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SR-507-000 (56) EPWM: CC: AA: DB: JC F:\DATA\SPFILES\SP1890\cc1890.doc Deleted: f:\data\spfiles\SP1890\CC18 90 City Council Meeting: August 13, 2002 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Setting of a Public Hearing for October 22, 2002 for the Formation of a Street Light Assessment District Introduction This report recommends that the City Council set a public hearing on October 22, 2002 at 5:45 p.m. in accordance with the Improvement Act of 1911 and Proposition 218, enacted as Article 13D of the California Constitution, for the formation of the following street light assessment districts: District ?A? Princeton Street Between Montana Avenue and Washington Avenue District ?B? Washington Between Princeton Street and Harvard Street Avenue Background In accordance with Santa Monica Municipal Code 7.04.860, whenever 60 percent of the occupants of the residential units in any area petition the City Council to institute proceedings for residential street lighting, the City Council shall institute proceedings to provide residential street lighting to the area. 1 Successful petitions (those with greater than 60 percent support) have been received from residents identified as Districts A and B. Discussion In accordance with Article 13D, notices of the proposed assessment and ballots for the street lighting improvements must be sent to all eligible voters. Recent court interpretations of Article 13D indicate that eligible voters for residential properties are residents of the streets included within the assessment district, either owners or renters; and the eligible voters for non-residential properties are owners of the properties. Ballots will be mailed out to all individuals and a public hearing will be scheduled in accordance with legal requirements. Notices of the City?s intent to form an assessment district and hold a public hearing will be mailed to eligible voters forty-five (45) days in advance of the public hearing in accordance with State law. In addition to the notice, eligible voters will receive a ballot with which they will be able to vote for or against the assessment. A list of properties and the assessment map will be available to the City Council at the time of the public hearing. Eligible voters may return their ballots by mail or deliver them to the City Clerk prior to the close of the public hearing. At the hearing, the City Council will hear all objections and protests, if any, to the proposed assessment. At the conclusion of the public hearing, the assessment ballots submitted and not withdrawn, in support of or in opposition to the 2 proposed assessment will be tabulated. No assessment will be imposed if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Tabulation of the assessment ballots will be weighted according to the proportional financial obligation of the affected property. In accordance with Council policy, all lights in residential neighborhoods are to be of the ornamental post top type. Budget/Financial Impact The cost for the project using the ornamental lights is $120,000 which includes labor, and incidental costs such as staff time for engineering surveys, design, public notifications, advertisements, construction management, inspections, and construction costs. The estimated breakdown of costs is as follows: Estimated property owner assessments $ 60,000 Estimated City contributions $ 60,000 Total project estimate $ 120,000 If the majority of the voters support the proposed assessment, funds in the amount of $60,000 are currently available in the following accounts: C01015594.589000 ?New Streetlight Systems? $ 7,988 C01015595.589000 ?New Streetlight Systems? $ 4,827 C01015599.589000 ?New Streetlight Systems? $36,943 3 C01072401.589000 ?Street & Park Light Retrofit? $10,242 Total $ 60,000 The remaining total costs for the project will be paid through property owner assessments . and held in Trust Account 80.201181 Recommendation Staff recommends that the City Council set a Public Hearing on October 22, 2002 for the proposed street light assessment districts. Prepared by: Craig Perkins, Director of Environmental and Public Works Management Anthony Antich, P.E., City Engineer Renee Cowing, Maintenance Manager Dave Britton, P.E., Principal Engineer James Creamer, P.E., Project Manager 4