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CC SR 20210720 04 - Citywide LLMD Levy PUBLIC HEARING Date: July 20, 2021 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 2021-22. Recommendation: 1) Conduct the public hearing on the proposed levy of the annual FY 2021-22 Citywide Landscaping and Lighting Maintenance District; and 2) Adopt Resolution No. 2021___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING TO SET THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2021-2022 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 Alegria 5) Request for Staff Report: Mayor Alegria 6) Staff Report & Recommendation: Ron Dragoo, Principal 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 Alegria 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. CITY COUNCIL MEETING DATE: 07/20/2021 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: 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 2021-22. RECOMMENDED COUNCIL ACTION: (1) Conduct the public hearing on the proposed levy of the annual FY 2021-22 Citywide Landscaping and Lighting Maintenance District; and (2) Adopt Resolution No. 2021___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING TO SET THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2021-2022 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. Gas Tax, Measure M, and the General Fund will be used to cover the District’s estimated expenditures of $890,804 for FY 2021-22. Amount Budgeted: $890,804 Additional Appropriation: N/A Account Number(s): 202-400-3180-5201 $395,900 (Gas Tax – Street Landscape Maintenance) 101-400-3151-5201 $75,500 (General Fund – Parks Maintenance) 101-400-3150-5201 $20,776 (General Fund – Trails & Open Space Maintenance) 221-400-0000-5201 $282,567 (Measure M – Landscape Maintenance) 101-400-3110-41XX $116,061 (General Fund – Administration - Salaries) ORIGINATED BY: Ron Dragoo, PE, Principal/City Engineer REVIEWED BY: Ramzi Awwad, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager 1 ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2021-____ (page A-1) B. Engineer’s Report (page B-1) C. Notice of Public Hearing (page C-1) D. Resolution No. 2021-28 (page D-1) BACKGROUND AND DISCUSSION: On August 6, 1992, the City Council formed an assessment district designated as the Citywide Landscaping and Lighting Maintenance District (District), pursuant to the Landscaping and Lighting Act of 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 of Rancho Palos Verdes. Annual Levy Procedures 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 Act requires that proceedings be undertaken on an annual basis for any year during which assessments will be levied and collected. The Act also requires the preparation of an engineer’s report in connection with the annual levy of assessments. This year an engineer’s report was prepared, and maintenance costs were estimated; however, 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 engineer’s report (Attachment B page B-10). The process would be the same as in past years (i.e. resolution ordering the engineer’s report and approving the engineer’s report, setting a public hearing date, and resolution authorizing the levy of assessments). On June 15, 2021, the City Council adopted Resolution No. 2021-28 approving the engineer’s report for the FY 2021-22 District (Attachment D). The approved engineer’s report established the District assessments for FY 2021-22. The resolution also declared the City Council’s intention to set the levy at zero within the existing District and set the 2 time and date for this evening’s public hearing on the proposed levy and collection of these assessments. Notification of the Public Hearing was placed in the Palos Verdes Peninsula News on July 1, 2021 (Attachment C). Estimate of Cost for District The District’s engineer, Harris & Associates, Inc., conducted its review of the proposed District budget for FY 2021-22 and prepared its engineer’s report (Attachment B). The report was used to set the levy and assessment at zero for FY 2021-2022. Part III – Cost Estimate of the Engineer’s Report (page B-10 of Attachment B), summarizes the District’s FY 2021-22 estimated expenditures. A zero assessment requires that the District’s annual estimated expenditures of $890,804 be paid for through other sources. Gas Tax, Measure M funds (countywide ½-cent sales tax increase approved by voters on November 8, 2016), and the General Fund will be used to cover the District’s expenditures for FY 2021-22. 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 the City Council for approval at a future meeting. 2. Consider assessing a levy greater than zero but no more than the levy approved in 1992 to cover costs for landscaping and maintaining City medians and parkways. 3 RESOLUTION NO. 2021-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING TO SET THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2021-2022 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 o f 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 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, on July 16, 2019, 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 2019 -20; and WHEREAS, on July 21, 2020, pursuant to the provisions of the Act, the City Council directed staff to take action to set at zero the levy and collec tion of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2020 -21; and A-1 -2- 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 2021-22; 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, 2021 and ending June 30, 2022. 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 ordin ary 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 fac ilities; 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. 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 and to use other available funds to fund the maintenance and servicing of the landscaping improvements within the A-2 -3- District. 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 8. 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 a ny costs and expenses of the improvements. PASSED, APPROVED AND ADOPTED this 20th day of July, 2021. __________________________ Mayor ATTEST: ___________________________ 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-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 20, 2021. _______________________________ 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 2021-22 LOS ANGELES COUNTY, CALIFORNIA June 15, 2021 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 2021-22 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............................................................................. 7 Appendix A – Assessment Roll .................................................................................... 14 Appendix B – Assessment Diagram ............................................................................ 15 B-2 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2021-22 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 2021-22 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 2021-22. 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, Alison Bouley, 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 2021-22 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 15, 2021 ___________________________________________ Alison Bouley, P.E., Assessment Engineer R.C.E. No. C61383 Engineer of Work State of California B-4 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2021-22 iii 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 ____________, 2021. Teri Takaoka, 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 ____________, 2021. Teri Takaoka, 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 2021-22 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 2021-22 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 2017-18 and the Fiscal Years since then. The “Zero” levy will continue for Fiscal Year 2021-22. 