SR-6-H (98)
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 29th day of October, 1991.
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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:
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C1ty Clerk