City Council
Meeting: May 8, 2001 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Accept
the Certified Results of the Streetlight Installation Assessment Election,
Approve the Formation of Assessment Districts along Various Streets based upon
the Results, Adopt the Attached Resolution of Intention to Assess Property
Owners for the Construction Cost of Streetlight Installation in Conformance
with Proposition 218 and Direct Staff to Proceed with the Streetlighting
Project
This report recommends that the City Council accept the certified results of the streetlight installation assessment election as tabulated by the City Clerk and approve the formation of various Assessment Districts based upon the results of the election for the installation of new streetlights in conformance with Proposition 218.
The report also recommends that
the City Council adopt a Resolution of Intention to
assess property owners for the construction cost of streetlight improvements and issue bonds as security for unpaid assessments in
conformance with Proposition 218 and order the work to begin.
Background
On April 10, 2001 City Council held a Public Hearing for the Formation of
Streetlight Assessment Districts in conformance with Proposition 218 for the
following streets:
District “A” Ozone Avenue - Lincoln Boulevard to Frederick Street
District “B” Dewey Street - 17th Street to 23rd Street
District “C” Robson Street - 17th Street to Dewey Street
District
“D” Marine Street - Lincoln Boulevard to 17th Street
District
“E” Strand Street - 5th
Street to 6th Street
District “F” Frederick Street
- Marine Street to Dewey
Street
Ballots were tallied proportional to the financial obligation of each
affected property. The City Clerk
received ballots and kept them secured until this Council meeting. The results
are as follows:
|
DISTRICT |
LOCATION |
RESULT |
|
A |
Ozone Avenue - Lincoln
Boulevard to Frederick Street |
Failed |
|
B |
Dewey
Street -17th Street to 23rd Street |
Passed |
|
C |
Robson Street - 17th Street
to Dewey Street |
Passed |
|
D |
Marine Street - Lincoln Boulevard to
17th Street |
Passed |
|
E |
Strand Street - 5th Street to 6th
Street |
Failed |
|
F |
Frederick Street - Marine Street to
Dewey Street |
Failed |
The City will solicit competitive bids
for the project and Council will award a contract to the best bidder. Property owners may pay for the improvements
in full after construction is completed, or they may choose to pay the bondholder in installments over a ten-year period at an
interest rate of 9.5%.
Budget/Financial
Impact
The proposed total cost breakdown for the project is as follows:
Estimated
property owner assessments $
154,100
Estimated City
contributions $
309,900
Total project
estimate $
464,000
Funding for the City portion in the amount of $309,900 is available in the following account: C01072400.589000 – “Streetlight Retrofit Program”. The remaining estimated costs for the project in the amount of $154,100 would be paid through the property owner assessments. Assessments will be paid upon completion of the work and will be held in a Trust Account pending payment to the Contractor. Bonds are issued for any unpaid assessments. Bond proceeds are paid to the Contractor or assignee, and the property owner(s) then reimburse the bond holder(s) over time.
Staff recommends that the City
Council:
1. Accept the certified results of the streetlight installation
assessment election;
2. Approve the formation of various assessment districts;
3.
Adopt the attached Resolution of Intention; and
4.
Order
the work to begin.
Prepared by: Craig Perkins, Director of
Environmental and Public Works Management
Anthony Antich, P.E., City Engineer
Dave Britton, P.E., Senior Civil Engineer
Ruth Odell, Engineering Support Services
Supervisor
Jim
Creager, P.E., Civil Engineer
Attachment: Resolution of Intention
PWM:CP:AA:DB:RO
F:\DATA\SPFILES\SP1797\CC1797-Resolution5_8_01.doc
City Council
Meeting: May 8, 2001 Santa Monica,
California
RESOLUTION
NUMBER _______
(CITY COUNCIL
SERIES)
A RESOLUTION
OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND
DECLARING ITS INTENTION TO CONSTRUCT STREETLIGHTING ON VARIOUS CITY STREETS AS
SHOWN ON CITY DRAWINGS NO. 10077A THRU 10079A WITHIN THE CITY OF SANTA MONICA
WHEREAS, the
City Council of the City of Santa Monica proposes to initiate proceedings for
the establishment of assessment districts and the levy of assessments for
payment of costs of streetlight improvements in accordance with the
requirements of Article XIII D of the California Constitution, the Proposition
218 Omnibus Implementation Act (Government Code Sections 53750 et.seq.), and
Section 7.04.860 of the Santa Monica Municipal Code for the following areas in
the City of Santa Monica:
District
B Dewey Street - 17th Street to 23rd Street
District
C Robson Street - 17th Street to Dewey Street
District
D Marine Street - Lincoln Boulevard to 17th Street
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 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 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 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 streetlight improvements and appurtenant
work on the streets shown on City Drawings No. 10077A through 10079A and
generally known as FY 2000-2001 - Construction of High Pressure Sodium
Streetlight Systems on:
District
B Dewey Street - 17th Street to 23rd Street
District
C Robson Street - 17th Street to Dewey Street
District
D Marine Street - Lincoln Boulevard to 17th Street
SECTION 2. The total estimated cost of the proposed improvements is $464,000
The property owners’ share of the cost is estimated at $154,100.
