PUBLIC HEARING

HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998

Recommendation:

It is recommended that the City Council:

1. Conduct a Public Hearing in connection with the levy of assessments for fiscal year 1997-1998.

2. Adopt Resolution No. 97- , confirming the diagram and assessment for Hermosa Beach Landscaping & Street Lighting District 1997-1998 ("District") and levying an assessment of $41.45 per unit for the fiscal year commencing July 1, 1997 and ending June 30, 1998.

Background:

As required by law, the following steps have been taken for the levy and collection of assessments for fiscal year 1997-1998 within the District:

1. April 8, 1997: The City Council adopted Resolution No. 97-5851 ordering the preparation of a report for the District.

2. May 27, 1997: The Director of Public Works filed with the City Clerk the report consisting of, among other things, the assessment diagram and assessment roll for the District.

3. May 29, 1997: The City Council adopted Resolution No. 97-5854 approving the report of the Director of Public Works.

4. May 29, 1997: The City Council adopted Resolution No. 97-5855 setting June 24, 1997 at 7:30 p.m. as the date and time for a public hearing in order to accept public input on the District.

5. June 12, 1997: Notice of the public hearing was given by publishing Resolution No. 97-5855 in the Easy Reader.

ANALYSIS:

Because the District 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, the proposed assessment rate for fiscal year 1997-1998 has decreased from $54.82 per equivalent dwelling unit to $41.45 per equivalent dwelling unit, the same equivalent dwelling unit rate as used in fiscal year 1996-1997 to finance those improvements located in and along streets and sidewalks. The assessment is based on the actual number of dwelling units that are on a property (or their equivalent for vacant and commercial properties).

The fiscal year 1997-1998 assessments will provide sufficient funds ($449,318) to continue the operation and maintenance of the City's street lighting system and landscaping in and along the City's streets and sidewalks for one year. Adoption of the attached resolution constitutes the levy of an assessment for the 1997-1998 fiscal year.

Alternatives:

Alternatives available to City Council are:

1. Let the district lapse; thereby, causing a potential increase in General Fund obligations of $449,318; or

2. Levy an assessment at less than the proposed amount, thereby causing an increased General Fund obligation.

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to the provisions of the "Landscaping and Lighting Act of 1972," Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the "Act"), the City Council adopted Resolution No. 97-5851 initiating proceedings and ordering the Director of Public Works to prepare and file the report required by the Act. Said report is for the proposed levy of an annual assessment for the fiscal year commencing July 1, 1997 and ending June 30, 1998. Pursuant to Resolution No. 97-5851, such report was prepared and filed with the City Clerk.

SECTION 2. The City Council adopted Resolution No. 97-5854, approving the report as filed, and Resolution No. 97-5855, declaring its intention to order certain improvements for the fiscal year commencing July 1, 1997 and ending June 30, 1998 and appointing a time and place for hearing protests relative thereto.

SECTION 3. Following notice duly given in accordance with law, the City Council held a full and fair public hearing at the time and place appointed therefor regarding the proposed levy of assessments within the District and the report of the Director of Public Works, including the diagram and assessment for the District. At the public hearing, all interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessments against lots or parcels of real property within the District.

SECTION 4. The City Council considered all oral and written statements, protests and communications made or filed by any interested persons. Written protests have been filed and not withdrawn representing property owners owning less than fifty percent of the area of assessable land within the District. Any and all oral and written protests and objections are hereby overruled by the City Council.

SECTION 5. Based upon its review of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City Council, the City Council hereby finds and determines that (i) the land within the District will be benefitted by the improvements described in Section 6 below, (ii) the District includes all of the land so benefitted, and (iii) the net amount to be assessed upon the land within the District for the 1997-1998 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

SECTION 6. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, which improvements are briefly described as follows: the maintenance and servicing of streets and sidewalks within the assessment district, including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks.

SECTION 7. The City Council declares that the diagram and assessment in the Engineer's Report are hereby confirmed as filed. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 1997 and ending June 30, 1998.

SECTION 8. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 6 above for fiscal year 1997-1998.

SECTION 9. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the diagram and assessment with the County Auditor of the County of Los Angeles. Thereupon, the County Auditor shall provided for the collection of assessments at the time and in the manner provided in the Act.

SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 24th day of June, 1997.

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