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R-9231 . . EPWM CP AA RS ro s \sp1446\cc1446a1 wpd City Council Meeting January 13. 1998 Santa Monica, California RESOLUTION NUMBER 9231 (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING PUBLIC HEARINGS FOR MARCH 10,1998, AND APRIL 14,1998, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREETLlGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREETLlGHTING ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO 10061 WITHIN THE CITY OF SANTA MONICA WHEREAS. the City Council of the City of Santa MOnica proposes to Initiate proceedings under the Right to Vote on Taxes Act (Proposition 218), the MUnicipal Improvement Act of 1911, the Government Code, and the Santa MOnica MUnicipal Code for new streetlight Installation on 23rd Street 29th Street Lincoln Boulevard Pnnceton Street Prospect Avenue Yale Street - from Arrzona Avenue to WIlshIre Boulevard - from Ocean Park Boulevard to Pearl Street - from Montana Avenue to Alta Avenue - from Wilshire Boulevard to WashIngton Avenue - from Manne Street to the end of street (dead end) - from Montana Avenue to Washington Avenue, 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 by publication and posting and the holding of such public 1 . . heanng as the City Council of the City of Santa MOnica shall have prescnbed, the City Council by no less than four-fifths vote of all members thereof finds and determines that the public convenience and necessity require the proposed Improvements to be made, and WHEREAS, 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 othelWlse 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 Callforma 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 RESOLVE AS FOLLOWS SECTION 1 The City Council proposes to Initiate proceedings for the installation of streetllghtlng and appurtenant work on the streets shown on City Drawing No 10061 and generally known as FY 1995-96 (Phase VII) - Construction of High Pressure Sodium streetlight systems on 23rd Street 29th Street Lincoln Boulevard Princeton Street Prospect Avenue Yale Street - from Anzona Avenue to Wilshire Boulevard - from Ocean Park Boulevard to Pearl Street - from Montana Avenue to Alta Avenue - from Wilshire Boulevard to Washington Avenue - from Manne Street to the end of street (dead end) - from Montana Avenue to Washington Avenue 2 . . SECTION 2 The total estimated cost of the proposed Improvements IS $382.342 15 The property owners' share of the cost IS estimated at $181,27527 SECTION 3 Improvements shall be conducted under the Improvement Act of 1911, which IS DIVIsion 7 of the Streets and HIghways Code of the State of California, the Right to Vote on Taxes Act (Proposition 218), and Section 704370 of the Santa MOnlca MUnicipal Code SECTION 4 Public meetings were held between City staff and Impacted property owners and residents on December 10, 1995, and October 10, 1996, to discuss the location of streetlights, types of streetlights (decorative versus standard) available and approximate costs SECTION 5 The proposed Improvements In the opinion of the City Council of the City of Santa MOnica are of more than local or ordinary public benefit, and the City Council hereby proposes that the dlstnct In the City of Santa MOnica to be benefitted by the Improvements be assessed the costs of the Improvements as hereinafter provided For standard style streetlights, residential properties shall be assessed at approximately $1600 per foot of footage with the City contnbutlng an equal amount, and non-residential property owners shall be assessed $2560 per foot offrontage With the City contnbutlng $6 40 per foot of frontage For decorative style streetlights on Yale Street and Pnnceton Street, residential properties shall be assessed approximately $22 00 per foot of frontage with the 3 . . City contnbutlng $16 00 per foot of frontage, and non-residential property owners shall be assessed $31 60 per foot of frontage with the City contnbutmg $640 per foot of frontage The dlstnct IS shown upon a map mdlcatmg the extenor boundary thereof known as Drawing No 10061-A, which IS on file m the Office of the City Engmeer The assessment dlstnct Includes In general the lots and parcels descnbed In Section 1 above, but reference hereby IS made to Drawing No 1 0061-A for all details as to the extent of the assessment dlstnct and for any vanatlon between the last mentioned general descnptlon and the extent of the assessment dlstnct as shown on the map All public streets or alleys, or portions thereof, hereby are excepted from the dlstnct SECTION 6 Parcels owned by non-profit organizations which can demonstrate that the organizatIon receIves a welfare exemption from the Los Angeles County Assessor shall be exempt from thiS assessment SECTION 7 The CIty Will pay a portion of the costs and expenses of the work descnbed herein, and the City Controller IS authonzed and directed to pay the same Immediately upon confirmatIon of the assessment by the City CounCil SECTION 8 Serial bonds beanng Interest at the rate 8 5% per annum shall be Issued to represent each assessment of One Hundred Fifty Dollars ($15000) or