R115811
City Council Meeting: April 23, 2024 Santa Monica, California
RESOLUTION NUMBER 11581 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING RESOLUTION NUMBER 10325 (CCS) TO CLARIFY
AUTHORIZATION TO LEVY ANNUALLY AND PLACE THE MAIN STREET BUSINESS
AREA FESTOON LIGHTING AND SIDEWALK CLEANING ASSESSMENTS ON THE
LOS ANGELES COUNTY PROPERTY TAX ROLLS
WHEREAS, on May 27, 2008, the City of Santa Monica (the “City”) adopted
Resolution No. 10294 (CCS) declaring its intention to set a public hearing to consider the
formation of the Main Street Business Area Festoon Lighting and Sidewalk Cleaning
Assessment District (the “District”), approved the final Engineer’s Report for the proposed
District pursuant to the provisions of the “Benefit Assessment Act of 1982” (commencing
with California Government Code Section 54703) (the “Act”) and in accordance with
Article XIIID of the California Constitution and the Proposition 218 Omnibus
Implementation Act (commencing with California Government Code Section 53750), and
authorized the City Manager and Parking Authority Executive Director to affirmatively sign
ballots on behalf of City and Parking Authority owned properties; and
WHEREAS, the proposed District would fund the costs of the preservation,
improvement, servicing, and maintenance of public street lighting, streets, roads, and
highways of benefit to property within the District; and
WHEREAS, the City notified the property record owners within the proposed
District that the proposed assessment for bulb placement would be levied for five years
and the assessment for operation and maintenance of the festoon lights and sidewalk
cleaning would be levied annually and that the maximum annual maintenance
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assessment rates for festoon lights and sidewalk cleaning would increase each
subsequent fiscal year by the annual change in the Consumer Price Index (“CPI”), during
the preceding year; and
WHEREAS, following notice duly given in accordance with applicable law, the City
Council held a full public hearing on July 22, 2008, at the time and place appointed
therefore regarding the proposed formation of the District, the proposed levy of the
assessments and the Engineer’s Report; and
WHEREAS, the City Council considered all oral and written statements, protests
and communications made or filed by any interested persons; and
WHEREAS, following the conclusion of the public hearing, assessment ballots
received by the City were tabulated by the City Clerk and a majority protest did not exist;
and
WHEREAS, under the authority of the Act, on July 22, 2008, the City adopted
Resolution No. 10325 (CCS) approving the formation of the District and approved and
confirmed the levy of assessments for the District as provided in the Engineer’s Report;
and
WHEREAS, the City Clerk was authorized and directed to file a certified copy of
Resolution No. 10325 (CCS) and the assessment roll with the County Auditor of the
County of Los Angeles for fiscal year 2008-09; and
WHEREAS, on or about August 3, 2023, the County of Los Angeles Department
of Auditor-Controller notified the City that Resolution No. 10325 (CCS) that the City
submitted along with the assessment roll for fiscal year 2023-24 did not include the
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required language authorizing the County Auditor-Controller to levy and place the
assessments on the Los Angeles County Property Tax Rolls annually and recommended
that the City clarify its resolution to make clear that the assessments may be collected
annually, that the City is authorized to submit these assessments to the County Auditor -
Controller, and that the City requests that the County Auditor-Controller collect the
assessments in the same manner as the County taxes; and
WHEREAS, the City determined that Resolution No. 10325 inadvertently omitted
the language that permits the County Auditor-Controller to levy the assessments
annually, rather than just for Fiscal Year 2008-09, for operation and maintenance of the
festoon lights and additional sidewalk cleaning and determined that County Auditor-
Controller’s request that the City clarify Resolution No. 10325 to clarify that such
assessments would be levied annually is in accordance with the City’s notices there were
duly given to all property record owners within the proposed District and with the
assessments as shown in the Engineer’s Report that were confirmed on July 22, 2008.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Section 6 of Resolution Number 10325 (CCS) is amended as follows:
Section 6. The City Council declares that the
assessments in the Engineer’s Report are hereby confirmed
as filed and as provided in the Engineer’s Report and,
subject to the permitted escalation factor, shall constitute the
maximum assessments which may be levied in any fiscal
year. The adoption of this Resolution constitutes the levy of
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the assessments for fiscal year 2008-09 and for subsequent
fiscal years as shown in the Engineer’s Report. As shown in
the Engineer’s Report, the assessments for Festoon Lights
Operation and Maintenance and Sidewalk Cleaning shall be
collected annually until the City Council determines that the
assessments are no longer necessary. Notwithstanding the
above, prior to July 31, 2008, the Assessment Engineer shall
determine if any updates to the Assessment roll are
required, and shall modify the assessment roll accordingly.
Such modified assessment roll, if any, shall then govern the
amount of the assessments for fiscal year 2008-09 and any
subsequent fiscal years.
SECTION 2. Section 8 of Resolution Number 10325 (CCS) is amended as follows:
Section 8. The City Clerk is hereby authorized and
directed to file a certified copy of this Resolution and the
assessment roll with the County Auditor of the County of Los
Angeles. Thereupon, the County Auditor shall enter on the
County roll the assessments for fiscal year 2008-09, and all
subsequent fiscal years as shown in the Engineer’s Report,
and said the assessments for Festoon Lights Operation and
Maintenance and Sidewalk Cleaning shall be collected
annually at the same time and in the same manner as
County taxes are collected.
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SECTION 3. This Resolution shall take effect immediately.
SECTION 4. Except as modified by this Resolution, all other terms and conditions
of Resolution No. 10325 (CCS) shall remain in full force and effect.
SECTION 5. The City Clerk 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:
_________________________
Douglas Sloan, City Attorney
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Adopted and approved this 23rd day of April, 2024.
__________________________
Phil Brock, Mayor
I, Nikima S. Newsome, Interim City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11581 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 23rd day of April, 2024, by the following vote:
AYES: Councilmembers Torosis, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
ATTEST:
_____________________________________
Nikima S. Newsome, Interim City Clerk
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