CC RES 2008-033 RESOLUTION NO. 2008-33
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 2008-2009 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, 2008, and ending June 30, 2009, 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, 2008, and ending June 30, 2009, 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 $76,800 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.
PASSED, APPROVED AND ADOPTED this 20th day o May, 2008.
&O.
May
ATTEST:
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. 2008-33 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on May 20, 2008.
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(7)/
City Clerk
Resolution No. 2008-33
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