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SR 07-13-2021 9A City Council Report City Council Meeting: July 13, 2021 Agenda Item: 9.A 1 of 8 To: Mayor and City Council From: Rick Valte, Acting Public Works Director, Public Works, Engineering and Street Services Subject: Public Hearing and Adoption of Resolutions Confirming the Streetlight Assessment Costs for 10th Street and 25th Street Recommended Action Staff recommends that the City Council hold a public hearing, receive public comment, and adopt the attached resolutions confirming assessment costs for the installation of streetlights in the following assessment districts: 1. District “A” – 10th Street between Carlyle Avenue and Marguerita Avenue; and 2. District “B” – 25th Street between Idaho Avenue and Washington Avenue. Summary The City has completed construction of two streetlight assessment district projects: 10th Street between Carlyle Avenue and Marguerita Avenue (District “A”) and 25th Street between Idaho Avenue and Washington Avenue (District “B”). These projects were initiated by separate petitions in accordance with Chapter 7.04.860 of the Santa Monica Municipal Code and the Improvement Act of 1911 (the “Act”), which authorizes the creation of assessment districts for streetlight improvements. Each project entailed the construction of new ornamental streetlight poles, post-top luminaries, and the associated underground electrical system. Construction is complete and final assessment costs have been compiled. California State Law requires the City Council to hold a public hearing for each district to hear any appeals, protests, or objections to the confirmation of assessment costs. Discussion District “A” Assessment Costs 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 9.A Packet Pg. 2206 2 of 8 Highways Code sections 5000 et seq.). 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". 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 District “A,” advising such record owners that they may cast ballots for or against District "A". The street lighting improvement work and costs thereof were described in detail in the notices and the staff report prepared for the public hearing. 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. 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". The City Clerk made the required tabulation of the assessment ballots, weighted according to the financial obligation of each affected property. 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) (Attachment A) and incorporated therein by reference. The tabulated votes supported the formation of a street lighting assessment in District "A”. By adoption of Resolution No. 11066 (CCS), the City Council established District “A” for purposes of installation of street lighting improvements. At the time of establishment of District “A,” the total estimated cost 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. 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. On March 31, 2020, the City Manager executed a construction contract with International Line Builders, Inc. for streetlight assessment District “A”. The final contract 9.A Packet Pg. 2207 3 of 8 amount was $133,287. The project included the installation of six ornamental streetlight poles, post-top luminaires, and the associated underground electrical system consisting of conduits, wiring, and pull boxes. Construction was completed on December 17, 2020 and a Notice of Completion was filed on January 6, 2021. At the completion of the project, an Engineer’s report was prepared to compile the total project cost and final assessment costs per parcel. The total project cost includes assessment and design engineering, construction, construction management, and administration. The total project cost of $169,756 exceeded the Assessment Engineer’s estimate of $158,500. The initial estimated construction costs did not foresee a $12,000 expense to install 400 linear feet of conduit and wiring connecting the new streetlights to an existing circuit. This change was needed to provide power to the new streetlights in the most efficient and least impactful way to the residents. Staff recommends the total assessment to property owners be the maximum estimated assessment of $79,250 (Attachment B), or 47% of the total project cost, with the balance of the total project cost to be paid by the City. The City would seek reimbursement for less than half of the total project cost and bill the property owners for their proportional share of the $79,250 