R-10024
EPWM:CP:AA:PTS:\Staff Reports In Process\3_08\CC1978.DOC
Council Meeting: March 8, 2005 Santa Monica, California
RESOLUTION NUMBER 10024 (CCS)
(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 STREET IMPROVEMENTS AND DECLARING ITS
INTENTION TO CONSTRUCT VARIOUS STREET IMPROVEMENTS ON
YALE STREET AS SHOWN ON CITY DRAWING SERIES NO. 6518
WITHIN THE CITY OF SANTA MONICA
WHEREAS, the City Council of the City of Santa Monica proposes to initiate
proceedings for the establishment of an assessment district and the levy of assessments
for payment of costs of various street improvements in accordance with the requirements
of Article XIIID of the California Constitution and the Improvement Act of 1911 for the
following area in the City of Santa Monica:
District A Yale Street
Montana Avenue to Wilshire Boulevard
WEREAS, 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 thereof finds and determines that the public
convenience and necessity require the proposed street 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 the improvement proceeding is held by a
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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 design and
construction of various street improvements shown on City Drawing Series No. 6518 and
generally known as Yale Street Improvement Project on:
District A Yale Street Montana Avenue to Wilshire Boulevard
SECTION 2. The total estimated cost of the proposed street improvements is
$1,228,000. The property owners' share of the cost is estimated at $908,000.
SECTION 3. Improvements shall be conducted in accordance with the requirements
of Article X111 D of the California Constitution and the Improvement Act of 1911 (Sections
5000 et seq. of the California Streets and Highways Code).
SECTION 4. On February 1,2005 at 7:00 P.M., a public meeting was held between
City staff and affected property owners and residents to discuss plans and estimated costs
of the improvement.
SECTION 5. The proposed improvements are of more than local or ordinary public
benefit, and the City Council hereby resolves that the assessment district in the City of
Santa Monica to be benefited by the improvements be assessed the costs, less the City's
contribution of $320,000, of the improvements as hereinafter provided.
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. Sinqle-familv properties. Property.owners in this category are assessed 100%
based on the parcel frontage and cost per lineal foot. For example, if the total
project cost is approximately $195.00 per lineal foot and your parcel frontage is 50
feet, the cost estimate would be 50 feet multiplied by $195.00 per lineal foot, or
$9,750.00. All corner lots in this category, regardless of the property address, are
assessed 50% of the yard facing the improved street. For example, if the parcel's
yard facing the improved street were150 feet, the cost estimate would be 150 feet
multiplied by 50% and by $195.00 per lineal foot, or $14,625.
. Condominium and Multi-unit properties. Property owners in this category are
charged for a portion of the total project cost according to the amount of lineal feet
that the entire development fronts the improved street, divided by the number of
units in the complex. For example, given a ten-unit complex with a frontage of 50
feet and construction cost estimate of $195.00 per lineal foot, the total cost estimate
is $9,750.00. Each unit owner in this example will be assessed one-tenth of the
complex's share, or $975.00. Some corner lots are assessed 50% if the property
address is on the adjacent street.
. Non-residential properties. Property owners in this category are assessed 100%
based on the parcel frontage and cost per lineal foot. Some corner lots are
assessed 50% if the property address is on the adjacent street.
These proposed assessment amounts are equal to or less than the proportionate
special benefit cost of improvements for each parcel as identified in the Engineer's Report.
The assessment district is depicted in Drawing Series No. 6518, which are on file in the
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Office of the City Engineer. All public streets, alleys, or portions thereof, hereby are
exempt from the district.
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 of not to exceed 8% per
annum shall be issued to represent each assessment of the remaining unpaid balance for
thirty (30) days after the recording of the warrant. The Finance Director is hereby
authorized and directed to determine the actual interest rate at or prior to the time of
execution of the construction contract for the assessment district improvements. The
interest rate stated on each serial bond shall be conclusive of the Finance Director's
determination. 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 previously paid) up to the next succeeding January 2 or
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July 2, as the case may be, at the rate named in this bond, and all penalties accrued and
unpaid.
SECTION 8. Pursuant to Article XIID of the California Constitution, notice has
been given that on Tuesday, March 8, 2005, at 7:00 P.M., in the City Council Chambers
located in City Hall, 1685 Main Street, Santa Monica, California, a public hearing will be
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 has given notice of the hearing by publication in the
Los Angles Times on February 18th and February 19th, 2005.in accordance with applicable
law. 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 show their approval or opposition to the
assessment district by submitting assessment ballots before the close of the first public
hearing. Non-resident owners of controlled rental units may not pass through the cost of
the assessment to tenants.
SECTION 10. 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.
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SECTION 11. The City Council hereby determines that it is in the public interest
and more economical to do work on private property to eliminate any disparity in level or
size between the proposed district work and private work than to adjust the work on public
property to eliminate such disparity.
SECTION 12. The ballots will remain sealed until their opening by the City Clerk
or her designee on March 9, 2005 at 2:00 pm. in the City Clerk's Office located in Room
102, 1685 Main Street, Santa Monica, California Santa Monica, California, which opening
and counting of assessment ballots shall be available for public review.
SECTION 13. All actions heretofore taken by the officers and agents of the City
with respect to the transactions set forth above are hereby approved, confirmed and
ratified.
SECTION 114 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:
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Adopted and approved this 8th day of March, 2005.
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 10024 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 8th day of March, 2005, by the
following vote:
Ayes:
Council members: Mayor Pro Tem Katz, Bloom, Genser,
Holbrook, McKeown, Shriver
Noes:
Council members: None
Abstain:
Councilmembeffi: None
Absent:
Council members: Mayor O'Connor
ATTEST:
~~. ~~.~
Maria M. Stewart, ity Clerk
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