CC RES 2007-043 RESOLUTION NO. 2007-43
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 2007-2008 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, 2007, and ending
June 30, 2008, 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.
Section 4. The assessments to be levied and collected against the assessable
lots and parcels of property within the District for fiscal year 2007-2008 are not
proposed to increase from the assessments levied and collected for fiscal year 2006-
2007.
Section 5. By previous resolution, the City Council directed the Engineer, Harris
&Associates, to prepare and to file an Engineers 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 2007-2008" (the "Engineer's Report") and by previous resolution the City
Council approved the Engineers 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 $74,500 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 5, 2007,
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 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 5, 2007.
Resolution No. 2007-43
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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 1st day • M. 117.
Mayor
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. 2007-43 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on May 1, 2007.
'7 (-
City Clerk
Resolution No. 2007-43
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