CC RES 1989-009RESOLUTION N0. 89 -9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING A PROPOSED
ASSESSMENT, CONFIRMING A PROPOSED MAXIMUM AN-
NUAL ASSESSMENT, ORDERING PROPOSED IMPROVE-
MENTS TO BE MADE AND DECLARING ITS ACTION UPON
THE ENGINEER'S REPORT, AS MODIFIED, AND THE
ASSESSMENTS IN CONNECTION WITH ROCKINGHORSE
ROAD SEWER ASSESSMENT DISTRICT
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Following notice duly given by posting, publica-
tion and mail, the City Council has held a full and fair public
hearing regarding its Resolution No. 88 -3, as amended by Resolu-
tion No. 88-55, and the Engineer's Report prepared and filed with
the City Clerk in connection therewith entitled, "Engineer's
Report, Rockinghorse Road Sewer Assessment District" and regard-
ing protests and objections thereto and to the proposed improve -
ments in connection with Rockinghorse Road Sewer Assessment Dis-
trict. Subsequently thereto, following notice duly given by pub-
lication and mail, the City Council has held a full and fair
public hearing regarding its Resolution No. 88 -3, as amended by
Resolution No. 88 -55, the Engineer's Report, proposed modifica-
tions to the Engineer's Report, the Engineers Report as
modified, and regarding protests and objections thereto and to
the proposed improvements in connection with Rockinghorse Road
Sewer Assessment District. All oral and written protests and ob-
jections to the proposed improvements in connection with Rockin-
ghorse Road Sewer Assessment District, to the extent of Rockin-
ghorse Road Sewer Assessment District, to the proposed assessment
in connection therewith, and any and all other protests and ob-
jections, are hereby overruled by the City Council.
Section 2. At the above- described public hearing regarding
Resolution No. 88 -3, as amended by Resolution No. 88 -55, the
Engineer's Report, proposed modifications to the Engineer's
Report, the Engineer's Report, as modified, and regarding
protests and objections thereto and to the proposed improvements
in connection with Rockinghorse Road Sewer Assessment District,
certain modifications were made to the Engineer's Report which
modified and reduced the total amount of the assessment for the
cost of the improvements. Such modifications are set forth i n
the Engineer's Report as further modified at the Public Hearing.
Based upon its review of the Engineer's Report, as modified,
regarding Rockinghorse Road Sewer Assessment District, a copy of
which has been filed with the City Clerk and which has been
presented to the City Council and upon the other reports and in-
formation presented to it, the City Council hereby finds and
determines that (i) the district of land within Rockinghorse Road
Sewer Assessment District wi l l be benefited by the improvements
described in the Engineer's Report, as modified, (ii) Rock i n-
ghorse Road Sewer Assessment District includes all of the lands
so benefited, and (iii) the assessment of the total amount of the
cost and expenses of such improvements upon the several subdivi-
sions of land in Rockinghorse Road Sewer Assessment District is
in proportion to the estimated benefits to be received by such
subdivisions respectively, from such improvements.
Section 3. The proposed assessment for the cost of the im-
provements provided for in subdivisions (d) and (e) of California
Streets and Highways Code Section 10204 set forth in the
Engineer's Report, as modified, is hereby confirmed as filed with
the City Clerk and as presented to the City Council,
Section 4. The proposed maximum annual assessment for the
cost of administrative expenses incurred by the City which are
not otherwise reimbursed and which is set forth in the Engineer's
Report , as modified, is hereby confirmed as filed with the City
Clerk and as presented to the City Council, The City Council
hereby determines that the amount of the annual assessment upon
each of the lots or parcels in the Assessment District to pay ad-
ministrative costs incurred by the City which are not otherwise
reimbursed shall be $25.00 per lot or parcel, with an annual in-
crease corresponding to increases in the Consumer Price Index for
All Urban Consumers for the Los Angeles - Anaheim- Riverside
Metropolitan Area. The annual assessment shall be collected in
the same manner and in the same installments as the assessment
levied to pay the cost of the improvements.
Section 5. The City Council hereby orders the proposed im-
provements set forth in the Engineer's Report, as modified, to be
made.
Section 6. The City Council declares that the Engineer's
Report, as modified, is hereby approved.
Section 7. The City Council declares that the assessment
for the cost of the improvements and the maximum annual assess-
ment for administrative expenses are hereby approved.
Section 8. The City Clerk is hereby directed to cause to be
recorded in the office of the City Treasurer and in the office of
the Director of Public Works a certified copy of the diagram and
assessments provided for in subdivisions (d) , (e) and (f) of
California Streets and Highways Code Section 10204.
Section 9. The City Clerk is hereby directed to cause to be
recorded in the office of the County Recorder of the County of
Los Angeles a Notice of Assessment in connection with Rockin-
ghorse Road Sewer Assessment District, as provided by California
Streets and Highways Code Sections 3114 and 10402.5.
Section 10. Following the recordation of such notice of as-
sessment, the City Treasurer is hereby authorized and directed to
provide notice of recordation of the assessment as provided by
-2- RESOL. 89 -9
California Streets and Highways Code Section 10404, by mail,
postage prepaid, to all persons owning real property which is
proposed to be assessed to pay any part of the cost of the work,
whose names and addresses appear on the last equalized roll or
who are known to the City Clerk, and by publication pursuant to
the California Government Code Section 6066 in the Peninsula
News,
Section 11. The City Treasurer is hereby authorized and
directed to collect and receive the assessments pursuant to Divi-
sion 7 of the California Streets and Highways Code,
PASSED, APPROVED AND ADOPTED THIS 17th day of January, 1989,
Mayor
ATTEST:
City Clerk
StVte 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. 89 -9 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on January 17, 1989.
City 1)qi-k
City o V Rancho Palos Verdes