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CC RES 1994-038RESOLUTION NO. 94 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1994 -95 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 declares its intention to 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, 1994 and ending June 30, 1995, to pay for the costs and expenses of the improvements described in Section 3 below. Section 2. The boundaries of the District are coterminous with the boundaries of the City of Rancho Palos Verdes. Section 3. The existing improvements are briefly described as follows: The operation, maintenance and servicing of landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems; the operation, maintenance and servicing of public lighting facilities, including safety lighting and traffic signals, and appurtenant facilities; and the operation, maintenance and servicing of park and recreational improvements, including lights, athletic fields, playgrounds, playground equipment, public restrooms, park furniture, site amenities and appurtenant facilities. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities, park and recreational facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities, park and recreational 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, park and recreational 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, park and recreational facilities or appurtenant facilities. Substantial changes to the existing improvements to be provided beginning in fiscal year 1994 -95 include the trimming of an increased number of street trees located throughout the City. Section 4. By previous resolution, the City Council ordered the Engineer, BSI Consultants, Inc., 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 1994 -95" (the "Engineer's Report ") and by previous resolution the City Council approved the Engineer's Report as filed. Section 5. 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 90274. Section 6. 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 7. Notice is hereby given that the City Council appoints Wednesday, June 8, 1994 at 7:00 P.M. in the Council Chambers, Hesse Park Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, California, as the 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 90274. Any written protest which is mailed must be received at City Hall at or prior to 4:30 p.m. on June 8, 1994. Section 8. The City Clerk shall give notice of the aforesaid date, time and place of hearing in accordance with law. 2 RESOL. NO. 94 -38 PASSED, APPROVED AND ADOPTED this 17th day of May, 1994. ATTEST:/ � Mayor CXI:y Clerk S 'fate of California ) County of Los Angeles )-SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 94 -38 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 17 , 1994. i City Cie City of ncho Palos Verdes 3 Resolution 94 -38