CC RES 1990-024RESOLUTION NO. 90 -24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING A
MODIFICATION TO A RESOLUTION OF INTENTION IN
THE MATTER OF COUNTY IMPROVEMENT NO. 2651 -M
(ABALONE COVE)
RECITALS:
A. The Board of Supervisors of the County of Los
Angeles proposes to adopt a resolution of intention pursuant to
the Municipal Improvement Act of 1913 (Division 12 of the
California Streets and Highways Code, commencing with Section
10000) (the "1913 Act ") for the acquisition of rights -of -way and
the acquisition, installation and construction of landslide
abatement improvements in the Abalone Cove area under County
Improvement No. 2651 -M (Abalone Cove).
B. The 1913 Act provides that the City Council must
consent to the formation of the assessment district by the County
Board of Supervisors and to the proposed work and to the
assumption of jurisdiction over the work by the Board of
Supervisors and must approve the resolution of intention of the
Board of Supervisors before the Board of Supervisors may adopt
such resolution of intention.
C. The Board of Supervisors has previously submitted
a proposed resolution of intention ( "Resolution of Intention ")
for the proposed improvements to the City Council of the City of
Rancho Palos Verdes, a copy of which Resolution of Intention,
incomplete as to dates and similar information which can only be
inserted at the time of adoption, is attached hereto and made a
part hereof.
D. Pursuant to its Resolution No. 89 -106, the City
Council granted its consent and jurisdiction to the County and
approved such Resolution of Intention, conditional upon certain
modifications thereto.
E. The County proposes to further modify such
Resolution of Intention to delete certain provisions thereof
relating to maintenance of the improvements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES HEREBY RESOLVES, ORDERS, FINDS AND DETERMINES AS
FOLLOWS:
Section 1. The City Council hereby approves the
following additional modifications to the Resolution of
Intention: (i) the deletion of Section 2 thereof in its
entirety; and (ii) the amendment of subparagraph 3 of Section 6
thereof to read as follows:
"3. An estimate of the cost of the proposed
improvements, and the cost of lands, rights of way,
easements and incidental expenses in connection with
the proposed improvements."
Section 2. The City Clerk is hereby authorized and
directed to certify to the adoption of this Resolution and to
deliver two certified copies hereof to the Los Angeles County
Director of Public Works.
PASSED, APPROVED and ADOPTED this 17th day of April,
1990, by the following vote:
AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
I hereby certify that the foregoing
document is a full, true and correct
copy of Resolution No. 90 -24
on file in the Office of the City
Clerk of the City of Rancho Palos
Verdes, California.
-2-
May
RESOLUTION NO. 89 -106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES AND
APPROVING A RESOLUTION OF INTENTION IN THE
MATTER OF COUNTY IMPROVEMENT NO. 2651 -M
(ABALONE COVE)
RECITALS:
A. The Board of Supervisors of the County of Los
Angeles proposes to adopt a resolution of intention pursuant to
the Municipal Improvement Act of 1913 (Division 12 of the
California Streets and Highways Code, commencing with Section
10000 ) (the 111913 Act") for the acquisition of rights -of -way and
the acquisition, installation and construction of landslide
abatement improvements in the Abalone Cove area under County
Improvement No. 2651 -M (Abalone Cove).
B. The improvements are briefly described as follows:
the acquisition of necessary rights -of -way and the acquisition,
installation and construction of landslide abatement improve-
ments, including dewatering wells and pumping facilities, slide -
monitoring facilities, storm drains, water discharge facilities,
individual drainage facilities, sanitary sewers, a toe berm,
reconstruction of Palos Verdes Drive South and repair and
resurfacing of the excavation in the streets or rights -of -way in
which the improvements are installed and constructed, together
with all appurtenant work (the "Improvements ").
C. The proposed Improvements will be installed and
constructed in various streets and rights -of -way located in the
City of Rancho Palos Verdes.
D. All of the property proposed to be assessed by the
County to pay for the cost and expenses of the Improvements is
located within the boundaries of the City of Rancho Palos Verdes
in the Abalone Cove area.
E. The 1913 Act provides that the City Council must
consent to the formation of the assessment district by the County
Board of Supervisors and to the proposed work and to the
assumption of jurisdiction over the work by the Board of
Supervisors and must approve the resolution of intention of the
Board of Supervisors before the Board of Supervisors may adopt
such resolution of intention.
