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SR-6-H (98) ~ -" ,. 6 H ~ f ." .. ..... ~ ....,.", OCT ., 0. tOG! GS:SES:LR:bat/CC24ST.tech.word " ,...,-, council Meeting: October 29, 1991 Santa Monica, California TO: Mayor and City council FROM: city staff SUBJECT: Recommendation to Accept a Petition, Approve Installation of Streetlights, and Set a PUblic Hearing for November 26, 1991 INTRODUCTION This report requests that City Council accept a petition requesting the installation of streetlights on Twenty Fourth street from wilshire Boulevard to Arizona Avenue. The report also recommends that city Council adopt the attached Resolution of Intention which sets a public hearing for November 26, 1991 and declare the City's intention to assess property owners for costs and issue bonds as security for unpaid assessments for the above street. BACKGROUND Proposed Residential streetlight District In residential neighborhoods when ci tizens wish to have streetlights installed on their block, they circulate a petition and information sheet prepared by City staff. The information sheet briefly explains the process and how each property owner will be assessed. Residential owners are assessed 50% of front footage and 20% of side footage costs, with the City paying the remaining 50% and 80%, respectively. Commercial property owners are assessed 100% of the front footage and 40% of the side footage costs, with the City paying the remaining 60%. The 6-1-1 - 1 - OCT 2::~ flqi , , successful streetlight petition contains the signatures of a minimum of sixty percent (60%) of each block's residents. After the requisite number of signatures are obtained, the petition is returned to staff. Petitions are then presented to city council and a public hearing to hear protests is set. Once the public hearing is held, project design is commenced. The project is competitively bid by private contractors and a contract awarded to the lowest responsible bidder by city Council. After award, the contractor commences construction. The majority of the streetlights in the City have been installed using this process. At the request of residents, staff prepared a streetlight petition for: TWENTY FOURTH STREET FROM WILSHIRE BOULEVARD TO ARIZONA AVENUE. Sixty six percent (66%) of residents of Twenty Fourth street from Wilshire Boulevard to Arizona Avenue requested installation of streetlights since their block does not currently have streetlights. There are 2 commercial property owners and 31 residential property owners. staff is recommending that streetlights be installed on this street for the safety and convenience of the residents. A meeting between staff and the residents requesting streetlights was held on August 14, 1991, to discuss the location of the streetlights and types of streetlights available. Rent Control staff has reviewed the petition and determined that it conforms with Rent Control Regulations for pass-through of assessments. - 2 - , Staff is presenting this petition to the City Council for acceptance and requesting that a pUblic hearing be set for November 26, 1991, to hear protests, if any, and approve the establishment of an assessment district in accordance with the Improvement Act of 1911 of the streets and Highways Code. Notices will be posted and property owners will be notified 15 days in advance of the public hearing. Copies of the petition and a map of the proposed assessment district will be available in the Council Chambers at the time of the Public Hearing. The City's portion of the assessment costs will be financed out of the annual streetlighting Capital Improvement Project. BUDGET/FINANCIAL IMPACT The total estimate for the project is $32,000.00. The estimate of the assessment costs is $27.35 per front footage. In this district the estimated costs for a residential property owner's share is approximately $550 for a 40 foot lot fronting on Twenty Fourth Street, with the City's share being an equal amount. The proposed breakdown is as follows: Commercial property owner assessments $ 3,200.00 Residential property owner assessments 1.1,700.00 City contribution 17,100.00 Total project estimate $32,000.00 Appropriation authority is available in Account No. 01.-770-453- 25491-8917-99155, "New Streetlight Systems", for the City'S contribution. Assessments paid will be held in a trust account #80-000-000-00000-9750-04289 pending payment to the contractor who installs the lights. Bonds are then issued for any unpaid - 3 - . , assessments. Bond proceeds are paid to the Contractor and the property owner(s) then payoff the bond holder (s) over time. RECOMMENDATION It is recommended that city council: 1. Accept the streetlight petition for: Twenty Fourth street from Wilshire Boulevard to Arizona Avenue; 2. Approve the formation of an assessment district for installation of streetlights on: Twenty Fourth street from Wilshire Boulevard to Arizona Avenue: and 3. Adopt a Resolution of Intention which sets a public hearing for November 26, 1991, and declare the City's intention to assess property owners for costs and issue bonds as security for unpaid assessments. Prepared by: stan Scholl, Director of General Services Tony Antich, city Engineer Attachment: Resolution of Intention - 4 - . .. RESOLUTION NUMBER 8314(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OF SETTING A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON TWENTY FOURTH STREET FROM WILSHIRE BOULEVARD TO ARIZONA AVENUE AS SHOWN ON CITY DRAWING NO. 10032, WITHIN THE CITY OF SANTA MONICA WHEREAS, the city council of the City of Santa Monica proposes to initiate proceedings under the Improvement Act of 1911 for streetlighting improvements; and WHEREAS, Section 19 of Article XVI of the California Constitutlon provides that certain specified debt limitation and majority protest provisions shall not apply, if after the giving of such reasonable notice by pUblication and posting and the . holding of such pUblic hearlng as the City council of the City of Santa Monica shall have prescribed, the City Council by no less 