R-10294Resolution of Intention
City Council Meeting May 27, 2008
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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
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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.
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Resolution of Intention
City Council Meeting May 27, 2008
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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.
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Resolution of Intention
City Council Meeting May 27, 2008
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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
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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