CC RES 2004-038RESOLUTION NO. 2004-38
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 2004 -2005 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 and 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, 2004 and ending June 30, 2005, 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 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 4. The assessments to be levied and collected against the assessable lots and
parcels of property within the District for fiscal year 2004 -2005 are not proposed to increase
from the assessments levied and collected for fiscal year 2003 -2004.
Section 5. By previous resolution, the City Council ordered the Engineer, Harris &
Associates, to prepare and 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 entitled "Engineer's
Report for Citywide Landscaping and Lighting Maintenance District, Fiscal Year 2004 - 2005"
(the "Engineer's Report ") and by previous resolution the City Council approved the
Engineer's Report as filed.
Section 6. Reference is hereby 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. 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 8. Notice is hereby given that the City Council appoints June 15, 2004 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 thereof. 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 which is mailed must be received at City Hall
at or prior to 4:30 p.m. on June 15, 2004.
Section 9. The City Clerk shall give notice of the aforesaid date, time and place of
hearing in accordance with law.
PASSED, APPROVED AND ADOPTED this 5th day of
ttest:
ity Clerk
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2004 -38 was duly and regularly passed and ad ted by the said City
Council at a regular meeting thereof held on May 4, 2004.E
City Clerk
Resolution No. 2004 -38
Page 2 of 2