SR 07-23-2019 3C
City Council
Report
City Council Meeting: July 23, 2019
Agenda Item: 3.C
1 of 3
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Civil Engineering
Subject: Accept Streetlighting Assessment Petition and Set a Public Hearing for the
Formation of a Streetlighting Assessment District on 9th Street Between
Marguerita Avenue and Alta Avenue
Recommended Action
Staff recommends that the City Council:
1. Accept the signed petition for the assessment district;
2. Approve the Preliminary Engineer’s Report for the assessment district;
3. Approve the Resolution of Intent, setting a public hearing on October 15, 2019 for
the formation of a streetlighting assessment district on 9 th Street between
Marguerita Avenue and Alta Avenue; and
4. Authorize the City’s 50% contribution to the assessment in the event that the
assessment district is formed after counting ballots.
Summary
The creation of assessment districts for installation of new streetlights in residential
areas is initiated by petition of the residents and/or property owners in accordance with
Santa Monica Municipal Code 7.04.860. The City received a successful petition
containing signatures of 60% of the eligible voters from residents on 9 th Street between
Marguerita Avenue and Alta Avenue. Staff recommends the City Council accept the
petition (Attachment A), approve the Preliminary Engineer’s Report (Attachment B),
adopt the Resolution of Intent for the formation of the streetlighting assessment district
(Attachment C), and set a public hearing for October 15, 2019. The estimated cost for
this project is $158,500, which includes the estimated property owner assessment of
$79,250 and the City’s estimated contribution of $79,250.
Discussion
The process of creating streetlighting assessment districts and imposing assessments
begins with a petition of the residents and/or property owners in accordance with SMMC
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7.04.860 and must comply with Proposition 218, the “Right to Vote on Taxes Act,” which
is authorized by State law under the Municipal Improvement Act of 1911.
On January 17, 2018, the City received a successful petition from residents on 9th
Street between Marguerita Avenue and Alta Avenue. The petition was verified by the
City’s Rent Control Board and is available for public review at the Public Works permit
counter at City Hall. Based on the Preliminary Engineer’s Report, the estimated project
cost to install streetlights along 9th Street between Marguerita Avenue and Alta Avenue
is $158,500. The property owners’ contribution (the assessment) would be
approximately half of the project cost, and the other half would be paid for by the City
from the existing Capital Improvement Program project for streetlighting assessment
districts (project # C0697).
Staff recommends City Council accept the petition, approve the Preliminary Engineer’s
Report, adopt the Resolution of Intent for the formation of the streetlighting assessment
district, and set a public hearing on October 15, 2019. Upon the adoption of the
Resolution of Intent, the City would mail notices of intent to form the assessment district
and hold a public hearing to affected property owners 45 days in advance of the public
hearing, in accordance with the notice and protest procedures under Proposition 218. In
addition to the notices, the City would provide affected property owners a ballot with the
option to vote for or against the assessment. A list of properties within the proposed
assessment district and the assessment district map would be available for review at
the time of the public hearing.
Eligible property owners may return their ballots by mail or deliver them to the Office of
the City Clerk prior to the close of the public hearing. At the hearing, the City Council
would hear all public comments on the proposed assessment. At the conclusion of the
public hearing, the City would tabulate the assessment ballots submitted, and not
withdrawn, in support of, or in opposition to, the proposed assessment. Tabulation of
the assessment ballots would be weighted according to the proportional financial
obligation of the affected property. No assessment would be imposed if there is a
majority of votes opposing the assessment.
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Following adoption of the Resolution of Intent and before the public hearing, the City
would notify property owners, residents, and other interested parties of a public
meeting. At the public meeting, staff would present additional streetlight construction
and assessment information. The presentation would include diagrams showing the
planned locations of the streetlights and information on the standard ornamental style
poles approved for residential streets.
Financial Impact and Budget Action
There is no immediate financial impact or budget action necessary as a result of the
recommended action. The estimated cost for this project is $158,500, which includes
engineering design, construction, construction management, and administrative costs.
Funds in the amount of $158,500 are available in the FY2019 -20 Capital Improvement
Program budget in account C0106970.689000. Over time, the City anticipates
recapturing up to 50% of project costs from homeowner assessm ents. Once the results
of the balloting are known, staff will return to Council with financial action
recommendations for the City’s contribution.
