EPWM:CP:AA:PT:S:\
Council
Meeting: March 8, 2005
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
STREET IMPROVEMENTS AND DECLARING ITS INTENTION TO CONSTRUCT VARIOUS STREET IMPROVEMENTS
ON YALE STREET AS SHOWN ON CITY DRAWING SERIES NO. 6518 WITHIN THE CITY OF
WHEREAS, the City Council of the City of Santa Monica
proposes to initiate proceedings for the establishment of an assessment
district and the levy of assessments for payment of costs of various street improvements
in accordance with the requirements of Article XIIID of the California
Constitution and the Improvement Act of 1911 for the following area in the City
of Santa Monica:
District
WEREAS,
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 street 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
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SECTION 1. The
City Council proposes to initiate proceedings for the design and construction of
various street improvements shown on City Drawing Series No. 6518 and generally
known as Yale Street Improvement Project on:
District
SECTION 2. The total estimated cost of the proposed street
improvements is $1,228,000. The property
owners’ share of the cost is estimated at $908,000.
SECTION 3. Improvements
shall be conducted in accordance with the requirements of Article X111D of the
California Constitution and the Improvement Act of 1911 (Sections 5000 et seq.
of the California Streets and Highways Code).
SECTION 4. On February
1, 2005 at 7:00 P.M., a public meeting was held between City staff and affected
property owners and residents to discuss plans and estimated costs of the
improvement.
SECTION 5. The
proposed improvements are of more than local or ordinary public benefit, and
the City Council hereby resolves that the assessment district in the City of
·
Single-family properties. Property owners in this category are assessed
100% based on the parcel frontage and cost per lineal foot. For example, if the total project cost is
approximately $195.00 per lineal foot and your parcel frontage is 50 feet, the
cost estimate would be 50 feet multiplied by $195.00 per lineal foot, or
$9,750.00. All corner lots in this
category, regardless of the property address, are assessed 50% of the yard
facing the improved street. For example,
if the parcel’s yard facing the improved street were150 feet, the cost estimate
would be 150 feet multiplied by 50% and by $195.00 per lineal foot, or $14,625.
·
Condominium and Multi-unit properties. Property owners in this category are charged
for a portion of the total project cost according to the amount of lineal feet
that the entire development fronts the improved street, divided by the number
of units in the complex. For example,
given a ten-unit complex with a frontage of 50 feet and construction cost
estimate of $195.00 per lineal foot, the total cost estimate is $9,750.00. Each unit owner in this example will be
assessed one-tenth of the complex’s share, or $975.00. Some corner lots are assessed 50% if the
property address is on the adjacent street.
·
Non-residential properties. Property owners in this category are assessed
100% based on the parcel frontage and cost per lineal foot. Some corner lots are assessed 50% if the
property address is on the adjacent street.
These
proposed assessment amounts are equal to or less than the proportionate special
benefit cost of improvements for each parcel as identified in the Engineer’s
Report. The assessment district is depicted in Drawing Series No. 6518, which
are on file in the Office of the City Engineer.
All public streets, alleys, or portions thereof, hereby are exempt from
the district.
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 XX% per annum shall be issued to represent each assessment of the
remaining unpaid balance 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, March
8, 2005, at 7:00 P.M., in the City Council Chambers located in City Hall, 1685
Main Street, Santa Monica, California, a public hearing will be 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 shall give 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 not pass through the
cost of the assessment to tenants.
SECTION 10. 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 11. 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
City Attorney