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CC RES 1987-013RESOLUTION N0, 87- 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROPOSING CERTAIN CHANGES TO BE MADE TO THE ENGINEER'S REPORT PREPARED IN CONNECTION WITH PROPOSED RANCHO PALOS VERDES IMPROVEMENT DISTRICT N0. 8 AND AMENDING ITS RESOLUTION NO. 86 -68 WHICH DECLARED THE INTENTION OF THE CITY COUNCIL TO ORDER IMPROVEMENTS FOR SUCH PROPOSED IMPROVEMENT DISTRICT N0. 8 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS , DE- TERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1: Pursuant to its Resolution No. 86 -68, the City Council found that the public interest, necessity and convenience require, and declared its intention to order improvements authorized by Division 12 of the California Streets and Highways Code, commencing with Section 10000. Such improvements are briefly described in Section 3, below. Section 2: Such Resolution No. 86 -68 provides that the district of land to be benefited by the improvements briefly described in Section 3, below, and to be specially assessed to pay the costs and expenses of such improvements and the damages caused thereby, is to be referred to as "Rancho Palos Verdes Improvement District No. 8." Section 3: Such Resolution No. 86 -68 briefly described the proposed improvements as follows: The installation and construction of approximate- ly 1115 lineal feet of sanitary sewer trunk line along La Vista Verde, Avenida Corona and Daladier Drive together with appurtenant work and facil- ities and the acquisition of necessary easements and rights -of -way in con- nection therewith. Section 4: Such Resolution No. 86 -68 provides that for a description of the exterior boundaries of the real property to be benefited by such improvements and to be specially assessed to pay the cost and expenses of such improvements, reference is made to a map of the exterior boundaries of such real property designated "Proposed Boundaries of Rancho Palos Verdes Improvement District No. 8 ", approved by the City Council and- on file in the office of the City Clerk of the City of Rancho Palos Verdes. The off- ice of the City Clerk is located at City Hall, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90274. Section 5: Pursuant to such Resolution No. 86-68, such proposed im- provements were referred to the Engineer, Mark A. Chris tof f e is , to make and file with the City Clerk a report in writing, containing the following: A. Plans and specifications of such proposed improvements if the improvements are not already installed. B. A general description of the works and appliances already in- stalled and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of such proposed improvements. 707CP %RES 1.1 C. An estimate of the cost of the improvements and the cost of lands, rights -of -way, easements, and incidental expenses in connection with the improvements, including the cost of registering bonds. D. A diagram showing as they existed at the time of passage of Resolution No. 86-68, all of the following: 11 the exterior boundaries of Rancho Palos Verdes Improve- ment District No. 8; 2. the boundaries of any zones within such Improvement Dis- trict; and 3. the lines and dimensions of each parcel of land within such Improvement District. Each subdivision, including each separate condominium interest as defined in Section 783 of the California Civil Code, shall be given,a sepa- rate number upon such diagram. E. A proposed assessment of the total amount of the cost and ex- penses of such proposed improvements upon the several subdivisions of land in Rancho Palos Verdes Improvement District No. 8 in proportion to the es- timated benefits to be received by such subdivisions, respectively, from such improvements. Such assessment is to refer to the subdivisions by their respective numbers as assigned pursuant to paragraph D of Section 5 of Resolution No. 86 -68, Section 6: Pursuant to such Resolution No. 86-68, the City Council determined that it is in the public interest and more economical to elimi- nate any disparity in levels or size between such proposed improvements and private property on such private property, rather than to adjust the work on public property to eliminate such disparity. Section 7: Such Resolution No. 86 -68 provides that in the opinion of the City Council, the public interest will not be served by allowing pro- perty owners to take a contract to perform the work. Section 8: Pursuant to such Resolution No. 86-68, the City Council declared that any lot or parcel belonging to the United States, the State of California, the County of Los Angeles or the City or Rancho Palos Ver- des, which is in use in the performance of any public function, shall be omitted from the assessment to cover the costs and expenses of the improve- ments described in Section 3, above. Section 9: Pursuant to such Resolution No. 86 -68, provision was 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, Section 10: Pursuant to such Resolution No. 86 -68, notice was given that serial bonds to represent unpaid assessments, and bearing interest at the rate of not to exceed twelve percent (12 %) per annum, payable semiannu- ally, are to be issued thereunder in the manner provided by Part 5 of Divi- 707CP /RES1.2 -2- Resolution No. 87 -13 sion 7 of the California Streets and Highways