at Fred Hesse Community Park, 29301 Hawthorne Boulevard. On June 18, 2019, the City Council adopted Resolution No. 2019-22 declaring its intention not to levy and collect assessments within the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2019-20 pursuant to the Landscaping and Lighting Maintenance 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. A copy of Resolution 2019-22 follows below: RESOLUTION NO. 2019-22 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 2019-2020 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 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 C-1 WHEREAS, on August 21, 2018, 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 2018-19; and WHEREAS, in accordance with Section 22624 of the Act, the City Council now desired to declare its intention to set the levy at zero for assessments within the District for Fiscal Year 2019-20; 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 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, which previously paid for the improvements described below in Section 4 of this Resolution. Section 3. The boundaries of the District are coterminous with the boundaries of the City of Rancho Palos Verdes. Section 4. The proposed improvements are briefly described as follows: The operation, maintenance and servicing of public streets 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. C-2 Section 5. The City Council may elect to levy an assessment in future years following a noticed public hearing as required by Section 22625 of the Act at a rate that shall not exceed the rate which was in effect on July 1, 1997. Section 6. The City Council hereby declares its intent to apply any remaining 1911 Act Lighting Maintenance District Fund balance to the costs and expenses of operating, maintaining and servicing traffic signals and safety lighting. The City Coun cil 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 in cluded 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. PASSED, APPROVED, AND ADOPTED this 18th day of June, 2019. _____/s/ Jerry Duhovic___ Mayor ATTEST: /s/ Teresa Takaoka_ Deputy City Clerk Dated: June 18, 2019 Please publish in the Palos Verdes Peninsula News on Thursday, June 27, 2019. C-3