R112131
City Council Meeting: November 12, 2019 Santa Monica, California
RESOLUTION NUMBER 11213 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, CALIFORNIA, CONFIRMING THE VOTES IN
FAVOR OF FORMATION OF A STREETLIGHT ASSESSMENT
DISTRICT ON 9TH STREET BETWEEN MARGUERITA AVENUE
AND ALTA AVENUE, FINDING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRES THE
INSTALLATION OF STREET LIGHTING.
WHEREAS, a petition in compliance with Santa Monica Municipal Code
Section 7.04.860 was submitted to and accepted by the City Council to institute
proceedings for residential street lighting improvements under the Improvement
Act of 1911 on 9th Street from Marguerita Avenue to Alta Avenue (the “Assessment
District”); and
WHEREAS, the City Council set a public hearing for October 15, 2019 to
consider whether an assessment district should be established for purposes of
installation of street lighting improvements within the Assessment District; and
WHEREAS, in accordance with Proposition 218 Omnibus Implementation
Act (Government Code Sections 53750 et seq.), notices of the public hearing and
ballots were mailed to all record owners of parcels within the Assessment District,
such record owners being the eligible voters who may cast ballots for or against
the Assessment District; and
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WHEREAS, the street lighting improvement work and costs thereof were
described in detail in the notices and the staff report prepared for the public
hearing; and
WHEREAS, on October 15, 2019, the public hearing was held, all testimony
and written objections and protests to the proposed street lighting improvements
and the extent of the Assessment District to be assessed were heard and
considered by the City Council, and ballots were accepted until close of such public
hearing; and
WHEREAS, the City Council directed the City Clerk to tabulate the
assessment ballots returned by the eligible voters to determine whether the votes
support formation of the Assessment District; and
WHEREAS, the City Clerk has made the required tabulation of the
assessment ballots, weighted according to the financial obligation of each affected
property; and
WHEREAS, a true and correct copy of the tabulation of votes is contained
in the City Clerk’s canvas of ballots, attached hereto as Attachment A and
incorporated herein by reference; and
WHEREAS, the votes support the formation of a street lighting assessment
in the Assessment District; and
WHEREAS, Section 19 of Article XVI of the California Constitution provides
that certain specified debt limitation and majority protest provisions shall not apply
if, after the giving of reasonable notice and the holding of such public hearing 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
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the public convenience and necessity require the proposed improvements to be
made; and
WHEREAS, California Streets and Highways Code Section 2804 provides
that the “Special Assessment Investigation, Limitation, and Majority Protest Act of
1931” shall not apply to any proceeding otherwise subject thereto when the
improvement proceeding is held by a charter city and the City has complied with
the provisions of Section 19 of Article XVI of the California Constitution; and
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 HEREBY RESOLVE AS FOLLOWS:
SECTION 1. An assessment district for purposes of installation of street
lighting improvements is hereby established in the following area: 9th Street from
Marguerita Avenue to Alta Avenue.
SECTION 2. The total estimated cost of the proposed street lighting
improvements is $158,500. The property owners’ share of the total cost is
estimated at $79,250.
SECTION 3. The public convenience and necessity require, and the City
Council of the City of Santa Monica hereby orders, the work described in the
Engineer’s Report, on file in the City Engineer’s Office, to be performed in the
district described above. Any and all of said protests and objections of every kind
and nature to the proposed work or to the extent of the district to be assessed be,
and the same are hereby, overruled and denied.
SECTION 4. The City Council hereby finds and determines further that the
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“Special Assessment Investigation, Limitation, and Majority Protest Act of 1931”
shall not apply to the making of said improvements.
SECTION 5. The City Council authorizes improvements to be constructed
in accordance with the provisions of the Improvement Act of 1911 (the “Act”), set
forth in Division 7 of the Streets and Highways Code of the State of California.
