ITEM 6-E
Council Meeting: December 8, 1992 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Accept a Petition For the Installation
of Streetlights, and Set Public Hearing for January 12,
1993 for the Proposed Streetlighting District on Arizona
Avenue From Franklin Street to Centinela Avenue
INTRODUCTION
This report requests that City Council accept a petition requesting
the installation of streetlights on Arizona Avenue, from Franklin
Street to Centinela Avenue and adopt the attached Resolution of
Intention which sets a public hearing for January 12, 1993 which
declares the City's intention to assess property owners for costs
and issue bonds as security for unpaid assessments.
BACKGROUND
Procedure for Residential Streetlight Installation
In accordance with City code, whenever the occupants of 60 percent
of the residential units in any area petition the City Council to
institute proceedings for residential streetlighting improvement,
the City Council shall institute proceedings under Improvement Act
of 1911 to provide residential streetlighting to such area.
Property owners are assessed for streetlighting based on their
property's dimensions. In accordance with City policy, residential
property owners are assessed 50% of their front footage or 20% of
their side footage costs for construction of the streetlighting
system. The City pays the balance.
Petitions having the minimum required signatures are presented to
City Council and a time and date is set for a public hearing. After
considering the public testimony, the City Council may order the
work to begin. Then the project is competitively bid by private
contractors, a contract is awarded by City Council to the lowest and
most responsible bidder and bonds are authorized to be sold. Owners
may pay for the improvements in full, or they may pay over ten (10)
years to include an interest rate which is currently at 8.8% per
annum.
Discussion
Petitions requesting streetlighting along Arizona Avenue as well as
several other areas were presented to City Council on June 9, 1992.
A public hearing was held on July 28, 1992 and the City Council
ordered the work to begin in all areas except Arizona Avenue. At
the request of City Staff, the hearing for Arizona Avenue from
Franklin Street to Centinela Avenue was deferred to a later date.
The deferral was due to a complaint received from a property owner
from Arizona Avenue concerning the validity of the streetlighting
petition signed by the occupants of the area.
A property owner claimed that only the signatures of occupants of
the units with Arizona Avenue addresses should be accepted in the
petition, and that corner lots with non-Arizona Avenue addresses
should not have the right to sign the petition. The City's past and
present policy has been to accept petitions from occupants of all
the units in an area. Some corner lots may have the address of the
adjacent street, but since they will benefit from the streetlights,
they were allowed to sign the petition and will be assessed.
A petition was circulated in 1991, but did not have the required 60%
signatures. A new petition was requested by the circulators in
early 1992. Staff and City Attorney's Office reviewed the new
petition for Arizona Avenue and determined that it follows City
policy and practice, and is a valid petition. Rent Control Staff
verified that 15 out of 25 total occupants of the area signed the
petition. The Church of Latter Day Saints located at the corner of
Arizona and Centinela was not counted towards the 25 total occupants
of the area since it was not considered a residential unit. The
Pastor, however, is in favor of the streetlight installation, but he
is not one of the 15 people who signed the petition since the Church
is not eligable to sign. Even without the church, this petition
meets the 60% requirement and conforms with Rent Control Regulations
for pass-through of assessments. In most instances, pass-through
charges will be less than $2.00 per month per apartment unit.
Staff is presenting this petition to City Council for acceptance and
is requesting that a public hearing be set for January 12, 1993, to
hear protests, if any, and approve the establishment of an
assessment district in accordance with the Improvement Act of 1911
of the Streets and Highways Code.
Notices will be posted and occupants and property owners will be
notified by mail of the time and date 15 days in advance of the
public hearing and a notice will be advertised in The Outlook in the
manner prescribed by State Law.
Copies of the signed petition, a map of the proposed assessment
district and a list of property owners and occupants will be
available for review in the Council Chambers at the time of the
public hearing.
BUDGET/FINANCIAL IMPACT
The 25 residents of this area reside at five residential properties.
In addition there is one church in the area. Since the church is
not considered a residential unit, it will be assessed the
commercial rate. The church is on a corner lot and will be assessed
$10.70 per side footage. The estimated prorated assessment for
residential property owners is $13.40 per front footage and $5.40
per side footage for corner lots. Out of the six properties to be
assessed four are corner lots, therefore, the City's share of the
assessment is higher than 50%. The total estimated property owners
share of assessments for this area is $5,200. The estimated cost
for a typical property owner's and other properties share on Arizona
Avenue ranges from $300 - $1,900 depending on lot size. The total
estimated construction cost is $21,000. A grant program will be
available for low to moderate income households.
Appropriation authority for the City's contribution is available in
CIP Account No. 01-770-453-25491-8917-99155, "New Streetlight
Systems", in the amount of $15,800.00. The remaining costs for the
project will be paid through property owner assessments.