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, Streets and Highways Code section 2804 provides that the "Special Assessment, Investigation, Limitation and MaJority Protest Act of 1931" shall not apply to any proceedlng otherwise subject thereto when sald improvement proceeding is by a charter city and said city has complied with the provisions of Section 19 of the Article XVI of the California constitution; and - 5 - - 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. The City council proposes to initlate proceedings for the installation of streetlighting and appurtenant work on the street shown on City Drawing No. 10032 and generally known as: TWENTY FOURTH STREET FROM WILSHIRE BOULEVARD TO ARIZONA AVENUE, with1n the City of Santa Mon1ca. SECTION 2. The total estimated cost of the proposed improvement is $32,000.00. SECTION 3. Improvements shall be conducted under the Improvement Act of 1911, which 1S Division 7 of the streets and Highways Code of the state of California. SECTION 4. The proposed work or improvement in the opinion of City council of the City of Santa Monica is of more than local or ordinary public benefit, and the City Council hereby proposes that the district in the city of Santa Monica to be benef i ted by said work or improvement and to be assessed to pay one-half of the cost and expense thereof, is shown upon a certain map indicating the exterior boundary thereof, which said Drawing No. 6002A is on file ln the Office of the city Engineer. The map hereby is referred to and shall govern for all details as to the extent of said assessment district. The assessment - 6 - . distrlct includes in general the lots and parcels described in section 1 above but reference hereby 1S made to sald Drawing for all details as to the extent of said assessment district and for any variation between the last mentioned general description and the extent of said assessment dlstrict as shown on said map. All public streets or alleys, or portions thereof, hereby are excepted from said district. SECTION 5. The city will pay a portion of the cost and expenses of the work described herein, and the city Controller is authorized and directed to pay the same immediately upon confirmation of the assessment by the City Council. SECTION 6. Serial bonds bearing interest at the rate of 8.8% per annum shall be lssued 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. Said serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September 1st following thelr date. Payments on the princlpal of unpaid assessments and interest shall be made by property owners to the city Treasurer and the same shall be disbursed by him or as provided in the "Improvement Act of 1911" hereinafter referred to. In accordance with streets and Highways Code Section 6442, the first two percent delinquency penalty authorized by such section shall be retalned by the City Controller as the cost of servicing the delinquency. SECTION 7. Notice is hereby given that on Tuesday, the 26th day of November, 1991, at 7:30 p.m. , in the City council - 7 - - Chambers located in city Hall, l685 Main street, Santa Monica, California, there shall be a public hearing before said City Counc~l for the purpose of determining whether the public convenience and necessity require the above-described improvement and for the purpose of allowing any and all persons having any objections to the proposed work or improvement to appear and show cause why the said proposed work or improvement should not be carried out ~n accordance with said Resolution of Intention. Inquir1es concerning this public hearing should be directed to the Department of General Services, Engineering Division, at (213) 458-872l. SECTION 8. The City Clerk shall give notice of the hearing by posting a copy of this Resolution in the manner described by streets and Highways Code section 5065 and by pUblication as hereinafter provided. Any interested person may protest against the proposed improvement in writing filed with the City Clerk at any time not later than the hour set for the hearing 1n the manner provl.ded by streets and Highways Code Section 5220. SECTION 9. The Superintendent of streets shall cause to be conspicuously posted along the line of said contemplated work or improvement and also along all the open streets within the said district, not1ce of the passage of this Resolution of Intention in the manner and form prescribed by law. The City Clerk hereby is directed to mail notices, l.n the manner and form prescribed by law, of the adoption of this Resolution to all persons owning real property in the - 8 - . . , ~ hereinbefore described assessment district, whose names and addresses appear on the last equalized assessment roll for the city taxes or as known to the city Clerk. SECTION 10. The City Clerk hereby is directed to publish this Resolution in The Outlook on two successive dates, the first publication is to be made not less than fifteen (15) days prior to the date of the above pUblic hearing. SECTION I!. Pursuant to Public contract Code section 20433, the c~ty Counc~l hereby states that the property owners may not contract for the improvements and that the City shall be responsible for letting and administering the construction contract for this district. SECTION 12. The city hereby declares that Community Development block Grant funds may be applied for payment of assessments on property owned or resided in by low to moderate income households. SECTION l3. The City Clerk shall certify to the adoption of th1s Resolution, and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ...- ~.r"'"'C;d'~- - ~ . ROBERT M. MYERS City Attorney - 9 - . . > . Adopted and approved this 29th day of October, 1991. /1 ~ #/tp ayor I hereby certify that the foregoing Resolution No. 83l4(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on October 29th, 1991 by the following Council vote: Ayes: Councilmembers: Holbrook, Katz, Olsen, Vazquez, Zane, Abdo Noes: Councilmembers: None Abstain: councilmembers: None Absent: councilmembers: Genser ATTEST: /" ,/:' ,.~- //1 ~. j, ~~v"~~j ~/ct %~ C1ty Clerk