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CC RES 1989-042RESOLUTION NO. 89-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING PROPOSED CHANGES To BE MADE, CONFIRMING A PROPOSED AS- SESSMENT-, CONFIRMING A PROPOSED MAXIMUM ANNUAL ASSESSMENT, ORDERING PROPOSED IMPROVEMENTS TO BE MADE AND DECLARING ITS ACTION UPON THE ENG I NEE R' S REPORT, AS MODIFIED, AND THE AS- SESSMENT IN CONNECTION WITH RANCHO- PALOS VERDES IMPROVEMENT DISTRICT N0. 9,w DEL CERRO 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. 89-6 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 seq.) . The City Council hereby finds and determines that by virtue of ' the signing and, filing of such peti- tion 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 im- provements, 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. 89-6., and the Engineer's Report prepared and filed with the City Clerk in con- nection therewith, entitled "Engineer's Report, Rancho Palos Verdes Improvement District No. 9, Del Cerro" (the "Engineer's Report ") and regarding protests and objections thereto and to the proposed improvements in connection with Rancho Palos Verdes Im- provement district No. 9, Del Cerro. Following notice duly given by 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. 9, Del Cerro as set forth in its Resolution No. 89 -28 and the Report of Engineer dated April 10, 1989 entitled "Report of Engineer Regarding Proposed Changes to Engineer's Report, Rancho Palos Verdes Im- provement District No. 9, Del Cerro" ( "Report of the Engineer"). All oral and written protests and-objections to the proposed im- provements in the Engineer's Report, to the extent of such Im- provement District, to the proposed assessment in connection therewith, and any and all -other protests and objections, are hereby overruled by the- City Council . The City Council hereby determines that such protests and objections are made by the owners of 45.47 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 -28 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. 89-28 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 conver- sion work and the cost thereof included in the assessment to be levied upon such lot or parcel provided that the owner has ex- ecuted 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. 9, Del Cerro, 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. 9. Del Cerro will be benefited by the improvements described in the Engineer's Report, as modified, (ii) Rancho Palos Verdes Improvement District No. 9, Del Cerro 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 Rancho Palos Verdes Improvement District No., 9, Del Cerro is in proportion to the estimated benefits to be received by such subdivisions, respectively, from such improve- ments. 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 to pay administrative costs incurred by the City which are not otherwise reimbursed shall be $62.50 per lot or parcel, with an- nual increase corresponding to increases in the consumer Price Index for All Urban Consumers for the Los Angeles-Anaheim- 2 Riverside Metropolitan Area, The annual assessment shall be col- lected in the same manner and in the same installments as the as- sessment 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 as- sessment for the cost of the improvements as set forth in the Eng i nee r `' 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 10 20 4 . 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. 9, Del Cerro, 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 . ma i 1 , 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 pur- suant to California Government Code Section 6066 in the Peninsula News. 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, ATTEST: PASSED, APPROVED and ADOPTED this 2nd day of May, 1989, 3 -A aZjej� I or ' City Clerk State 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 -42 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 2, 1988. Ci tai Clerk Cit of Rancho` Palos Verdes 4