R11189City Council Meeting: July 23, 2019 Santa Monica, California
RESOLUTION NUMBER 11189 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, CALIFORNIA, DECLARING ITS INTENTION TO
TAKE PROCEEDING PURSUANT TO THE MUNICIPAL
IMPROVEMENT ACT OF 1911 AND MAKE CERTAIN FINDINGS
AND DETERMINATIONS IN CONNECTION THEREWITH, ALL
RELATING TO THE FORMATION OF A STREETLIGHT
ASSESSMENT DISTRICT FOR 9TH STREET, MARGUERITA
AVENUE TO ALTA AVENUE
WHEREAS, the City Council of the City of Santa Monica (the “City”)
desires to provide certain property located in the City with street lights as further
described in Section 3 hereof (the “Improvements”) and to order the formation
of an Assessment District to pay the costs thereof under and pursuant to the
provisions of the Municipal Improvement Act of 1911 (the “1911 Act”); and
WHEREAS, the proposed Assessment District, if it is formed, is to be
known and designated as the Streetlight Assessment District For 9th Street,
Marguerita Avenue to Alta Avenue, in the City of Santa Monica, California (the
“Assessment District”); and
WHEREAS, the proposed boundaries of the Assessment District are
shown on a map which identifies by a boundary line the extent of the territory
proposed to be included in the Assessment District, which map is designated
“Boundary of Proposed Assessment District 9th Street, Marguerita Avenue to
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Alta Avenue” (the “Map”), which Map is on file in the office of the City Clerk;
and
WHEREAS, the City Council has been presented with petitions signed
by the occupants of 60% of the residential units located within the boundaries
of the proposed Assessment District requesting the formation of the
Assessment District to finance the Improvements; and
WHEREAS, it appears to the City Council that an Assessment District
should be formed to finance the installation of said Improvements under the
provisions of the 1911 Act; and
WHEREAS, the City Engineer, with the assistance of PENCO
Engineering, Inc., is competent to make and file with the City Clerk the report
with regard to the Improvements, which report is required by the 1911 Act to be
made and filed; and
WHEREAS, the installation of street lights is categorically exempt from
the California Environmental Quality Act (Public Resources Code Section
21000 et seq.) (“CEQA”) and its implementing guidelines (14 California Code
of Regulations Section 15000 et seq.) (the “Guidelines”) pursuant to Sect ion
15303 and 15311 of the Guidelines; and
WHEREAS, before ordering the Improvements, the City Council is
required, under the 1911 Act, to adopt a resolution declaring its intention to do
so; and
WHEREAS, a public hearing shall be held on October 15, 2019, at 5:30
p.m., at the Council Chambers of City Hall located at 1685 Main Street, Santa
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Monica 90401, at which time any and all persons having any objections to the
proposed installation of the Improvements may appear before City Council to
protest the installation of the Improvements and the formation of the
Assessment District.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals, and each of them, are true and
correct.
SECTION 2. Approval of Map. The Map is hereby approved, adopted
and declared to describe the proposed boundaries of the Assessment District.
The City Clerk is hereby directed to endorse her certificate on the original of the
Map evidencing the date and adoption of this resolution and to file said Map in
her office, and to file a copy of said Map so endorsed with the County Recorder
of Los Angeles, California within fifteen (15) days after the adoption of the
resolution fixing the time and place of hearing on the formation and extent of
the Assessment District.
SECTION 3. Nature of Improvements. The Improvements generally include
the installation of street lights and ancillary improvements in the area generally
bounded by 9th Street, Marguerita Avenue to Alta Avenue and appurtenant work
therewith as shown on the Map. The Improvements will be designed by PENCO
Engineering, Inc. (“Penco”). The City will use a contractor to construct the
improvements, and the City will inspect the work to ensure conformance to City
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standards and specifications where applicable. Once installed, the
Improvements will become the property and responsibility of the City.
SECTION 4. Public Interest and Necessity. The City Council hereby finds
and declares that the public interest and necessity require the Improvements,
and the Improvements will be of direct and special benefit to the properties and
land within the Assessment District. The City Council hereby declares its
intention to order the street lights and cause the installation of the street lights,
and to make the expenses thereof chargeable upon the area included within
the Assessment District, and to form Assessment District.
SECTION 5. Intention to Levy Assessment. The City Council further
declares its intention to levy a special assessment upon the land within the
Assessment District in accordance with the respective special and direct benefit to
be received by each parcel of land from the Improvements.
SECTION 6. Initiation Proceedings. The City Council finds and determines
that before ordering the acquisition of the Improvements it shall take proceedings
pursuant to the 1911 Act and pursuant to Government Code section 53753
(“Proposition 218”).
SECTION 7. Assessment Engineer Report. PENCO Engineering, Inc. is
appointed the Assessment Engineer. The Assessment Engineer is hereby
authorized and directed to make and file with the City Clerk a written report with
regard to the 1911 Act (the “Report”) and shall contain the following:
(a) Plans and specifications for the Improvements;
(b) A general description of works or appliances already installed and
any other property necessary or convenient for the operation of the
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Improvements, if the works, appliances or property are to be acquired as part
of the Improvements;
(c) An estimate of the cost of the Improvements, and the cost of land,
rights of way, easements, and incidental expenses in connection with the
Improvements, as applicable;
(d) A diagram showing the exterior boundaries of the Assessment
District and the lines and dimensions of each parcel of land within the
Assessment District as they existed at the time of passage of this resolution
(each subdivision to be given a separate number on the diagram);
(e) A proposed assessment of the total amount of the cost and
expenses of the proposed Improvements upon the parcels of land within the
Assessment District in proportion to the estimated benefits to be received by
such parcels, respectively, from the Improvements (the assessment shall refer
to the parcels by their respective numbers assigned as provided in (d) above);
and
(f) A proposed maximum annual assessment upon each of the
parcels in the Assessment District to pay costs incurred by the City and not
otherwise reimbursed which result from the administration and collection of
assessments or from the administration or registration of any associated bonds
and reserve or other related funds.
SECTION 8. Compliance with the 1911 Act. Except as specifically
otherwise provided for herein, the Improvements shall be made and ordered
pursuant to the provisions of the 1911 Act.
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SECTION 9. Exemption from CEQA. Pursuant to Section 15303 and
15311 of the Guidelines, the installation of the Improvements will have no
significant effect on the environment and is categorically exempt from CEQA.
The City Clerk is directed to cause a notice of exemption to be posted as
required by law.
SECTION 10. Inquiries. All inquiries for any and all information relating
to these proceedings, including information relating to protest procedures,
should be directed to:
CITY OF SANTA MONICA ENGINEERING DIVISION
Attention: Robert Zak
1437 4th Street, Suite 300
Santa Monica, California 90401
(310) 458-8721
SECTION 11. The City Clerk shall certify to the adoption of this
Resolution, and thenceforth and thereafter the same shall be in full force and
effect.
APPROVED AS TO FORM:
_______________________
LANE DILG
CITY ATTORNEY
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Adopted and approved this 23rd day of July 2019.
__________________________
G l e a m D a v i s , M a y o r
I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11189 (CCS) was duly adopted at a meeting of the
Santa Monica City Council held on the 23rd day of July 2019, by the following vote:
AYES: Councilmembers Himmelrich, Jara, Morena, Winterer
Mayor Davis, Mayor Pro Tem O’Day
NOES: None
ABSENT: Councilmember McKeown
A T T E S T :
_____________________________________
N i k i m a N e w s o m e , A s s i s t a n t C i t y C l e r k
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