A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 1997 - 1998

Recommendation:

1. Adopt the attached resolution ordering the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 1997 - 1998.

Background:

Currently, the Landscaping and Street Lighting District provides for the maintenance and operation of the City-wide street lighting program, landscaping and park and recreational improvements. Staff conferred with the City Attorney to determine the applicability of Proposition 218 to the City's Landscaping and Street Lighting Assessment District. Briefly, Proposition 218 applies to new or increased assessments and to existing assessments not imposed exclusively to fund capital costs and maintenance and operation costs for sidewalks, streets, sewers, water, flood control, drainage systems, or vector control. The Proposition requires that non-exempt assessments be submitted to property owners for majority approval by mailed ballot. Votes are weighted by the amount of each proposed assessment.

Based on the advise of the City Attorney, staff recommends that the City rely on an exemption contained in the Proposition for streets and sidewalks. This means the City may continue to levy assessments to pay for the maintenance and operation of street lights and median and parkway landscaping without complying with the requirements of the Propositions so long as the assessments are not increased. The assessments will no longer fund the costs of maintaining and operating park and recreational improvements or landscaping which is not located within parkways or medians. These costs will be paid for out of the City's General Fund.

Analysis:

The Landscaping and Street Lighting District must be renewed annually. In approving the attached resolution, the Council authorizes the preparation of a report which will contain plans, specifications, costs and estimated assessments for the Landscaping and Street Lighting District. This report will then be submitted to the City Council at which time the City Council will review the report.

Alternatives:

Other alternatives available to City Council and considered by staff are:

1. Let the District lapse; thereby, causing a potential increased General Fund obligation of approximately $500,000.
2. Retain the district and modify level of service.

RESOLUTION NO. 97-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1 OF THE, PART 2 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICE OF LANDSCAPING, STREET LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998.

HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998

WHEREAS, the City Council of the City of Hermosa Beach, California, proposes to renew the existing assessment district designated as "Hermosa Beach Landscaping and Street Lighting District 1996-1997" pursuant to the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Street and Highways Code of the State of California; and

WHEREAS, the said assessment district includes all parcels of land within the City and shall be redesignated as the HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998"; and

WHEREAS, it is proposed to operate, maintain and service street lighting fixtures and lighting appurtenances, and landscaping and appurtenances in public parkways and medians.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby redesignates the existing Hermosa Beach Landscaping and Street Lighting District 1996-1997 as the Hermosa Beach Landscaping and Street Lighting District 1997-1998.

SECTION 2. That the Director of Public Works is hereby ordered to prepare and file a report in accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972", being Division 15, Streets and Highways Code of the State of California, for the maintenance, operation and servicing of certain street lighting fixtures, appurtenances and appurtenant work and landscaping and appurtenant located in public parkways and medians for the Fiscal Year commencing July 1, 1997 and ending June 30, 1998 all as set forth in this resolution.

SECTION 3. That the proposed improvements shall no longer include the operation maintenance and servicing of parks and recreational improvements and appurtenant facilities and landscaping and appurtenant facilities not located within public parkways and medians.

SECTION 4 . That a certified copy of this resolution be presented to the Director of Public Works for his/her information and guidance.

SECTION 5 . That the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceeding of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 8th day of April, 1997.