CC RES 2005-145RESOLUTION NO. 2005 -145
A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO PALOS VERDES
DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS LOS
ANGELES COUNTY ASSESSOR'S PARCEL NUMBER 7573 - 004 -026, LOCATED AT
6359 TARRAGON ROAD, NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE
EMERGENCY CONSTRUCTION, REPAIR AND MAINTENANCE OF DRAINAGE
IMPROVEMENTS,
THE CITY OF RANCHO PALOS VERDES HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Rancho Palos Verdes is a municipal corporation in the
County of Los Angeles, State of California.
Section 2. The real property interests described in Section 3 of this Resolution
are to be taken for a public use, namely for an emergency drainage project ( "Proposed
Project "), and all uses necessary or convenient thereto pursuant to the authority
conferred upon the City of Rancho Palos Verdes to acquire property by eminent domain
by California Constitution Article 1, Section 19, California Government Code sections
37350, 37350.51 37351, 37353, 40401, 40404, and 54031 and California Code of Civil
Procedure section 1230.010, et seq., including, but not limited to sections 1240.010
through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and
other provisions of law.
Section 3. The real property interest sought to be taken is a fee simple interest
for the installation of emergency drainage improvements on the property identified as
land located at 6359 Tarragon Road, Rancho Palos Verdes, California, also identified
as Assessor's Parcel Number 7573 - 004 -026. The legal description of the Subject
Property Interest is attached as Exhibit "A" to this Resolution and the Subject Property
Interest is depicted on the diagram attached as Exhibit "B" to this Resolution. Said
Exhibits are incorporated herein by this reference. The Subject Property Interest is
required for the construction, repair and maintenance of the emergency drainage
improvements to the McCarrell Canyon, which is a public use.
Section 4. The acquisition of the Subject Property Interest is required to carry
out and make effective the principal purpose of the Proposed Project. A general
description of the Proposed Project is set forth in the Staff Report dated December 6,
2005, and the evidence, reports, and documents cited in that Staff Report are all
incorporated herein by this reference.
Section 5. In terms of the potential environmental impacts, Section 15269(c) of
the California Code of Regulations, the State CEQA Guidelines, provides that specific
actions necessary to prevent or mitigate an emergency are exempt from the
requirements of the California Environmental Quality Act ( "CEQA "). Staff has
determined that the Proposed Project is exempt from the requirements of CEQA
because the project is being undertaken as an emergency repair. A Notice of
Exemption has been filed for this drainage improvement project. The City Council
concurs with Staff's finding that the interim drainage improvement project and the
acquisition of the subject property as the location for that project are exempt from the
requirements of the California Environmental Quality Act pursuant to the provisions of
Section 15269(c) of the California Code of Regulations. This finding shall not apply to
any other drainage project which the City may construct on the subject property in the
future, which shall be evaluated in accordance with the requirements of CEQA.
Section 6. The real property interest sought to be acquired is currently being
used as a vacant land with an existing drainage improvement. The Proposed Project will
not unreasonably interfere with or impair the continuance of any existing public use or
as the public use may reasonably be expected to exist in the future as allowed pursuant
to Code of Civil Procedure Section 1240.510.
Section 7. The City Council of the City of Rancho Palos Verdes hereby finds
and determines that:
A. The public interest and necessity require the project because the City
seeks to acquire the Subject Property for a public purpose.
Specifically, the Subject Property is needed for the City to construct emergency
drainage improvements. The proposed improvements are the construction of two
debris racks and two gabion walls within the lower reaches of McCarrell- Canyon in
order to improve the efficiency and capacity of the storm drain that runs under Palos
Verdes Drive South and thereby prevent the flooding of the streets and private property
located downstream. The proposed Project requires the acquisition of the Subject
Property because the Subject Property is located at the mouth of McCarrell Canyon and
adjacent to the storm drain that conveys water from the Canyon underneath Palos
Verdes Drive South to the ocean. The public interest and necessity require the
proposed emergency improvements in order to prevent the flooding of Palos Verdes
Drive South and private properties downstream. The City seeks to implement the
previously described emergency improvements prior to the height of the rainy season.
B. The Project is Planned or Located in the Manner that will be Compatible
with the Greatest Public Good and Least Private Injury.
The Subject Property is necessary for the proposed emergency drainage project, as
planned and located, which consists of installing additional drainage improvements on
the Subject Property. The Subject Property, consisting of 50,700 square feet, borders
Palos Verdes Drive South at the mouth of McCarrell Canyon. The emergency project is
necessary in order to prevent debris from clogging the entrance to the storm drain so
that water will not flood onto Palos Verdes Drive South and private properties
downstream. Last year's and this years heavy rainfall caused debris to inundate the
existing drainage improvements on the Subject Property and clog the storm drain, which
caused damage to private property located between Palos Verdes Drive South and the
ocean. The Subject Property is necessary in order to install additional drainage
improvements, which will protect Palos Verdes Drive South and the other properties
Resolution No. 2005 -145
Page 2 of 4
downstream from flooding. The acquisition of the Subject Property is necessary to
allow the City to install these improvements prior to the height of the rainy season.