Assessments will be paid upon completion of the work and will be
held in a trust account #80-000-000-00000-9750-04289 for payment to
the contractor installing the streetlights. Bonds are then issued
for any unpaid assessments. Bond proceeds are paid to the
Contractor and the property owner(s) then pay the bond holder(s)
over time.
RECOMMENDATION
It is recommended that City Council:
1. Accept the streetlight petition for the installation of
streetlights on Arizona Avenue - from Franklin Street to
Centinela Avenue;
2. Adopt the attached Resolution setting a public hearing
for January 12, 1993, and declare the City's intention to
assess property owners for costs and issue bonds as
security for unpaid assessments.
Prepared by: Stan Scholl, Director of General Services
Tony Antich, City Engineer
Attachment: Resolution of Intention
RESOLUTION NUMBER
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING
ON JANUARY 12, 1993 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 AND APPURTENANT WORK ON
ARIZONA AVENUE FROM FRANKLIN STREET TO CENTINELA
AVENUE AS SHOWN ON CITY DRAWING NO. 10042 WITHIN
THE CITY OF SANTA MONICA
WHEREAS, the City Council of the City of Santa Monica
purposes to initiate proceedings under the Improvement Act of 1911
for streetlighting improvements on Arizona Avenue from Franklin
Street to Centinela 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
such reasonable notice by publication and posting and the holding of
such public hearing as the City Council of the City of Santa Monica
shall have prescribed, 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 otherwise
subject thereto when said improvement proceeding is by a Charter
City and said City has complied with the provisions of Section 19 of
the Article XVI of the California 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 streetlighting and appurtenant
work on the street shown on City Drawing No. 10042A and generally
known as, Phase VI - Construction of High Pressure Sodium
streetlight systems on :
ARIZONA AVENUE - from Franklin Street to Centinela Avenue;
within the City of Santa Monica.
SECTION 2. The total estimated cost of the proposed
improvement is twenty one thousand dollars ($21,000).
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.
SECTION 4. The proposed work or improvement in the opinion
of City Council of the City of Santa Monica 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 benefited by said work or
improvement and to be assessed to pay one-half of the cost and
expense thereof, is shown upon a certain map indicating the exterior
boundary thereof, which said Drawing No. 10042-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 said assessment
district. The assessment district includes in general the lots and
parcels described in Section 1 above but reference hereby is made to
said Drawing for all details as to the extent of said assessment
district and for any variation between the last mentioned general
description and the extent of said assessment district as shown on
said map. All public streets or alleys, or portions thereof, hereby
are excepted from said district.
SECTION 5. The City will pay a portion of the cost and
expenses of the work described herein, and the City Controller is
authorized and directed to pay the same immediately upon
confirmation of the assessment by City Council.
SECTION 6. Serial bonds bearing interest at the rate of
8.8% 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 recording of the warrant. Said serial bonds
shall extend over a period ending nine (9) years from the second day
of January next succeeding the next September 1st following their
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 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 delinquency
penalty authorized by such section shall be retained by the City
Treasurer as the cost of servicing the delinquency.
SECTION 7. Notice is hereby given that on Tuesday, the
12th day of January 12, 1993, at 7:30 p.m., in the City Council
Chambers located in City 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 allowing 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 Resolution of Intention. Inquiries concerning this public
hearing should be directed to the Department of General Services,
Engineering Division, at (310) 458-8721.
SECTION 8. The City Clerk shall give notice of the hearing
by posting a copy of this Resolution in the manner described by
Streets and Highways Code Section 5065 and by publication as
hereinafter provided. Any interested person may protest against the
proposed improvement in writing filed 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 9. The Superintendent of Streets shall cause to be
conspicuously posted along the line of said contemplated work or
improvement and also doing all the open streets within the said
district, notice of the passage of this Resolution of Intention in
the manner and form prescribed by law.
The City 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 real property in the hereinbefore
described assessment district, whose names and addresses appear on
the last equalized assessment roll for the City taxes or as known to
the City Clerk.
SECTION 10. The City Clerk hereby is directed to publish
this Resolution in The Outlook on two successive dates, the first
publication is to be made not less than fifteen (15) days prior to
the date of the above public hearing.
SECTION 11. 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 letting and administering the construction contract
for this district.
SECTION 12. The City hereby declares that Community
Development Block Grant funds may be applied for payment of
assessments on property owned by low to moderate income households.
SECTION 13. The City Clerk shall certify to the adoption
of the Resolution, and thereafter the same shall be in full force
and effect.
APPROVED AS TO FORM:
JOSEPH LAWRENCE
Acting City Attorney