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CC SR 20220607 02 - LLMD FY22-23 PUBLIC HEARING Date: June 7, 2022 Subject: Consideration and possible action to approve setting the Citywide Landscaping and Lighting Maintenance District levy to zero for Fiscal Year 2022-23. Recommendation: 1) Conduct a public hearing for the proposed levy of the Citywide Landscaping and Lighting Maintenance District for FY 2022-23; and 2) Adopt Resolution No. 2022___, 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. 3) Report of Notice Given: City Clerk 4) Declare Public Hearing Open: Mayor Bradley 5) Request for Staff Report: Mayor Bradley 6) Staff Report & Recommendation: Ramzi Awwad, Director of Public Works 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 speakers who intend to speak. 7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Bradley 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. CITYOF RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/07/2022 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to approve setting the Citywide Landscaping and Lighting Maintenance District levy to zero for Fiscal Year 2022-23. RECOMMENDED COUNCIL ACTION: (1) Conduct a public hearing for the proposed levy of the Citywide Landscaping and Lighting Maintenance District for FY 2022-23; and (2) Adopt Resolution No. 2022___, 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. FISCAL IMPACT: A zero assessment will require that the expenditures of the Landscape Lighting and Maintenance District for FY 2022-23 be paid for through other sources. The FY 2022-23 draft budget includes $923,115 from Gas Tax, Measure M, and General Fund for the annual maintenance. Additionally, the proposed budget includes $450,000 from the City’s General Fund operating surplus for landscaping work. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Ramzi Awwad, Director of Public Works REVIEWED BY: Same as above APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2022-____ (page A-1) B. Engineer’s Report (page B-1) C. Notice of Public Hearing (page C-1) D. Resolution No. 2022-29 (page D-1) 1 CITYOF RANCHO PALOS VERDES BACKGROUND AND DISCUSSION: On August 6, 1992, the City Council formed an assessment district designated as the Citywide Landscaping and Lighting Maintenance District (LLMD), pursuant to the Landscaping and Lighting Act of 1972 (1972 Act). The purpose of forming the LLMD was to provide funding for the ongoing operation, maintenance, and servicing of landscaping, street trees, irrigation systems, hardscapes, sidewalks, streetlights, and traffic signals in City rights-of-way and dedicated easements. The LLMD is funded through assessments on properties citywide. In accordance with 1972 Act requirements, each parcel is assessed an amount based on the relative benefit the parcel receives from the LLMD’s operations rather than the parcel’s assessed value. The City hired a consultant, Harris & Associates, to prepare an Engineer’s Report (Attachment B), which includes a methodology for apportioning assessments based on relative benefit. The Engineer’s Report classifies areas within the City into various zones which, by reason of variations in the nature, location, and extent of the proposed activities and improvements, receive differing degrees of be nefit from the operation of the LLMD. The City Council ensures a fair and equitable sharing of LLMD costs by conducting an annual review wherein the current year’s expenses are reviewed, the ensuing year’s expenses are budgeted, and the assessment for the ensuing fiscal year is set. 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. On May 17, 2022, the City Council conducted its annual review. Staff recommended that the City Council consider setting the LLMD levy to zero for FY 2022-23 in order to provide relief to residents at a time when prices in various areas of the economy continue to rise and because the total budget amount for landscaping work for FY2022 -23 correlates to staffing and contract services that are able to be provided to complete the work. Staff advised the City Council that setting the rate to zero allows for the LLMD to remain in place and provides the option for future City Council action to reinstate the levy of assessments, as needed. In accordance with the procedures required to set the LLMD levy to zero, the City Council approved the Engineer’s Report (Attachment B), adopted Resolution No. 2022-29 (Attachment D) declaring the City Council’s intent to set the LLMD levy to zero for Fiscal Year 2022-23, and set a public hearing for June 7, 2022. Notification of the public hearing was placed in the Palos Verdes Peninsula News on May 26, 2022 (Attachment C). 2 CONCLUSION: On May 17, 2022, the City Council adopted a resolution declaring its intent to set the LLMD levy to zero for Fiscal Year 2022-23 and setting the time and date for a public hearing on the proposed levy. To fulfill the procedural requirements of setting the levy to zero, Staff recommends that the City Council conduct a public hearing for the proposed levy of the LLMD and adopt a resolution declaring to set the LLMD levy to zero for FY 2022-23. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Direct Staff to return with a new resolution and Engineer’s Report to set the LLMD levy to an amount greater than zero but no more th an the levy approved in 1992. 2. Take other action, as deemed appropriate 3 RESOLUTION NO. 2022-____ 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 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 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 collec tion of assessments A-1 -2- 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. A-2 -3- 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 ADOPTED this 7th day of June, 2022. ________________________________ David L. Bradley, Mayor ATTEST: ___________________________ Teresa Takaoka, 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-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 7, 2022. _______________________________ Teresa Takaoka, City Clerk City of Rancho Palos Verdes A-3 CITY OF RANCHO PALOS VERDES FINAL ENGINEER’S REPORT CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2022-23 LOS ANGELES COUNTY, CALIFORNIA June 6, 2022 PREPARED BY 22 Executive Park, Suite 200 Irvine, CA 92614 www.weareharris.com B-1 I B Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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 .................................................................................... 15 Appendix B – Assessment Diagram ............................................................................ 16 B-2 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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 2022–23 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 2022–23. 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 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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: May 17, 2022 ___________________________________________ Alison Bouley, P.E., Assessment Engineer R.C.E. No. C61383 Engineer of Work County of San Bernardino State of California B-4 ■ I Harris & Associates ■ Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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 ____________, 2022. Teresa 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 ____________, 2022. Teresa Takaoka, City Clerk, City of Rancho Palos Verdes Los Angeles County, California By ____________________________ B-5 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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 B I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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 2022-23. 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 maximum 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 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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 2022-23 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 or City owned easements, 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, trees, 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 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. B-8 B I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 4 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 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 5 PART III – COST ESTIMATE The estimated cost of the street and sidewalk improvements for Fiscal Year 2022-23, 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)$29,125 5 $1,284,756 ESTIMATED REVENUES Maximum Assessment Levy $332,864 Actual Assessment Levy $0 Ad Valorem Taxes, less delinquencies $647,046 Interest Earnings $200 5 $14,000 Contributions from Other Sources $893,790 Total Funds Available $923,115 $1,945,802 ESTIMATED EXPENDITURES Street Landscaping Major Thoroughfare Medians $406,600 1 Median Utilities $1,000 4 Special Benefit Median Maintenance Rue Beaupre (Zone B)$535 4 Alta Vista (Zone E)$865 4 Ocean Terrace (Zone F)$1,039 4 Abalone Cove Shoreline Park Maintenance $72,000 2 Backflow Inspections $3,500 2 California Coastal Trail Maintenance $12,932 6 Salvation Army Trail Maintenance $7,844 6 Weed Abatement $15,900 6 Street Tree Trimming $400,000 4 Street Lights Traffic Signals & Safety Lighting $0 $90,000 3 Street Lights $65,000 3 CIP - Street Light Redesign $125,000 3 Water / Utilities $220,000 3 Ocean Terrace (Zone F)$900 4 $923,115 $500,000 Administration and Overhead Anticipated Delinquencies (3%)$0 Administration and Overhead $0 $81,100 3 $0 $81,100 Total Expenditures $923,115 $581,100 ENDING FUND BALANCE (6/30)$0 $1,364,702 B-10 = I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 6 Cost Estimate Footnotes: 1. This item is budgeted within Fund 202, Program 3180, in the FY 2022-23 Proposed City Budget. 2. This item is budgeted within General Fund 101, Program 3151, in the FY 2022-23 Proposed City Budget. 