more remaIning unpaid for thirty (30) days after the recordmg of the warrant Each senal bond 4 . . shall extend over a penod ending nine (9) years from the second day of January next succeeding the next September 1st follOWing Its date Payments on the principal of unpaid assessments and Interest shall be made by property owners to the City Treasurer and the same shall be disbursed by him/her or as provIded In the "Improvement Act of 1911" hereinafter referred to In accordance With Streets and Highways Code Section 6442, the first two percent (2%) delmquency penalty authOrized by such section may be retained by the City Controller as the cost of servicing the delinquency This bond may be redeemed by the owner or any person Interested In any lot or parcel of land described herein, at any time before maturity and before commencement of proceedings for sale, upon payment to the Treasurer for the holder of this bond of the amount then unpaId on the pnnclpal sum, together With a premium of five (5) percent of said unmatured pnnclpal thereof With Interest thereon (If not previously paid) up to the next succeedmg January 2 or July 2, as the case may be, at the rate named In this bond, and all penalties accrued and unpaid SECTION 9 Notice IS hereby given that on Tuesday, March 10, 1998, and Tuesday, Apn114, 1998, at 630 PM. In the CIty CounCil Chambers located In City Hall, 1685 Main Street, Santa MOnica, Callforma, there shall be public heanngs before the City CounCil for the purpose of determining whether the public convenience and necessity require the above-descnbed Improvements and for the purpose of allowmg any and all persons haVing any objections to the proposed work or Improvements to appear and show cause why the proposed work or Improvements should not be carried out In accordance 5 . . with this Resolution of Intention InqUiries concerning the public hearings should be directed to the Department of Environmental and Public Works Management, DIvIsion of Engmeerlng, at 458-8727 SECTION 10 The CIty Clerk shall give notice of the heanngs by publication as hereinafter proVIded Any Interested person may file a protest agamst the proposed work or Improvements m wntmg with the City Clerk at any time not later than the hour set for the first publIc hearing In the manner set forth In the Streets and Highways Code Section 5220. Eligible voters may also vote on the assessment district by submlttmg ballots before the close of the first public heanng Eligible voters for assessed reSidential properties are the reSidents, whether owners or renters, of the streets Included within the assessment dlstnct Non-resident owners of controlled rental Units may pass through the cost of the assessment to tenants In conformance with Rent Control Regulations Eligible voters for non-reSidential properties are the owners of the properties SECTION 11 City Staff IS directed to mall notices and ballots, pursuant to Government Code Section 54954 6 and the Right to Vote on Taxes Act, In the manner and form prescnbed by law, upon the adoption of thiS Resolution to all eligible voters In the hereinbefore described assessment district, whose names and/or addresses appear on the last equalized assessment roll for the City taxes or are known to the office of the City 6 . . Engineer City staff IS directed to mall notices but not ballots to any owners of residential properties that are not residents of the streets Within the assessment dlstnct SECTION 12 The City Clerk hereby IS dIrected to publish this Resolution, In accordance With Government Code Section 6063, In The Outlook. once a week for three successive weeks, With at least five days intervening between the respective publication dates, not counting the first day of publication and terminates at the end of the twenty-first day, mcludlng therein the first date The first pUblicatIon IS to be made not less than forty- five (45) days pnor to the date of the above public hearing SECTION 13 Pursuant to Public Contract Code Section 20433, the City CounCil hereby states that the property owners may not contract for the Improvements and that the CIty shall be responsIble for lettmg and adminIstering the constructIon contract for thIs d Istnct SECTION 14 The City hereby declares that Commumty Development Block Grant (CDBG) funds may be applied for payment of assessments on property owned by low-to-moderate Income households 7 . . SECTION 15 The CIty Clerk shall certify to the adoption of this Resolution, and thereafter the same shall be In full force and effect APPROVED AS TO FORM ;tIlL( ~ J_~.~~J<4_~ MARSHA JON'ijS MOUTRIE City Attorney '~ 8 . . Adopted and approved this 13th of January, 1998 ~dhL Robert Holbrook, Mayor I, Mana M Stewart, City Clerk of the City of Santa Monrca, do hereby certify that the foregoing Resolution 9231 (CCS) was duly adopted at a meeting of the CIty Council held on the 13th of January, 1998 by the follOWing vote Ayes Councllmembers Ebner, Femstem, Genser, Greenberg, Holbrook, O'Connor, Rosenstein Noes Councllmembers None Abstain Council members None Absent Councllmembers None ATTEST ~~D \~~- ,,\- '\ Mana M Stewart, City Clerk