assessment based on their parcels’ square footage. The breakdown of total project cost, City contribution, and property owner assessments is as follows: District “A” Project Costs Total Project Cost City Contribution Property Owner Assessments Assessment & Design Engineering $21,037.20 $10,518.60 $10,518.60 Construction $133,287.00 $66,643.50 $66,643.50 Construction Management & Administration $15,432.42 $13,344.52 $2,087.90 Total $169,756.62 $90,506.62 $79,250.00 The City Engineer has made an assessment for District “A” (Attachment B) to cover the sum due for the owner’s share of costs for improvements (the “Assessment”). The Assessment refers to the contract for installation of the improvements, the work 9.A Packet Pg. 2208 4 of 8 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 to the work done, numbered to correspond with the numbers of the assessments. The Assessment has been filed with the City Clerk. The City Clerk would give the notice of the Assessment, as required by Sections 5362 and 5363 of the Streets and Highways Code. District “B” Assessment Costs On April 18, 2017, the City Council adopted Resolution No. 11036 (CCS), stating its intent to form District “B”, in accordance with The Improvement Act of 1911 (Streets and Highways Code sections 5000 et seq.). 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 “B". 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 District “B,” advising such record owners that they may cast ballots for or against District "B". The street lighting improvement work and costs thereof were described in detail in the notices and the staff report prepared for the public hearing. 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. 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 "B". The City Clerk made the required tabulation of the assessment ballots, weighted according to the financial obligation of each affected property. A true and correct copy of the tabulation of votes is contained in the City Clerk's canvas of ballots, attached to Resolution No. 11067 (CCS) (Attachment C) and 9.A Packet Pg. 2209 5 of 8 incorporated therein by reference. The tabulated votes supported the formation of a street lighting assessment in District "B”. By adoption of Resolution No. 11067 (CCS), the City Council established District “B” for purposes of installation of street lighting improvements. At the time of establishment of District “B,” the total estimated cost of the proposed street lighting improvements was $149,000, half ($74,500) of which was to be paid by the City and half ($74,500) by the property owners. 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. On March 31, 2020, the City Manager executed a construction contract with International Line Builders, Inc. for streetlight assessment District “B”. The final contract amount was $111,831. The project included the installation of five ornamental streetlight poles, post-top luminaires, and the associated underground electrical system consisting of conduits, wiring, and pull boxes. Construction was completed on December 17, 2020 and a Notice of Completion was filed on January 6, 2021. At the completion of the project, an Engineer’s report was prepared to compile the total project cost and final assessment costs per parcel. The total project cost includes assessment and design engineering, construction, construction management, and administration. The total project cost of $146,155 was less than the Assessment Engineer’s estimate of $149,000. Therefore, staff recommends a total assessment to property owners of $73,077, which is 50 percent of the total project cost and less than the maximum estimated assessment of $74,500 (Attachment D). The City would seek reimbursement for half of the total project cost and bill the property owners for their proportional share of the $73,077 assessment based on their parcels’ square footage. The breakdown of total project cost, City contribution, and property owner assessments is as follows: 9.A Packet Pg. 2210 6 of 8 District "B" Project Costs Total Project Cost City Contribution Property Owner Assessments Assessment & Design Engineering $21,037.20 $10,518.60 $10,518.60 Construction $111,831.61 $55,915.81 $55,915.80 Construction Management & Administration $13,286.88 $6,643.44 $6,643.44 Total $146,155.69 $73,077.85 $73,077.84 The City Engineer has made an assessment for District “B” (Attachment D) to cover the sum due for the owner’s share of costs for improvements (the “Assessment”). 