CC RES 2010-035 RESOLUTION NO. 2010-35
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 2010-2011 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, 2010, and ending June 30, 2011, 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.
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Section 4. The assessments to be levied and collected against the
assessable lots and parcels of property within the District for fiscal year 2010-
2011 are not proposed to increase from the assessments levied and collected for
fiscal year 2009-2010.
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 2010-2011" (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 $104,100
of the 1911 Act Lighting Maintenance District Fund balance to the costs and
expenses of operating, maintaining and servicing traffic signals and safety
lighting, and to maintain the 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 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
15, 2010, 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
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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 15, 2010.
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 18th day of May, 2010.
Mayor
ATTEST:
r A L'
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2010-35 was duly and regularly passed and
adopted by the said City Council at regular meeting thereof held on May 18,
2010.
4/6 fr
City Clerk
Resolution No. 2010-35
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