Code, and the last install- ment of bonds shall mature nine (9) years from the second day of January next succeeding the next September 1st following their date. Section 11: Pursuant to Resolution No. 86 -68, the City Council deter- mined that the principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year plus the amount of interest payable in that year shall be an aggregate amount that is equal each year, except for the moneys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interes t is payable on the bonds, Section 12: Pursuant to such Resolution No. 86 -68, the City Council designated-_ the City Treasurer or the designated Fiscal Agent of the City Treasurer to collect and receive the assessments. Section 13: Such Resolution No. 86 -68 provides that pursuant to Streets and Highways Code Section 6442, the City Council elects to have the City Treasurer retain the first delinquency penalty of two percent (2%) as a cost of servicing the delinquency. . Section 14: Such Resolution No. 86 -68 provides that any surplus moneys remaining in the improvement fund after the completion of such proposed improvements shall be disposed of in accordance with California Streets and Highways Code Section 10427. Sectilon- 15: Resolution No. 86 -68 is hereby amended by deleting Sec- tion 11 thereof . Section 16: Pursuant to Resolution No. 86 -68, the Engineer filed with the City Clerk of the City of Rancho Palos Verdes a report entitled "Engi- neer's Report, Rancho Palos Verdes Improvement District No. 8, La Vista Verde, Et Al." Pursuant to Resolution No. 86-69, the City Council prelimi- narily approved such Engineer's Report and set December 16, 1986 as the time for hearing protests to the proposed improvements described in Section 3 of this Resolution. Following notice of such hearing, bids were opened on December 8, 1986 for construction of the improvements. The lowest re- sponsible bid was higher than the cost originally stated in the Engineer's Report, The Engineer has filed with the City Clerk of the City of Rancho Palos Verdes and the City Clerk has presented to the City Council the En- gineer's Report modified and changed to represent the higher construction costs made necessary by the receipt of such lowest bid. The City Council hereby proposes to approve such modifications and changes to the Engineer's Report, to approve modifications and changes to the amount of the assess- ment and to approve the Engineer's Report as modified and changed. Refer- ence is -hereby made to such modifications and changes and to such modified and changed Engineer's Report which are on file in the Office of the City Clerk of the City of Rancho Palos Verdes, Section 17: Pursuant to Section 5.E of Resolution No. 86-68, the Engi- neer's Report filed with the City Clerk of the City of Rancho Palos Verdes provides for an assessment of $79,101 to represent the total cost and ex- penses of the proposed improvements. The Engineer has modified and changed 707CP /RES1.3 -3- Resolution No. 87 -13 such Engineer's Report to provide for a total assessment of $85,215 to re- flect the higher construction costs due to the receipt of bids in excess of the cost originally stated in the Engineer's Report. The estimated in- crease in the cost of the improvements by reason of the proposed modifica- tions and changes is $6,114. The Engineer has filed with the City. Clerk of the City of Rancho Palos Verdes and the City Clerk has presented to the City Council the Engineer's Report so modified and changed. The City Coun- cil hereby proposes to approve such modifications and changes to the Engi- neer's Report, and to approve the Engineer's Report as modified and changed, .Section 18: The City Council hereby appoints April 7, 1987, at 7:30 P.M., in the Main Meeting Room at Fred Hesse Community Park, 29301 Haw- thorne Boulevard, Rancho Palos Verdes, California 90274, as the time and place for the hearing on the amendment to Resolution No. 86 -68 described above in Section 15 of this Resolution, for hearing any objections to the Engineer's Report as modified and changed, and for hearing any objections to the proposed modifications and changes to the Engineer's Report described in- Section 16 and Section 17 of this Resolution. Any interested person may object to the modifications and changes proposed to be made, to the proposed improvements, to the extent of the improvement district or to the proposed assessment by filing a written protest with the City Clerk at or before the time set for hearing. Any interested person may appear before the City Council at the above time and place and show cause why the proposed modifications and changes should not be ordered. Section 19: The City hereby designates Mr. Mark A. Christoffels, Associate Engineer, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90274, telephone number (213)377 -0360, to answer inquiries regarding the hearing proceedings. PASSED.- APPROVED and ADOPTED on ATTEST: CITY CLERK S to of California ) County of Los Angeles ) City of Rancho Palos Verdes ) I .$ JO PURCELL, City certify that the above and adopted by said City March 4, 19870 707CP /RES1.4 March 4 19870 MAYOR Clerk of the Resolution No. Council at a City of Rancho Palos Verdes, hereby 87 -13 was duly and regularly passed regular meeting thereof held on mm CITY CLERK Resolution No. 87 -13