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CC RES 2024-047 RESOLUTION NO. 2024-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2024-25 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 provide 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 01203 0006/995680.2 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, on July 18, 2023, 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 2023-24; and WHEREAS, on June 18, 2024, 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 2024-25; and WHEREAS, in accordance with Section 22624 of the Act, the City Council now desires to declare its intention to set the levy at zero for assessments within the District for Fiscal Year 2024-25; 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, 2024 and ending June 30, 2025. 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 01203 0006/995680 2I Resolution No 2024-47 Page 2 of 4 safety lighting and traffic signals, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located along public roadways, streets and rights-of-way within the boundaries of the City. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities, and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for irrigation,of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. Section 5. 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 7. 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 16th day of July 2024. WANS . John t kshank, Mayor ATTEST: QVt/ipa4k..task."_„_. eresa oka, City Clerk 01203 0006/995680 2 Resolution No. 2024-47 Page 3 of 4 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. 2024-47 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 16, 2024. -resa .kaoka, City Cler 01203 0006/995680 2 Resolution No 2024-47 Page 4 of 4