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 to the work done, numbered to correspond with the numbers of the assessments. The Assessment has been filed with the City Clerk. The City Clerk would give the notice of the Assessment, as required by Sections 5362 and 5363 of the Streets and Highways Code. Public Hearings A public hearing to confirm the assessment costs must be held pursuant to the California Streets and Highways Code. All affected property owners have been notified of the public hearing date and the assessment amount for their respective properties through a direct mailing at least forty-five days prior to the public hearing. The notice of public hearing has also been advertised in the Santa Monica Daily Press. Once the assessment costs are confirmed with the adoption of the attached resolutions (Attachments E and F), property owners would be billed by the City for the assessment costs associated with their properties. The final assessment amounts, determined proportionally based on property square footage, are listed in Attachments B and D. The cost for an average 7,500 square foot residential parcel in District A is $3,600 and the 9.A Packet Pg. 2211 7 of 8 cost for an average 8,000 square foot residential parcel in District B is $3,141, if paid in full. Property owners have the option of paying the total assessment as a one-time payment within thirty-days of invoice. Alternatively, each owner would have the option to pay 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. All assessment amounts would be deposited into the Streetlight Assessment Reimbursement revenue account in the General Fund. Past Council Actions 4/18/17 (Attachment G) Accepted petitions and adopted resolutions to set a public hearing on July 25, 2017. 7/25/17 (Attachment H) Held a public hearing and directed the City Clerk to accept the ballots and tabulate the vote for the proposed districts. 8/8/17 (Attachment I) Accepted the certified results of the streetlight assessment district elections as tabulated by the City Clerk, approved the formation of streetlight assessment districts, and adopted resolutions to assess property owners for the costs of streetlight improvements. 6/8/21 (Attachment J) Adopted resolutions setting a public hearing on July 13, 2021. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. Streetlight Assessment Reimbursement revenue account 01500009.416200 has been created for the collection and deposit of all streetlight assessment revenues in the General Fund. 9.A Packet Pg. 2212 8 of 8 Prepared By: Robert Zak, Civil Engineer Approved Forwarded to Council Attachments: A. Resolution No. 11066 (for reference only) B. Assessment and Diagram for 10th St - District "A" C. Resolution No. 11067 (for reference only) D. Assessment and Diagram for 25th St - District "B" E. Resolution Confirming Assessment Costs for 10th Street - District "A" F. Resolution Confirming Assessment Costs for 25th Street - District "B" G. April 18, 2017 Staff Report (Web Link) H. July 25, 2017 Staff Report (Web Link) I. August 8, 2017 Staff Report (Web Link) J. June 8, 2021 Staff Report (Web Link) K. PowerPoint Presentation 9.A Packet Pg. 2213 9.A.aPacket Pg. 2214Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.aPacket Pg. 2215Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.aPacket Pg. 2216Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.aPacket Pg. 2217Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.aPacket Pg. 2218Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.aPacket Pg. 2219Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.aPacket Pg. 2220Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.aPacket Pg. 2221Attachment: Resolution No. 11066 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th ITEM QUANTITY UNIT UNIT PRICE TOTAL COST ASSESSMENT %ASSESSMENT AMOUNTPenco Engineering, Inc. - Contract No. 10588 (CCS)Assessment Engineering 1 LS $17,257.16 $17,257.16 50%$8,628.58Design Engineering1 LS $3,780.05 $3,780.05 50%$1,890.02$21,037.20 50% $10,518.60International Line Builders, Inc. - Contract No. 4660Construction Contract1 LS $121,287.00 $121,287.00 50%$60,643.50Construction Change Orders 1 LS $12,000.00 $12,000.00 50%$6,000.00$133,287.00 50% $66,643.50$154,324.20 50% $77,162.10Construction Management & Administration Costs 10% $15,432.42 13.5%$2,087.90$169,756.62 47% $79,250.00Streetlight Assessment District "A"The City Engineer has made an assessment for District “A” to cover the sum due by the property owners for the costs to install six ornamental streetlight