SR 10-15-2019 9A
City Council
Report
City Council Meeting: October 15, 2019
Agenda Item: 9.A
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To: Mayor and City Council
From: Susan Cline, Director, Public Works, Engineering and Street Services
Subject: Public Hearing for Proposed Streetlighting Assessment District on 9th Street
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing and receive public comment regarding the proposed
streetlight assessment district on 9th Street between Marguerita Avenue and Alta
Avenue, in conformance with Proposition 218, authorized by State law under the
Municipal Improvement Act of 1911;
2. Close the public comment portion of the hearing and direct the City Clerk to
accept the ballots submitted and tabulate the vote for the proposed district; and
3. Direct staff to prepare a resolution certifying the election results for the proposed
district, to be adopted at the November 12, 2019 council meeting.
Summary
The City owns and maintains a network of streetlights along a vast majority of streets
within its boundaries. Residential roads can be furnished with streetlights by way of an
assessment district. The creation of assessment districts is initiated by petition of the
residents and/or property owners in accordance with Santa Monica Municipal Code
7.04.860 and Proposition 218, the “Right to Vote on Taxes Act,” which is authorized by
state law under the Municipal Improvement Act of 1911. The City received a successful
petition containing signatures of 60% of the eligible voters from residents on 9th Street
between Marguerita Avenue and Alta Avenue. The petition was accepted and a
resolution of intent was approved by City Council on July 23, 2019. Staff recommends
the City Council hold a public hearing regarding the proposed assessment district, direct
the City Clerk to tabulate the received ballots, and direct staff to prepare a resolution
certifying the election results for the proposed district, to be adopted at the November
12, 2019 council meeting.
Discussion
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In accordance with Proposition 218 and Santa Monica Municipal Code 7.04.860,
“whenever the occupants of 60% of the residential units i n a given area petition the City
Council to institute proceedings for residential streetlighting improvements, the City
Council shall institute proceedings under the Improvement Act of 1911 to provide
residential streetlighting to such area.” In July 2019, the City Council accepted a petition
for the formation of a streetlighting assessment district on 9th Street between
Marguerita Avenue and Alta Avenue, approved the Preliminary Engineer’s Report, and
approved the resolution of intent to set the public hearing for October 15, 2019. Notices
were mailed to property owners along with a ballot for the purpose of voting for or
against the assessment. Estimated maximum assessment amounts, based on the
Preliminary Engineer’s Report, were included with each mailed packet.
At the public hearing, the City Council will hear any objections and protests to the
proposed assessment. Completed ballots from property owners must be received by the
City Clerk prior to the close of the public hearing. Following the public hearing, ballots
submitted in support of and in opposition to the proposed assessment district will be
tabulated. Tabulation of the assessment ballots will be weighted according to the
proportional financial obligation of the affected property. No assessment will be imposed
if there is a majority protest. A majority protest exists if the weighted ballots submitted in
opposition to the assessment exceed the weighted ballots submitted in favor of the
assessment. The City Clerk’s office will tabulate the ballots and present the results at
the November 12, 2019 council meeting.
At the November 12, 2019 meeting, Council would accept the certified results of the
district election as tabulated by the City Clerk. Should the results be in favor of the
assessment district, staff would begin a formal bidding process to select a contractor to
furnish and install new streetlights and return to Council to award a construction
contract.
Past Council Actions
07/23/19 (Attachment A) Approved the resolution of intent and set a public hearing
for the October 15, 2019 meeting.
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Financial Impacts and Budget Actions
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 FY 2019-20 Capital Improvement
Program budget in account C0106970.689000. Over time, the City anticipates
recapturing up to 50% of project costs from homeowner assessments. 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. July 23, 2019 Staff Report
B. October 15, 2019 Staff Report
City Council
Report
City Council Meeting: July 23, 2019
Agenda Item: 3.C
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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
City Council
Report
City Council Meeting: October 15, 2019
Agenda Item:
1 of 3
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Civil Engineering
Subject: Public Hearing for Proposed Streetlighting Assessment District on 9th Street
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing and receive public comment regarding the proposed
streetlight assessment district on 9th Street between Marguerita Avenue and Alta
Avenue, in conformance with Proposition 218, authorized by State law under the
Municipal Improvement Act of 1911;
2. Close the public comment portion of the hearing and direct the City Clerk to
accept the ballots submitted and tabulate the vote for the proposed district; and
3. Continue the hearing during the November 12, 2019 council meeting for adoption
of the resolution to certify the results for the district.
Summary
The creation of assessment districts for the 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 and Proposition 218, the “Right to Vote on
Taxes Act,” which is authorized by state law under the Municipal Improvement Act of
1911. The City received a successful petition containing signatures of 60% of the
eligible voters from residents on 9th Street between Marguerita Avenue and Alta
Avenue. The petition was accepted and a resolution of intent was approved by City
Council on July 23, 2019. Staff recommends the City Council hold a public hearing
regarding the proposed assessment district, direct the City Clerk to tabulate the
received ballots, and continue the hearing during the November 12, 2019 Council
meeting for adoption of a resolution to certify the results of the district election.
Discussion
In accordance with Proposition 218 and Santa Monica Municipal Code 7.04.860,
“whenever the occupants of 60% of the residential units in a given area petition the City
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Council to institute proceedings for residential streetlighting improvements, the City
Council shall institute proceedings under the Improvement Act of 1911 to provide
residential streetlighting to such area.” In July 2019, the City Council accepted a petition
for the formation of a streetlighting assessment district on 9th Street between
Marguerita Avenue and Alta Avenue, approved the Preliminary Engineer’s Report, and
approved the resolution of intent to set the public hearing for October 15, 2019. Notices
were mailed to property owners along with a ballot for the purpose of voting for or
against the assessment. Estimated maximum assessment amounts, based on the
Preliminary Engineer’s Report, were included with each mailed packet.
At the public hearing, the City Council will hear any objections and protests to the
proposed assessment. Completed ballots from property owners must be received by the
City Clerk prior to the close of the public hearing. Following the public hearing, ballots
submitted in support of and in opposition to the proposed assessment district will be
tabulated. Tabulation of the assessment ballots will be weighted according to the
proportional financial obligation of the affected property. No assessment will be imposed
if there is a majority protest. A majority protest exists if the weighted ballots submitted in
opposition to the assessment exceed the weighted ballots submitted in favor of the
assessment. The City Clerk’s office will tabulate the ballots and present the results at
the November 12, 2019 council meeting.
At the continued hearing during the November 12, 2019 meeting, Council would accept
the certified results of the district election as tabulated by the City Clerk. Should the
results be in favor of the assessment district, staff would begin a formal bidding process
to select a contractor to furnish and install new streetlights and return to Council to
award a construction contract.
Past Council Actions
07/23/19 (Attachment A) Approved the resolution of intent and set a public hearing
for the October 15, 2019 meeting.
Financial Impacts and Budget Actions
3 of 3
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 FY 2019-20 Capital Improvement
Program budget in account C0106970.689000. Over time, the City anticipates
recapturing up to 50% of project costs from homeowner assessments. 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. July 23, 2019 Staff Report