R-9650
PWM:CP:AA:DB:RO F:\DATA\SPFILES\SP1797\CC1797-Resolution5 8 01.doc
City Council. Meeting: May 8, 2001 Santa Monica, California
RESOLUTION NUMBER Qh~O
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA FINDING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION OF STREETLlGHTING AND
DECLARING ITS INTENTION TO CONSTRUCT STREETLlGHTING ON
VARIOUS CITY STREETS AS SHOWN ON CITY DRAWINGS NO. 10077A
THRU 10079A WITHIN THE CITY OF SANTA MONICA
WHEREAS, the City Council of the City of Santa Monica proposes to initiate
proceedings for the establishment of assessment districts and the levy of assessments for
payment of costs of streetlight improvements in accordance with the requirements of Article
XIII D of the California Constitution, the Proposition 218 Omnibus Implementation Act
(Government Code Sections 53750 et.seq.), and Section 7.04.860 of the Santa Monica
Municipal Code for the following areas in the City of Santa Monica:
District B
District C
District D
Dewey Street
Robson Street
Marine Street
17th Street to 23rd Street
17th, Street to Dewey Street
Lincoln Boulevard to 17th Street
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 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 thereoffinds and determines that the
public convenience and necessity require the proposed improvements to be made; and
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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 the improvement proceeding is held by a
charter city and the City has complied with the provisions of Section 19 of 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 proposes to initiate proceedings for the installation of
streetlight improvements and appurtenant work on the streets shown on City Drawings No.
10077A through 10079A and generally known as FY 2000-2001 - Construction of High
Pressure Sodium Streetlight Systems on
District B
District C
District D
Dewey Street
Robson Street
Marine Street
17th Street to 23rd Street
17th Street to Dewey Street
Lincoln Boulevard to 17th Street
SECTION 2. The total estimated cost of the proposed improvements is $464,000
The property owners' share of the cost is estimated at $154,100,
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SECTION 3. Improvements shall be conducted in accordance with the requirements
of the Proposition 218 Omnibus Implementation Act, Section 7.04.860 of the Santa Monica
Municipal Code and the Improvement Act of 1911 (Section 5000 et.seq. of California
Streets and Highways Code).
SECTION 4. On August 9, 2000 at 7:00 p.m., a public meeting was held between
City staff and affected property owners and residents to discuss the location of streetlights.
types of streetlights and estimated costs.
SECTION 5. The proposed improvements are of more than local or ordinary public
benefit, and the City Council hereby resolves that the assessment districts in the City of
Santa Monica to be benefited by the improvements be assessed a portion of the costs of
the improvements as hereinafter provided, In accordance with past City policy, the
proposed assessment spread for streetlights is:
'TYPE OF
FOOTAGE
ONT FOOTAGE
These proposed assessment amounts are equal to or less than the proportionate
special benefit cost of streetlight for each parcel as identified in the Engineer's Report.
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The assessment districts are depicted in Drawings No. 10077 A through 10079A,
which are on file in the Office of the City Engineer.
All public streets, alleys, or portions thereof, hereby are excepted from the districts.
SECTION 6. Parcels owned by non-profit organizations, which can demonstrate
that the organization receives a welfare exemption from the Los Angeles County Assessor,
shall be exempt from this assessment.
SECTION 7. Serial bonds bearing interest at the rate 9.5% per annum shall be
issued 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. Each serial bond
shall extend over a period ending nine (9) years from the second day of January next
succeeding the next September 1 st following its date. Property owners shall make
payments on the principal of unpaid assessments and interest to the City Treasurer and
the same shall be disbursed by him/her or as provided in the" Municipal Improvement Act
of 1911. In accordance with Streets and Highways Code Section 6442, the City Treasurer
as the cost of servicing the delinquency may retain the first two- percent (2%) delinquency
penalty authorized by such section This bond may be redeemed by the owner or any
person interested in any lot or parcel of land described herein, at any time before maturity
and before commencement of proceedings for sale, upon payment to the Treasurer for the
holder of this bond of the amount then unpaid on the principal sum, together with a
premium of five (5) percent of said unmatured principal thereof with interest thereon (if not
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previously paid) up to the next succeeding January 2 or July 2, as the case may be, at the
rate named in this bond, and all penalties accrued and unpaid
SECTION 8. Notice is hereby given that on Tuesday, April 1 0,2001, at 7:00 P.M., in
the City Council Chambers located in City Hall, 1685 Main Street, Santa Monica, California,
a public hearing was held before the City Council for the purpose of determining whether
the public convenience and necessity require the above-described improvements and for
the purpose of allowing any and all persons having any objections to the proposed work or
improvements to appear and show cause why the proposed work or improvements should
not be carried out in accordance with this Resolution of Intention,
SECTION 9. The City Clerk gave notice of the hearing by publication as hereinafter
provided Any interested person may file a protest against the proposed work or
improvements in writing with the City Clerk at any time not later than the hour set for the
first public hearing in the manner set forth in the Section 4 of Article XIII D of the California
Constitution. Owners of the properties may vote on the assessment district by submitting
assessment ballots before the close of the first public hearing. Non-resident owners of
controlled rental units may pass through the cost of the assessment to tenants in
conformance with Rent Control Regulations.
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SECTION Pursuant to Public Contract Code Section 20433, the City Council
hereby finds that the public interest will not be served by allowing the property owners to
contract for' the improvements and that the City shall be responsible for letting and
administering the construction contract for this district.
SECTION 12. The City hereby declares that Community Development Block
Grant (CDBG) funds may be applied for payment of assessments on property owned by
low-to-moderate income households.
SECTION 15, 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:
fltM+~~
MARSHA JONES MOUTRIE
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Adopted -and approved this 8th of May, 2001
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9650 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 8th of May, 2001, by the
following vote:
Ayes Council members:
Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro T em Bloom, Mayor
Feinstein
Noes: Council members:
None
Abstain Council members:
None
Absent: Council members:
None
ATTEST:
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Maria M. Stewart \