poles, post-top luminaires, and associated underground electrical system. The total project cost and total assessment amount, including assessment and design engineering, construction, construction management, and administration costs, are detailed in the below table.10th Street between Carlyle Ave and Marguerita AveDesign SubtotalConstruction SubtotalProject SubtotalTotal Project Cost1 of 29.A.bPacket Pg. 2222Attachment: Assessment and Diagram for 10th St - District "A" (4498 : Public Hearing to Confirm Assessment No. APNParcel Area (SF)Maximum Estimated Assessment AmountFinal Confirmed Assessment Amount 1 4280-013-043 403 10th Street 7,488 $3,594.94 $3,594.942 4280-013-042 409 10th Street 7,502 $3,601.66 $3,601.663 4280-013-041 411 10th Street 7,504 $3,602.62 $3,602.624 4280-013-040 417 10th Street 7,491 $3,596.38 $3,596.385 4280-013-039 423 10th Street 7,506 $3,603.58 $3,603.586 4280-013-038 427 10th Street 7,504 $3,602.62 $3,602.627 4280-013-037 435 10th Street 7,490 $3,595.90 $3,595.908 4280-013-036 437 10th Street 7,503 $3,602.14 $3,602.149 4280-013-035 443 10th Street 7,505 $3,603.10 $3,603.1010 4280-013-034 447 10th Street 7,491 $3,596.38 $3,596.3811 4280-013-033 453 10th Street 7,502 $3,601.66 $3,601.6612 4280-013-010 454 10th Street 7,492 $3,596.86 $3,596.8613 4280-013-009 450 10th Street 7,521 $3,610.78 $3,610.7814 4280-013-008 444 10th Street 11,260 $5,405.85 $5,405.8515 4280-013-007 434 10th Street 11,250 $5,401.05 $5,401.0516 4280-013-006 428 10th Street 7,498 $3,599.74 $3,599.7417 4280-013-005 424 10th Street 7,500 $3,600.70 $3,600.7018 4280-013-004 418 10th Street 7,528 $3,614.14 $3,614.1419 4280-013-003 412 10th Street 7,504 $3,602.62 $3,602.6220 4280-013-002 408 10th Street 7,519 $3,609.82 $3,609.8221 4280-013-001 402 10th Street 7,514 $3,607.42 $3,607.42Total Parcel Area (SF): 165,072Maximum Estimated Assessment: $79,250.00Final Confirmed Assessment: $79,250.0010th Street between Carlyle Ave and Marguerita AveParcel AddressStreetlight Assessment District "A"The City Engineer has made an assessment for District “A” to cover the sum due by the property owners for the costs to install six ornamental streetlight poles, post-top luminaires, and associated underground electrical system. The maximum estimated and final confirmed assessment amounts for each parcel are detailed in the below table.2 of 29.A.bPacket Pg. 2223Attachment: Assessment and Diagram for 10th St - District "A" (4498 : Public Hearing to Confirm RECORDED IN THE OFFICE OF THE SUPERINTENDENT OFSTREETS / CITY OF SANTA MONICA, THIS _____ DAY OF____________, 2021._______________________________________________SUPERINTENDENT OF STREETS / CITY ENGINEERCITY OF SANTA MONICAFILED IN THE OFFICE OF THE CITY CLERK OF SANTA MONICA,THIS _____ DAY OF ____________, 2021.AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THECITY OF SANTA MONICA ON THE LOTS, PIECES, AND PARCELSOF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. THEASSESSMENT WAS LEVIED ON THE ____ DAY OF ____________,2021; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLLWERE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OFSTREETS OF THAT CITY ON THE ____ DAY OF ____________, 2021.REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED INTHE OFFICE OF THE SUPERINTENDENT OF STREETS / CITYENGINEER FOR THE EXACT AMOUNT OF EACH ASSESSMENTLEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THISASSESSMENT DIAGRAM.__________________________________CITY CLERKCITY OF SANTA MONICAFILED THIS ____ DAY OF ____________, 2021, AT THE HOUR OF_____ O'CLOCK __M. IN BOOK _____ OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICTS AT PAGE ____, AT THEREQUEST OF THE CITY OF SANTA MONICA IN THE OFFICE OFTHE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES,STATE OF CALIFORNIA.________________________________________REGISTRAR-RECORDER / COUNTY CLERKOF COUNTY OF LOS ANGELESPROPOSED STREET LIGHT9.A.bPacket Pg. 2224Attachment: Assessment and Diagram for 10th St - District "A" (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th Street (15 minutes)) 9.A.cPacket Pg. 2225Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.cPacket Pg. 2226Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.cPacket Pg. 2227Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.cPacket Pg. 2228Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.cPacket Pg. 2229Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.cPacket Pg. 2230Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.cPacket Pg. 2231Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th 