R-10364RESOLUTION NUMBER 10364 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CONFIRMING THE VOTES IN FAVOR OF FORMATION OF (ONE) STREET LIGHT
ASSESSMENT DISTRICT AND AGAINST FORMATION OF THE OTHER DISTRICT;
FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE
INSTALLATION OF STREET LIGHTING.
WHEREAS, petitions in compliance with Santa Monica Municipal Code Section
7.04.860 were submitted to and accepted by the City Couhcil to institute proceedings for
residential street lighting improvements under the Improvement Act of 1911 in the
following areas:
15th Street from Alta Avenue to Montana Avenue;
Urban Avenue from Yorkshire Avenue to Dorchester Avenue; and
WHEREAS, the City Council set a public hearing for November 11, 2008 to
consider whether assessment districts should be established for purposes of installation
of street lighting improvements; and
WHEREAS, in accordance with Proposition 218 Omnibus Implementation Act
(Government Code Sections 53750 et.seq.) notices of the public hearing and ballots
were mailed to all record owners of parcels in the proposed assessment districts, such
record owners being the eligible voters who may cast ballots for or against the proposed
assessment districts;-and
WHEREAS, the street lighting improvement work and costs thereof were
described in detail in the notices and the staff report prepared for the public hearing;
and
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WHEREAS, notices 'of the public hearing were also mailed to all tenants of
properties located in the proposed assessment districts; and
WHEREAS, on November 11, 2008, the public hearing was held, all testimohy
and written objections and protests to the proposed street lighting improvements and
the extent of the districts to be assessed was heard and considered by the City Council
and ballots were accepted until close of such public hearing; and
WHEREAS, the City Council directed the City Clerk to tabulate the assessment
ballots returned by the eligible voters to determine whether the votes support formation
of the proposed assessment districts; and
WHEREAS, the City Clerk has made the required tabulation of the assessment
ballots, weighted according to the financial obligation of each affected property; and
WHEREAS, a true and correct copy of the tabulation of votes is contained in the
City Clerk's canvas of ballots, attached hereto as Attachment 1 and incorporated herein
by reference; and
WHEREAS the votes'do support. the formation of a street lighting assessment
district along 15th Streeffrom Alta Avenue to Montana Avehue; and
WHEREAS, the votes do not support the formation of a proposed street lighting
assessment district located along Urban Avenue from Yorkshire Avenue to Dorchester
Avenue; and
WHEREAS, 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 and the holding of such public hearing as the City
Council of the City of Santa Monica shall have prescribed, the Gity Council, by no less
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than four-fifths vote of. all members thereof finds. and determines that the public
convenience and necessity require the proposed improvements to be made; and
WHEREAS, California 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 charter city and the City has complied with the provisions of
Section 19 of Aiticle 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. An assessment district for purposes of installation of street
lighting improvements is hereby established in the following area:
District A - 15th Street from Alta Avenue to Montana Avenue
SECTION 2. The total estimated cost of the proposed improvements is
$1$0,000. The property owners' share of the total cost is estimated at $77,746.
SECTION 3. The public interest and convenience requires, and the City
Council of the City of Santa Monica hereby orders, the work described in the Engineer's
Report, on file in the City Engineer's Office, to be performed in the district described
above. Any and all of said protests and objections of every kind and nature to the
proposed work or to the extent of the district to be assessed be, and. the same are
hereby, overruled and denied.
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SECTION 4. The City Council hereby finds and determines further that the
"Special Assessment Investigation, Limitation, and Majority Protest Act of 1931" shall
not apply to the making of said improvements.
SECTION 5. The City Council authorizes improvements to be constructed in
accordance with the provisions of the Improvement Act of 1911 (the "Act"), set forth in
Division 7 of the Streets and .Highways. Code of the State of California and further
authorizes the issuance of bonds for in the amount of the parcel assessments in
accordance with the Act.
SECTION 6. 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 a portion of the
costs of the improvements as hereinafter provided. In accordance with past City policy,
the proposed assessment spread for streetlights is:
TYPE OF
PROPERTY TYPE OF
FOOTAGE CITY
SHARE PROPERTY
SHARE
RESIDENTIAL FRONT FOOTAGE 50% 50%
SIDE FOOTAGE 80% 20%
NON-RESIDENTIAL FRONT FOOTAGE 20% 80%
SIDE FOOTAGE 60% 40%
These proposed assessment amounts are equal to or less than the proportionate
special benefit cost of streetlight for each parcel as identified in the Engineer's Report.
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The assessment districts are depicted in Drawings No. 10109-A, Sheets 1 and 2, which
are on file in the Office of the City Engineer.
All public streets, alleys, or portions thereof, hereby are excepted from the
district.
SECTION 7. Serial bonds bearing interest at the rate equal to the prime rate,
but not exceeding 8 % per annum, shall be issued to represent each assessment of One
Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days after the
recording of the warrant. Each serial bond shall extend over a period ending nine (9)
years from the second day of January next succeeding the next September- 1st
following its date. Property owners shall make payments on the principal of unpaid
assessmehts 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. This bond may be redeemed by paying. to the
Treasurer for the holder of this bond the amount then unpaid on the principal sum,
together with a premium of five percent (5%) of said non-matured 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.
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SECTION 8. After the bid package has been prepared, the City Clerk hereby
is directed to post a notice for five days on or near the door of the City Council
Chambers of the City Hall inviting sealed proposals or bids for doing the work ordered
and referring to the specifications on file and to publish a notice inviting such proposals
for two days in a newspaper published and circulated in said City.
SECTION 9. Properties will be assessed for the street lighting improvements
based upon the parcel front or side footage. Property owners will have the option either
to pay their assessments for the improvements in full upon completion of construction or
to repay the bondholders in installments over aten-year period, which installments will
include interest equal to the prime rate, but not exceeding 8% per annum, over the term
of such bonds.
SECTION 10. The City Council shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
a
Ma ha J Moutrie
Cit Atto e
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Adopted and approved this 25th day of November, 2008.
Richard Bloom; Mayor Pro Tem
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10364 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 25th day of November, 2008, by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor
Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Shriver
Mayor Katz
ATTEST:
Maria Stewart, City Clerk