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HomeMy WebLinkAboutRES 23-7427 (LANDSCAPING AND LIGHTING ASSESSMENT)Page 1 of 3 #23-7427 CITY OF HERMOSA BEACH RESOLUTION NO. 23-7427 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, 202 3 AND ENDING JUNE 30, 2024 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2023–2024 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 23–7367 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 Hermosa Beach Landscaping and Street Lighting District (the “District”) for fiscal year commencing July 1, 202 3 and ending June 30, 2024. Pursuant to Resolution 23–7367, such report was prepared and filed with the City Clerk. SECTION 2. The City Council adopted Resolution 23–7382, approving the report as filed, and Resolution 23–7381 declaring its intention to order certain improvements and to levy and collect assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024 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 and has DocuSign Envelope ID: B58CF12A-F2F8-4026-AC9E-DC4728F88AEF Page 2 of 3 #23-7427 determined that a majority protest does not exist regarding the proposed levy of an annual assessment for the 2023 –2024 fiscal year. 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 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 2023–2024 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 special 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 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, 2023 and ending June 30, 2024. 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 2023–2024. 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. DocuSign Envelope ID: B58CF12A-F2F8-4026-AC9E-DC4728F88AEF Page 3 of 3 #23-7427 SECTION 10. This Resolution shall take effect 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 on this 11th day, July 2023. Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla, MPA, CMC Patrick Donegan, City Clerk City Attorney DocuSign Envelope ID: B58CF12A-F2F8-4026-AC9E-DC4728F88AEF State of California ) County of Los Angeles ) ss City of Hermosa Beach ) July 18, 2023 Certification of Council Action RESOLUTION NO. 23-7427 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, 2023 AND ENDING JUNE 30, 2024 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2023–2024 I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. 23-7427 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 11th day of July 2023 and passed by the following vote: AYES:MAYOR JACKSON, MAYOR PRO TEMPORE MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, and DETOY NOES: NONE ABSTAIN: NONE ABSENT:NONE ________________________________ Myra Maravilla, MPA, CMC, City Clerk DocuSign Envelope ID: B58CF12A-F2F8-4026-AC9E-DC4728F88AEF