SR-506-002 (7)
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CA:RMM:rmimprov
City Council MeetIng 12-4-84
Santa MonIca, California
STAFF REPORT
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TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance AddIng Municipal Code
Section 7111 to Provide That All Payments
Under the Improvement Act of 1911 Be
Made to the City of Santa Monica and
Amending Ordinance Number 1300 (CCS)
Relating to Street Lighting Petitions
At its meeting on November 13, 1984, the City Council
introduced for first reading the accompanying ordinance. The
ordinance is now presented to the City Council for adoption.
The City of Santa Monica undertakes various activities
under the Improvement Act of 1911.
In most situations, the
City
invokes the provisions of Chapter 22 relating to
maintenance
of
sidewalks
and
Chapter 27 relating to
construction of sidewalks, curbs and other improvements. Both
of these Chapters provide various methods of paying for the
costs of improvements including assessments, liens, collection
with taxes and issuances of bonds. All collection activIties
are undertaken directly by the City.
In other situations, the City utilizes the regular and
more complex provisions of the Improvement Act of 1911. For
example, the street lighting proceedings recently commenced
were
initiated
under
these
procedures.
Under these
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procedures, when the contractor has completed Installation of
the improvements, it is the initial responsibility of the
contractor to bill the private property owners for payment.
When payment is not made within thirty days, the City issues
bonds and assumes all collection activity. In the opinion of
City Staff, the initial billing by private contractors for
public
improvements
creates confusion with the public.
Accordingly,
pursuant to the authorization contained in
Streets and Highways Code Section 5396, the accompanying
ordinance has been prepared to provide that the initial
billing responsibility shall rest with the Superintendent of
Streets rather than with the private contractor.
On a related subject, the City Council adopted Ordinance
Number 1300 (CCS) on March 13, 1984, adding Section 7160 to
the Santa Monica Municipal Code relating to institution of
ReSidential Street Lighting Improvement Proceedings by tenant
petition.
The section should have been numbered 7170 rather
than 7160.
The accompanying ordinance makes the necessary
technical correction required.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Hyers, City Attorney
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION #
FOR CTTY.CfERK'S ACTION
ORDINANCE # /3.;'1 6
Introduced ~ 10 ?/cy
Adopted ~ /;j/y/;r Y
AT..WAYS PUBLISH AIX)Yllill ORD:!NAN(RC:*
*Cross out Attorney r s approval
Agenda Item #
/~/7'lrV
{;-v
Council Meetlng Date
Was lt amended?
/Vo
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VOTE: Affirmative:
Negative~
Abstain~
Absent~
DISTRIBUTION~
ORIGINAL to be signed, sealed and filed In Vault.
NEWSPAPER PUBLICATION (Date:
) .1:.-
)
only 1
.
Department originatlng staff report (
Management Serv~ce$ J.,ynne Bar:re_tte- -_ ?rdin~nce.s
Agency mentloned in document or staff report
(certified?)
SubJect flle (agenda packet) 1
Counter file 1
Others-:
-
Alrport Parking Auth.
Audltorum Personnel
Building Dept. Planning
Envlron. Servo Police (en-
forcement ?)
Finance
Purchasing .
Fire
I Recr/Parks
General Servo
Transportation
LIbrary
Treasurer
Manager
\
SEND FOUR COPIES OF-ALL QRDINANCES'TO:
COD~D SYSTEMS, Attn Peter Maclearie
120 Nain.~tr~et ~
AVOTl1 NE1w' Jersey_07717. _
SEND F8UR COPIES OF AT.T~ ORDn~At-J('J:~ .xO:
PRESIDING JUDGE
SANTA MONICA MUNICIPAL COURT
l725 MAIN STREET
SANTA MONICA) CA 90401
- *Check Code Sections before sending.
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TOTAL COPIES
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CA:RMM:rmimprov
City Council Meeting 12-4-84
Santa Monica, California
ORDINANCE NUMBER 1320(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 7171 TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO
PAYMENTS TO THE STREET SUPERINTENDENT UNDER
THE IMPROVEMENT ACT OF 1911 AND AMENDING SECTION
7160 OF THE SANTA MONICA MUNICIPAL CODE, AS
ADOPTED BY ORDINANCE NUMBER 1300 (CCS), TO
RENUMBER THE SECTION AS 7170
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1.
Section 1111 is hereby added to the Santa
Monica Municipal Code to read as follows:
Section
7111.
Payments
to
Street Suoerintendant.
Pursuant to
Street and Hlghways Code Section 5396,
all payments made upon any assessment
and warrant within thlrty (30) days of
the recordation thereof under the
Improvement Act of 1911 shall be made
to the Superintendents of Streets, who
shall mail a statement to each owner
of real property within the assessment
district whose name appears on the
last equalized assessment roll, at the
address appearing on sald roll or on
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file in the office of the Clerk, or to
both such addresses, if they are not
the same. The statement shall contain
a designation of the property assessed
by
street
number, or some other
description sufficient to enable the
property
owner
to
identify
the
property, statement of the amount of
the assessment, and the time and place
of payment, the effect of failure to
pay within such time and that, if
bonds are to be issued, a statement of
that fact, designating the provisions
of law pursuant to which such bonds
are to be issued.
SECTION 2. Section 7160 of the Santa Monica Municipal
Code, as adopted by Ordinance Number 1300 (CCS), is renumbered
as Section 7170 to read .s follows:
Section 7170.
Institution of
Residential
Street
Liahtina
Imorovement
Proceedines
bv Tenant
Petition.
Whenever the occupants of
sixty percent of the residential units
in any area petition the City Council
to
institute
proceedings
for
residential
street
lightin.g
improvement, the City Council shall
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institute
proceedings
under
the
Improvement Act of 1911 to provide
residential street lighting to such
area.
The petition shall be on the
approved by the Director of
form
General Services.
SECTION 3. Any provision of the Santa Honica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent
necessary to affect the provisions of this ordinance.
SECTION
4 .
If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held to
be invalid or unconstitutional 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
Council hereby declares that it would have passed this
ordinance and each and every section, subsection, sentence,
clause or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
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The Hayor shall sign and the City Clerk
SECTION 5.
shall attest to the passage of this ordinance. The City Clerk
shall cause the same to be published once in the official
newspaper within 15 days after its adoption. The ordinance
shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT H. HYERS ~
City Attorney
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Adopted and approved thIS 4th day of December 1984.
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I Mayor ---
I hereby certIfy that the foregoing Ordinance No. 1320(CCS)
was july and regularly introduced at a meeting of the CIty
COUDell on the 13th day of November 19B4; that the said Ordlnance
was thereafter duly adopted at a meetIng of the CIty Councll on
the 4th day of December 1984 by the folloWIng Council vote:
Ayes: Councllmembers: Conn, Edwards, EpsteIn, JennIngs,
Katz, Zane and Mayor Reed
Noes: Councilmembers: None
AbstaIn: Councllmembers: None
Absent: Councilmembers: None
ATTEST:
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Ci ty!Clerk