3. This item is budgeted within Fund 211, Program 5304, in the FY 2022-23 Proposed City Budget. 4. This item is budgeted within Fund 221, Program 5201 and Fund 213, in the FY 2022-23 Proposed City Budget. 5. Zero revenue is estimated to be generated by District assessments for FY 2022-23. The 72 Act fund currently has a balance of $29,125 and interest earned of $200, so the remaining amount for maintenance, General Administration and Overhead is funded by contributions from General Fund 101 Program 3110, Gas Tax Fund 202 Program 3180, and Measure M funds. 6. This item is within General Fund 101, Program 3150, in the FY 2022-23 proposed City budget. A table showing how the budget is apportioned to each zone is provided on page 13. B-11 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 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.” Article XIII D of the California Constitution (“Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the Districts. The general enhancement of property value does not constitute a special benefit. 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. B-12 B I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 8 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. 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. B-13 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 9 · 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 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 2022-23 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. Currently the traffic signals, street and safety lights are being funded out of the 1911 Act in accordance with the permitted improvements to be funded under a 1911 Act. 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. B-14 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 10 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. 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. B-15 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 11 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 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. B-16 ■ I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 12 The distribution of EDUs per Zone is as follows: Land Use Dwelling Units Acres EDUs 0. Exempt 322 - - - - - - - - - - - - - - - 1. Single-Family Residential Parcels 13,057 13,057 - - - - - 13,057.000 2. Multi-Family Residential Parcels 1,792 3,124 - - - - - 2,343.000 3. Non-Residential Parcels 90 - - - - - 332.77 714.853 4. Utilities 14 - - - - - 21.67 64.794 5. Vacant Residential Parcels 127 - - - - - - - - - - 31.750 6. Vacant Non-Residential Parcels 23 - - - - - 183.96 112.291 7. Vacant Moratorium Parcels 128 - - - - - 613.24 74.404 TOTALS: 15,553 16,181 1,151.64 16,398.092 Parcels Zone EDU A 14,318.033 B 540.250 C 551.000 D 477.250 E 51.250 F 76.250 G 384.059 Total:16,398.092 B-17 = I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 13 The following page provides a table that shows the summary of the annual assessments for each of the Zones of Benefit. Citywide improvements (Zones A, B, C, D, E, F and G) Traffic Signals and Safety Lighting $0 Street Trees $400,000 Adminstrative Costs and Overhead $0 Reserves $0 Interest ($200) Beginning Fund Balance - 7/1 (positive)($29,125) Contributions from other Sources ($370,675) Subtotal: $0 Citywide improvements except Miraleste (Zones A, B, C, D, E, and F) Weed Abatement $15,900 Medians, Parkways & Trails $503,876 Contributions from other Sources ($519,776) Subtotal: $0 Rue Beaupre Medians (Zone B)$535 Alta Vista Medians (Zone E)$865 Ocean Terrace Medians and Lights (Zone F)$1,939 Contributions from other Sources ($3,339) Subtotal: $0 Total To Assessment: $0 BUDGET APPORTIONMENT TO ZONES B-18 = I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 14 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. For FY 2022-23 the City has determined not to levy the parcels for the potential assessment. 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 under the Landscaping and Lighting Act of 1972 for FY 2022-23. 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 $0 Total 2022-23 Assessment with Credit ($/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-19 = I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 15 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 2022-23 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-20 B I Harris & Associates Engineer’s Report Citywide Landscape and Lighting Maintenance District City of Rancho Palos Verdes Fiscal Year 2022-23 16 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. B-21 II I Harris & Associates C-1 xt Community South Bay presents 1al Food & ~everage Tasting Event. :ls support free programs for >atients and their loved ones. Hosted and Sponsored by •A S T BOTANIC GARD EN JULY 10, 2022. 