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SR-6-D (101) " ~ 6-/) c::'{) -7- -- () () ~) , SEP 1 0 1991 GS:SES:LR:batjCCYMcA.word.engine Council Meeting: September 10, 1991 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Recommendation to Form an Assessment District For streetlight Installation on sixth street Between Santa Monica Boulevard and Arizona Avenue and Set a Public Hearing for October 8, 1991- Introduction This report recommends that city council approve the formation of an assessment district to install streetlights on sixth street between Santa Monica Boulevard and Arizona Avenue. The report also requests that city council adopt the attached Resolution of Intention and set a public hearing for October 8, 1991 and declares the City's intention to assess property owners for costs and issue bonds as security for unpaid assessments for the street lighting project. Background The City's policy is to assess commercial property owners for certain public works improvements using the Improvement Act of 1911. These include gutter construction, street resurfacing, tree planting and streetlighting. In accordance with this policy, staff is recommending that Council approve the establishment of a streetlight assessment district for the street described above and set a public hearing to hear protests. 6 -/) - 1 - SEP 1 (I 1991 L . Once the public hearing is held, project design is commenced. The project is competitively bid and a contract is awarded to the lowest responsible bidder by city council. Staff is recommending that streetlights be installed on sixth street for the safety and convenience of the facilities on that street. The YMCA and the City Main Library are located on sixth street between Santa Monica Boulevard and Arizona Avenue and Sixth street is not currently lit adjacent to the entrances to these sites. Discussion The establishment of this assessment district is in accordance with the Improvement Act of 1911 of the streets and Highways Code. Property owners will be notified 15 days in advance of the public hearing. Lists of property owners and copies of the map of the proposed assessment district will be available in the Council Chambers at the time of the Council Meeting. A typical assessment for a 50-foot commercial lot would be approximately $590.00 (estimate based on $11.80jfoot). The total cost of the project is $14,000.00. The total cost to all commercial property owners for the project is estimated at $9,870.00. The portion of the assessment for the City owned property, which is estimated at $4,130.00, will be financed out of the annual streetlighting capital improvements project account. There are no residential properties on sixth street. - 2 - . . BUdget/Financial Impact The total estimate for the proj ect is $14,000.00. The proposed breakdown is as follows: Commercial property owner assessments $ 9,870.00 City's contribution $ 4,130.00 Total project estimate $14,000.00 Appropriation authority is available in Account No. 01-770-453- 25491-8917-99155, "New Streetlight Systems" , for the City'S contribution. The remaining costs for the project will be paid through property owner assessments. Recommendation It is recommended that City Council: 1. Approve the formation of the above streetlight assessment district, 2. Adopt the attached Resolution of Intention setting a public hearing for October 8, 1991, and 3. Declare the City's intention to assess property owners for costs and issue bonds as security for unpaid assessments. Prepared by: stan Scholl, Director of General services Dave Britton, Acting City Engineer Attachment: Resolution of Intention - 3 - J 1 RESOLUTION NO. 8287(CC5) (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREETLIGHTING AND APPURTENANT WORK ON SIXTH STREET BETWEEN SANTA MONICA BOULEVARD AND ARIZONA AVENUE AS SHOWN ON CITY DRAWING NO. 10036, WITHIN THE CITY OF SANTA MONICA WHEREAS, the City Council of the city of Santa Monica proposes to initiate proceedings under the Improvement Act of 1911 for the improvements to streetlighting~ and - WHEREAS, Section 19 of Article XVI of the California Constitution provides that certain specified debt limitation and majority protest provisions shall not apply, if after the giving of such reasonable notice by pUblication and posting and the holding of such public hearing as the City Council of the City of Santa Monica shall have prescribed, the City council by no less than four-fifths vote of all members thereof finds and determines that the public convenience and necessity require the proposed improvements to be made; and WHEREAS, Streets and Highways Code Section 2804 provides that the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931" shall not apply to any proceeding otherwise SUbject thereto when said improvement - 4 - . J t proceeding is by a charter city and said city has complied with the provisions of section 19 of the Article XVI of the california constitution; and WHEREAS, the city of Santa Monica is a charter city of the state of California, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1- The city Council proposed to initiate ~ proceedings for the installation of streetlighting and appurtenant work on sixth Street from Santa Monica Boulevard to Arizona Avenue as shown on City Drawing No. 10036. SECTION 2. The total estimated cost of the proposed - improvement is Fourteen Thousand Dollars ($14,000.00) . SECTION 3. Improvements shall be conducted under the