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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PUBLIC WORKS
DATE: JUNE 15, 2004
SUBJECT: CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
Staff Coordinator: Judy A. Huey, Senior Administrative Analyst
1. Conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2004-05 and the Engineer's Report prepared in connection therewith.
2. Adopt Resolution No. 2004-____, a Resolution of the City Council of the City of Rancho Palos Verdes confirming a diagram and assessment for the 2004-05 fiscal year in connection with the Citywide Landscaping and Lighting Maintenance District pursuant to the Landscaping and Lighting Maintenance Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code.
1. The Landscaping and Lighting Maintenance District has been in existence since 1992.
2. The revenues from the District help pay for maintenance of traffic signals and landscaping in the public rights of way.
3. The fiscal year 2004-05 proposed assessments are the same as they have been since fiscal year 1998-99.
4. No protests of the assessments have been received this year or for the past five years.
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 (Streets and Highways Code Section 22500, et seq.) (the "1972 Act"). Since 1992 the district has levied assessments to finance the operation, maintenance and servicing of landscaping, signal facilities, and appurtenant facilities. The Citywide District includes all of the assessable parcels in the City.
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 the preparation of an engineer's report in connection with the annual levy of assessments.
On May 4, 2004 the City Council, by resolution, approved the fiscal year 2004-05 Engineer's Report, which establishes assessments and set this evening's public hearing on the proposed levy of assessments for fiscal year 2004-05.
The estimate of total District expense for fiscal year 2004-05 is $451,764. The
proposed total assessment is $328,163. Approximately $107,600 of accumulated reserves and $16,000 of general funds will be used to cover district expenditures in excess of the annual assessment.
The approved 2004-05 Engineer's Report groups parcels in the City into various zones which receive differing degrees of benefit from the operation of the district as a result of variations in the nature, location and extent of the proposed maintenance activities and improvements. The proposed fiscal year 2004-05 assessments for a single family parcel range from $8.23 to $ 45.79. For all parcels citywide the fiscal year 2004-05 assessment is equal to the fiscal year 2003-04 assessment.
To levy assessments for district operation, the Landscaping and Lighting Act of
1972 requires the City Council to conduct a public hearing and adopt a resolution confirming the assessment. By adopting the staff recommendation Council will be assessing single family parcels between $8.23 and $45.79. The majority of single-family households will be assessed approximately $20.00 for fiscal year 2004-05.
By adopting the staff recommendation, Council will be approving total assessments of
$328,163 to fund the operation of the district for the maintenance of street landscaping, street trees, median landscaping, traffic signals, safety lighting, and district administrative expenses.
Director of Public Works
Attachments: Resolution 2004-
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2004-2005 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Pursuant to prior resolutions, the City Council of the City of Rancho Palos Verdes initiated proceedings and declared its intention to levy an assessment 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 California Streets and Highways Code (commencing with Section 22500) (the "Act") for the fiscal year commencing July 1, 2004 and ending June 30, 2005, and ordered the Engineer, Harris & Associates, to prepare and file a written report in accordance with Article 4 of Chapter 1 of the Act. The City Council, by prior resolution, approved such Engineer’s Report.
Section 2. Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Engineer’s Report and the levy and collection of the proposed assessment within the District for fiscal year 2004-05 to pay for the costs and expenses of the improvements described in the Engineer’s Report pursuant to the terms and provisions of the Act. All interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessment against lots or parcels of property within the District. The City Council considered all oral and written statements, protests and communications made or filed by interested persons.
Section 3. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information, the City Council hereby finds and determines that (i) the land within the District will be benefitted by the improvements described in the Engineer’s Report, (ii) the District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within the District for the 2004-05 fiscal year in accordance with the Engineer’s Report is apportioned by a formula and 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. Any and all oral and written protests and objections are hereby overruled by the City Council.
Section 4. The City Council declares that the diagram and assessment in the Engineer’s Report are hereby confirmed as filed.
Section 5. The City Council hereby orders the improvements described in the Engineer’s Report to be made.
Section 6. The assessment is in compliance with the provisions of the Act and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.
Section 7. The assessment is levied without regard to property valuation.
Section 8. 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 9. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the Engineer’s Report for fiscal year 2004-05.
Section 10. The improvements described in the Engineer’s Report shall be performed pursuant to law.
Section 11. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.
Section 12. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Improvement Fund, Citywide Landscaping and Lighting Maintenance District.
Section 13. The adoption of this Resolution constitutes the levy of an assessment against the lots and parcels of land in the District for the fiscal year commencing July 1, 2004 and ending June 30, 2005.
Section 14. The City Clerk is hereby authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment, with the County Auditor, together with a certified copy of this Resolution upon its adoption.
Section 15. A certified copy of the assessment and diagram shall be filed in the Department of Public Works, with a duplicate copy on file in the office of the City Clerk and open for public inspection.
PASSED, APPROVED AND ADOPTED this 15th day of June, 2004.
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. 2004- _______ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 15, 2004.