R11350RESOLUTION NUMBER 11350 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CONFIRMING THE ASSESSMENT FOR THE STREET LIGHTING
IMPROVEMENTS ON 10th STREET WITHIN THE CITY OF SANTA MONICA
WHEREAS, petitions in compliance with Santa Monica Municipal Code
Section 7.04.860 were submitted to and accepted by the City Council to institute
proceedings for residential street lighting improvements under the Improvement
Act of 1911 for 10th Street between Carlyle Avenue and Marguerita Avenue (District
"A"); and
WHEREAS, on April 18, 2017, the City Council adopted Resolution No.
11035 (CCS), stating its intent to form District “A”, in accordance with The
Improvement Act of 1911 (Streets and Highways Code sections 5000 et seq.); and
WHEREAS, the City Council set a public hearing for July 25, 2017 to
consider whether an assessment district should be established for purposes of
installing street lighting improvements within District “A"; and
WHEREAS, in accordance with the 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 District
“A,” advising such record owners that they may cast ballots for or against District
"A"; 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 July 25, 2017, the public hearing was held, all testimony and
written objections and protests to the proposed street lighting improvements and
the extent of the districts 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
supported formation of District "A"; and
WHEREAS, the City Clerk 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 to Resolution No. 11066 (CCS) as
Attachment A and incorporated therein by reference; and
WHEREAS, the tabulated votes supported the formation of a street lighting
assessment in District "A"; and
WHEREAS, by adoption of Resolution No. 11066 (CCS), the City Council
established District “A” for purposes of installation of street lighting improvements;
and
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WHEREAS, at the time of establishment of District “A,” the total estimated
costs of the proposed street lighting improvements was $158,500, half ($79,250)
of which was to be paid by the City and half ($79,250) by the property owners; and
WHEREAS, by adoption of Resolution No. 11066 (CCS), the City Council
authorized the streetlight improvements to be constructed in accordance with the
Engineer’s Report, on file in the City Engineer's Office; and
WHEREAS, such improvements have been constructed to the satisfaction
of the City Engineer, at a total cost of $169,756.62, which is $11,256.62 more than
the estimated cost for the improvements; and
WHEREAS, the City Council has determined that the City shall cover the
overage ($11,256.62) above the estimated costs, such that the property owners’
assessment contribution remains $79,250; and
WHEREAS, the City Engineer has made an assessment to cover the sum
due for the owner’s share of costs for improvements (the “Assessment”); and
WHEREAS, the Assessment refers to the contract for installation of the
improvements, the work contracted for and performed, and the amount to be paid
therefor, together with all incidental expenses, the amount of each assessment
against each lot or portion of a lot, the number of each lot or portion or portions of
a lot so assessed, and the additional information required by subdivision (b) of
Section 53753 of the Government Code, and has attached thereto a diagram
exhibiting each street or street crossing, place, property or rights of way on which
any work has been done, showing the relative location of each lot or portion of lot
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to the work done, numbered to correspond with the numbers of the assessments;
and
WHEREAS, the Assessment has been filed with the City Clerk; and
WHEREAS, the City Clerk gave the notice of the Assessment considered
by the City Council, as required by Sections 5362 and 5363 of the Streets and
Highways Code; and
WHEREAS, upon the day and hour fixed for hearing by the City Council,
the City Council heard and passed upon any and all objections, appeals, and
protests, confirming the Assessment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are incorporated herein by this reference.
SECTION 2. All objections, appeals, and protests of every kind to the
Assessment are hereby overruled and denied, and the Assessment is approved.
SECTION 3. The diagram attached to the Assessment, which evidences
that each property affected and benefited by the construction of the street lighting
improvements within District “A” is within the City of Santa Monica and therein
declared to be the property to be assessed to pay a portion of the improvements,
is approved; the City Clerk is directed to execute the certificate on the diagram to
the City Engineer.
SECTION 4. The City Engineer shall forthwith attach a warrant to said
assessment bearing the date of this confirmation.
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SECTION 5. The assessment roll, warrant, and diagram shall be recorded
in the Office of the City Engineer, and immediately thereafter the City Clerk shall
file a copy of the Assessment in the Office of the County Recorder, and thereafter
shall record in said Office of the County Recorder, a Notice of Assessment, all in
the manner and form as prescribed by Section 3114 of the Streets and Highways
Code of the State of California.
SECTION 6. The City Treasurer shall issue an invoice to each property
owner for the full amount of the Assessment. Property owners shall have the option
to pay the Assessment in full within thirty (30) days of confirmation of costs or to
select a three-year payment plan at 2.5% interest, a five-year payment plan at
3.5% interest, or a ten-year payment plan at 5% interest. If a payment plan is
selected, a lien will be placed upon the property until the full assessment cost,
including interest, has been paid. Payments shall be due twice a year: principal
and one-half of the year’s interest shall be due on or before December 1; the
remaining year’s interest shall be due on or before June 1.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
INTERIM CITY ATTORNEY
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Adopted and approved this 13th day of July 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11350 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 13th day of July 2021, by the following
vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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