R-10325F:\MunicipalLaw\Share\LAWS\MOX\Property Based Assessment Districts\Main
Street\FormationResolution.doc
City Council Meetirig: July 22, 2008. Santa Monica, California
RESOLUTION NO. 10325 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CALIFORNIA, APPROVING THE FORMATION OF THE
MAIN STREET BUSINESS AREA FESTOON LIGHTING AND
SIDEWALK CLEANING ASSESSMENT DISTRICT AND APPROVING
AND CONFIRMING THE LEVY OF ASSESSMENTS FOR SAID
ASSESSMENT DISTRICT
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 Consfitution 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, on May 27, 2008, the City adopted Resolution No. 10294 (CCS) declaring
its intention to set a public hearing to consider the formation of the Main Street Business Area
Festoon Lighting and Sidewalk Cleaning Assessment District, approved the final Engineer's
Report prepared by the Assessment Engineer, Harris & Associates (the "Engineer's Report")
regarding the proposed District and containing the matters specified in Section 54716 of the Act,
and authorizing the City Manager and Parking Authority Executive Director to affirmatively sign
ballots on behalf of City and Parking Authority owned properties; and
WHEREAS, following notice duly given in accordance with applicable law, the City
Council held a full public hearing on July 22, 2008, at the time and place appointed therefore
regarding the proposed formation of the District, the proposed levy of the assessments and the
Engineer's Report; and
WHEREAS, the City Council considered all oral and written statements, protests and
communications made or filed by any interested persons; and
F:\MunicipalLaw\Shaze\LAWS\MOX\Property Based Assessment Districts\Main
Street\FormationResolution.doc
City Council Meeting: July 22, 2008 Santa Monica, California
WHEREAS, following the conclusion of the public hearing, assessment ballots received
by the City were tabulated by the City Clerk and a majority protest did not exist;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct
Section 2. The City Council finds and declares that a majority protest does not exist
as to the formation of the District, the approval of the Engineer's Report or the levy of the
assessments.
Section 3. Based on its review of the Engineer's Report, and other reports and
information presented to the City Council, the City Council hereby finds and determines that the
land within the bistrict will be benefited by the improvements and services, the District includes
all land so benefited and the net maximum amounts to be assessed upon the land within the
District is apportioned by a method and formula which fairly distributes the net maximum
amounts among all assessable lots or parcels in proportion to the estimated benefits. to be
received by each such lot or parcel from the improvements and services.
Section 4. The Main Street Business Area Festoon Lighting and Sidewalk Cleaning
Assessment District is hereby formed. The diagram of the District as shown in the Engineer's
Report is hereby confirmed and shall constitute the boundaries of the District.
Section 5. 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.
Section 6. The City Council declares that the assessments in the Engineer's Report
are hereby confirmed as filed and as provided in the Engineer's Report and, subject to the
permitted escalation factor, shall constitute the maximum assessments which may be levied in
any fiscal year. The adoption of this Resolution constitutes the levy of the assessments for fiscal
year 2008-09 as shown in the Engineer's Report. Notwithstanding the above, prior to July 31;
2008, the Assessment Engineer shall determine if any updates to the Assessment roll are.
required, and shall modify the assessment roll accordingly. Such modified assessment roll, if
any, shall then govern the amount of the assessments for fiscal year 2008-09.
Section 7. The assessments are in compliance with the provisions of the Act and the
improvements and maintenance thereof shall be performed pursuant to law.
Section 8. The City Clerk is hereby authorized and directed to file a certified copy of
this Resolution and the assessment roll with the County Auditor of the County of Los Angeles.
Thereupon, the County Auditor shall enter on the County roll the assessments for fiscal year
F:\MunicipalLaw\Share\LAWS\MOX\Property Based Assessment Districts\Main
Street\FormationResolution.doc
City Council Meeting: July 22, 2008
Santa Monica, California
2008-09, and said assessments shall be collected at the same time and in the same manner as
County taxes. are collected.
Section 9. A special fund is hereby established to be called the "Main Street Business
Area Festoon Lighting and Sidewalk Cleaning Assessment District Fund" into which all monies
collected in connection with the District shall be placed and used in accordance with the
provisions of this Resolution, the Engineer's Report and the law. Assessments related to the
improvements and the maintenance thereof shall be deposited therein and used in accordance
with the law.
Section 10. This resolution shall take effect immediately.
Section 11. The City Glerk 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:
7
MA HA J .S MOU(,RIE
Ci ttorne
Adopted and approved this 22"d day of July, 2008.
Herb Katz,
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10325 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 22"d day of July, 2008, by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor,
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain: Council members: Shriver
Absent: Council members: None
ATTEST:
Maria Stewart, Grity Clerk