PROJECT NO. CIP 97-183 LOMA DRIVE,

UTILITY UNDERGROUNDING

ASSESSMENT DISTRICT No. 97-2 –

PROTEST HEARING AND TABULATION

OF THE BALLOTS

Purpose:

This report recommends that City Council hear and consider all comments and protests relating to the proposed proceedings such as:

• The improvements proposed to be constructed and installed,
• The extent of the Assessment District,
• The estimate of the cost and expenses,
• The proposed Diagram of Assessment,
• To consider and finally determine whether the public interest and convenience require the improvements,
• To award the construction improvement contract.

In addition, it is recommending the tabulation of the required ballots.

Recommendation :

It is recommended that the City Council adopt the attached resolutions entitled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING THE ACQUISITION OF THE IMPROVEMENTS, DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING, and

 

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH

AWARDING PROJECT NO. CIP 97-183 LOMA DRIVE UTILITY

UNDERGROUNDING ASSESSMENT DISTRICT IMPROVEMENTS TO IRISH CONSTRUCTION OF ROSEMEAD, CA.

Background :

On May 11, 1999, the City Council held a Public Hearing in association with Utility Undergrounding Assessment District No. 97-2. At the conclusion of the public hearing the City Council adopted the following resolutions:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING AND ORDERING THE FILING OF THE BOUNDARY MAP FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING),

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENT TO FORM AN ASSESSMENT DISTRICT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING),

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING REPORT AND THE FIXING TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING),

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA EMPLOYING FINANCIAL ADVISOR FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) AND ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING),

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA EMPLOYING BOND COUNSEL FOR ASSESSMENT DISTRICT MO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) AND ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING).

In addition, City Council directed the City Manager to execute the agreements between the City, the Financial Advisor and Bond Counsel.

Analysis:

During the public hearing, the City Council shall consider all evidence for and protests against the proposed assessment and shall tabulate the ballots. The City Council shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, (1) there is a majority protest as set forth in Section 2930 of the Streets and Highwayss Code (the 1931 Act) or (2) ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.

After the approval and confirmation of the District, the Assessment Diagram and Notice of Assessment will be recorded at the County of Los Angeles. In addition, the Notice of Assessment with instructions for payment will be mailed to each property owner.

Fiscal Impact :

All construction costs and incidental expenses such as engineering design, contract administration and inspection, special bond counsel, bond servicing, and bond discount/special reserve fund will be repaid by an assessment to the property owners within the District. The total amount to be funded is $1,809,384.

Attachments: Exhibits