3pm -7pm Early Bird Tickets*: $175 After June 1st: $195 Visit CelebrateWellness.org or call 310.376.3550 • Must be 21 + years of age to attend ·ou TO OUR SPONSORS f Los Angeles Supervisor Janice Hahn unter. I Walt Zipperman & Deborah Arnold .ittle Company of Mary Medical Center - San Pedro I City of Hope -South Bay idical Center I PDM Certified Public Accountants h Bay Surgeons I Malaga Bank I UCLA Health California Hematology Oncology Medical Group Bright Event Rentals I Foto Mirror US ,g I Donna H. Lee I General Security Service 1zine I Daily Breeze I The Beach Reporter Peninsula News I The Grunion Gazette f Reader I Peninsula Magazine :omrnunity· South Bay is a 501 (c)(3) nonprofit, 1 that is deqiiwted to providing free prograrns Its & child ren Impacted by.canc<ir. CANCER SUPPORJ' COMMUNITY I SOUTH BAY NOTICE OF PUBLIC HEARING CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2022-2023 ~OTICE IS· 11~£BY GIV EII 1~1 ,D poblft heot,i ng ,wijl ~e ~onduct~ forlhe Ro111ho Poloi Vcr4oi O~e lon\k:«1~119 and Ughllpg Mlllnltiior<• _ OillrlcJ on f~~Y, June'7, 2022 ol 7:00 PMl D! Fie~ H111sa Co~mUl)i!)' Pork, ~9$01 llawtho_rne Sovliivord. On May 17, 2022, .)hp ,~ly Co,uri<il ~dOP,1,ed ·~~lullllil l(o . 2?2J-i9 did~ri~g lls ln!4nllon nol 1~ l~:o' on~ colle11111Se51111,0Pls ~,lhl p IM G_~e l~~O~t)9 ond l)Qh11119 ~la• h~llle O~lfid I~ f!l<ol ,Ye!lrJWl•2.3 pllrwont to!~ L~ndiiop~ and ~Q~IIB Mlllntengrife All 0"1972, PO!l •~of Division l·S o! 1)w ~oli(ornla 5111111 ond Highwir/s (oJ!e opa opj!Olnjjrig.o lllfl~ol)II pl111e fo, ~01 ing obje1t1ow1her cto . A copy of Resolution 2022J9,foUIIV(J befow:. RESOLUTION NO. 2022-29 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 2022-23 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, CODIFIED AS PART 2 OF DIVISION 1 S OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, on Augusl 6, 1992, the Cily Council of the Cily of Rancho Palos Verdes formed on ossessmenl dislricl designated as the "Cilywide Landscaping and Lighling Mainlenance Dislricl" (lhe "Dislricl"J, pursuanl lo lhe provisions of lhe landscaping ond lighling Act of 1972, Porl 2 of Division 15 of the Slreels and Highways Code (commencing wilh Seclion 22500) (lhe "Acl"); and WHEREAS, ossessmenls were levied wilhin lhe Dislricl lo provide a dedicaled source of revenue for the purpose of financing the inslollolion, conslruction, and moinlenonce of c<1 lo in public projecls eligible under lhe Acl, including wilhoul limilolion lhe operolion, maintenance, and servicing of landscoping, including irrigalion syslems, and olher oppurlenonl focililies; and WHEREAS, lhe assessmenl levied by lhe Dislricl hos nol been increased on any dale on or oher July l, 1997; and WHEREAS, pursuonl lo lhe provisions of lhe Acl, lhe City Council inilioled proceedings by directing lhe Engineer, Horris & Associates, In<. lo prepare and lil a o writte n repo rl in accordance wilh Arlicle 4 (commencing wilh Seclion 225651 of Chopler l of lhe Act; and WHEREAS, ino«orilo nro.wilh Arlicle 4 of Chapter l of lhe Ad, lhe Engineer prepared ond filed such repOfl (lhe "Engineer's Report") wilh lhe City Clerk on Moy 17, 2022. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section l The City Council hereby I l) approves lhe Engineer's Reporl; (2) finds thal lhe public interest and convenience requiremenls hove been mel; and (3) declares ils inlention lo sel lhe levy al zero againsl lhe ossessoble lols and parcels of property wilhin an exisling ossessmenl 'dislrict designoled "Citywide landscaping and lighling Moinlenonce Dislricl" (the "Dislricl") pursuonl lo the provisions of lhe Landscaping and Lighling Act ol l 972, Porl 2 of Division 15 of lhe Slreels and Highways Code (commencing wilh Section 22500) (lhe "All"), for the fiscal year commencing July l, 2022 and ending June 30, 2023, and will use olher ovoiloble funds lo pay necessary expenditures_ for improvemenls in Seclion 3 of lhis Resolulion during this liscol year. ' · Seclion 2. The boundaries of lhe Dislricl ore colerminous wilh the boundaries of the Cily ol Rancho Polos Verdes. Section 3. The proposed improvemenls ore briefly described as follows: The operolion, maintenance, and servicing of public slreels and sidewalks wilhin lhe Dislricl, including lhe operolion, moinlenonce, ond servicing of public lighling facilities, including safety lighling and lroffic sig- nals, landscaping, including trees, shrubs, gross, and olher ornomenlol vegelolion, and oppurtenanl facilities, including irrigolion systems, localed along public roadways, slreels and righls-of-woy wilhin lhe boundaries of lhe Cily. Moinlenonce meons the furnishing of services and materials for the ordinary and usual moinlenonce, operolion and servicing of lhe landscaping, public lighling facilities, and oppurtenonl fociliHes, including repair, removal, or replocemenl of all or porl of any of the landscaping, public lighling facilities, or oppu rlef1!1nl facililies; providing for lhe life, growlh, heollh, and beauty of lhe landscaping, including cullivolion, irrigation, !rimming, spraying, lerlil Wng, ond lrealing for disease or injury; lhe removal of lrimmings, rubbish, debris and other solid wosle; and the cleaning, sondblasling, and painling of walls and other improvemenls lo remove or cover