F. The Board of Supervisors has submitted a proposed
resolution of intention ( "Resolution of Intention ") for the
proposed Improvements to the City Council of the City of Rancho
RESOL. 90 -24 (89 -106)
Palos Verdes, a copy of which Resolution of Intention, incomplete
as to dates and similar information which can only be inserted at
the time of adoption, is attached hereto and made a part hereof.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES HEREBY RESOLVES, ORDERS, FINDS AND DETERMINES AS
FOLLOWS:
Section 1. The City Council hereby approves the
Resolution of Intention.
Section 2. The City Council hereby consents to the
formation of an assessment district by the Board of Supervisors
pursuant to the 1913 Act to include the territory described in
the Resolution of Intention for purposes of financing the cost
and expenses of the Improvements, and hereby consents to the work
described in such Resolution of Intention and to the assumption
of jurisdiction thereof by the Board of Supervisors.
Section 3. The consent of the City Council shall
constitute assent to the assumption of jurisdiction by the Board
of Supervisors for all purposes of the assessment proceedings and
shall authorize the Board of Supervisors to take all steps
required for or suitable for the consummation of the work and the
levying, collecting and enforcement of the assessments to cover
the expenses thereof and the issuance and enforcement of bonds to
represent unpaid assessments.
Section 4. The City Council's action is conditional
upon the Board of Supervisors of the County of Los Angeles
modifying Section 5 of the County's Resolution of Intention to
add substantially the following language at the end thereof:
", which agreement, among other things, shall provide
(i) that all proceedings un:.-,...i�.rtaken in connection with
the assessment district shall be in accordance with the
Reimbursement and Settlement Agreement dated October
13, 1987, by and among the City,- the Rancho Palos
Verdes Redevelopment Agency, and the County, (ii) that
the Rancho Palos Verdes Redevelopment Agency shall
design, construct and install the landslide abatement
improvements, (iii) that the County shall convey the
landslide abatement improvements and all easements and
rights -of -way acquired in connection therewith or
necessary thereto to the Rancho Palos Verdes Redevel-
opment Agency or any successor entity thereto upon
completion of such improvements and (iv) that
administrative expenses shall be limited to the
reasonable and necessary out of pocket administrative
and overhead costs."
-2- RESOL. 89 -106
Section 5. The City Clerk is hereby authorized and
directed to certify to the adoption of this Resolution and to
deliver two certified copies hereof to the Los Angeles County
Director of Public Works.
PASSED, APPROVED and ADOPTED this 8th day of November,
1989, by the following vote:
AYES:McTAGGART, HUGHES. HINCHLIFFE AND MAYOR BACHARACu
NOES:NONE
ABS ENT : NONE
ABSTAIN:NONE
ATTEST.
/S/ JO PURCELL
City Clerk
I hereby certify that the foregoing
document is a full, true and correct
copy of Resolution No.89 -106
on file in the Office of the City
Clerk of the City of Rancho Palos
Verdes, California.
City Clerk
/S/ JACKI BACHARACH
Mayor
-3- RESOL. 89 -106
COUNTY IMPROVEMENT NO. 2651 -M
(ABALONE COVE)
FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND
THE ACQUISITION AND CONSTRUCTION OF
LANDSLIDE ABATEMENT IMPROVEMENTS
RESOLUTION OF INTENTION
WHEREAS, on February 9, 1988 the Board of Supervisors
of the County of Los Angeles instituted proceedings under the
Improvement Act of 1911 for the construction of landslide
abatement improvements under County Improvement (CI) No. 2651 -M
(Abalone Cove); and
WHEREAS , it has now been determined by the Board that
proceedings be commenced and conducted under and in accordance
with provisions of the Municipal Improvement Act of 1913 for the
acquisition of necessary rights of way and the installation and
acquisition of landslide abatement improvements under County
Improvement No. 2651 -M (Abalone Cove); and
WHEREAS,, it is the intention of the Board to undertake
these proceedings pursuant to Article XVI , Section 19 of the
Constitution of the State of California, as implemented by Part 2
of Chapter 4.56 of the Los Angeles County Code, to determine
whether the public convenience and necessity require the
acquisitions and improvements hereinafter described; and
WHEREAS, if after proper notice and hearing, the Board
determines by not less than four - fifths vote of all its members
that the public convenience and necessity require such
acquisitions and improvements, it may order such acquisitions and
improvements without compliance with the provisions of Division 4
of the Streets and Highways Code of the State of California; and
EXHIBIT "A"
-1- RESOL. 89 -106
WHEREAS, all of the work to be done in the Abalone Cove
area is located in the City of Rancho Palos Verdes and will
require exclusive jurisdiction by the Board; and
WHEREAS, the City Council of the City of Rancho Palos
Verdes did on November 8, 1989, adopt a resolution granting
consent and jurisdiction to the County of Los Angeles in this
proceeding,
NOW, THEREFORE, THE BOARD RESOLVES:
SECTION 1.
