HomeMy WebLinkAboutRES 20-7260 (GREENWICH VILLAGE UNDERGROUNDING)
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RESOLUTION NO. 20-7260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH ADOPTING THE ENGINEER'S REPORT, CONFIRMING THE
ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, AND
DIRECTING ACTIONS WITH RESPECT THERETO FOR THE
PROPOSED GREENWICH VILLAGE NORTH UNDERGROUND
UTILITIES ASSESSMENT DISTRICT
RECITALS
A. On July 23, 2019, the City Council (the “Council”) of the City of Hermosa Beach
(the “City”) adopted its resolution entitled “A Resolution of the City Council of the City of
Hermosa Beach of Intention to Make Acquisitions and Improvements for the Proposed Greenwich
Village North Underground Utilities Assessment District” (the “Resolution of Intention”) under
the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of
California (the “Act”) to initiate proceedings under the Act in and for the City’s proposed
Greenwich Village North Underground Utilities Assessment District (the “Assessment District”)
for the making of certain public improvements (the “Improvements”) as described in the
Resolution of Intention.
B. The Resolution of Intention referred the acquisitions and improvements described
therein to NV5, Irvine, California, the person designated therein as the engineer of work (the
“Engineer of Work”) and directed the Engineer of Work to prepare and file with the City Clerk a
report (the “Engineer’s Report”) pursuant to the Act and containing information set forth in the
Resolution of Intention, to which reference is hereby made for further particulars.
C. The Engineer of Work prepared and filed the preliminary form of Engineer's Report with
the City Clerk. This Council, with the aid of City staff, reviewed the preliminary Engineer's
Report and found that the preliminary Engineer's Report was sufficient for and should stand as the
Engineer's Report for all subsequent proceedings for the Assessment District, and the preliminary
Engineer's Report was approved under a resolution of this Council adopted on August 11, 2020,
entitled “A Resolution of the City Council of the City of Hermosa Beach Preliminarily Approving
Engineer’s Report and Directing Related Actions for the Proposed Greenwich Village North
Underground Utilities Assessment District.”
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D. Pursuant to the Act, this Council ordered that a public hearing be held before this
Council, on Tuesday, October 13, 2020, at the hour of 7:00 o’clock p.m., for the purposes of this
Council’s determination whether the public interest, convenience and necessity require the
Improvements, determination whether the properties in the Assessment District are specially
benefited by the Improvements, tabulation of special assessment ballots and the determination of
the existence of any majority protest and this Council’s final action upon the Engineer’s Report
and the assessments therein.
E. The hearing was formally opened at the City Council meeting, was held, and all
persons interested desiring to be heard were given an opportunity to be heard, and all matters and
things pertaining to the Improvements were fully heard and considered by this Council, and any
protests, both written and oral, were duly heard and considered. Thereafter, the hearing was
formally closed, and all assessment ballots submitted by property owners were received and
tabulated. The meeting was conducted via a teleconference as a result of the COVID-19 pandemic
and pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom on March 17, 2020.
The ballots were opened, announced and tabulated at city hall, with the public and council
viewing live via teleconference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hermosa Beach
as follows:
SECTION 1. Recitals. Each of the above recitals is true and correct and is adopted by the
City Council.
SECTION 2. No Majority Protest; Protests Overruled. It is hereby determined that,
upon the conclusion of the public hearing, and after tabulation of the assessment ballots submitted,
no majority protest against the assessment existed because the assessment ballots submitted in
opposition to the assessment did not exceed the ballots submitted in favor of the assessment. In
tabulating the ballots, they were weighted according to the proportional financial obligation of the
affected properties. This Council hereby overrules the protests, if any, written and oral, against
the proposed acquisitions and improvements or the grades at which the work is proposed to be
done, as a whole or as to any part, or against the Assessment District or the extent thereof to be
assessed for the costs and expenses of the Improvements, as a whole or as to any part thereof, or
against the engineer’s estimate of costs and expenses, in whole or in part, or against the maps and
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descriptions, in whole or in part, or against the diagram or the assessment to pay for the costs and
expenses of the Improvements, in whole or in part.
SECTION 3. Public Interest. The public interest, convenience and necessity require that
the Improvements be made and that the Assessment District be created.
SECTION 4. Assessment District Described. The Assessment District benefited by the
Improvements and to be assessed to pay the costs and expenses of the Improvements, and the
exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk,
which is hereby incorporated by reference.
SECTION 5. Engineer’s Report Approved. The Engineer’s Report, as amended or
modified to date, in the form on file in the office of the City Clerk and to which reference is
hereby made for further particulars, including the estimates of costs and expenses, the
apportionment of assessments and the assessment diagram contained in the Engineer's Report, is
hereby approved and confirmed and shall stand as the Engineer's Report for these and all future
proceedings for the Assessment District. Final approval of the Engineer's Report is intended to and
shall refer and apply to the Engineer's Report, or any portion thereof. The Engineer's Report, as
finally approved, shall include any and all modifications ordered by the Council at or after the
public hearing on the Assessment District referred to herein.