grolfili. Servicing means lhe furnishing of water for irrigolion of lhe landscaping and the moinlenonce of any of lhe public lighling facilities or oppurtenonl facilities and lhe furnishing of electric currenl or energy, gos or olher illuminoling agent for lhe public lighling facililies, or for the lighling or operation ol londscoping or oppurlenont facilities , Sellion 4. Reference is mode to lhe Engineer's Reporl on file in lhe Office of the City Clerk and open lo public inspeclion for o lull and deloiled descriplion of lhe improvemenls, lhe boundaries of the Districl and the zones therein, and lhe proposed ossessmenls upon assessable lols and parcels of land wilhin lhe Dislrict. The Office of lhe City Clerk is locoled at 30940 Howlhorne Boulevard, Rancho Polos Verdes, California 90275. Section 5. The Cily Council hereby approves lhe Engineer's Reporl as submil!ed and declares ils inlenl lo apply S581, l 00 of the 191 l All lighling Maintenance Oislricl Fund balance to lhe costs and expenses of operoling, moinloining, and servicing lroffic signals and safety lighling and to apply S923, 115 from other funding sources to cover lhe cosls of landscape moinlenonce . Such opplicalion of lhe Fund Balance or from olher funding sources is lemporory and may be disconlinued in any subsequent fiscal year. In such event, ossessmenl may be opporlioned to each assessable lot or parcel in the District in on omounl not in excess of lhe ossessmenl rotes esloblished Augusl 6, 1992. The City Council ~ereby finds and delermines lhal lhe foregoing opplicolion of the Fund Balance and other available funds will be just ond equiloble and in the public inleresl. Seclion 6. Nolice is hereby given lhol ihe City Council designates June 7, 2022, ol 7:00 p.m., in lhe City Council Chambers, John C. Mcloggorl Memorial Holl, al the Hesse Park Community Center, 29301 Howlhorne Boulevard, Rancho Polos Verdes, California, as lhe dole, lime, and place for the hearing of prolesls or objeclions to the levy of lhe proposed ossessmenls in connection wilh lhe Dislricl. All interesled persons shall be afforded lhe oppmtunily lo hear and be heord. The City Council shall consider all oral slolemenls and all written prole~s or communicolions mode or filed by any interesled person. Prior lo the conclusion of lhe hearing, any inleresled person may file a written protest wilh lhe City Clerk or, having previously filed o protesl, may file o written wilhdrowol of 1h01 prolesl. A wrillen prolest shall state all grounds of objection. A prolesl by o properly owner shall conloin o description sufficient to idenlily lhe property owned by lhe signer. Written prolesls may be delivered in person to lhe Cily Clerk or may be moiled lo lhe Cily Clerk ol Cily Holl, 30940 Howlhorne Boulevard, Rancho Polos Verdes, California 90275. Any written protest thol is moiled musl be received al Cily Holl al or prior to 4:30 p.m. on June 7, 2022 . Section 7. The City Clerk shall give nolice of the aforesaid dole, lime, and place of the hearing in o«ordance wilh law. Seclion 8. The City Clerk shall certify lo lhe passage and odoplion of lhis Resolulion and the minu res of tt,is,meeling-shoU roned lhn preientatiort of lhe Engineer's Report. PASSED, APPROVED, AND ADOPTED lhis 171h day of Moy 2022. , /s/ Dovid L. Bradley ATTEST: /s/ Teresa Takaoka Gly Clerk Slale al California County of Los Angeles Mayor ) ) 11 City of Rancho Polos Verdes I, TERESA TAKAOKA, Cily Clerk of lhe City of Roncho Polos Verdes, hereby certify tho! lhe obove Resolulion No. 2022-29 was duly and regularly passed and odopled by the said City Council al a regular meeling thereof held on Moy 17, 2022. /s/ Teresa Takaoka City Clerk Doled: Moy 17, 2022 • I ,, 0 0 , (\ SL--k"'-{\\ i. £,U s ~J / d--(f / ;)-0 dd- RESOLUTION NO. 2022-29 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 2022-23 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, 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 May 17, 2022. 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, 2022 and ending June 30, 2023, and will use other available funds to pay necessary expenditures for improvements in Section 3 of this Resolution during this fiscal year. D-1 Resolution No. 2022-29 Page 2 of 3 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 $581,100 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 $923,115 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 established August 6, 1992. 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 June 7, 2022, 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 D-2 Resolution No. 2022-29 Page 3 of 3 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 June 7, 2022. 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 17th day of May 2022. _______________________ David L. Bradley, Mayor ATTEST: Teresa Takaoka, 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. 2022-29 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 17, 2022. ________________________ City Clerk ______________________ D-3