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 2018, the City acquired 1,762 street lights from Southern California Edison (SCE) and a planned capital expenditure was included in fiscal year 2019-20 to convert the lights to LEDs. That effort is now complete. B-7 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2021-22 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 2021-22 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 2021-22 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 2021-22 5 PART III – COST ESTIMATE The estimated cost of the street and sidewalk improvements for Fiscal Year 2021-22, 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)$29,000 6 $1,310,375 ESTIMATED REVENUES Maximum Assessment Levy $259,535 Actual Assessment Levy $0 6 Ad Valorem Taxes, less delinquencies $628,200 Interest Earnings $200 6 $13,000 Contributions from noted sources $861,604 Total Funds Available $890,804 $1,951,575 ESTIMATED EXPENDITURES Street Landscaping Major Thoroughfare Medians $380,000 1 Median Utilities $1,000 5 Special Benefit Median Maintenance Rue Beaupre (Zone B)$546 5 Alta Vista (Zone E)$882 5 Ocean Terrace (Zone F)$1,039 5 Abalone Cove Shoreline Park Maintenance $72,000 2 Backflow Inspections $3,500 2 California Coastal Trail Maintenance $12,932 3 Salvation Army Trail Maintenance $7,844 3 Weed Abatement $15,900 1 Street Tree Trimming $278,200 5 Total Landscaping Expenditures $773,843 Street Lights Traffic Signals & Safety Lighting $125,000 4 Street Lights $144,000 4 Utility Costs $220,000 4 Parking Lot Lighting at PVIC CIP Project $75,000 4 Ocean Terrace (Zone F)$900 5 Total Lighting Expenditures $900 $564,000 Administration and Overhead Anticipated Delinquencies (3%)$0 Administration and Overhead (15%)$116,061 6 $84,600 4 Total Administration Expenditures $116,061 $84,600 Total Expenditures $890,804 $648,600 ENDING FUND BALANCE (6/30)$0 $1,302,975 B-10 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2021-22 6 Cost Estimate Footnotes: 1. This item is budgeted within Fund 202, Program 3180, in the FY 2021-22 Proposed City Budget. 2. This item is budgeted within Fund 101, Program 3151, in the FY 2021-22 Proposed City Budget. 3. This item is budgeted within Fund 101, Program 3150, in the FY 2021-22 Proposed City Budget. 4. This item is budgeted within Fund 211, Program 0000, in the FY 2021-22 Proposed City Budget. 5. This item is budgeted within Fund 221, Program 0000, in the FY 2021-22 Proposed City Budget. 6. Estimated zero revenue generated by District assessments for FY 2021-22 (Maximum would be $259,535). The 72 Act fund currently has a balance of $29,000 and interest earned of $200, so the remaining amount of $86,861 for General Administration and Overhead is funded by contributions from the General Fund 101, Program 3110. 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 2021-22 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." Exempted 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 exempt public utility rights- of-way (ROW) 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 2021-22 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 non- ROW 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 2021-22 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 2021-22 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 The desirability of property in a community is 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 of property. 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 2021-22 10 Benefits which increase the desirability of property 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 2021-22 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 321 - - - - - - - - - - - - - - - 1.Single-Family Residential Parcels 13,039 13,037 - - - - - 13,039.00 2.Multi-Family Residential Parcels 1,792 3,124 - - - - - 2,343.00 3.Non-Residential Parcels 90 - - - - - 332.77 714.85 4.Utilities 14 - - - - - 21.67 64.79 5.Vacant Residential Parcels 139 - - - - - - - - - - 34.75 6.Vacant Non-Residential Parcels 23 - - - - - 183.96 112.29 7.Vacant Moratorium Parcels 134 - - - - - 618.40 77.21 TOTALS: 15,552 16,161 1,156.80 16,385.90 Parcels B-16 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2021-22 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 14,308.84 B 540.25 C 551.00 D 474.25 E 51.25 F 76.25 G 384.06 Total:16,385.90 Citywide improvements (Zones A, B, C, D, E, F and G) Traffic Signals and Safety Lighting $0 Street Trees $278,200 Adminstrative Costs and Overhead $116,061 Reserves $0 Interest ($200) Beginning Fund Balance - 7/1 (positive)($29,000) Contributions from other Sources ($365,061) Subtotal:$0 Citywide improvements except Miraleste (Zones A, B, C, D, E, and F) Weed Abatement $15,900 Medians $476,276 Contributions from other Sources ($492,176) Subtotal:$0 Rue Beaupre Medians (Zone B)$546 Alta Vista Medians (Zone E)$882 Ocean Terrace Medians and Lights (Zone F)$1,939 Contributions from other Sources ($3,367) 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 2021-22 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 normally the sum of the assessments for each of the categories. For FY 2021-22 the City has determined not to levy the parcels for the potential assessment. 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. 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 2021-22. 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 * $0 Citywide weed abatement & medians X X X X X X $0.00 $0 Rue Beaupre Medians X $0.00 $0 Alta Vista X $0.00 $0 Ocean Terrace X $0.00 $0 Total 2021-22 Assessment with Credit ($/EDU)$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Maximum Asessment without Credit ($/EDU)$20.38 $21.37 $20.38 $20.38 $37.26 $45.79 $8.23 B-18 Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2021-22 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 2021-22 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 2021-22 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 2021-2022 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 20, 2021, at 7:00 PM, at Fred Hesse Community Park, 29301 Hawthorne Boulevard. On June 15, 2021, the City Council adopted Resolution No. 2021-28 declaring its intention not to levy and collect assessments within the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2021-22 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 2021-28 follows below: 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 LEVY ASSESSMENTS 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, C-1 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 requires 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 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 prop osed 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 C-2 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 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 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 this 15th day of June 2021. /s/ Erick Alegria Mayor ATTEST: /s/ Teri Takaoka City Clerk Dated: June 15, 2021 Please publish in the Palos Verdes Peninsula News on Thursday July 1, 2021 C-3 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 Resolution No 2021-28 Page 1 of 3D-1 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 Resolution No. 2021-28 Page 2 of 3 D-2 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 Resolution No 2021-28 Page 3 of 3 D-3