That it is the intention of the Board to determine that
t
the public convenience and necessity require the acquisition of
necessary rights of way, and work to be done and improvements
acquired and made, all in the City of Rancho Palos Verdes, County
of Los Angeles, State of California, and to order such
acquisition, work, and improvements acquired and made as follows,
to -wit:
First: The acquisition of necessary rights of way and
the construction and acquisition of abatement improvements which
are to include but not be limited to dewatering wells and pumping
facilities, slide - monitoring facilities, storm drains, water
discharge facilities, individual drainage facilities, sanitary
sewers, a toe berm, reconstruction of Palos Verdes Drive South,
and all appurtenant work necessary thereto in the Abalone Cove
area.
EXHIBIT "A" RESOL. 89 -106
2
Second: The repair and resurfacing of the excavation
in the streets or right of way wherein aforementioned
improvements are constructed,
SECTION 2.
That it is the intention of the Board to levy an
assessment to maintain, repair or improve the improvements
pursuant to California Streets and Highways Code Section 10100.8.
SECTION 3.
That, with the consent of the owner of private
property, it is in the public interest to perform the above said
work on such property, and more economical to eliminate any
disparity in level or size between the improvements and private
property than to adjust the work on public ro ert to eliminate
P P Y
the disparity.
SECTION 4.
That the district to be benefited by said improvements,
to be assessed to pay the cost and expense thereof including
aforesaid costs for acquisition of necessary rights of
Y way y a nd
improvements , and to be known as the assessment district shall
be all that part of the City of Rancho Palos Verdes of the
County
of Los Angeles, State of California, having xterior boundaries
ies
as shown on said Exhibit "A" attached hereto. Reference iq
hereby made to said Exhibit "A" for a full and complete
description of the assessment district and said Exhibit "A" shall
govern for all details as to the extent of the assessment
district.
EXHIBIT "A" RESOL. 89 -106
SECTION 5.
That it is the intention of the Board of Supervisors to
enter into an agreement with the Rancho Palos Verdes
Redevelopment Agency pursuant to Section 10110 of Chapter 2 of
the Municipal Improvement Act of 1913.
SECTION 6.
That this proposed improvement is hereby referred to
the Director of Public Works and said Director is hereby directed
to make and file with the Executive Officer -Clerk of the Board of
Supervisors a report in writing, presenting the following
1. Plans and specifications of the proposed
improvements.
2. A general description of works or appliances
already installed and any other property necessary
or convenient for the operation of the
improvements.
3. An estimate of the cost of the proposed
improvements, and the cost of lands, rights of
way, easements and incidental expenses in
connection with the proposed improvements, and an
estimate of the amount of the assessment to
maintain, repair or improve the improvements for
each of the first five years during which the
assessments will be levied.
4. A diagram showing the assessment district above
referred to, which shall also show the boundaries
EXHIBIT "A" RESOL. 89 -106
4
SECTION 7.
and dimensions o f the respective subdivisions of
land within said district as the same existed at
the time of the passage of the Resolution of
Intention, each of which subdivisions shall be
given a separate number upon said diagram.
5. A proposed assessment of the total amount of the
assessable costs and expenses of the proposed
improvements upon the several subdivisions of land
in said district in proportion to the estimated
benefits to be received by such subdivisions,
respectively, from said improvements. Said
assessment shall refer to such subdivisions upon
said diagram by the respective numbers thereof.
