R-10027
F:\A TTY\M U N I\LA WS\MOX\ YaleAssessmentDistrictFormation'05FI NAL.doc
City Council Meeting: March 22, 2005
Santa Monica, California
RESOLUTION NUMBER 10027
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA FINDING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE CONSTRUCTION OF STREET
IMPROVEMENTS ALONG PORTIONS OF YALE STREET IN THE CITY
OF SANTA MONICA, AND ESTABLISHING AN ASSESSMENT
DISTRICT FOR THE PURPOSE OF CONSTRUCTION OF THESE
IMPROVEMENTS, AND DECLARING ITS INTENTION TO LEVY
ASSESSMENTS UPON PARCELS WITHIN THE ASSESSMENT
DISTRICT UPON COMPLETION OF THE IMPROVEMENTS
WHEREAS, the City Council of the City of Santa Monica initiated 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 13D
of the California Constitution, and the Improvement Act of 1911 (Sections 5000 et.seq.
of Streets and Highways Code) for the following area in the City of Santa Monica:
District A: Yale Street from Montana Avenue to Wilshire Boulevard
WHEREAS, in accordance with State law, notices were sent to eligible property
owners forty-five (45) days in advance of a March 8, 2005 public hearing date; and
WHEREAS, on February 1, 2005, a public meeting was held between City staff
and affected property owners and residents to discuss the location of the street
improvements and estimated costs; and
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WHEREAS, on March 8, 2005 a public hearing on the proposed assessment
districts was held before the City Council; and
WHEREAS, after all public testimony was heard, and ballots received, the
hearing was closed and further action was continued to the meeting of March 22, 2005
for purposes of announcing the certified results of the ballot procedure and whether or
not to proceed with establishment of the assessment district; and
WHEREAS, on March 9, 2005, at 2:00 p.m., ballots were opened and tabulated
before the public in the City Clerk's office and all ballots received prior to the close of
the March 8, 2005 public hearing were counted and weighted according to the
proportional financial obligation of the property to be assessed; and
WHEREAS, all weighted ballots in favor and against the proposed assessment
district have been tabulated, the ballots in favor of the assessment district exceed the
ballots against the assessment, and no majority protest exists; and
WHEREAS, the City Council of the City of Santa Monica desires to carry out the
intent of the ballot procedure by establishing the assessment district, commencing and
completing the street improvements, and levying the assessments against each parcel
within the assessment district in accordance with all requirements of law; and
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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 hereby: (i) finds that the public convenience and
necessity require the construction of the street improvements described herein and (ii)
declare that no majority protest exists and therefore hereby establish the following
assessment district and commence proceedings for the installation of street
improvements and appurtenant work on the following street within the assessment
district as more particularly shown on City Drawing Series No. 6518, which are on file in
the office of the City Engineer.
District "A" Yale Street from Montana Avenue to Wilshire Boulevard
SECTION 2. The total estimated cost of the proposed 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 the Article 13 D of the California Constitution and the Improvement Act
of 1911 (Section 5000 et.seq. of California Streets and Highways Code).
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SECTION 4. 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.
. 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.
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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 Office of the City Engineer. All public streets, alleys, or portions thereof,
hereby are exempt from the district.
SECTION 5. 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 6. Non-resident owners of controlled rental units may pass through
the cost of the assessment to tenants in conformance with Rent Control Regulations.
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 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. .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
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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 July 2,
as the case may be, at the rate named in this bond, and all penalties accrued and
unpaid.
SECTION 8. 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 9. 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:
cAu-
City Attorney
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Adopted and approved this 22nd day of March, 2005.
~
Pam O'Connor, Mayor
It Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 10027 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 22nd day of March, 2005, by the
following vote:
Ayes:
Council members: Mayor O'Connor, Bloom, Genser, Holbrook,
McKeown, Shriver
Noes:
Council members: Mayor Pro T em Katz
Abstain:
Council members: None
Absent:
Council members: None
ATTEST:
~.t~.~~
Maria M. Stewart, ity Clerk
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