Improvement Act of 1911, which is Division 7 of the Streets and Highways Code of the state of California. SECTION 4. The proposed work or improvement in the opinion of City Council of the City of Santa Monica is of more than local or ordinary public benefit, and the city council hereby proposes that the district in the City of Santa Monica to be benefited by said work or improvement and to be assessed approximately Nine Thousand Eight Hundred Seventy Dollars ($9,870.00) and expense thereof, as shown upon a certain map indicating the exterior boundary thereof, which said Drawing No. 5979A is on file in the Office of the City Engineer. The map - 5 - . ; . . hereby is referred to and shall govern for all details as to the extent of said assessment district. The assessment district includes in general the lots and parcels descr1bed 10 Section 1 above but reference hereby is made to said Draw10g for all details as to the extent of said assessment district and for any variation between the last mentioned general description and the extent of said assessment district as shown on said map. All public streets or alleys, or portions thereof, hereby are excepted from said distr1ct. SECTION 5. The city will pay a portion of the cost and expenses of the work descrlbed herein, and the city Controller is authorized and directed to pay the same immediately upon confirmation of the assessment by the city council. - SECTION 6. Serial bonds bearing interest at the rate of 8.80% per annum shall be lssued to represent each assessment of One Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days after the recording of the warrant. Said serial bonds shall extend over a period ending nlne (9) years from the second day of January next succeeding the next September 1st fOllowing thelr date. Payments on the principal of unpaid assessments and 1nterest shall be made by property owners to the City treasurer and the same shall be disbursed by hlm or her or as provided 1n the IIImprovernent Act of 1911" hereinafter referred to. In accordance with Streets and Highways Code Section 6442, the first two percent delinquency penalty authorized by such section shall be retalned by the Clty controller as the cost of servicing the delinquency. - 6 - . . % SECTION 7. Notice is hereby given that on Tuesday, the 8th day of October, 1991, at 7:30 P.M. , in the City Council Chambers located in city Hall, 1685 Main street, Santa Monica, California, there shall be a public hearing before said City Council for the purpose of determining whether the public convenience and necessity require the above described improvement and for the purpose of allowing any and all persons having any objections to the proposed work or improvement to appear and show cause why the said proposed work or improvement should not be carried out ln accordance with said Resolution of Intention. Inquiries concerning this public hearing should be directed to the Department of General Services, Engineering Division, at (213) 458-872l. SECTION 8. The City Clerk shall give notice of the - hearlng by postlng a copy of thlS Resolution ln the manner described by Streets and Highways Code Section 5065 and by . publication as hereinafter provided. Any lnterested person may make protest against the proposed improvement in writing filed with the City Clerk at any time not later than the hour set for the hearing in the manner provided by streets and Highways Code Section 5220. SECTION 9. The superintendent of streets shall cause to be conspicuously posted along the line of said contemplated work or improvement and also along all the open streets within the said district, notice of the passage of this Resolution of Intention in the manner and form prescribed by law. - 7 - . -- ---- ------ . . 't The office of the city Engineer hereby is directed to mail not~ces, ~n the manner and form prescribed by law, of the adoption of this Resolution to all persons owning real property in the hereinbefore described assessment district, whose names and addresses appear on the last equalized assessment roll for the city taxes or as known to the City Clerk. SECTION 10. The city Clerk hereby is directed to publish this Resolution in The Outlook on two successive dates, the first publication is to be made not less than fifteen (15) days prior to the date of the above public hearing. SECTION II. Pursuant to Public Contract Code section 20433, the City council hereby states that the property owners ~ may not contract for the improvements and that the City shall be responsible for letting and adm~nistering the construction contract for this d~strlct. SECTION 12. The City hereby declares that Community Development Block Grant funds may be applled for payment of assessments on property owned or reslded ln by low to moderate income households. SECTION 13. The city Clerk shall certify to the adoption of this Resolution, and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _ :-.~ -?--~ --.1- ' ".""".... .~~~~ . . ROBERT M. MYERS c~ty Attorney - 8 - . ~ w . 't Adopted and approved this loth day of September, 1991. 4 :&rt I hereby certify that the foregoing Resolution No. 8287(CCS) was duly adopted by the City council of the City of Santa Monica at a meeting thereof held on September loth, 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen, - Vazquez, Zane, Abdo Noes: Councilrnembers: None Abstain: councilrnembers: None Absent: Councilmembers: None ATTEST: ~/Lf2~ ~ - CitY-ClerkY .