SECTION 3. Improvements shall be conducted in accordance
with the requirements of the Proposition 218 Omnibus Implementation Act,
Section 7.04.860 of the Santa Monica Municipal Code and the Improvement Act of
1911 (Section 5000 et.seq. of California Streets and Highways Code).
SECTION 4. On August 9, 2000 at 7:00 p.m., a public
meeting was held between City staff and affected property owners and residents
to discuss the location of streetlights, types of streetlights and estimated
costs.
SECTION 5. The proposed improvements are of more than
local or ordinary public benefit, and the City Council hereby resolves that the
assessment districts in the City of Santa Monica to be benefited by the
improvements be assessed a portion of the costs of the
improvements as hereinafter provided.
In accordance with past City policy, the proposed assessment spread for
streetlights is:
|
TYPE OF |
TYPE OF |
CITY |
PROPERTY |
|
PROPERTY |
FOOTAGE |
SHARE |
SHARE |
|
RESIDENTIAL |
FRONT FOOTAGE |
50% |
50% |
|
|
SIDE FOOTAGE |
80% |
20% |
|
NON-RESIDENTIAL |
FRONT FOOTAGE |
20% |
80% |
|
|
SIDE FOOTAGE |
60% |
40% |
These proposed assessment amounts
are equal to or less than the proportionate special benefit cost of streetlight
for each parcel as identified in the Engineer’s Report.
The assessment districts are
depicted in Drawings No. 10077A through 10079A, which are on file in the Office
of the City Engineer.
All public streets, alleys, or
portions thereof, hereby are excepted from the districts.
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. Serial bonds bearing interest at the rate 9.5%
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. Each serial
bond shall extend over a period ending nine (9) years from the second day of
January next succeeding the next September 1st following its date. Property owners shall make payments on the
principal of unpaid assessments and interest to the City Treasurer and the same
shall be disbursed by him/her or as provided in the " Municipal
Improvement Act of 1911. In accordance with Streets and Highways Code
Section 6442, the City Treasurer as the cost of servicing the delinquency may
retain the first two- percent (2%) delinquency penalty authorized by such
section. 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 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 in this bond, and all penalties accrued and unpaid.
SECTION 8. Notice is hereby given that on Tuesday, April 10, 2001, at 7:00 P.M., in the City Council Chambers located in City Hall, 1685 Main Street, Santa Monica, California, a public hearing was held before the City Council for the purpose of determining whether the public convenience and necessity require the above-described improvements and for the purpose of allowing 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 with this Resolution of Intention.
SECTION 9. The City Clerk gave notice of the hearing by
publication as hereinafter provided.
Any interested person may file a protest against the proposed work or
improvements in writing 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 Section 4 of
Article XIII D of the California Constitution.
Owners of the properties may vote on the assessment district by
submitting assessment ballots before the close of the first public
hearing. Non-resident owners of controlled
rental units may pass through the cost of the assessment to tenants in
conformance with Rent Control Regulations.
SECTION 11. Pursuant to Public Contract Code Section
20433, the City Council hereby finds that the public interest will not be served
by allowing the property owners to 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 (CDBG) funds may be applied for payment of assessments
on property owned by low-to-moderate income households.
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:
______________________
MARSHA JONES
MOUTRIE