9.A.cPacket Pg. 2232Attachment: Resolution No. 11067 (for reference only) (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th ITEM QUANTITY UNIT UNIT PRICE TOTAL COST ASSESSMENT %ASSESSMENT AMOUNTPenco Engineering, Inc. - Contract No. 10588 (CCS)Assessment Engineering 1 LS $17,257.16 $17,257.16 50%$8,628.58Design Engineering1 LS $3,780.05 $3,780.05 50%$1,890.02$21,037.20 50% $10,518.60International Line Builders, Inc. - Contract No. 4661Construction Contract1 LS $111,000.00 $111,000.00 50%$55,500.00Construction Change Orders 1 LS $831.61 $831.61 50%$415.81$111,831.61 50% $55,915.81$132,868.81 50% $66,434.41Construction Management & Administration10% $13,286.88 50%$6,643.44$146,155.69 50% $73,077.846Streetlight Assessment District "B"25th Street between Idaho Ave and Washington AveThe City Engineer has made an assessment for District “B” to cover the sum due by the property owners for the costs to install five ornamental streetlight poles, post-top luminaires, and associated underground electrical system. The total project cost and total assessment amount, including assessment and design engineering, construction, construction management, and administration costs, are detailed in the below table.Design SubtotalConstruction SubtotalProject SubtotalTotal Project Cost1 of 29.A.dPacket Pg. 2233Attachment: Assessment and Diagram for 25th St - District "B" (4498 : Public Hearing to Confirm Assessment No. APNParcel Area (SF)Maximum Estimated Assessment AmountFinal Confirmed Assessment Amount 1 4277-017-014 901 25th Street 8,342 $3,339.54 $3,275.792 4277-017-015 909 25th Street 8,329 $3,334.34 $3,270.693 4277-017-016 911 25th Street 8,343 $3,339.94 $3,276.194 4277-017-017 917 25th Street 8,331 $3,335.14 $3,271.475 4277-017-018 921 25th Street 8,347 $3,341.55 $3,277.766 4277-017-019 927 25th Street 8,329 $3,334.34 $3,270.697 4277-017-020 933 25th Street 8,359 $3,346.35 $3,282.478 4277-017-021 939 25th Street 8,329 $3,334.34 $3,270.699 4277-017-022 941 25th Street 8,344 $3,340.34 $3,276.5810 4277-017-023 947 25th Street 8,328 $3,333.94 $3,270.3011 4277-017-024 953 25th Street 8,356 $3,345.15 $3,281.2912 4277-017-025 959 25th Street 8,327 $3,333.54 $3,269.9013 4277-016-021 2431 Washington Ave 6,007 $2,404.78 $2,358.8714 4277-016-010 948 25th Street 7,993 $3,199.83 $3,138.7515 4277-016-028 942 25th Street 7,997 $3,201.43 $3,140.3216 4277-016-027 938 25th Street 8,023 $3,211.84 $3,150.5317 4277-016-007 934 25th Street 7,994 $3,200.23 $3,139.1418 4277-016-006 928 25th Street 7,994 $3,200.23 $3,139.1419 4277-016-005 924 25th Street 8,024 $3,212.24 $3,150.9220 4277-016-004 918 25th Street 7,994 $3,200.23 $3,139.1421 4277-016-003 914 25th Street 7,994 $3,200.23 $3,139.1422 4277-016-002 910 25th Street 8,021 $3,211.04 $3,149.7423 4277-016-001 902 25th Street 7,992 $3,199.43 $3,138.35Total Parcel Area (SF): 186,097Maximum Estimated Assessment: $74,500.00Final Confirmed Assessment: $73,077.8425th Street between Idaho Ave and Washington AveParcel AddressStreetlight Assessment District "B"The City Engineer has made an assessment for District “B” to cover the sum due by the property owners for the costs to install five ornamental streetlight poles, post-top luminaires, and associated underground electrical system. The maximum estimated and final confirmed assessment amounts for each parcel are detailed in the below table.2 of 29.A.dPacket Pg. 2234Attachment: Assessment and Diagram for 25th St - District "B" (4498 : Public Hearing to Confirm RECORDED IN THE OFFICE OF THE SUPERINTENDENT OFSTREETS / CITY OF SANTA MONICA, THIS _____ DAY OF____________, 2021._______________________________________________SUPERINTENDENT OF STREETS / CITY ENGINEERCITY OF SANTA MONICAFILED IN THE OFFICE OF THE CITY CLERK OF SANTA MONICA,THIS _____ DAY OF ____________, 2021.AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THECITY OF SANTA MONICA ON THE LOTS, PIECES, AND PARCELSOF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. THEASSESSMENT WAS LEVIED ON THE ____ DAY OF ____________,2021; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLLWERE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OFSTREETS OF THAT CITY ON THE ____ DAY OF ____________, 2021.REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED INTHE OFFICE OF THE SUPERINTENDENT OF STREETS / CITYENGINEER FOR THE EXACT AMOUNT OF EACH ASSESSMENTLEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THISASSESSMENT DIAGRAM.