SR-506-002 (3)
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CA:RMM:rm7160
Clty Councll Meetlng 3-13-84
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Santa Monlca, Californla
STAFF REPORT
TO:
Mayor and Clty Council
FROM:
Clty Attorney
SUBJECT:
Ordinance Establlshlng Supple~ental Procedures
for Instltuting Resldential Street Lightlng
Improvements
At lts meetlng on February 28, 1984, the City Council
lntroduced for first reading an ordlnance establlshing
supplemental procedures for lnstltutlng residential street
llghtlng lMprovements.
The ordinance is now presented to the
Clty Councll for adoptlon.
RECOMf1ENDATION
It lS respectfully recommended that the accoMpanylng
ordlnance be adopted.
PRFPARED BY:
Robert M. Myers, Clty Attorney
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BEFORE DISTRIBUTION CHECK COKTENT OF ALL F IT~~~~TS A~TION
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DISTRI.BUTION OF RESOLUTION 11 ORDINA.\'CE It i' -,
CouncIl ~eeting Date
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Introduced:
2. - 2 f,' - J Y
Agenda Item it
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Adopted:
Was It amended?
* ALlIJ.J\YS Pl iBLISH ..1.DOPTED ORDIN.o\;\lCES
VOTE'
AffirI'1atlve~
)Jegative:
AbstaIn.
Absent:
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DISTRIBU-TIO:\ .
ORIGINAL to be signed, sealed and filed In Vault
NEWSPAPER PUBLICATIOK (Date:
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Department orIgInating staff report (
~anagement Services Lynne Barrette urdinances only
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Agency mentIoned In document or staff report
(certifIed ?)
Subject fIle (agenda packet) 1
Counter file
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Others:
Airport Parking Auth.
Audltorum Personnel
BUilding Dept. Planning
EnVIron. Servo Police (en-
forcement?)
Finance
Purchasing .
Fire
Recr/Parks
General Servo
Transportation
Llbrary
Treasurer
~1anager
SEND Fnup, COP IES OF ALL ORDI\AXCES TO:
CODfD SYSTEMS, Attn Peter Mac1earie
12 0 ~laln <:tr~et
AV0~1 ~ew Jersev_07717
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SEND FOUR COPIES OF AU. ORTH'-JA\f(,FS TO:
PRESIDI\G JUDGE
SA~'nA :.fO::JICA HUl\ICrPAL COURT
1725 ~AI~ STREET
SA";TA MONICA, CA 90401
TOTAL COPIES
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CA:RMM:rm7160
Councll Meeting 3-13-84 Santa Monica, California
ORDINANCE NUMBER 1300(CC5)
(Clty Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ESTABLISHING
SUPPLEMENTAL PROCEDURES FOR INSTITUTING
RESIDENTIAL STREET LIGHTING IMPROVEMENTS
WHEREAS, there exists in many multifamily neighborhoods in
the C1ty of Santa Monica the need for street light1ng: and
NHEREAS, tenants ln these neighborhoods desire the City
Councll of the City of Santa Monica to provide street lighting in
these neighborhoods; and
WHEREAS I the Cl ty of Santa Monlca is unab Ie to prov 1de
street lighting without utilizing the procedures of the
Improvement Act of 1911 which finances the costs of street
I1ghting J.mprovement through assessments against real property
benefitted by the assessments,
NOW, THEREFORE, THE CITY COUNC IL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 7160 is added to the Santa Monl.ca
Municipal Code to read as follows:
Section 7160.
Institution of
Residential Street Lighting Imrrove- ment
Proceedin9s by Tenant Petition. Whenever
the occupants of sixty percent of the
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residential un~ ts in any area pet i ti on
the City Council to institute proceedings
for res~dential street lighting
improvement, the City Counc11 shall
institute proceedinqs under the
Improvement Act of 1911 to provide
residential street 11ghting to such area.
The pet1t1on shall be on the form
approved by the Director of General
Services.
SECTION 2. Any provision of the Santa Monica "1unicipal
Code or appendices thereto inconsistent with tl1e provisions of
th1S ord1nance, to the extent of such incons istenc1es and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of th1s ordinance is for any reason held to be invalid
or unconstltutional by a decision of any court of competent
Jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Counc 11 he reby
declares that ~t would have pas sen this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared 1nva1id or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
1nval1d or unconst1tutional.
