Rancho Palos Verdes City Council
   

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: MAY 20, 2003

SUBJECT: CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT

Staff Coordinator: Judy Huey, Senior Administrative Analyst

RECOMMENDATION

  1. Adopt Resolution No. 2003-____, initiating proceedings for the levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2003-2004 and ordering the engineer to prepare a report in connection therewith.
  2. Adopt Resolution No. 2003-____, approving the engineer’s report in connection with the levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2003-2004.
  3. Adopt Resolution No. 2003-____, declaring the City Council’s intention to levy and collect assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2003-2004 and setting a time and place for hearing objections thereto.

BACKGROUND

In 1992, the City Council formed an assessment district designated "Citywide Landscaping and Lighting Maintenance District" (the "Citywide District") pursuant to the Landscaping and Lighting Act of 1972 (the "1972 Act"). The purpose of forming the district was to insure adequate funding for the on-going operation, maintenance and servicing of median landscaping, street trees, street lighting and traffic signals within the boundaries of the City of Rancho Palos Verdes. The Citywide District includes all of the assessable parcels in the City.

The district is funded through assessments on properties citywide. Each parcel is assessed an amount, which is based on the benefit the parcel receives from district operation. The City assures a fair and equitable sharing of district 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.

The 1972 Act requires that proceedings be undertaken on an annual basis for any year during which assessments will be levied and collected. The 1972 Act also requires preparation of an engineer’s report in connection with the annual levy of assessments. The City Council may approve the report as filed, or it may modify the report and approve it as modified. After approval of the report, the City Council may adopt a Resolution of Intention, which sets a public hearing on the proposed levy of assessments for the ensuing fiscal year.

The district engineer, Harris & Associates, reviewed the proposed district budget, and filed with the City Clerk an engineer’s report which includes:

  1. An estimate of the costs of operation, maintenance and servicing for fiscal year 2003-2004 (including incidental expenses).
  2. A diagram for the assessment district.
  3. An assessment of the estimated costs of operation, maintenance and servicing for fiscal year 2003-2004.

There are no increases in the assessments proposed for fiscal year 2003-2004. The City may provide notice of the pubic hearing by publishing a Resolution of Intention one time at least 10 days prior to the date of the hearing. Resolution 2003-____ sets the Public Hearing date for June 1, 2003.

ANALYSIS

For fiscal year 2003-2004 the estimate of total District expense, including Overhead and Administration, is $436,654. The total proposed assessment of $327,876 will fund most of these expenditures. Approximately $101,978 of accumulated reserves and $6,800 of General funds will be used to cover district expenditures in excess of the annual assessment.

The engineer’s report classified areas within the City into various zones which, by reason of variations in the nature, location and extent of the proposed maintenance activities and improvements, receive differing degrees of benefit from the operation of the district. Depending on which zone a parcel is in, the proposed assessment for a parcel with a single family home ranges from $8.23 to $45.79, and most parcels will receive an assessment of approximately $20.00 for fiscal year 2003-2004. In all seven zones within the City the proposed assessments for fiscal year 2003-2004 are the same as the assessments levied in fiscal year 2002-2003.

CONCLUSION

In order to levy assessments the Landscaping and Lighting Act of 1972 requires the City Council to approve an engineer’s report and conduct a public hearing. Adopting staff recommendations will approve the engineer’s report and establish a date for the public hearing.

ALTERNATIVE ACTION

Direct staff to modify the engineer’s report and bring this matter back to Council.

FISCAL IMPACT

The full cost of this program is borne by the property owners within the Citywide District. Depending on which zone a parcel is in, the proposed assessment for a parcel with a single family home ranges from $8.23 to $45.79 for fiscal year 2003-2004. In all seven zones throughout the City, the proposed assessments for fiscal year 2003-2004 are the same as the assessments levied in fiscal year 2002-2003.

Respectfully submitted,
Dean E. Allison
Director of Public Works

Reviewed,
Les Evans
City Manager

Attachments:

Engineer’s Report for FY 2003-2004

Resolutions 2003-__, 2003-__, 2003-__

RESOLUTION NO. 2003-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2003-2004 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.

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) finds that the public interest and convenience requires and (2) declares its intention to order the levy and collect assessments 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, 2003 and ending June 30, 2004, to pay for the costs and expenses of the improvements described below 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 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 landscaping or appurtenant facilities.

Section 4. The assessments to be levied and collected against the assessable lots and parcels of property within the District for fiscal year 2003-2004 are not proposed to increase from the assessments levied and collected for fiscal year 2002-2003.

Section 5. By previous resolution, the City Council ordered the Engineer, Harris & Associates, to prepare and file an engineer’s report pursuant to the provisions of the Act. The Engineer has prepared and filed a written report with the City Clerk entitled "Engineer’s Report for Citywide Landscaping and Lighting Maintenance District, Fiscal Year 2003-2004" (the "Engineer’s Report") and by previous resolution the City Council approved the Engineer’s Report as filed.

Section 6. Reference is hereby 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 7. Public property owned by any public agency and in use in the performance of a public function which is included within the boundaries of the District shall not be subject to assessment to be made under these proceedings to pay for any of the costs and expenses of the improvements.

Section 8. Notice is hereby given that the City Council appoints July 1, 2003 at 7:00 p.m. in the Council Chambers, 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 thereof. 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 which is mailed must be received at City Hall at or prior to 4:30 p.m. on July 1, 2003.

Section 9. The City Clerk shall give notice of the aforesaid date, time and place of hearing in accordance with law.

PASSED, APPROVED AND ADOPTED this 20th day of May, 2003.

Mayor

ATTEST:

City Clerk

State of California )
County of Los Angeles )
City of Rancho Palos Verdes )

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2003- _______ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 20, 2003.

City Clerk

City of Rancho Palos Verdes

Resolution No. 2003-_________

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