Prepared By: Robert Zak, Civil Engineer
Approved
Forwarded to Council
Attachments:
A. Petition for Street Lighting Assessment District
B. Preliminary Engineer's Report
C. PW - Reso - Street Light Assessment District - 07.23.2019
April 2019
PRELIMINARY ENGINEER’S REPORT - STREET LIGHT ASSESSMENT DISTRICT
9TH STREET, MARGUERITA AVENUE TO ALTA AVENUE
PREPARED UNDER THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911
CITY OF SANTA MONICA
In Conjunction with
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 1
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TABLE OF CONTENTS
Page
Introduction and Certifications ........................................................................................... 2
PART I Plans and Specifications ................................................................................... 5
PART II Cost Estimate ................................................................................................... 6
PART III Assessment Roll and Method of Assessment Spread ...................................... 7
Exhibit 1 - Method and Formula of Assessment Spread..................................9
PART IV Annual Administrative Assessment .................................................................14
PART V Diagram of Assessment District ......................................................................15
PART VI Description of Facilities ...................................................................................18
APPENDIX
A. LDB Cost Estimate
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 2
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INTRODUCTION AND CERTIFICATIONS
AGENCY: CITY OF SANTA MONICA
PROJECT: STREET LIGHTING ASSESSMENT DISTRICT
TO: CITY COUNCIL
ENGINEER'S "REPORT" PURSUANT TO THE
PROVISIONS OF SECTIONS 5000 TO 5026
OF THE STREETS AND HIGHWAYS CODE
The purpose of this Assessment District is to provide financing to install street lights in the area
generally bounded by 9th Street, Marguerita Avenue to Alta Avenue. The proposed Street Light
improvements will provide lighting along the street in the public right -of-way and will enhance safety,
security and protection of property.
The construction of these improvements will conform to existing City of Santa Monica standards. By
virtue of such improvements, the proposed improvements are of special and direct benefit to these
properties.
The "Improvement Act of 1911", being Division 7 of said Code, and the Resolution of Intention,
adopted by the City Council of the CITY OF SANTA MONICA, State of California, in connection with the
proceedings for Street Lighting Assessment District described herein (hereinafter referred to as the
“Assessment District”), I, Jeffrey M. Cooper, P.E., a Registered Professional Engineer of NV5, and an
authorized representative of PENCO Engineering, Inc., the duly appointed Engineer of Work, herewith
submits the “Report” for the Assessment District, consisting of six (6) parts as stated below.
PART I
This part contains the plans and specifications which describe the general nature, location and extent
for the proposed improvements to be constructed, and are filed herewith and made a part hereof.
Said plans and specifications are on file in the Office of the Superintendent of Streets.
PART II
This part contains an estimate of the cost of the proposed improvements, including capitalized
interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached
hereto.
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 3
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PART III
This part contains a proposed assessment of the total amount of the costs and expenses of the
proposed improvements upon the several subdivisions of land within the Assessment District, in
proportion to the special benefits to be received by such subdivisions from said improv ements, which
is set forth upon the assessment roll filed herewith and made a part hereof.
PART IV
This part contains the proposed maximum annual administrative assessment to be levied upon each
subdivision or parcel of land within the Assessment District to pay the costs incurred by the CITY OF
SANTA MONICA, and not otherwise reimbursed, resulting from the administration and collection of
assessments, from the administration and registration of any associated bonds and reserve or other
related funds, or both.
PART V
This part contains a map showing the boundaries of the Assessment District, and a diagram showing
the Assessment District, the boundaries and the dimensions of the subdivisions of land within said
Assessment District, as the same existed at the time of the passage of the Resolution of Intention. The
Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the
assessment.
PART VI
This part shall consist of the following information:
A. Description of facilities
This report is submitted on ______________
PENCO ENGINEERING, INC. / NV5
_____________________ April 5, 2019
JEFFREY M. COOPER, P.E. DATE
R.C.E. No. 31572
ENGINEER OF WORK
CITY OF SANTA MONICA
STATE OF CALIFORNIA
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 4
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Preliminary approval by the CITY COUNCIL of the CITY OF SANTA MONICA, CALIFORNIA, on the
____ day of ____, 2019.
___________________________
CITY CLERK
CITY OF SANTA MONICA
STATE OF CALIFORNIA
Final approval by the CITY COUNCIL of the CITY OF SANTA MONICA, CALIFORNIA, on the
_____ day of ____, 2019.
___________________________
CITY CLERK
CITY OF SANTA MONICA
STATE OF CALIFORNIA
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 5
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Part I
Plans and Specifications
The plans and specifications to construct the proposed street light improvements, and any ancillary
improvements thereof, for the area generally described as Street Lighting Assessment District bounded
by 9th Street, Marguerita Avenue to Alta Avenue, describe the general nature, location and extent of
the improvements for Assessment District are referenced herein and incorporated as if attached and a
part of this Report.
