CC RES 2001-039 RESOLUTION NO. 2001-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING A DIAGRAM
AND ASSESSMENT FOR THE 2001-02 FISCAL YEAR
AND ORDERING THE IMPROVEMENTS IN CONNECTION
WITH THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT PURSUANT TO THE
PROVISIONS OF 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 lots and parcels of property within the Citywide Landscaping and
Lighting Maintenance District (the "District") pursuant to the provisions of the
Landscaping and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California
Streets and Highways Code, for the fiscal year commencing July 1, 2001 and ending
June 30, 2002, 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 2001-
02 to pay for the costs and expenses of the improvements described in Section 4
hereof 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 benefited by the improvements described in
Section 4 hereof and in such Engineer's Report, (ii) the District includes all of the lands
so benefited, and (iii) the net amount to be assessed upon the lands within the District
for the 2001-02 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 to the levy
and collection of the proposed assessment for fiscal year 2001-02 are hereby overruled
by the City Council.
Section 4. The City Council hereby orders the proposed improvements to
be made as described in the Engineer's Report, which 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 5. The City Council hereby confirms the diagram and assessment
set forth in the Engineer's Report as filed.
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 Section 4 hereof for fiscal year 2001-
02.
Section 10. The improvements described in Section 4 hereof shall be
performed pursuant to law. 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.
Resolution No. 2001-39
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Section 11. 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 12. 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, 2001 and ending June 30, 2002.
Section 13. 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 14. 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 May, 2001.
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ATTEST:
?-V City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2001-39 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on May 15, 2001.
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A ice
City Clerk
Resolution No. 2001-39
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