SECTION 6. Improvements Ordered, Assessment District Formed and Assessments
Confirmed. This Council hereby orders that the Improvements described in the Resolution of
Intention be made, that the Assessment District be formed, and that the assessment to pay the
costs and expenses of the Improvements is hereby confirmed and levied. For further particulars
pursuant to the provisions of the Act, reference is hereby made to the Resolution of Intention and
the Engineer’s Report.
SECTION 7. Benefits Determined. Based on the oral and documentary evidence,
including the Engineer’s Report, offered and received at the public hearing, this Council expressly
finds and determines (a) that each of said several subdivisions of land will be specially benefited
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by the Improvements at least in the amount, if not more than the amount, of the assessment
apportioned against those subdivisions of land, respectively, and (b) that there is substantial
evidence to support, and the weight of said evidence preponderates in favor of, this finding and
determination as to special benefits.
SECTION 8. Recording and Filing Ordered. The City Clerk shall immediately take the
following actions:
a. The City Clerk shall deliver to the Public Works Director, being the City official
acting as the Superintendent of Streets under the Act, the assessment as contained in the
Engineer's Report together with the assessment diagram, as approved and confirmed by
this Council, with a certificate of such confirmation and of the date thereof, executed by
the City Clerk, attached thereto. The Superintendent of Streets shall record the assessment
and diagram in a suitable book to be kept for that purpose, and append thereto a certificate
of the date of such recording, and such recordation shall constitute the assessment roll
herein.
b. The City Clerk shall cause a copy of the assessment diagram and a notice of
assessment, substantially in the form provided in Section 3114 of the Streets and
Highways Code of California, executed by the City Clerk, to be filed and recorded,
respectively, in the office of the County Recorder of the County of Los Angeles.
From the date of recording of the notice of assessment, all persons shall be deemed to have
notice of the contents of such assessment, and each of such assessments shall thereupon be
a lien upon the property against which it is made, and unless sooner discharged such liens
shall so continue for the period of 10 years from the date of the recordation, or if bonds are
issued to represent the assessments, then such liens shall continue until the expiration of 4
years after the due date of the last installment upon the bonds or of the last installment of
principal of the bonds. The appropriate officer or officers of the City are hereby authorized
to take all actions and to pay any and all fees required by law in connection with the above.
SECTION 9. Cash Payment Ordered.
a. Cash Payment. Under the Act, this Council hereby directs that the owners of
property within the Assessment District shall be given written notice of the confirmation of
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the assessments and of the recording thereof in the office of the official of the City who is
the Superintendent of Streets, and of the opportunity of such owners to pay all or a portion
of the assessments in cash for a period of not less than 30 days.
b. Collection Officer. The Finance Director of the City is appointed Collection
Officer (the "Collection Officer") for the assessments and the person to whom payment of
the assessments shall be made, and that the office of the Collection Officer, at City Hall,
1315 Valley Drive, Hermosa Beach, California, 90254, is designated as the place at which
any payments will be made, and the Superintendent of Streets is hereby relieved of all
responsibility for collecting assessments.
c. Mailed Notices. The Collection Officer shall cause notices to pay assessments to be
mailed under Section 10404 of the Act, which shall state that bonds will be issued under
the Improvement Bond Act of 1915, to represent any unpaid assessments. The mailed
notice shall be mailed to each owner of real property within the Assessment District at his
or her last known address as it appears on the tax rolls of the County Assessor, or on file in
the office of or as known to the City Clerk, or to both addresses if the address is not the
same, or to the general delivery when no address so appears.
d. Published Notice. The Collection Officer shall also cause the notice to be published
once a week for two successive weeks (with at least five days intervening between the
respective publication dates, not counting such dates) in a newspaper published in the
County and circulated in the City.
e. Proceeds of Collections. The Collection Officer shall establish a fund, separate and
distinct from other funds of the City and designated "City of Hermosa Beach, Greenwich
Village North Underground Utilities Assessment District Cash Payment Fund" (the "Cash
Payment Fund"), into which the Collection Officer shall deposit all sums received from the
cash payments. The Collection Officer may invest amounts in the Cash Payment Fund in
lawful investments for the City; provided, however, that the Collection Officer shall be
under no obligation to invest any or all of the amounts in the Cash Payment Fund. If this
Council issues bonds for the Assessment District, the moneys in the Cash Payment Fund
shall be applied to the Improvements and the Cash Payment Fund shall be closed. If this
Council determines not to issue bonds to finance the Improvements, the Collection Officer
shall return the amounts of cash payments (with any interest thereon) to the persons
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responsible for paying such cash payments and the Cash Payment Fund shall be closed.
The timing of such determinations shall be entirely at the discretion of this Council.
SECTION 10. Effective. This resolution shall be effective immediately. 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 at a regular meeting of the City Council of the City of
Hermosa Beach on this 13th day of October, 2020.
________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
________________________________ _______________________________
Eduardo Sarmiento, City Clerk Michael Jenkins, City Attorney
DocuSign Envelope ID: 240ECC94-045D-415E-8559-9219641049B3