6. A proposed maximum annual assessment upon each of
the several subdivisions of land in the district
to pay costs incurred by the County and not
otherwise reimbursed which result from the
administration and collection of assessments or
from the administration or registration of any
associated bonds and reserve or other related
funds.
The Board proposes to find and determine that the
public convenience and necessity require such acquisitions and
improvements. At the time and place fixed for hearing protests
to the proposed improvements, a public hearing will also be held,
EXHIBIT "A" RESOL. 89 -106
G' �
pursuant to Part 2 of Chapter 4.56 of the Los Angeles County
Code , to hear protests to the making of such finding and
determination by the Board.
After such public hearing, if the Board by not less
than a four - fifths vote of all members thereof finds and
determines that the public convenience and necessity require said
acquisitions and improvements, it may order such acquisitions and
improvements without further proceedings with respect to the debt
limitation or majority protest provisions of Division 4 of the
Streets and Highways Code of the State of California.
SECTION 8.
That provision is hereby made for the issuance of
improvement bonds pursuant to Chapter 7 of Division 12 of the
California Streets and Highways Code, commencing with Section
10600. That it is hereby determined that registered serial bonds
to represent unpaid assessments will be issued hereunder in the
manner provided by Division 10 of the Streets and Highways Code,
the Improvement Bond Act of 1915, and the last installment of
such bonds shall mature no later than twenty -nine (29) years from
the second day of September next succeeding twelve (12) months
from their date.
The bonds shall be serviced by the County Treasurer or
a designated paying agent. The provisions of Part 11.1 of
Division 10 of the California Streets and Highways Code providing
an alternative procedure for payment in full of assessments and
advance retirement of the bonds shall apply; provided however,
EXHIBIT "A" RESOL . 89-106
6
that except as otherwise provided in Part 11.1, Parts 8 and 11 of-
Division 10 of the California Streets and Highways Code shall
apply.
The bonds shall bear interest at a rate to be
determined on sale thereof provided, however, that said rate
shall not exceed twelve ( 12) percent per annum. The County will
not obligate itself to a vQ available funds from the County
Treasury to cure any def. which may occur in the bond
redemption fund.
This determination shall be clearly set forth and
stated in the bonds to be issued pursuant to these roceed s as in
P 9
authorized and required by Section 8769 of the Streets and
Highways Code of the State of California.
The principal amount of the bonds maturing each Y ear
shall be other than an amount equal to an even annual ro ortion
P P
of the aggregate principal of the bonds. The amount of rinci al
P P
maturing in each lk�ar plus the amount of interest P Y a able in that
year will be generally an aggregate amount that is equal each
year, except for monies falling due on .the first series of the
bonds which shall be adjusted to ref.3.ect the amount of interest
earned from the date the bonds bear interest to the date when the
first interest is payable on the bonds.
Bonds may be refunded as provided in Section 8571.5 of
the Streets and Highways Code. The Board hereby determines s that
the bonds issued to represent unpaid assessments may be refunded
under specific conditions by resolution. Such bonds may be
EXHIBIT "A" RESOL. 89 -106
/CJ
refunded by determination by resolution of the Board to do so
The rate on the refunding bonds shall be equal to the average
g
interest rate of the bonds to be refunded, not to exceed an
overall average of twelve (12) percent per annum or such other
maximum rate of interest as may then be ermitted b law.
P y . The
rate may be fixed or variable. The number of years to maturity of
the refunding bonds shall not exceed that of the bonds to be
refunded. Any adjustment to the assessments resulting from the
refunding will be on a pro rata basis.
