CC RES 2020-036 RESOLUTION NO. 2020-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING THE ENGINEER'S
REPORT AND DECLARING ITS INTENTION TO SET THE
LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR
2020-21 PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, CODIFIED AS PART 2 OF DIVISION 15 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE, AND
APPOINTING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO.
WHEREAS, on August 6, 1992, the City Council of the City of Rancho Palos
Verdes formed an assessment district designated as the Citywide Landscaping and
Lighting Maintenance District (the "District"), pursuant to the provisions of the
Landscaping and Lighting Act of 1972, codified as Part 2 of Division 15 of the Streets
and Highways Code (commencing with Section 22500) (the "Act"); and
WHEREAS, assessments were levied within the District to provide a dedicated
source of 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 landscaping, including irrigation systems,
and other appurtenant facilities; and
WHEREAS, the assessment levied by the District has not been increased on any
date on or after July 1, 1997; and
WHEREAS, pursuant to the provisions of the Act, the City Council initiated
proceedings by directing the Engineer, Harris & Associates, Inc. to prepare and file a
written report in accordance with Article 4 (commencing with Section 22565) of Chapter
1 of the Act; and
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer
prepared and filed such report (the "Engineer's Report") with the City Clerk on June 16,
2020.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The recitals are true and correct and incorporated herein by
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 dollars 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, 2020 and ending June 30, 2021, and will use other
available funds to pay necessary expenditures for improvements 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 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 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 approves the Engineer's Report as
submitted and declares its intent to apply $481,250 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 to apply $911,194 from other funding
sources to cover the costs of landscape maintenance. Such application of the fund
balance or from other funding sources is temporary and may be discontinued in any
subsequent fiscal year. In such event, assessment may be apportioned to each
assessable lot or parcel in the District in 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 and other available funds will be just and
equitable and in the public interest.
Section 7. Notice is hereby given that the City Council designates July 21,
2020, 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
Resolution No. 2020-36
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Verdes, California, as the date, time, and place for the hearing of protests or objections
II 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 21, 2020.
Section 8. The City Clerk shall give notice of the aforesaid date, time, and
place of the hearing in accordance with law.
Section 9. The City Clerk shall certify to the passage and adoption of this
Resolution and the minutes of this meeting shall reflect the presentation of the
Engineer's Report.
PASSED, APPROVED, AND ADOPTED this 16th day of June,2020.
Mayor
ATTEST:
C4,14 4,124 -. 1 Ite-wb)
ity 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. 2020-36 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on June 16, 2020.
City Clerk
Resolution No. 2020-36
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