CC RES 1992-064RESOLUTION NO. 92 -64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 1992 -1993 WITHIN LANDSCAPE AND
OPEN SPACE MAINTENANCE DISTRICT NO. 2 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 found that
landscaping and lighting maintenance of certain areas within the
City is necessary to preserve the environment and aesthetic
beauty of the City and is in the public interest, and therefore,
pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the California Streets and High-
ways Code (the "Act "), has formed the landscaping maintenance
district described below in Section 3.
Section 2, The City Council hereby declares its
intention to levy and collect assessments pursuant to the Act
against lots and parcels of land within such district 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 4 below. The City Council finds that the public interest
requires such levy and collection.
Section 3. The landscaping maintenance district to
be benefitted by said improvements and to be assessed to pay the
costs and expenses thereof is known as "Landscape and Open Space
Maintenance District No. 2" (the "District ") and is comprised of
the area within Tract Map No. 31617, 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
this reference.
Section 4. The existing improvements may be briefly
described as follows: The operation, maintenance and servicing
of existing public lighting facilities and appurtenant facilities
and the operation, maintenance and servicing of existing
landscaping, including trees, shrubs, grass, or other ornamental
vegetation, and appurtenant facilities, including irrigation -
systems and drainage devices. Maintenance means the furnishing
of services and materials for the ordinary and usual maintenance,
operation and servicing of the public lighting facilities,
landscaping and appurtenant facilities, including repair, removal
or replacement of all or part of any of the public lighting
facilities, landscaping and 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 appurtenant facilities and the
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furnishing of electric current or energy, gas or other
illuminating agent for the public lighting facilities.
No new improvements or substantial changes to
existing improvements are proposed for the 1992 -93 fiscal year.
Section 5. The City Council previously adopted its'
Resolution No. 92 -41 ordering preparation and filing of an
Engineer's Report pursuant to the provisions of the Act. The
City Council previously adopted its Resolution No. 92 -63
approving said report, on file in the office of the City Clerk of
the City of Rancho Palos Verdes, and reference is hereby made to
said report for a full and detailed description of the
improvements, the boundaries of the District, and the proposed
assessments upon assessable lots and parcels of land within the
District.
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, The City Council hereby gives notice that
on August 4, 1992 at 7:00 P.M. in the Council Chambers, Hesse
Park Community Center, 29301 Hawthorne Boulevard, Rancho Palos
Verdes, California, a hearing by the City Council will be held on
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 the annual levy of assessments 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 8. The City Clerk shall give notice of the
aforesaid date, time and place of hearing pursuant to the
provisions of the Act.
Section 9, The City Council is concurrently
undertaking proceedings for the formation of a Citywide
Landscaping and Lighting Maintenance Assessment District pursuant
to the Act and the consolidation of such Citywide Landscaping and
Lighting Maintenance Assessment 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
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assessments against the lots and parcels of property in the
Citywide Landscaping and Lighting Maintenance Assessment District
to pay for the costs and expenses of the improvements described
in Section 5 of Resolution No. 92 -74. If such formation and
consolidation occur, the resulting Citywide Landscaping and
Lighting Maintenance Assessment District shall be designated
"Citywide Landscaping and Lighting Maintenance District." In
such case, Landscape and Open Space Maintenance District No. 1
and Landscape and Open Space Maintenance District No. 2 shall
cease to be separate districts and instead the lots and parcels
in Landscape and Open Space Maintenance District No. 2 shall be
included within Citywide Landscaping and Lighting Maintenance
District and be assessed under proceedings related to such
District. Reference is hereby made to Resolution Nos, 92 -72, 92-
73, and 92 -74, and to the Engineer's Report entitled "Engineer's
Report for Citywide Landscaping and Lighting Maintenance
District, City of Rancho Palos Verdes, Los Angeles County,
California," on file with the City Clerk and open for public
inspection, for a full and detailed description of the
improvements described in Section 5 of Resolution No. 92 -74, the
boundaries of the Citywide Landscaping and Lighting Maintenance
District and any zones therein, and the proposed assessments upon
assessable lots and parcels of land within such District.
PASSED, APPROVED AND ADOPTED this 7th day of July, 1992,
N
ATTEST: Ma or
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 -64 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held n Ju 7, 1992
Vt,e
City Jerk
City f Rancho Palos Verdes
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