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R-10294Resolution of Intention City Council Meeting May 27, 2008 Page 1 of 4 Attachment 3 Document3 City Council Meeting May 27; 2008 Santa Monica, California RESOLUTION NUMBER 10294 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AN ENGINEER'S REPORT AND DECLARING ITS INTENTION TO ORDER THE FORMATION OF THE MAIN STREET BUSINESS AREA FESTOON LIGHTING AND SIDEWALK CLEANING ASSESSMENT DISTRICT AND TO LEVY AN ASSESSMENT THEREON, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Monica (the "City") has initiated proceedings to form an assessment district (the "District") pursuant to the provisions of the "Benefit Assessment Act of 1982," being Chapter 6.4 of Part 1 of Division 2 of Title 5 of the California Government Code (commencing with Section 54703) (the "Act") and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code), to fund the costs of the preservation, improvement, servicing, and maintenance of public street lighting, streets, roads, and highways of benefit to property within the District (the "Property"); and WHEREAS, the title of the proposed District shall be "Main. Street Business Area Festoon Lighting and Sidewalk Cleaning Assessment District" and; WHEREAS, the Assessment Engineer, Harris & Associates, has filed with the City Clerk of the City and the City Clerk has presented to-the City Council a report dated April 23, 2008 (the "Engineer's Report") regarding the proposed District and containing the matters specified in Section 54716 of the Act; and WHEREAS, the boundaries of the proposed District shall be as shown on the Assessment Diagram provided in the Engineer's Report; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Resolution of Intention City Council Meeting May 27, 2008 Page 2 of 4 Attachment 3 SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer's Report, including the plans, specifications, general descriptions; estimate of the cost of the improvement, financing, servicing, operation and maintenance of public decorative lighting and sidewalks (the "Improvements") and incidental expenses in connection therewith, the diagram and the proposed assessments, is hereby approved as filed and incorporated herein by this reference.. The Engineer's Report shall stand as the report for the purpose of all subsequent proceedings Under the Act and Article XIIID, except that it may be confirmed, modified or corrected as provided in the Act. SECTION 3. The City Council hereby finds that the public interest, necessity and convenience require the improvement, financing, servicing, operation and maintenance of the Improvements, and this City Council hereby declares its intention to form an. assessment district to be known as the "Main Street Business Area Festoon Lighting and Sidewalk Cleaning Assessment District." The .boundaries of the District shall cover the real property benefited by the Improvements and are as shown on and described on the map entitled "Main .Street Business Area Festoon Lighting and Sidewalk Cleaning Assessment District Assessment- Diagram" provided in the Engineer's Report on file with the City Clerk. The City Council hereby declares and finds the land within the boundaries of the District to be specially benefited by the Improvements and/or .the maintenance thereof: SECTION 4, The purpose of the District is to fund the improvement, financing, servicing, operation and maintenance of public decorative lighting and sidewalks and appurtenant equipment and facilities of benefit to the Property within the District. All improvements and work to be funded by the District shall be done in accordance with the Engineer's Report on file in the office of the City Clerk and which is hereby referred to and by this reference incorporated herein and made a part hereof. The Engineer's Report and its exhibits contain a full and detailed description of the Improvements and the maintenance thereof which may be funded by the District, the boundaries of the District and the proposed assessments upon the assessable properties in the District. SECTION 5. The District is proposed to exist in perpetuity. As set forth in the Engineer's Report, each year the maximum annual assessment rates for the festoon lighting operation and maintenahce and the sidewalk cleaning will be increased by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Riverside and Orange County areas,. published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued). The actual assessment to be levied each year will be as determined by the City Council, not to exceed the maximum annual assessment rate. If approved, the assessment will be levied beginning in FY 2008-09. 2 Resolution of Intention City Council Meeting May 27, 2008 Page 3 of 4 Attachment 3 SECTION 6. The City Council has determined that the total estimated cost of the proposed Improvements to be funded by the District is greater than can be conveniently raised from a single annual assessment and proposes that the estimated cost of any one Improvement may be determined to be collected in installments over a period not to exceed five (5) fiscal years from its initial funding, as provided ih the annual Engineer's Report for any given yeas SECTION 7. The City Council appoints July 22, 2008 at 6:45 p.m. in the Council Chambers, 1685 Main Street, Santa. Monica, California, or as soon thereafter as the matter may be heard, as the time and place for hearing protests to the proposed Improvements and maintenance thereof, the proposed levy of assessments, the amount of the individual assessments, and related matters as set forth in the Engineer's Report, and any interested person may appear and object to the Improvements, or to the extent of the District or to said proposed assessments. SECTION 8. The City Clerk is hereby directed to give notice of such hearing by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753 of the California Government Code, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots. The City Clerk shall cause notice of the public hearing to be given by mailing, postage prepaid, in the United. States mail, and such notice shall be deemed to have been given when deposited in such mail. The notice shall be mailed not less than forty- five (45) days before the date of the public hearing ordered herein. SECTION 9. The City Council designates the Economic Development Division (Tel: 310-458-8906) as the resource available to answer inquiries regarding the assessment proceedings, the assessments or the District. The Engineer's Report and other written material about the District may also be reviewed at the office of the City Clerk; 1685 Main Street, Santa Monica, California, during regular business hours. SECTION 10. This resolution shall take effect immediately. // // // // 3 Resolution of Intention City Council Meeting May 27, 2008 Page 4 of 4 Attachment 3 SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of resolutions of the City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City in the minutes of the meeting at which the same is presented. APPROVED AS TO FORM: MA Sf A JON UTRI City A orney 4 Adopted and approved this 27th day of May, 2008. fn vd - _ Pam O'Connor, Acting Mayor I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10294 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 27th day of May, 2008, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver Noes: Council members: None Abstain: Council members: None Absent: Council members: Mayor Pro Tem Bloom, Mayor Katz ATTEST: Denise Anderson-Warren, Acting City Clerk