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CC RES 1989-106RESOLUTION 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 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 undertaken 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 BACHARACH NOES:NONE ABSENT : NONE ABSTAIN : NONE ATTRST! 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, Ca]Afornia. City Clerk 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 b Part P y of Chapter 4.56 of the Los Angeles County Code, to determine whether the public convenience and necessity q ire the rew 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. SECTION 1. NOW, THEREFORE, THE BOARD RESOLVES: That it is the intention of the Board to determine that 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 A 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 property to eliminate 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 way and 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 exterior boundaries as-shown on said Exhibit "A" attached hereto. Reference is 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 3 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 and dimensions of 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. SECTION 7. 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 5 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 1191, Parts 8 and 11 04_' 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 advance available funds from the County Treasury to cure any deficiency 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 proceedings roceedin s c.:e: 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 year plus the amount of interest payable in than 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 reflect 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 mines 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 7 refunded by determination by resolution of the Board to do so. The rate on the refunding bonds shall be equal to the average 9 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 permitted by law. 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 payment on 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) ear y 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 persons or the sale of the property, whichever occurs earlier. A alif ' qu led 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 p nt as of January 1, 1987. Owner - occupant shall include a alified e qu person who, prior to January 1, 1987 vacated his ro ert wit P p y bout transferring or encumbering possession or title to the property, which has remained vacant since his last . occu anc P Y If payments of principal or interest have not been deferred as provided above, and they become delinquent, q 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 f two 2 percent Y ( ) p cent of EXHIBIT "A" RESOL. 89 -106 9 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" RESOL. 89 -106 10 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 11 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. CLINTON County Counsel By VRES.1 /89 Deputy EXHIBIT "A" RESOL. 89 -106 12 l I 1-� W I N rr� V, O 00 I O dl 1 � • I COUNTY IMPROVEMENT NO. 2651 ABALONE COVE AND OTHER RTGHTS OF WAY IXAGPA 940"4 THE FUGHT'S OF WAY TO BC AC"tM THE MkOPOSSD LAPOSLIDE ABATEMENT wmovEmeNrS, THE EXTERIOR BOLA"RIES Of THE DimicT TO EE BENEFITED BY SAID sawoWEmENT AND ASSESSED TO PAY nE COST AND EXPENSES TIAMCOE coLm4ry or Los ANOELES, cALIIr0wkA It TA. TIDEMANSON DIRECTOII Of PUBLIC MEN(! CT OF103HEE 7572 _ R1pIIV� a NIkIN`•�' ,.• RAIL 7581 •: ";;, •, .�� •' r, n" -40 72 t • _ L DETAIL A • by +� A, C .,. \I MArlwr 4343 NA � i" I M t AI ✓ H • TANG y.,- ' . ~ 1 to tij � ee 1 4 ~ 1 O O 00 . l0 1 L. A. C. A. MAP NO. s 1 F-' O NO SCALE $10 i A.M. 1-1 . i Ttt.C! 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