Loading...
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 DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 2 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 DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 3 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 DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 4 “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. DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 5 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 DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 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 DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 6 Attachment A DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 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 DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E 2 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 DocuSign Envelope ID: 810F714E-7863-4747-ADD5-95EDD9311B5E