__________________________________CITY CLERKCITY OF SANTA MONICAFILED THIS ____ DAY OF ____________, 2021, AT THE HOUR OF_____ O'CLOCK __M. IN BOOK _____ OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICTS AT PAGE ____, AT THEREQUEST OF THE CITY OF SANTA MONICA IN THE OFFICE OFTHE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES,STATE OF CALIFORNIA.________________________________________REGISTRAR-RECORDER / COUNTY CLERKOF COUNTY OF LOS ANGELESPROPOSED STREET LIGHT9.A.dPacket Pg. 2235Attachment: Assessment and Diagram for 25th St - District "B" (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street and 25th Street (15 minutes)) Page 1 of 5 RESOLUTION NUMBER ____________(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 9.A.e Packet Pg. 2236 Attachment: Resolution Confirming Assessment Costs for 10th Street - District "A" (4498 : Public Hearing to Confirm Streetlight Assessment Page 2 of 5 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 9.A.e Packet Pg. 2237 Attachment: Resolution Confirming Assessment Costs for 10th Street - District "A" (4498 : Public Hearing to Confirm Streetlight Assessment Page 3 of 5 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 9.A.e Packet Pg. 2238 Attachment: Resolution Confirming Assessment Costs for 10th Street - District "A" (4498 : Public Hearing to Confirm Streetlight Assessment Page 4 of 5 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. 9.A.e Packet Pg. 2239 Attachment: Resolution Confirming Assessment Costs for 10th Street - District "A" (4498 : Public Hearing to Confirm Streetlight Assessment Page 5 of 5 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 9.A.e Packet Pg. 2240 Attachment: Resolution Confirming Assessment Costs for 10th Street - District "A" (4498 : Public Hearing to Confirm Streetlight Assessment Page 1 of 5 RESOLUTION NUMBER ____________(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 25th 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 25th Street between Idaho Avenue and Washington Avenue (District "B"); and WHEREAS, on April 18, 2017, the City Council adopted Resolution No. 11036 (CCS), stating its intent to form District “B”, 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 “B"; 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 “B,” advising such record owners that they may cast ballots for or against District "B"; and 9.A.f Packet Pg. 2241 Attachment: Resolution Confirming Assessment Costs for 25th Street - District "B" (4498 : Public Hearing to Confirm Streetlight Assessment Page 2 of 5 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 "B"; 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. 11067 (CCS) as Attachment A and incorporated therein by reference; and WHEREAS, the tabulated votes supported the formation of a street lighting assessment in District "B"; and WHEREAS, by adoption of Resolution No. 11067 (CCS), the City Council established District “B” for purposes of installation of street lighting improvements; and 9.A.f Packet Pg. 2242 Attachment: Resolution Confirming Assessment Costs for 25th Street - District "B" (4498 : Public Hearing to Confirm Streetlight Assessment Page 3 of 5 WHEREAS, at the time of establishment of District “B”, the total estimated costs of the proposed street lighting improvements was $149,000, half ($74,500) of which was to be paid by the City and half ($74,500) by the property owners; and WHEREAS, by adoption of Resolution No. 11067 (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 $146,155.69, which is $2,844.31 less than the estimated cost for the improvements; and WHEREAS, the City Council has determined that the City shall recover half of the savings ($2,844.31) below the estimated costs, such that the property owners’ assessment contribution shall be $73,077.84; 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 9.A.f Packet Pg. 2243 Attachment: Resolution Confirming Assessment Costs for 25th Street - District "B" (4498 : Public Hearing to Confirm Streetlight Assessment Page 4 of 5 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 “B” 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. 