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HomeMy WebLinkAboutRES 21-7293 (CONFIRMING A DIAGRAM AND ASSESSEMENT AND LEVYING ASSESSEMENTS)ii DocuSign Envelope ID: 41990124-207D-4F50-94A9-7B7FDAOD3C98 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO.21-7293 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, 2021 AND ENDING JUNE 30, 2022 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2021-2022 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, 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. 21-7278 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, 2021 and ending June 30, 2022. Pursuant to Resolution No. 21-7278 , such report was prepared and filed with the City Clerk. SECTION 2. The City Council adopted Resolution No. 21-7288, approving the report as filed, and Resolution No. 21-7289 declaring its intention to order certain improvements and to levy and collect assessments for the fiscal year commencing July 1, 2021 and ending June 30, 2022 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. Any and all oral and written protests and objections are hereby overruled by the City Council. Page 1 of 21-7293 11 DocuSign Envelope ID; 41990124-207D-4F50-94A9-7B7FDAOD3C98 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 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 benefited by the improvements described in Section 6 below, (ii) the District includes all of the land so benefited, and (iii) the net amount to be assessed upon the land within the District for the 2021-2022 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 operation 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, 2021 and ending June 30, 2022. 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 2021-2022. 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 provide 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. Page 2 of 3 21-7293 ii DocuSign Envelope ID: 41990124-207D-4F50-94A9-7B7FDAOD3C98 64 65 66 67 68 69 70 71 72 73 74 75 PASSED, APPROVED AND ADOPTED this 13th day of July, 2021. ��iw MA, PRESIDENT of the City Council and MAYOR of ATTEST: �id�we..ulo swrn+tic.�o Eduardo Sarmiento, City Clerk ity of Hermosa Beach, California APPROVED AS TO FORM: Michael Jenkins, City Attorney Page 3 of 3 21-7293 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) August 23, 2021 Certification of Council Action RESOLUTION NO. 21-7293 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, 2021 AND ENDING JUNE 30, 2022 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2021-2022 I, Eduardo Sarmiento, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution 21-7293 was duly approved and adopted by the City Council of said City at its regular meeting thereof held via teleconference on the 13th day of July, 2021 and passed by the following vote. AYES: COUNCILMEMBER CAMPBELL, ARMATO, MAYOR PRO TEMPO DETOY and MAYOR MASSEY NOES: NONE ABSTAIN: NONE ABSENT: NONE Eduardo Sarmiento, City Clerk