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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 '