9.A.f Packet Pg. 2244 Attachment: Resolution Confirming Assessment Costs for 25th Street - District "B" (4498 : Public Hearing to Confirm Streetlight Assessment Page 5 of 5 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 9.A.f Packet Pg. 2245 Attachment: Resolution Confirming Assessment Costs for 25th Street - District "B" (4498 : Public Hearing to Confirm Streetlight Assessment Item 9.A: Public Hearing to Confirm Streetlight Assessment Costs July 13, 2021 9.A.k Packet Pg. 2246 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for Past Council Actions •4/18/17 Accepted resident petitions and adopted resolutions to set a public hearing on July 25, 2017. •7/25/17 Held a public hearing and directed the City Clerk to accept ballots and tabulate the vote for each district. •8/8/17 Accepted certified results of the district elections and adopted resolutions to assess property owners for the costs of streetlight improvements. •6/8/21 Adopted resolutions setting a public hearing on July 13, 2021 to confirm assessment costs. 9.A.k Packet Pg. 2247 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for 10th Street –Carlyle Ave to Marguerita Ave Streetlight Assessment District “A” 9.A.k Packet Pg. 2248 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for District “A” Assessments •Total Project Cost: $169,756.62 •City Contribution: $90,506.62 •Maximum Estimated Assessment: $79,250 •Final Confirmed Assessment: $79,250 •Average Assessment per Parcel: $3,773.81 •Range of Assessments: $3,594.94 -$5,405.85 9.A.k Packet Pg. 2249 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for Streetlight Assessment District “B” 25th Street –Idaho Ave to Washington Ave 9.A.k Packet Pg. 2250 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for District “B” Assessments •Total Project Cost: $146,155.69 •City Contribution: $73,077.85 •Maximum Estimated Assessment: $74,500 •Final Confirmed Assessment: $73,077.84 •Average Assessment per Parcel: $3,177.30 •Range of Assessments: $2,358.87 -$3,282.47 9.A.k Packet Pg. 2251 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for Recommended Action Staff recommends that the City Council hold a public hearing, receive public comment, and adopt resolutions confirming assessment costs for the installation of streetlights in the following assessment districts: •District “A” –10th Street between Carlyle Avenue and Marguerita Avenue; and •District “B” –25th Street between Idaho Avenue and Washington Avenue. 9.A.k Packet Pg. 2252 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for District “A” Assessments Assessment No.Parcel Area (SF) Maximum Estimated Assessment Amount Final Confirmed Assessment Amount 1 403 10th Street 7,488 $3,594.94 $3,594.94 2 409 10th Street 7,502 $3,601.66 $3,601.66 3 411 10th Street 7,504 $3,602.62 $3,602.62 4 417 10th Street 7,491 $3,596.38 $3,596.38 5 423 10th Street 7,506 $3,603.58 $3,603.58 6 427 10th Street 7,504 $3,602.62 $3,602.62 7 435 10th Street 7,490 $3,595.90 $3,595.90 8 437 10th Street 7,503 $3,602.14 $3,602.14 9 443 10th Street 7,505 $3,603.10 $3,603.10 10 447 10th Street 7,491 $3,596.38 $3,596.38 11 453 10th Street 7,502 $3,601.66 $3,601.66 12 454 10th Street 7,492 $3,596.86 $3,596.86 13 450 10th Street 7,521 $3,610.78 $3,610.78 14 444 10th Street 11,260 $5,405.85 $5,405.85 15 434 10th Street 11,250 $5,401.05 $5,401.05 16 428 10th Street 7,498 $3,599.74 $3,599.74 17 424 10th Street 7,500 $3,600.70 $3,600.70 18 418 10th Street 7,528 $3,614.14 $3,614.14 19 412 10th Street 7,504 $3,602.62 $3,602.62 20 408 10th Street 7,519 $3,609.82 $3,609.82 21 402 10th Street 7,514 $3,607.42 $3,607.42 Parcel Address 9.A.k Packet Pg. 2253 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for District “B” Assessments Assessment No.Parcel Area (SF) Maximum Estimated Assessment Amount Final Confirmed Assessment Amount 1 901 25th Street 8,342 $3,339.54 $3,275.79 2 909 25th Street 8,329 $3,334.34 $3,270.69 3 911 25th Street 8,343 $3,339.94 $3,276.19 4 917 25th Street 8,331 $3,335.14 $3,271.47 5 921 25th Street 8,347 $3,341.55 $3,277.76 6 927 25th Street 8,329 $3,334.34 $3,270.69 7 933 25th Street 8,359 $3,346.35 $3,282.47 8 939 25th Street 8,329 $3,334.34 $3,270.69 9 941 25th Street 8,344 $3,340.34 $3,276.58 10 947 25th Street 8,328 $3,333.94 $3,270.30 11 953 25th Street 8,356 $3,345.15 $3,281.29 12 959 25th Street 8,327 $3,333.54 $3,269.90 13 2431 Washington Ave 6,007 $2,404.78 $2,358.87 14 948 25th Street 7,993 $3,199.83 $3,138.75 15 942 25th Street 7,997 $3,201.43 $3,140.32 16 938 25th Street 8,023 $3,211.84 $3,150.53 17 934 25th Street 7,994 $3,200.23 $3,139.14 18 928 25th Street 7,994 $3,200.23 $3,139.14 19 924 25th Street 8,024 $3,212.24 $3,150.92 20 918 25th Street 7,994 $3,200.23 $3,139.14 21 914 25th Street 7,994 $3,200.23 $3,139.14 22 910 25th Street 8,021 $3,211.04 $3,149.74 23 902 25th Street 7,992 $3,199.43 $3,138.35 Parcel Address 9.A.k Packet Pg. 2254 Attachment: PowerPoint Presentation (4498 : Public Hearing to Confirm Streetlight Assessment Costs for