R-8963
e
e
EPWM:CP:AA"RS sm:cc1446sh [S:\sp1446]
Council Meeting: November 14, 1995
Santa Monica, California
RESOLUTION NUMBER 8963 (ecs)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA SETTING A PUBLIC HEARING ON JANUARY 9,
1996 FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION
OF STREETLIGHTING AND DECLARING ITS INTENTION TO
CONSTRUCT STREETLIGHTING, REPLACE DETERIORATED
STREETLIGHTS AND APPURTENANT WORK ON VARIOUS CITY STREETS
AS SHOWN ON CITY DRAWING NO. 10061 WITHIN THE CITY OF
SANTA MONICA
WHEREAS, the City Counc~l of the C~ty of Santa Monica proposes
to initiate proceedings under the Improvement Act of 1911 and
Government Code for streetlight installation on:
23rd Street
from Washington Avenue to Idaho
Avenue
from Washington Avenue to California
Avenue
from Montana Avenue to Alta Avenue
from Marine Street to end of street
(dead end)
from Montana Avenue to Washington Avenue
Chelsea Avenue
Lincoln Boulevard
Prospect Avenue
Yale Street
and for replacement of deteriorated streetlights on:
San Vicente Boulevard from Ocean Avenue to 4th Street; and
WHEREAS, Section 19 of Article XVI of the California
Const~tution prov~des that certain specified debt limitation and
majority protest provisions shall not apply, if after the giving of
such reasonable not~ce by publication and posting and the holding
of such publ~c hearing as the City Council of the City of Santa
Monica shall have prescr~bed, the City Council by no less than
four-fifths vote of all members thereof f~nds and determines that
e
e
the publ~c 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 otherwise
subJect thereto when said improvement proceeding is by a charter
c~ty and said city has complied the provisions of Section 19 of the
Artlcle XVI of the California Constitut~oni and
WHEREAS, the City of Santa Monica ~s 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 streetlighting 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
Chelsea Avenue
from Washington Avenue to Idaho Avenue
from Washington Avenue to Cal~fornia
Avenue
from Montana Avenue to Alta Avenue
from Marine Street to end of street
(dead end)
from Montana Avenue to Washington Avenue
Lincoln Boulevard
Prospect Avenue
Yale Street
SECTION 2.
The City Council proposes to initiate proceedings
for the replacement of deteriorated street lighting and appurtenant
work on the street shown on C~ty Drawings No. 10061 and generally
known as:
e
e
SAN VICENTE BOULEVARD - from Ocean Avenue to 4th Street.
SECTION 3. The total estimated
improvement ~s $410,000. The property
estimated at $215,600.
cost of the proposed
owners' share of cost is
SECTION 4. Improvements shall be conducted under the
Improvement Act of 1911, which is Division 7 of the Streets and
H~ghways Code of the State of California.
SECTION 5. The proposed work or improvement in the op~nion
of City Counc~l of the City of Santa Mon~ca is of more than local
or ordinary public benefit, and City Council hereby proposes that
the district in the City of Santa Monica to be benef~tted by said
work or improvement and to be assessed to pay one-half of the cost
and expense thereof, at approximately $16.00 per front footage for
standard streetlights, $29.00 per front footage for San Vicente
Boulevard, but for decorat~ve streetlights on Yale Street and
Chelsea Avenue, the City will pay approximately $16.00 and the
property owners will pay approximately $22.00 per front footage, is
shown upon a certain map indicating the exterior boundary thereof,
which said Drawing No. 10061-A is on file in the Office of the City
Engineer. The map hereby is referred to and shall govern for all
details as to the extent of sa~d assessment d~strict. The
assessment district includes in general the lots and parcels
descr~bed in Section 1 above but reference hereby is made to said
Drawing for all details as to the extent of said assessment
d~strict and for any variation between the last mentloned general
description and the extent of said assessment district as shown on
said map. All public streets or alleys, or portions thereof,
e
e
hereby are excepted from sa~d d~strict.
SECTION 6. The City will pay a portion of the cost and
expenses of the work descr~bed herein, and the City Controller is
author~zed and directed to pay the same immediately upon
conf~rmation of the assessment by City Council.
SECTION 7.
Serial bonds bearing interest at the rate 8.75%
per annum shall be issued to represent each assessment of One
Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty
(30) days after the record~ng of the warrant. Each serial bond
shall extend over a per~od end~ng 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 191111 hereinafter referred to In accordance with Streets
and Highways Code Section 6442, the first two percent (2%)
del~nquency 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 lnterested in
any lot or parcel of land described herein, at any time before
maturlty, 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 principal sum, together with a premium of
five (5) percent of said unmatured principal, thereof with interest
thereon (if not previously paid) up to the next succeeding January
2 or July 2, as the case may be, at the rate named ~n this bond,
and all penalties accrued and unpaid.
e
e
SECTION 8. Notice is hereby given that on Tuesday, the 9th
day of January, 1996 at 6:30 p.m., in the City Council Chambers
located In Clty Hall, 1685 Main Street, Santa Monica, California,
there shall be a public hearing before said City Council for the
purpose of determining whether the public convenience and necessity
require the above-described improvement and for the purpose of
allow~ng any and all persons having any objections to the proposed
work or improvement to appear and show cause why the said proposed
work or improvement should not be carried out in accordance with
said Resolut~on of Intention. Inquiries concerning th~s public
hear~ng should be directed to the Department of Environmental and
Publ~c Works Management, Engineering Division, at (310)458-8721.
SECTION 9. The Clty Clerk shall give not~ce of the hearing
by posting a copy of this Resolution in the manner described by
Streets and Highways Code Section 5065 and by publ~cation as
hereinafter provided. Any interested person may protest against
the proposed ~mprovement in writing f~led with the City Clerk at
any time not later than the hour set for the hearing in the manner
provided by Streets and Highways Code Section 5220.
SECTION 10. The Superintendent of Streets shall cause to be
conspicuously posted along the llne of said contemplated work or
improvement and also along all the open streets within the said
d~strlct, not~ce of the passage of this Resolution of Intention in
the manner and form prescribed by law.
The C~ ty Clerk hereby is directed to mail notices, in the
manner and form prescribed by law, of the adoption of this
Resolution to all persons owning commercial, industrial, or
e
e
residential real property in the hereinbefore described assessment
district, whose names and addresses appear on the last equalized
assessment roll for the C~ty taxes or as known to the City Clerk.
SECTION 11 The City Clerk hereby is d~rected 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 lntervening between the respective publication dates, not
counting the first day of publication and terminates at the end of
the twenty-first day, including therein the first date. The first
publication is to be made not less than forty-five (45) days prior
to the date of the above public hearing.
SECTION 12. Pursuant to Public contract Code Section 20433,
the Clty Council hereby states that the property owners may not
contract for the improvements and that the City shall be
responsible for letting and administering the construction contract
for this district.
SECTION 13. The City hereby declares that Community
Development Block Grant (CDBG) funds may be applied for paYment of
assessments on property owned by low-to-moderate lncome households.
e
e
SECTION 14. 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:
MAR~~
City Attorney
e
e
Adopted and approved thIS 14th of November, 1995
kJJ~
Mayor
I hereby certIfy that the foregomg ResolutlOn 8963 (CCS) was duly adopted at a meetIng
of the CIty CouncIl held on the 14th of November, 1995 by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
'--
.~~ .~o_.~
CIty Clerk '