SECTION 6. The proposed improvements are of more than local or ordinary
public benefit, and the City Council hereby resolves that the Assessment District
to be benefited by the improvements be assessed a portion of the costs of the
improvements as hereinafter provided. In accordance with past City policy, the
proposed assessment spread for streetlights is split 50/50. These proposed
assessment amounts are equal to or less than the proportionate special benefit
cost of streetlights for each parcel as identified in the Engineer’s Report. The
Assessment District is depicted on Page 16 of the Engineer’s Report, which is on
file in the Office of the City Engineer. All public streets, alleys, or portions thereof,
hereby are exempt from the district.
SECTION 7. Properties will be assessed for the street lighting
improvements based upon the parcel area. Property owners will have the option
either to pay their assessments for the improvements in full within thirty (30) days
of confirmation of costs or will have the option to pay the total assessment amount,
paid bi-annually, over a three-year payment plan at 2.5% interest, five-year
payment plan at 3.5% interest, or a ten-year payment plan at 5% interest.
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SECTION 8. The City Council 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 12th day of November 2019.
__________________________
G l e a m D a v i s , M a y o r
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11213 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 12th day of November 2019, by the following vote:
AYES: Councilmembers Himmelrich, Morena, McKeown, Jara, Winterer
Mayor Davis, Mayor Pro Tem O’Day
NOES: None
ABSENT: None
A T T E S T :
_____________________________________
Denise Anderson-Warren, City Clerk
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Attachment A
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STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, State of
California, do hereby certify that the attached is a true and correct canvass of the ballots
received and authorized through the end of the public hearing held on October 15, 2019,
for Street Light Assessment District on 9th Street between Marguerita Avenue and Alta
Avenue.
Ballots Received:
In favor: 11
Against: 6
Abstain/No Vote 2
Total Ballots Received: 19
YES VOTES
APN OWNER (S) NAME MAIL ADDRESS PARCEL
ASSESSMENT
4280-020-014 PURO ELIZABETH J ELIZABETH
J PURO TRUST 553 9th ST. $3,302.78
4280-020-015 JS CREATIVE ENTERPRISES
LLC 549 9th ST. $3,297.50
4280-020-016 KUMP MICHAEL J 543 9th ST. $3,304.98
4280-020-019
DOWLING ROBERT AND
JUANITA TRS DOWLING FAMILY
TRUST
527 9TH ST. $3,306.74
4280-020-020 JOHN & HELEN LEE CHU 523 9TH ST. $3,300.58
4280-021-005
OPPENHEIMER GREGG AND
DEBRA TRS G AND D
OPPENHEIMER TRUST
524 9TH ST. $3,309.38
4280-021-006 SC PACIFIC WEST LLC 528 9TH ST. $3,298.38
4280-021-007 WEAVER ROGER AND DONNA B
TRS WEAVER FAMILY TRUST 532 9TH ST. $3,304.54
4280-021-008 MAL AJIT K MAL FAMILY TRUST 538 9TH ST. $3,292.66
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4280-021-009 BELL JAMES O AND SUSAN J
TRS BELL TRUST 544 9TH ST. $3,309.82
4280-021-010 TULCHIN HARRIS AND CARLA B
TRS 543 9TH ST. $3,297.50
ASSESSMENT $36,324.86
NO VOTES
APN OWNER (S) NAME MAIL ADDRESS PARCEL
ASSESSMENT
4280-020-018
FREEDMAN GARY AND DONNA
TRS GARY AND DONNA
FREEDMAN TRUST
533 9TH ST. $3,293.98
4280-020-021 LISCHAK WILLIAM AND ANITA
TRS LISCHAK FAMILY TRUST 517 9TH ST. $3,312.02
4280-020-023 SUSAN GARY TRUST 507 9TH ST. $3,311.58
4280-021-002 LEE CHARLOTTE ET AL
STOLTZMAN WILLIAM 508 9TH ST. $3,298.82
3292.664280-
021-003
LIEBERMAN EDWARD
CHADBOURNE TRUST 514 9TH ST. $3,310.70
4280-021-012 BESSON W TOLIVER W
TOLIVER BESSON TRUST 560 9TH ST. $3,301.90
ASSESSMENT $19,829.00
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this
21st day of October 2019.
________________________________
Denise Anderson-Warren
City Clerk
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