C. The Subject Property Interest Described in the Resolution of Necessity is
Necessary for the Project.
The proposed action consists of the acquisition of the fee simple interest in the
property located at 6359 Tarragon Road in the City of Rancho Palos Verdes, California,
identified as Los Angeles County Assessor's Parcel Number 7573 - 004 -026. As set
forth above, the Subject Property is necessary for the proposed Project, and the
emergency drainage improvements cannot be completed without the acquisition of the
Subject Property Interest.
D. The City Made the Offer Required by Government Code Section 7267.2 to
the Owner of Record of the Property It Seeks to Acquire.
Pursuant to Government Code Section 7262, et seq., the City obtained and
approved a fair market value appraisal of the Subject Property, set just compensation in
accordance with the approved appraisal, and extended a written offer, on October 11,
2005, to the owner of record of the Subject Property, Mr. Carmiel Cohen. A true and
correct copy of the offer letter is on file in the office of the Director of Public Works and
is incorporated in this Staff Report by this reference. The owner of the Subject Property
rejected the offer, and the parties have not reached a negotiated purchase at this time.
Section 8. The City has complied with the notice requirements of Code of Civil
Procedure Section 1245.235.
Section 9. The findings and declarations contained in this Resolution are
based on the record before the City Council on December 6, 2005 when it adopted this
Resolution, including the Staff Report dated December 6, 2005, all documents
referenced and incorporated in the Staff Report, the testimony at the hearing, and the
records and documents prepared in connection with the Proposed Project, all of which
are incorporated in this Resolution by this reference.
Section 10. The City Council of the City of Rancho Palos Verdes authorizes
and directs the City Attorney's office and Staff to take all steps necessary to commence
and prosecute legal proceedings in a court of competent jurisdiction to acquire by
eminent domain the real property interests described in Exhibit "A" attached hereto.
Section 11. This Resolution shall take effect upon adoption.
Section 12. The City Clerk shall certify to the adoption of this Resolution and
shall cause this Resolution and her certification to be entered in the Book of Resolutions
of the City Council of this City.
Resolution No. 2005 -145
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 20th day of December 2005.
Attest:
N J T'!-4
10- "' "M*-
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State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2005 -145 was duly and regularly passed and adopted by the
said City Council at a regular meeting held on December 20, 2005.
s
ft
Resolution No. 2005 -145
Page 4 of 4
RESOLUTION NO, 2005-145 - EXHIBIT "A"
The land is situated in the County of Los Angeles, City of Rancho Palos Verdes, State of
California, and is described as follows:
That portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rancho Palos
Verdes, County of Los Angeles, State of California, allotted to Jotham Bixby by Decree
filed in Case No. 2373 in the District Court of the 17th Judicial District of said State in
and for said County and defined and entered in Book 4, Page 57 of Judgments in the
Superior Court of said County, described as follows:
Beginning at the intersection of the Southerly prolongation of the Westerly line of Lot 5
of Tract No. 23434, as shown on map recorded in Book 624, Page 57 to 50 inclusive of
maps, in the Office of the County Recorder of said County with the Southerly line of that
portion of the Northerly 10 feet of Palos Verdes Drive shown on said map of Tract No.
23434, vacated by Resolution of the Board of Supervisors of said County adopted on
November 1, 1957, a copy of which was recorded on November 14, 1957, as Instrument
No. 3 5 8 8, in said office of the County Recorder; thence Northerly along said
prolongation and Westerly line to the Northwest corner of said Lot 5; thence continuing
along the boundary line of said Tract No. 23434, Westerly and Northerly to the Southerly
boundary line of Parcel 1 as shown on map filed in Book 84, Page 23 of Record of
Surveys, in said office of the County Recorder; thence along said Southerly boundary
line, Westerly, Northerly and Westerly to the Easterly line of the land described in Parcel
2 of deed recorded as Instrument No. 2148 on September 4, 1959, in Book D -594, Page
460 of Official Records of said County; thence Southerly along said last mentioned
Westerly line and its Southerly prolongation, to the Northerly line of Palos Verdes Drive
South as established by deed hereinbefore mentioned Resolution; thence Easterly along
said Palos Verdes Drive South, to the point of beginning.
860416 -2 Resolution No. 2005 -145
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