Rancho Palos Verdes City Council
   

MAY 16, 2006 CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT MAY 16, 2006 CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
MAY 16, 2006 CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT



TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: MAY 16, 2006

SUBJECT: CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT

Attachment: ENGINEER'S REPORT -PDF

Staff Coordinator: Judy Huey, Senior Administrative Analyst

RECOMMENDATION

  1. Adopt Resolution No. 2006-____, initiating proceedings for the levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2006-2007 and ordering the engineer to prepare a report in connection therewith.
  2. Adopt Resolution No. 2006-____, 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 2006-2007.
  3. Adopt Resolution No. 2006-____, declaring the City Council’s intention to levy and collect assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2006-2007 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 2006-2007 (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 2006-2007.

There are no increases in the assessments proposed for fiscal year 2006-2007. 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 2006-____ sets the Public Hearing date for June 20, 2006.

ANALYSIS

For fiscal year 2006-2007 the total estimate of Citywide District expenses, including Overhead and Administration, is $505,061. The proposed assessment of $254,259 will fund approximately half of these expenditures. Accumulated reserves of $105,907 and $141,295 of general funds will be used to cover district expenditures in excess of the annual assessment. The $141,295 City contribution to cover expenditures is part of the $597,000 transfer of general funds to the Street Maintenance fund in the proposed fiscal year 2006-2007 budget. In addition, as directed by the City Council on June 21, 2005, $72,200 of the 1911 Act ad valorem property tax fund balance will be used to pay for the cost of maintaining Citywide traffic signals and safety lighting.

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 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 $3.77 to $41.33, and most parcels will receive an assessment of $15.92 for fiscal year 2006-2007. In all seven

zones within the City the proposed assessments for fiscal year 2006-2007 are the same as the assessments levied in fiscal year 2005-2006.

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 $3.77 to $41.33 for fiscal year 2006-2007. In all seven zones throughout the City, the proposed assessments for fiscal year 2006-2007 are the same as the assessments levied in fiscal year 2005-2006.

Respectfully submitted,

Raymond Holland

Interim Director of Public Works

Reviewed,

Les Evans

City Manager

Attachments:

Engineer’s Report for FY 2006-2007

Resolutions 2006-__, 2006-__, 2006-__

RESOLUTION NO. 2006______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2006-2007 AND ORDERING THE PREPARATION OF AN ENGINEER*S REPORT 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 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*), the City Council of the City of Rancho Palos Verdes desires to initiate proceedings for the levy and collection of assessments against the assessable lots and parcels of property within an existing assessment district designated "Citywide Landscaping and Lighting Maintenance District" (the "District") for the fiscal year commencing July 1, 2006, and ending June 30, 2007, 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 to 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. 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 cover any costs and expenses of the improvements.

Section 5. The City Council designates Harris & Associates as the engineer for the purposes of these assessment proceedings (the "Engineer").

Section 6. The City Council authorizes and directs the Engineer to prepare and to file with the City Clerk a report for the District for the fiscal year commencing July 1, 2006, and ending June 30, 2007, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act.

Section 7. The City Council hereby declares its intent to apply $72,200 of the 1911 Act Lighting Maintenance District Fund balance to the costs and expenses of operating, maintaining and servicing traffic signals and safety lighting, resulting in a credit of $4.46 per EDU against the assessment rate for each assessable lot or parcel in the District. Such application of the fund balance is temporary and may be discontinued in any subsequent fiscal year. In such event, the net total assessment for the costs and expenses of operating, maintaining and servicing all the improvements may be restored to an amount not in excess of the fiscal year 2004-05 level ($328,163) and the credit of $4.46 per EDU may be discontinued with the assessments apportioned to each assessable lot or parcel in the District restored to amounts not in excess of the assessment rates for fiscal year 2004-05. The City Council hereby finds and determines that the foregoing application of the fund balance will be just and equitable and in the public interest.

PASSED, APPROVED AND ADOPTED this ____ day of _______, 2006.

__________________________

Mayor

ATTEST:

___________________________

City Clerk

State of California )

County of Los Angeles )ss

City of Rancho Palos Verdes )

I, CAROLYN PETRU, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. _______ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on ______________ ___, 2006.

________________________________

City Clerk

City of Rancho Palos Verdes

RESOLUTION NO. 2006- _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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 2006-2007

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The City Council of the City of Rancho Palos Verdes, 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"), previously initiated proceedings by resolution for the levy and collection of assessments against the assessable lots and parcels of land in the Citywide Landscaping and Lighting Maintenance District (the "District") for fiscal year 2006-2007 and directed the Engineer, Harris & Associates, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act.

Section 2.In accordance with Article 4 of Chapter 1 of the Act, the Engineer has prepared and filed such report (the "Engineer*s Report") with the City Clerk, and the City Clerk has presented the Engineer*s Report to the City Council.

Section 3.The Engineer*s Report described above in Section 2 has been considered by the City Council, and the Engineer*s Report is approved as filed.

Section 4. 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 ___ day of _____, 2006.

____________________________

Mayor

ATTEST:

___________________________

City Clerk

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, CAROLYN PETRU, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. _______ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on _____________ ___, 2006.

________________________________

City Clerk

City of Rancho Palos Verdes

RESOLUTION NO. 2006 ______

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 2006-2007 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 of and to 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, 2006, and ending June 30, 2007, 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 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 2006-2007 are not proposed to increase from the assessments levied and collected for fiscal year 2005-2006.

Section 5. By previous resolution, the City Council directed the Engineer, Harris & Associates, to prepare and to 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 that is titled "Engineer*s Report for Citywide Landscaping and Lighting Maintenance District, Fiscal Year 2006-2007" (the "Engineer*s Report") and by previous resolution the City Council approved the Engineer*s Report as filed.

Section 6. 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 7. The City Council hereby declares its intent to apply $72,200 of the 1911 Act Lighting Maintenance District Fund balance to the costs and expenses of operating, maintaining and servicing traffic signals and safety lighting, resulting in a credit of $4.46 per EDU against the assessment rate for each assessable lot or parcel in the District. Such application of the fund balance is temporary and may be discontinued in any subsequent fiscal year. In such event, the net total assessment for the costs and expenses of operating, maintaining and servicing all the improvements may be restored to an amount not in excess of the fiscal year 2004-05 level ($328,163) and the credit of $4.46 per EDU may be discontinued with the assessments apportioned to each assessable lot or parcel in the District restored to amounts not in excess of the assessment rates for fiscal year 2004-05. The City Council hereby finds and determines that the foregoing application of the fund balance 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.

Section 9. Notice is hereby given that the City Council designates June 20, 2006, 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. 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 20, 2006.

Section 10. The City Clerk shall give notice of the aforesaid date, time and place of hearing in accordance with law.

PASSED, APPROVED AND ADOPTED this ___ day of _______, 2006.

__________________________

Mayor

ATTEST:

___________________________

City Clerk

State of California )

County of Los Angeles )ss

City of Rancho Palos Verdes )

I, CAROLYN PETRU, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. - _______ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on ____________ ___, 2006.

________________________________

City Clerk

City of Rancho Palos Verdes