CC RES 1989-031RESOLUTION NO. 89 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ORDERING PROPOSED
CHANGES TO BE MADE, CONFIRMING A PROPOSED
ASSESSMENT, CONFIRMING A PROPOSED MAXIMUM
ANNUAL ASSESSMENT, ORDERING PROPOSED IMPROVE-
MENTS TO BE MADE AND DECLARING ITS ACTION
UPON THE ENGINEER'S REPORT, AS MODIFIED, AND
THE ASSESSMENT IN CONNECTION WITH RANCHO
PALOS VERDES IMPROVEMENT DISTRICT NO. 5A,
DALADIER DRIVE, ET AL.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. All of the owners of more than sixty
percent in area of the property subject to assessment for the
proposed improvements described in Section 3 of Resolution No.
88 -69 of the City Council of the City of Rancho Palos Verdes have
signed and filed with the City Clerk a written petition for the
improvements and a waiver of the investigation and other proceed-
ings pursuant to the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 (California Streets and Highways
Code Section 2800, et sea.). The City Council hereby finds and
determines that by virtue of the signing and filing of such
petition and waiver, the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 does not apply to the
assessment proceedings undertaken by the City in connection with
the improvements.
Section 2. Following notice duly given by posting,
publication and mail, the City Council has held a full and fair
public hearing regarding its Resolution No. 88 -69, and the
Engineer's Report prepared and filed with the City Clerk in
connection therewith, entitled "Engineer's Report, Rancho Palos
Verdes Improvement District No. 5A, Daladier Drive, et al." (the
"Engineer's Report ") and regarding protests and objections
thereto and to the proposed improvements in connection with
Rancho Palos Verdes Improvement District No. 5A, Daladier Drive,
et al. Following notice duly given by posting, publication and
mail, the City Council has held a full and fair public hearing
regarding proposed changes in connection with Rancho Palos Verdes
Improvement District No. 5A, Daladier Drive, et al. as set forth
in its Resolution No. 89 -26 and the Report of the Engineer dated
March 21, 1989 entitled "Report of Engineer Regarding Proposed
Changes to Engineer's Report, Rancho Palos Verdes Improvement
District No. 5A, Daladier Drive, et al. ( "Report of the
Engineer "). All oral and written protests and objections to the
proposed improvements in the Engineer's Report, to the extent of
such Improvement District, to the proposed assessment in
connection therewith, and any and all other protests and objec-
RESOL. 89 -31
tions, are hereby overruled by the City Council. The City
Council hereby determines that such protests and objections are
made by the owners of 54.44 percent of the area of land to be
assessed for the improvements. All oral and written protests and
objections to the proposed changes as set forth in its Resolution
No. 89 -26 and the Report of the Engineer are hereby overruled and
denied by the City Council.
Section 3. The City Council hereby orders the proposed
changes described in its Resolution No. 89 -26 and the Report of
the Engineer to be made, and the Engineer's Report is hereby so
modified.
Section 4. Pursuant to Section 5896.14 of the
California Streets and Highways Code, conversion work to be done
on any lot or parcel of land in the Improvement District at the
owner's expense, including connection to owner's premises, may be
done by the contractor or public utility performing the
conversion work and the cost thereof included in the assessment
to be levied upon such lot or parcel provided that the owner has
executed and, filed a written request therefor with the City
Clerk, and the Engineer's Report is hereby so modified.
Section 5. Based upon its review of the Engineer's
Report regarding Rancho Palos Verdes Improvement District No. 5A,
Daladier Drive, et al., as modified by the foregoing provisions
of this Resolution, and upon the other reports and information
presented to it, the City Council hereby finds and determines
that (i) the district of land within Rancho Palos Verdes
Improvement District No. 5A, Daladier Drive, et al. will be
benefited by the improvements described in the Engineer's
Report, as modified, (ii) Rancho Palos Verdes Improvement
District No. 5A, Daladier Drive, et al. includes all of the lands
so benef ited, and (iii) the assessment of the total amount of the
cost and expenses of such improvements upon the several subdivi-
sions of land in Rancho Palos Verdes Improvement District No. 5A,
Daladier Drive, et al. is in proportion to the estimated benefits
to be received by such subdivisions, respectively, from such
improvements.
Section 6. The proposed assessment for the cost of the
improvements 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.
Section 7. 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 assess-
ment upon each of the lots or parcels in such Assessment District
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to pay administrative costs incurred by the City which are not
otherwise reimbursed shall be $35.00 per lot or parcel, with an
annual increase 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 8. The City Council hereby orders the proposed
improvements set forth in the Engineer's Report, as modified, to
be made.
Section 9. The City Council declares that the
Engineer's Report, as modified, is hereby approved.
Section 10. The-.City Council declares that the assess-
ment for the cost of the improvements as set-forth- .-n the
Engineer's Report, as modified, is hereby approved.
Section 11. 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 12. 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 Rancho
Palos Verdes Improvement District No. 5A, Daladier Drive, et al.,
as provided by California Streets and Highways Code Sections 3114
and 10402.5.
Section 13. Following the recordation of such notice
of assessment, the City Treasurer is hereby authorized and
directed to provide notice of recordation of the assessment as
provided by 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 California Government Code Section 6066 in the
Peninsula News.
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Section 14. The City Treasurer is hereby authorized
and directed to collect and receive the assessments pursuant
to Division 7 of the California Streets and Highways Code.
PASSED, APPROVED and ADOPTED this 18th day. of April,
1989.
Alec 'AA
MAYOR
ATTEST:
CITY ^ CLERK{
9TIATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES ? SS
CITY OF RANCHO PALOS VERDES
I, JO PURCELL, City Clerk of the City Council of the
City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 89 -31 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof
held on the 18th day of April, 1989. /1"?
CITY CLERK
CI Y RANCHO PALOS VERDES
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