CC RES 1992-085RESOLUTION NO. 92 -85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ORDERING 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 AND
CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE
1992 -93 FISCAL YEAR IN CONNECTION WITH SUCH
CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT PURSUANT TO THE PROVISIONS OF 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. 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. Landscape
and Open Space Maintenance District No. 2 is comprised of the
area within Tract Map No. 31617.
Section 2.. Pursuant to the provisions of the Act, the
City Council of the City of Rancho Palos Verdes, by its
Resolution Nos. 92 -72 and 92 -74, initiated proceedings for and
declared its intention to order the formation of a Citywide
landscaping and lighting maintenance district designated as the
"Citywide Landscaping and Lighting Maintenance District" (the
"District ") , 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 an assessment against
lots and parcels of property within such District for the f fiscal
year commencing July 1, 1992 and ending June 30, 1993. The City
Council, by its Resolution No. 92 -72 ordered the Engineer to
prepare and file a written report in accordance with Article 4 of
Chapter 1 of the.Act and, by its Resolution No. 92 -73, approved
such Engineer's Report.
Section 3. Subsequent to the approval of the
Engineer's Report by the City Council, the Engineer has modified
the Engineer's Report. Such modifications have not changed the
total assessment for the estimated costs of the improvements or
the amounts of the individual assessments against lots and
parcels of land within the District, as shown on the assessment
roll on file in the office of the City Clerk.
Section 4. Following notice duly given b publication
and mail, the City ouncil has Y p •
Y its held a full and fair public
hearing regarding its Resolution No. 92 -74 the Engineer's
Report, as modified, the formation of the District the
consolidation of the District with Landscape and Open Space
p p p e
Maintenance District No, 1 and Landscape and Open Space
Maintenance District No. 2 and the levy and collection on of the .
proposed assessment within the District for fiscal year 1992 -93
expenses to pay for the costs and ex Y
p s of the improvements described
in Section 8 below, pursuant to the terms and r '
p ovisions of the
Act. All interested persons were afforded the opportunity
hear and be heard regarding .pp Y to
• g g protests and objections to the
formation of the-District, the consolidation of the '
District with
Landscape and Open Space Maintenance District No. 1 and
Landscape
and Open Space Maintenance District No. 2 and the levy
the proposed and
collection of p p d assessment against lots or parcels of
property within the District. The City Council considered
all
oral and written statements ' , protests and communications made or
filed by interested persons. Written protests have been n filed
and not withdrawn representing nting property owners owning less
than fifty percent of the area of assessable land within the
proposed District. All oral and written protests and objections
the C' ] tions
are hereby overruled b y City Council.
Section 5. Based upon its review of the Engineer's
Report, as modified, a co of which g
copy ch has been presented to the
City Council and which has been filed with the City lerk
other reports and information Y , and
, the City Council hereby finds and
determines that (i) the district of land within t •
be benefitted by he t he District will
improvements described in Section 8 below,
(ii) the District includes all of the lands so ben '
of fitted, and
(iii) the net amount to be assessed upon the lands within the
District for the 1992 -93 fiscal ear in accordance ante with the
Engineer's Report, described above is apportioned
and method which fairly p ned by a formula
rly distributes the net amount among all
assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the
improvements.
Section 6, The City Council hereby orders the
formation of the Citywide Landscaping and Lighting Mai
ntenance District,
Section 7, The City Council hereby orders the
consolidation of Landscape and Open Space Maintenance '
a p ance District
No. 1 and Landscape and Open Space Maintenance District No. 2
with the Citywide Landscaping and Lighting Maintenance '
The resulting single g. � • Hance District®
• g g assessment district is designated "Cit wide
Landscaping and sighting Maintenance District" Y
rict and Landscape and
Open Space Maintenance District No. 1 and Landscape and Open
Space Maintenance District No. 2 no longer exist as separate
districts.
2 Resol. No. 92 -85
Section 8. The City Council hereby orders the proposed
improvements to be made as described in the Engineer's Report, as
modified, which 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.
Section 9, The Engineer's Report, as modified, and now
on file in the office of the City Clerk, is hereby approved. The
City Council hereby confirms the diagram and assessment set forth
in such Engineer's Report.
Section 10. The assessment is in compliance with the
provisions of the Act.
Section 11. The assessment is levied without regard to
property valuation.
Section 12. 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 13. The assessment is levied for the purpose
of paying the costs and expenses of the improvements described in
Section 8 above for fiscal year 1992 -93.
Section 14. The improvements described in Section 8
above shall be performed pursuant to law and the County Auditor
of Los Angeles County shall enter on the County Assessment Roll
opposite each lot or parcel of land the amount of the assessment
and such assessments shall then be collected at the same time and
in the same manner as the County taxes are collected. After
collection. by the County, the net amount of the assessments shall
be paid to the City Treasurer. N
Section 15, The City Treasurer shall deposit all
moneys representing assessments collected by the County to the
credit of a special fund known as Improvement Fund, Citywide
Landscaping and Lighting Maintenance District.
Section 16,
constitutes the levy of
parcels of land in the
July 1, 1992 and ending
The adoption of this Resolution
an assessment against the lots and
District for the fiscal year commencing
June 30, 19934D
3 Resol. No. 92 -85
Section 17. The City Clerk is hereby authorized and
directed to file the diagram and assessment, or a certified copy
of the diagram and assessment, with the County Auditor, together
with a certified copy of this Resolution upon its adoption.
Section 18. A certified copy of the assessment and
diagram shall be filed in the Department of Public Works, with a
duplicate copy on file in the office of the City Clerk and open
for public inspection.
PASSED, APPROVED and ADOPTED this 4th day of August,
1992.
ATTEST:
: �• City 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 -85
was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on August 4, 1992.0
City€ Clerk, City of
Rancho Pal
4 Resol. No. 92 -85