CC RES 2022-034 RESOLUTION NO. 2022-34
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 2022-2023 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
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 collection of assessments
against the assessable lots and parcels of land in the District for Fiscal Year 2020-21;
and
WHEREAS, on June 15, 2021, 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 2021-22;
and
WHEREAS, on May 17, 2022, 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 2022-23;
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 2022-23; 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, 2022 and ending June 30, 2023.
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.
Resolution No. 2022-34
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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; alternatively, the City Council
may elect to propose a rate increase consistent with the requirements of Prop 218.
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
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 any costs
and expenses of the improvements.
PASSED, APPROVED AND ADOPT • ' : . of June 2022.
*°.A
David L. Bra. -y, Mayor
ATTEST:
4
o eresa akaoka, 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. 2022-34 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 7, 2022.
(--- eresa Takaoka, City Clerk
City of Rancho Palos Verdes
Resolution No. 2022-34
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