CC RES 2021-028 RESOLUTION NO. 2021-28
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
2021-22 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
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 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 15,
2021.
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) approves the Engineer's Report; (2) finds
that the public interest and convenience requirements have been met; and (3) 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, 2021 and ending
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June 30, 2022, and will use other available funds to pay necessary expenditures for
improvements 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. 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 5. The City Council hereby approves the Engineer's Report as submitted
and declares its intent to apply $573,600 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 $890,804 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 an amount 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 6. Notice is hereby given that the City Council designates July 20, 2021,
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
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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, 30940Hawthorne 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 20, 2021.
Section 7. The City Clerk shall give notice of the aforesaid date, time, and place
of the hearing in accordance with law.
Section 8. 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 of Jun- _I 1.
Mayor T
ATTEST:
_imiedgi,k.aci
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 2021-28 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on June 15, 2021.
.
City Clerk
111
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