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CC RES 1992-074RESOLUTION NO. 92 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO ORDER THE FORMATION OF A CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT, THE CONSOLIDATION OF SUCH DISTRICT WITH LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 1 AND LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO, 2 AND THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE PROVISIONS OF 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 has previously formed Landscape and Open Space Maintenance District No. 1 and Landscape and Open Space Maintenance District No. 2 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code (the "Act "). Landscape and Open Space Maintenance District No. 1 is comprised of the area within Tract Map No. 32673, as more particularly described in Exhibit B on file in the office of the City Clerk of the City of Rancho Palos Verdes and incorporated herein by reference. Landscape and Open Space Maintenance District No. 2 is comprised of the area within Tract Map No. 31617, as more particularly described in Exhibit B on f ile in the office of the City Clerk and incorporated herein by reference. Section 2. The City Council, by its Resolution No. 92 -72, initiated proceedings pursuant to the provisions of the Act for the formation of a Citywide landscaping and lighting maintenance district and the consolidation of such district with Landscape and Open Space Maintenance District No. 1 and Landscape and Open Space Maintenance District No. 2. Section 3, The City Council hereby declares its intention to order the formation of a Citywide landscaping and lighting maintenance district pursuant to the provisions of the Act, to consolidate such district with Landscape and Open Space Maintenance District No. 1 and Landscape and Open Space Maintenance District No. 2, and to levy and collect assessments for the fiscal year commencing July 1, 1992 and ending June 30, 1993 to pay for the costs and expenses of the improvements described in Section 5 below. Section 4. Following formation of the Citywide assessment district and the consolidation of such district with the above - described landscape and open space maintenance districts, the resulting single assessment district shall be designated "Citywide Landscaping and Lighting Maintenance District" (the "District ") and the landscape and open space maintenance districts shall cease to exist as separate districts. The territory proposed to be included within the boundaries of the 920630 syc 1100351.A (2) District shall include all of the land included within the boundaries of the City. Section 5. The proposed 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 and drainage devices; the operation, maintenance and servicing of public lighting facilities, including 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 recreation facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities, park and recreation 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; and the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities, park and recreation 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 6. The City Council previously adopted its Resolution No. 92 -72 ordering the preparation and filing of an Engineer's Report pursuant to the provisions of the Act. The City Council previously adopted its Resolution No. 92 -73 approving said report, on file in the office of the City Clerk and reference is hereby made to such report for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. In addition, reference is hereby made to such report for a description of the boundaries of Landscape and Open Space Maintenance District No. 1 and Landscape and Open Space Maintenance District No, 2. 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, The City Council hereby gives notice that on August 4, 1992 at 7:00 P.M. in the Council Chambers, Hesse Park 920630 syc 1100351.A (2) — 2 — Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, California, a hearing by the City Council will be held on the formation of the District, the consolidation of Landscape and Open Space Maintenance District No. 1 and Landscape and Open Space Maintenance District No. 2 with the District, and the levy and collection of the proposed assessment against lots and parcels of land within the District. Any interested person who wishes to object to such formation, consolidation or levy and collection or the proposed assessment may file a written protest with the City Clerk prior to the conclusion of the public hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection, and a protest by a property owner shall contain a description sufficient to identify the property owned by the property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Anyone challenging the assessment in court may be limited to raising only the issues raised by that person or someone else at the public hearing described in this Resolution, or in written correspondence delivered to the City Council at or prior to the public hearing. Section 9. The City Clerk shall give notice of the aforesaid date, time and place of hearing pursuant to the provisions of the Act. PASSED, APPROVED AND ADOPTED this 7 day of July, 1992. MAY ATT�1ST : CITM CLERK State 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. 92 -74 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 7, 240 City Cle City of ncho Palos Verdes RESOL. NO. 92 -74 920630 syc 1100351.A (2) — 3 —