Said Plans and Specifications for the improvements are shown on the assessment diagram. Final plans
and specifications will be prepared by the City and will be on file in the office of the Superintendent of
Streets (City Engineer) when completed.
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
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Part II
Cost Estimate
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
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Part III
Assessment Roll and Method of Assessment Spread
WHEREAS, on _____________, 2019 the City Council of the CITY OF SANTA MONICA, State of
California, did, pursuant to the provisions of the Improvement Act of 1911, being Division 7 of the
Streets and Highways Code, of the State of California, adopt its Resolution of Intention, for the
installation and construction of certain public improvements, together with appurtenances and
appurtenant work in connection therewith (the “improvements”), in a special assessment district
known and designated as STREET LIGHT ASSESSMENT DISTRICT, 9th STREET, MARGUERITA AVENUE TO
ALTA AVENUE (hereinafter referred to as the "Assessment District"); and
WHEREAS, said Resolution of Intention, as required by Law, did direct the Engineer of Work to make
and file a "Report", consisting of the following as required by the Act:
a. Plans and Specifications
b. A general description of works or appliances already installed and any other property necessary
or convenient for the operation of the improvement, if the works, appliances, or property are
to be acquired as part of the improvement.
c. Cost Estimates
d. Assessment Diagram showing the Assessment District and the subdivisions of land therein;
e. A proposed assessment of the costs and expenses of the works of improvement levied upon the
parcels within the boundaries of the Assessment District;
f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land
within the Assessment District to pay the costs incurred by the City and not otherwise
reimbursed resulting from the administration and collection of assessments or from the
administration and registration of any associated bonds and reserve or other related funds.
For particulars, reference is made to the Resolution of Intention as previou sly adopted.
NOW, THEREFORE, I, JEFFREY M. COOPER, P.E. of NV5, an authorized representative of PENCO
Engineering, Inc., pursuant to Article XIIID of the California Constitution and the “Improvement Act of
1911", do hereby submit the following:
1. Pursuant to the provisions of Law and the Resolution of Intention, I have assessed the costs and
expenses of the works of improvement to be performed in the Assessment District upon the
parcels of land in the Assessment District specially benefited thereby in direct proportion and
relation to the special benefits to be received by each of said parcels. For particulars as to the
identification of said parcels, reference is made to the Assessment Diagram, a copy of which is
attached hereto and incorporated herein.
2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as
the boundaries and dimensions of the respective parcels and subdivisions of land within said
District as the same existed at the time of the passage of said Resolution of Intention, each of
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
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which subdivisions of land or parcels or lots respectively have been given a separate number
upon said Diagram and in said Assessment Roll.
3. The subdivisions and parcels of land the numbers therein as shown on the respective
Assessment Diagram as attached hereto correspond with the numbers as appearing on the
Assessment Roll as contained herein.
4. The Method of Spread of Assessment is as set forth in the exhibit identified as Part III (Exhibit I),
which is attached hereto, referenced and so incorporated.
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
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Exhibit 1
Method and Formula of Assessment Spread
Since the improvements are to be funded by the levying of assessments, the "Improvement Act of
1911" and Article XIIID of the State Constitution require that assessments must be based on the special
benefit that the properties receive from the works of improvement. In addition, Section 4 of Article
XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost
of the proportional special benefit conferred on that parcel. Section 4 provides that only special
benefits are assessable and the local agency levying the assessment must separate the general benefits
from the special benefits. It also provides that parcels within a district that are owned or used by any
public agency, the State of California, or the United States shall not be exempt from assessment unless
the agency can demonstrate by clear and convincing evidence that those pu blicly owned parcels in fact
receive no special benefit. Neither the Act nor the State Constitution specifies the method or formula
that should be used to apportion the costs to properties in any special assessment district proceedings.
The responsibility for recommending an apportionment of the costs to properties which specially
benefit from the improvements rests with the Assessment Engineer, who has been selected by the City
for the purpose of making an analysis of the facts and determining the correct apportionment of the
assessment obligation. In order to apportion the assessments to each parcel in direct proportion with
the special benefit which it will receive from the improvements, an analysis has been completed and is
used as the basis for apportioning costs to each property within the Assessment District.
