TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: JUNE 20, 2006

SUBJECT: CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT

Staff Coordinator: Judy A. Huey, Senior Administrative Analyst

RECOMMENDATION

1. Conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2006-07 and the Engineer's Report prepared in connection therewith.

2. Adopt Resolution No. 2006-____, a Resolution of the City Council of the City of Rancho Palos Verdes making certain findings and confirming a diagram and assessment for the 2006-07 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.

EXECUTIVE SUMMARY

1. The Landscaping and Lighting Maintenance District has been in existence since 1992.

2. The revenues from the assessments that are levied annually are used to help pay for the maintenance of traffic signals, safety lighting, street trees, median and parkway landscaping, and weed abatement within the public rights of way in the City.

3. The Engineer’s Report for fiscal year 2006-07, as filed, proposes the same assessment rates per Equivalent Dwelling Unit (EDU) as has been levied
last fiscal year 2005-06.

4. As of the date of this staff report, no protests concerning the assessments have been received for this year. No protests have been received for the past six years.

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 (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 16, 2006 the City Council, by resolution, approved the fiscal year 2006-07 Engineer's Report, which establishes assessments and set this evening's public hearing on the proposed levy of assessments for fiscal year 2006-07.

ANALYSIS

The estimate of total District expense for fiscal year 2006-07 is $505,061. The
proposed total assessment is $254,259. Accumulated reserves of $105,907 and $141,295 of general funds will be used to cover district expenditures in excess of the annual assessment. In addition, as directed by the City Council at the June 21, 2005 Public Hearing, $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 approved 2006-07 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 2006-07 assessments for a single family parcel range from $3.77 to $ 41.33. For all parcels citywide the fiscal year 2006-07 assessment is equal to the fiscal year 2005-06 assessment.

CONCLUSION

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 $3.77 and $41.33. The majority of single-family households will be assessed $15.92 for fiscal year 2006-07.

FISCAL IMPACT

By adopting the staff recommendation, Council will be approving total assessments of
$254,259 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.

Respectfully submitted,

Raymond Holland
Interim Director of Public Works

Reviewed,

Les Evans
City Manager

Attachments: Resolution 2006-
Engineer’s Report

RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2006-2007 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, 2006 and ending June 30, 2007, and ordered Harris & Associates (the “Assessment Engineer”) to prepare and file a written report in accordance with Article 4 of Chapter 1 of the Act (the “Engineer’s Report”). The City Council, by prior resolution, approved such Engineer’s Report.

Section 2. The City Council hereby applies $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 3. 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 2006-07 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 4. Based upon its review of the Engineer’s Report 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 2006-07 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 5. The City Council declares that the diagram and assessment in the Engineer’s Report are hereby confirmed as filed.

Section 6. The City Council hereby orders the improvements described in the Engineer’s Report to be made.

Section 7. 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 8. The assessment is levied without regard to property valuation.

Section 9. 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 10. 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 2006-07.

Section 11. The improvements described in the Engineer’s Report shall be performed pursuant to law.

Section 12. 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 13. 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 14. 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, 2006 and ending June 30, 2007.

Section 15. 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 16. 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 _____ day of ______, 2006.

__________________________
Mayor
ATTEST:

___________________________
City Clerk

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

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 20, 2006.

 

__________________________________
City Clerk