CC RES 2010-053 RESOLUTION NO. 2010-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES MAKING CERTAIN FINDINGS AND CONFIRMING
A DIAGRAM AND ASSESSMENT FOR THE 2010-2011 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, 2010 and ending June 30, 2011, 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 $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
determines to maintain 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 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 2010-11 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
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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 2010-11
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 2010-11.
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.
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Resolution No. 2010-53
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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, 2010 and ending June 30, 2011.
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 15th day of June, 2010.
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ATTEST:
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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. 2010-53 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on June 15,
2010.
6jr_&C--7h6,114,8_„4
City Clerk
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Resolution No. 2010-53
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