Based upon an analysis of the special benefit to be received by each parcel from the construction of
the works of improvement, the Assessment Engineer recommends the apportionment of costs as
outlined below. The final authority and action rests with the City Council after hearing all testimony
and evidence presented at a public hearing, and tabulating the assessment ballots previously mailed to
all record owners of property within the Assessment District. Upon the conclusion of the public
hearing, the City Council must make the final determination whether or not the assessment spread has
been made in direct proportion to the special benefits received by each parcel within the Assessment
District. Ballot tabulation will be done at that time and, if a majority of the returned ballots weighted
by assessment amount are not in opposition to the Assessment District, the City Council may form the
Assessment District.
The following sections set forth the methodology used to apportion the costs of the improvements to
each parcel.
SPECIAL BENEFITS
In further making the analysis, it is necessary that the properties receive a special benefit distinguished
from general benefits conferred on real property loca ted in the District or to the public at large.
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 10
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The purpose of this Assessment District is to provide the financing of street lights in the affected
portions of streets within the District. These facilities service the properties within the Assessment
District.
The proposed street light improvements will provide a special benefit to the parcels connected to and
adjacent to, or in near proximity of, the facilities as follows:
The primary benefits of street lighting are for the convenience, safety, security and protection of
property.
1. Improvement to traffic circulation and reduction in night time accidents and attendant human
misery and decrease in personal property loss.
2. The deterrence of crime and the aid to police protection.
3. Increased nighttime safety on roads and highways.
4. The improved ability of pedestrians and motorists to see, which helps people safely find their
way.
5. Improved ingress and egress to lots and parcels.
6. Reduction in vandalism and other criminal acts, and reduced damage to improvements.
7. The enhancement to the value of property which results from the foregoing benefits.
By virtue of such special benefits, the proposed improvements will provide a hig her level of service,
increase the desirability of the properties and will specifically enhance the values of the properties
within the Assessment District. Therefore, the proposed improvements are of direct and special benefit
to these properties.
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
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GENERAL BENEFITS
Section 4 of Article XIIID requires that the general benefits imparted by the street lighting project be
separated from the special benefits and that only the special benefit portion of the costs of the project
be assessed against those parcels which are identified as receiving special benefits. Separating the
general from the special benefits requires an examination of the facts and circumstances of the project
and the property being assessed.
In this particular assessment district, the street lighting improvements are on a local and collector
street. None of the roadways are designated as an arterial, a major arterial or a scenic corridor in the
City's General Plan. Furthermore, the City has an established network of arterial streets whi ch appear
to function as intended to provide for the movement of traffic around and through the community at
large without the need to utilize local or collector streets for such purposes. Under these
circumstances, any use of the streets within the assessment district as ''through" streets is incidental.
The properties situated within the proposed assessment district are used exclusively as residential.
Under this circumstance, the impacts, both visual and safety, are largely isolated to those properties
(and the persons who inhabit them) which front on these local streets, with only incidental impacts on
those who visit homes within the assessment district or who pass through the assessment district on
trips originating outside the boundary and having a destination outside the boundary.
Based on these facts and circumstances, any general benefits to the property within the Assessment
District in general, to the surrounding community and to the public at large from the street light
project on the local streets and alleys, such as to the general public visiting in cars, on bikes or on foot,
are incidental and do not exceed five percent (5%) of the estimated project costs. This general benefit
portion of the cost is more than offset by the approximate 50% per cent City contribution. Therefore,
$79,250 of the $158,500 total construction cost and incidental expenses represents the local and
special benefits to the parcels within the Assessment District. Because only the net amount of $79,250
is apportioned to the parcels within the District, no parcel is assessed more than its proportional share
of the special benefits from the improvements.
METHODOLOGY
Based upon the findings described above, the special benefit received by the properties within the
boundaries of the Assessment District is installation of a street light system resulting in additional
safety, enhanced reliability, and improved aesthetics to the adjacent properties.
Based on these conditions, it is our conclusion that the improvements specially benefit all assessed
properties in the Assessment District.
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 12
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To establish the benefit to the individual parcels within the Assessment District, the highest and best
use of each property is considered. For example, a vacant property is considered developed to its
highest potential and connected to the system.
The more a property is developed, the more it benefits from the proposed improvements. All
properties within this Assessment District are zoned residential . There is a direct correlation between
the size of a property and the extent to which a property may develop. Because parcel size is one of
the main limiting factors for what can be built on a property, or the extent the property is developed,
the size of each parcel is used as the base unit for measuring benefit.
