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czTY of sArrTA MorrzcA
June 29, 1~4
~. A. Herd, Acting City Mager
Bartlett L, Kennee~y, City ~:$ineer
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Street Lighting on 26th Street, R3arthtiaest of 4~ontana Avenue.
As y<?U knew, the YJidG'ning OF 26tia. wtr@~t, yram wari
Gicente Boulevard to Coloreds Avenue, is an approv~rd+t~asoiine
fax pray.„ect and is curr~4gnq,,tlyyy,.. schedu•led far clolnstructgian in
ley. IY! eanneatian witdt tdd~. wid~rnin~, the ~aBt+Br Plsn ai
Fub33c marks provides far the installation of modern ligYating
if $p[1raYe{~. by t$e ~^^.bt8tting property awner8,
A peculiar situation exists between Mant8n8 Avenue
and wan V'ieerste Boulevard. In this area the: northeast pro~rty
line of the street is the Santa panics-Los Angeles boundary line.
'Pherefare residents of Los Angeles will be assessed for the
lighting iaprr~vement elthaugts the entire improvement is Irt Santa,
B~onica,
In line with present Cauneil policy, one-help of the
cost of conata~-~zction would be borne by the City. 1Tie City
Attorney hsa ruled that this benefit would have to be extended
to the Los Angeles property awn€:rs on the Hartbeest side of the
street. ~ espy of the City Attorney's ruling is attached hereto.
Friar to initiating s post card survey to deteavjins
the property owners wishes relative to street lighting., it is
necessary far me to ktxow vrhether the Council wishes to pay
one-half of the assessment to be levied against the property
owners an the Las Angeles side of the street. If Hat, then
that partioH of c~th Street from San Vicente Boulevard to
BltantanA Avenue will be deleted frasn the proposed pro~sct.
It is x~quested that the City Council be ree;~tested
to indicate its wishes in this matter so that this ofxice may
proceed witka the survey questionnaire.
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City Bngineer
Attschment
CITY OF SANTA MOPdICA
~~~~~~~~~Q~ ~~~~~ ~~~
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DATE: 17 June 1964
T0: Dart Kennedy, Director of Public T~7orks
FR'Ji~iL: R. G. Coc'.~ins, City Attorney
SiTE3ECT: Street Lighting on Twenty-sixth Street, Northwest of Montana
Avenue
Problem: The City of Santa Monica contemplates installation
of "residential type" strut lighting on Twenty-sixth Street
between Montana Avenue and the northerly boundary of the City.
lwaent_y-sixth Street is the easternmost street in Santa Monica
at this location. The street itself is located in, and thus
ovrned by, fire City of Sa.rta i•ionica. However, all the proper-
ties on the easterly side of this street are located in the
City of Los Angeles. A11 wank to be done, being installation
of street lights in the sidewalk, will be done within the City
of Santa Monica, but the properties benefited will include the
lots in Los Arceles.
It is the policy of the City of Santa 4onica to pay
one-half of the test cf °'residential" street lighting from the
City Treasury, t'.ne balance is paid for by the properties bene-
fited under "Tile Improvement Act of 1911."
,ire paraphrase your inquiries as follows:
1. In creating the, district and ordering the work done,
~r.>hat p-rocedu-re should be followed to include the Los Angeles
City properties in the district to be benefited?
2. day the Los Angeles City properties be assessed any
differently s"-nom the Santa Monica properties, nee will the
City of Santa Monica ae farted to pay one-hall" of the cost
of the work for the City of Los Angeles properties`: (The City
of Los Angeles, as a matter of their policy, will pay none of
the cost of -this-mprovement from their treasury.)
Conclusion:
1. To include the lots in Los Angeles City in the as-
sessment district it will merely be necessary to obtain the
consent of the City Council of the City of Los Angeles, and if
th9_s is obtained, the balance of the 1911 procedure may be fol-
1~,aed the same as though all the property were located in Santa
_fonica.
a'rt i~eTi"P,2dV
page Iwo
2. ^1 he properties in Los P.ngeles City must 'pe assessed
cn the same basis as -chose in Santa Monica. 2f the City of
Santa P~'onica is to pay cne-half the cost for the Santa Monica
properties, it wi11 'nave to pay one-half the cost for the City
of Los Angeles properties.
Discussions
_. Sections 5115 through 5118 of the Streets and Highways
Code furnish authority to extend the work to be done under the
'1911 ACt" a?id tr?e aSSeSSment therefor beyond the C1ty 11m1tS.
Section 5115 grants the "legislative body full power and au-
thority 'co extend the work on t'ne boundaries of the district
to be assessed therefor beyond the territorial limits of the
citv."
'_~o~-aeve-r, under Section 5118, the consent of the City
Council of t:^_e City of Los P.ngeles must be obtained, based on
the "p-~orosed resolu~cion of intention" prior to the resolution
of intention being adopted. N~7hen and if such consent is ob-
ta_nea, the City CCUnC1l of Santa ~ipniCa may then proceed as
t^OU~j''L'_ all the p:fopei ty were in Santa `on3Ca. F'OY the puYiJOSe
of the "1911 Act" _roceedings, all of the lots within the as-
SeSSment d1St'riC"~ ar C- "Sa'P.ta I~ion7.C a" lOt$.
A;'?c _ roces'~s received from City of Los Angeles property
owners wi11 i;ave to bc- counted in computing the percentage of
protests.
2. under Section 5343, the individual assessments must
be "in proportior_ to the estimated benefits to be received by
each of the said several lots or parcels of iand_" Though
"benefits" 'r_2eu nct necessarily be in proportion to lot or
parcel area, __~ appears clear that we could not support an as-
sess-ent~ o_. "~''._c-- Los Arg'eies lots twice the amount of the Santa
i~SOnica =ats. -t is clear that the lots on either side of
i°,a:;nt°,r-Sixtil Street would be benefited equally.
''e also cannot me-relrT contribute to the cost applicable to
....~ Santa P%onica properties.
Section Silo authorizes the City to contribute to the "costs
and expenses of the work." Though this section is new (enacted
1963j and has never been interpreted, the quoted phrase is in-
dicative that our contribution must be to the total cost of the
wo-r',_, and rot to the assessments. In other words, our con-
/ir/~~
3urt ~?c^nedv
~ributior_ cones "o=i the top" and the balance remaining un-
paid is to be distributed '°in proportion to the estimated
LJ."'.nG-i1tS. "
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///City Attorney
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