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SECTION 4.
The Mayor shall sign and the City Clerk shall
at test to the pas sage of this ordinance.
The City Clerk shall
caus e the same to be published once l.n the official news pape r
w1th1n f1fteen (15) days after its adoption. The ordinance shall
become effective thirty (30) days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS - -
City Attorney
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ADOPTED AND APPROVED THIS
13th
DAY
OF
\1 arc h
t 1984.
u:r~
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
~O. 1300 (CCS), WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 28th DAY OF February
1984; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 13th DAY OF March
1984 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, EpsteIn, Jennlngs, Press
and Zane
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Reed and ~ayor Edwards
ABSTAIN:
COUNCILMEMBERS: ~one
ATTEST:
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CITY CLERK
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PROOF OF PUB.TION
(20TS.5 C.C.P.)
STATE OF CALIFORNIA.
County of Los Angeles.
I am a cItizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or Interested in the above-entitled matter. I
am the principal clerk of the printer of the
. ...... ................... ........ ..... ...............................................
EVENIt>;G OUTLOOK
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a newspaper of general circulation, printed
DAILY EXCEPT SUNDAY
and published ........ .................... ... .......................
SANTA MONICA
In the City of ..................................
County of Los Angeles. and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California. underthedateof.~~~.~~~, 19~:..,
C 314319. .
ase Number ................, that the notice,
of which the annexed is a prmted copy (set
in type not smaller than nonpareIl). has
been published 1M each regular and entire
Issue of said newspaper and not in any
supplement thereof on the follOWing dates,
to-Wit:
March20
.......................................4....~......4.
all in the year 19.~..
1 certify (or declare) under penalty of
perjury that the foregoing IS true and
correct,
Dated at SANTA MONT CA.
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". j'f . th' 20 d fMarch 1 R4
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SI ature
Fr.. CopiH of tlUs II nk farm m.y 1M sKurH fram
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertiSing Cleanng House
POBox 3 1
Los Angeles, CA 90053 Telephone 625.2541
Please request GEii NERAL. Praof of Pullllcation
wilen orlSerm!l tlln Illrm
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ThiS space IS for unty Clerk's Filing Stamp
Proof of Publication of
i ORDINANCE NUMBER 1300tCCSt
........J (City Counctl Senes) ..
; AN ORDINANCE OF THE CITY COUNCIL OF
I THE CITY OF SANTA MONICA ESTABLISHING
. . . . . . . . i SUPPLEMENTAL PROCEDURES FOR IN.. .
! STlTUTING RESIDENTIAL STREET LlGHT-
, ING IMPROVEMENTS
I WHEREAS, there exiSts m many multlfamlly
'I neighborhoods In the City of Santa Momca the
need for street 1lghtlng. and
I WHEREAS, tenants m these neighborhoods de-
li Sire the City Council of the City of Santa Momca to
I provide street hgbtlng m these nelgbborhoods,
and
I WHEREAS, the CIty of Santa MODIca IS unable
I to provtc1e street hghtmg without utllIzmg the
procedures of the Improvement Act of 1911 which
finances the costs of street hghtmg Improvement
I tbrough assessments agamst real property I
I benefitted bv the assessments
I NOW, THEREFORE, THE CITY COUNCIL OF .
I THE CITY OF SANTA MONICA DOES ORDAIN I
AS FOIJ..OWS
SECTION 1 Sectlon 7160 IS added to the Santa
MonIca MuniCipal Code to read as follows I
Section 7160 InstitutiOn of Residential Street I
LIghtmg Improvement Proceedmgs by Tenant
'I- P@tltIonWhenevertheoccnpantsofSixtypercent.
- of the resldenbal umts m any area petitIOn the II
r City Councll to mstltute proceedmgs for residen-
tial street hghtmg Improvement, the City Councd
shall mstltute proceedmgs under the Improve-
ment Act of 1911 to proVide residential street I
)' bghtmg to such area The petltlon shall be on the i
form approved by the Director of General I
I Services I
I SECITON 2 Any provIsion of the Santa MOnica J
MuniCipal Code or appendices thereto meonSl5-
I tent With the Tlrovlslons of thIS ordmance. to the I
i extent of such mconslstenCies and no further, is
I hereby repealed or modified to that extent I
I necessary to affect the provlSlons of thiS or-
l dlnance