ASSESSMENT APPORTIONMENT
Each parcel will be apportioned its fair share of the construction costs based on the square footage
calculated for each property.
Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a pro-
rata basis relative to the total construction cost allocations.
The individual assessment calculations are provided in Appendix A.
In conclusion, it is my opinion that the assessments for the referenced Assessment District have been
spread in direct accordance with the special benefits that each parcel receives from the works of
improvement.
Dated: ________________
NV5 / PENCO ENGINEERING, INC.
_____________________ April 5, 2019
JEFFREY M. COOPER, P.E. DATE
R.C.E. No. 31572
ENGINEER OF WORK
CITY OF SANTA MONICA
STATE OF CALIFORNIA
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 13
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I, _____________________________ as CITY CLERK of the CITY OF SANTA MONICA, CALIFORNIA do
hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in
my office on the ___day of ____, 2019.
___________________________
CITY CLERK
CITY OF SANTA MONICA
STATE OF CALIFORNIA
I, _____________________________ as CITY CLERK of the CITY OF SANTA MONICA, CALIFORNIA do
hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was
preliminarily approved by the City Council of the CITY OF SANTA MONICA, CALIFORNIA, on
_____ day of ____, 2019.
___________________________
CITY CLERK
CITY OF SANTA MONICA
STATE OF CALIFORNIA
I, _____________________________ as CITY CLERK of the CITY OF SANTA MONICA, CALIFORNIA do
hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was
approved and confirmed by the City Council of the CITY OF SANTA MONICA, CALIFORNIA, on
_____ day of ____, 2019.
___________________________
CITY CLERK
CITY OF SANTA MONICA
STATE OF CALIFORNIA
I, _____________________________ as SUPERINTENDENT OF STREETS of the CITY OF SANTA MONICA,
CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached
thereto, was recorded in my office on _____ day of ____, 2019.
___________________________
SUPERINTENDENT OF STREETS
CITY OF SANTA MONICA
STATE OF CALIFORNIA
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 14
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Part IV
Annual Administrative Assessment
A proposed maximum annual administrative assessment shall be levied on each parcel of land and
subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by
the CITY OF SANTA MONICA, and not otherwise reimbursed, resulting from the administration and
collection of assessments, from the administration or registration of any bonds and reserve or other
related funds, or both. The maximum assessment shall not exceed fifty dollars ($50) per parcel per
year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year
ending in January, for all Urban Consumers in the Los Angeles, Riverside, and Orange County areas. The
exact amount of the administration charge will be established each year by the Superintendent of
Streets.
The annual administrative assessment will be collected in the same manner and in the same
installments as the assessment levied to pay for the cost of the works of improvement.
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Street Lighting Assessment District
Preliminary Engineer's Report
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Part V
Diagram of Assessment
A reduced copy of the Assessment Diagram is attached hereto. Full-sized copies of the Boundary Map
and Assessment Diagram are on file in the Office of the City Clerk, of the City of Santa Monica.
As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment
District and the assessment number assigned to each parcel of land corresponding to its number as it
appears in the Appendix – Assessment Calculations. The Assessor's Parcel Number is also shown for
each parcel as they existed at the time of the passage of the Resolution of Intention and reference is
hereby made to the Assessor's Parcel Maps of the County of Los Angeles for the boundaries and
dimensions of each parcel of land.
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Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 16
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APRIL 2019
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
April 2019 | 17
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City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
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Part VI
Description of Facilities
On the following page is a preliminary plan of the facilities.
City of Santa Monica
Street Lighting Assessment District
Preliminary Engineer's Report
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APPENDIX
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APPENDIX “A”
PENCO Engineering, Inc.
16842 Von Karman Avenue, Suite 150
Irvine, CA 92606
(949) 753-8111
www.pencoeng.com
Gary Solsona, PE
Project Manager
PENCO Engineering, Inc.
O: (949) 777-1580
M: (909) 234-7857
gsolsona@pencoeng.com
Jeffrey M. Cooper, PE
Director of Municipal Services
NV5
O: (949) 585-0477
Jeff.Cooper@nv5.com
In Conjunction with
City Council Meeting: July 23, 2019 Santa Monica, California
RESOLUTION NUMBER ____________(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
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
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
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
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.
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
REFERENCE:
Resolution No. 11189
(CCS)