R-8229
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RESOLUTION NUMBER 8229 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION BY THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SETTING A PUBLIC HEARING FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE GUTTERS,
STREET RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIR AND
APPURTENANT WORK ON VARIOUS CITY STREETS, AS SHOWN ON CITY
DRAWING NO. 5911, IN THE CITY OF SANTA MONICA
WHEREAS, the City Council of the Clty of Santa Monica proposes to
initiate proceedings under the Improvement Act of 1911 for the construction of
concrete gutters, street resurfacing, repair of damaged sidewalks, driveways
and curbs; and
WHEREAS, Section V of Article XVI of the Califorma Constltutlon
prOVides that certain specified debt limltation and majority protest
provisions shall not apply if, after the giving of such reasonable notlce by
publication and posting and the holding of such publlC hearing as the C'\ty
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, Limitatlon 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 sa,d city has complied with
the provisions of Section 19 of Article XVI of the Callfornia constitution;
and
WHEREAS, the City of Santa Monica is a charter city of the State of
Cal Horni a,
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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 concrete gutters, street resurfacing, repair of damaged
s i dewa 1 ks, dri veways and curbs, and appurtenant work adj acent to commerc i a 1
and industrial properties on City streets as shown on City Drawing No. 5911 on
file in the office of the City Engineer as follows:
Street Limits
TO BE RESURFACED (Commercial and Industrlal Properties Only):
PICO BOULEVARD
PEARL STREET
MONTANA AVENUE
FOURTH STREET
CALIFORNIA AVENUE
TWENTI ETH STREET
FOURTEENTH STREET
TENTH STREET
SIXTH STREET
From Twentieth Street to Twenty-eighth Street
From Sixteenth Street to Seventeenth Street
From Seventh Street to Seventeenth Street
From San Vicente Boulevard to Montana Avenue
From Ocean Avenue to Seventh Street
From Pica Boulevard to 150' South
From Michlgan Avenue to North of Olympic Boulevard
From Santa Monica Boulevard to Colorado Avenue
From Broadway to Colorado Avenue
SIDEWALKS, DRIVEWAYS AND CURBS TO BE REPAIRED (Commerclal, Industrlal and
Residential Properties):
PICO BOULEVARD
PEARL STREET
MONTANA AVENUE
FOURTH STREET
CALIFORNIA AVENUE
TWENTIETH STREET
TWENTIETH STREET
FOURTEENTH STREET
TENTH STREET
SIXTH STREET
From Twentieth Street to Twenty-eighth Street
From Sixteenth Street to Seventeenth Street
From Seventh Street to Seventeenth Street
From San Vicente Boulevard to Montana Avenue
From Ocean Avenue to Seventh Street
From Pico Boulevard to 150' South
From Pearl Street to 500' North
From Michigan Avenue to North of Olymplc Boulevard
From Santa Monica Boulevard to Colorado Avenue
From Broadway to Colorado Avenue
all within the City of Santa Monica.
SECTION 2. The improvements shall be conducted under the Improvement
Act of 1911, which is contained in Oivislon 7 and Chapter 22 of the Streets
and Highways Code of the State of Californla.
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SECTION 3. The proposed work or improvements in the opinion of Clty
Council of the City of Santa Monica is of more than local or ordinary public
benefit, and the City Council hereby proposes that commercial or industrial
property owners in the district in the City of Santa Monica to be benefited by
gutter installation and street resurfacing be assessed the full cost of
approximately $11.50 per lineal foot for gutter construction and approximately
$9.00 per lineal foot for street resurfacing, which is one-half the cost.
Commercial and industrial property owners will be assessed the full cost of
$6.00 per square foot for sidewalks, $7.50 per square foot for driveways and
$10.50 per 1 i nea 1 foot for curbs. Res i dent i a 1 property owners are assessed
for 50% of the above-mentioned costs.
The di stri ct affected by the proposed work or improvements is shown upon a
certain map indicating the exterior boundary thereof, which said Drawing No.
5962 is on fi 1 e in the offi ce of the City Engi neer. 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
parce 1 s descri bed inSect ion 1 above but reference hereby is made to sa; d
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.
SECTION 4. No bonds wlll be issued for the aforementioned assessment
district.
SECTION 5. Not ice is hereby gi ven that on Tuesday, the 9th day of
July, 1991, 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
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before said City Council for the purpose of determini ng whether the publ i c
convenience and necessity require the above-described lmprovements 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 said proposed work or
improvements should not be carried out in accordance with sald Resolution of
Intention. Inquiries concerning this public hearing should be directed to the
Department of General Services, Division of Engineering, at 458-8721.
SECTION 6. 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 Sections 5065 and 5616 and by publicatlon as hereinafter
provided. Any interested person may make 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 Highway
Code Section 5220.
SECTION 7. The Superintendent of Streets shall cause to be
conspicuously posted along the line of said contemplated work or improvements
and also along all the open streets within said district, notice of the
passage of this Resolution of Intention in the manner and form prescribed by
law.
The office of the City Engineer is directed to mail notices, in the
manner and form prescribed by law, of the adoption of this Resolution to all
persons owning commercial or industrial 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 offi ce of the City
Engineer.
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SECTION 8. The City Clerk is directed to publish this Resolution in
the Evening Outlook on two successive dates. The first publication 1S to be
made not less than fifteen days prior to the date of the above public hearing.
SECTION 9. Pursuant to Public Contract Code Sectlon 20433, the City
Council hereby states that the property owners may not contract for the
improvements and that the City shall be responsible for awardlng and
administering the construction contract for this district.
SECTION 10. 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:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 28th day of May, 1991.
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I hereby certify that the foregoing Resolution No. 8229(CCS)
was duly adopted by the City Council of the city of Santa Monica
at a meeting thereof held on May 28th, 1991 by the following
council vote:
Ayes: councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Ccuncilmell\bers: None
ATTEST:
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