Deferral of annual assessment payments on bonds shall
be provided as follows: Commencement of the annual Ym a ent on
P
the assessments shall be no earlier than ten (10) years after
those bonds are sold but payments made prior to that time will be
accepted. Pursuant to and to the extent required by the
Reimbursement and Settlement Agreement dated October 13, 1987 by
and among the City of Rancho Palos Verdes, the Rancho Palos
Verdes Redevelopment Agency and the County, and specifically
Section 8 -C therein, which Reimbursement and Settlement Agreement
is incorporated herein by reference, the Rancho Palos Verdes
Redevelopment Agency may contribute tax increment funds to the
County not otherwise expended by the Agency as provided in said
Section 8 -C to reduce debt service on the bonds for a period of
ten (10 ) years from the sale of the bonds. If. at the end of ten
(10) years, the tax increment funds provided by the Rancho Palos
Verdes Redevelopment Agency are sufficient on an annual basis to
meet the debt service of the bonds and such tax increment is
EXHIBIT "A" RESOL. 89 -106
8
being and continues to be applied to reduce debt service on the
bonds, the deferral shall be extended for an additional five (5 )
years. The County will apply all such funds received from the
Rancho Palos Verdes Redevelopment Agency to reduce debt service
on the bonds*
Where the property is sold within the ten (10) year
period during which payments are deferred, the assessment may be
paid at the time of sale or may accrue to the new owner for
payment at the end of the deferral period. where the existing
property owner at the time the assessments are levied is a
qualified person, as herein defined, the property owner may defer
payment of the assessments and the accrued interest thereon until
either the death of the qualified person (s) or the sale of the
property, whichever occurs earlier. A qualified person is an
owner - occupant of the property who, as of January 1, 1987, was at
least 60 years of age or the spouse of that owner - occupant as of
January 1, 1987. Owner - occupant shall include a qualified person
who, prior to January 1, 1987 vacated his property without
transferring or encumbering possession or title to the property,
which has remained vacant since his last occupancy.
If payments of principal or interest have not been
deferred as provided above, and they become delinquent, a penalty
of two (2) percent per month of the total amount of a delinquent
assessment installment shall be added to such delinquent
assessment installment after the close of business on the
delinquency date, and an additional penalty of two (2) percent of
EXHIBIT "A"
C/oz
RESOL. 89 -106
the amount of the delinquency shall be added at the beginning of
business on the tenth day of each succeeding month until such
delinquent assessment and all penalties thereon are fully paid.
SECTION 9.
That it is the opinion of the Board that the public
interest will not be served by allowing the property owners
to take the contract for the work to be done under these
proceedings.
SECTION 100
That after completion of these improvements and the
payment of all claims from the improvement fund, the amount of
the surplus, if any, remaining in the improvement fund by reason
of the assessment and any supplemental assessment levied for said
improvements shall be used: (a) for transfer to the general fund
of the County of Los Angeles provided that the amount of the
surplus does not exceed One Thousand Dollars ($1,000) or five (5)
percent of the total amount expended from the improvement fund,
which ever is less; or (b) if the amount of the surplus is
greater than that allowed under (a), then as a credit upon the
assessment and any supplemental assessment, in the manner
provided in Section 10427.1 of the Streets and Highways Code, or
for the maintenance of the improvements. If any surplus results
for the reasons stated in Section 10427.5 of the Streets and
Highways Code, such surplus shall be disposed of as provided in
that section. If there is no supplemental assessment, the entire
EXHIBIT "A"
10
RESOL. 89 -106
amount of the surplus shall be applied as a credit to the
assessment.
SECTION 11.
That it is hereby determined that because damages would
be very difficult to ascertain, in the event the Contractor does
not complete the work within the time specified in the contract
or within such further time as this Board shall have authorized,
the Contractor shall pay to the County of Los Angeles liquidated
damages.
The liquidated damages for this improvement are fixed
in the amount of One Hundred Dollars ($100) per day. Money
received by the County of Los Angeles on account of such
liquidated damages shall be disbursed as provided in Section
20489 of the Public Contract Code by reference to Section 20427
of said Code.
SECTION 12.
The officers of the County and their authorized
representatives are, and each of them acting alone is, hereby
authorized to execute any and all documents and agreements
(including, but not limited to, any agreement to issue bond
anticipation notes under such terms as the officers of the County
deem necessary or appropriate) and do and perform any and all
acts and things, from time to time, consistent with this
Resolution and upon such terms and conditions as said officers or
their authorized representatives deem necessary or appropriate to
EXHIBIT "A" RESOL. 89 -106
carry the same into effect and to carry out the purposes stated
in this Resolution.
The foregoing resolution was on the day of
198 adopted by the Board of the County of
Los Angeles and ex- officio the governing body of all other
special assessment and taxing districts for which said Board so
acts.
LARRY J . MONTEILH, Executive Officer -
Clerk of the Board of Supervisors
of the County of Los Angeles
By
APPROVED AS TO FORM
DE WITT W . -xCLINTON
County Counsel
By
VRES.1 /89
Deputy
EXHIBIT "A" RESOL . 89-106
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