R-8577
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RESOLUTION NUMBER 8577(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA SETTING A PUBLIC
HEARING ON JULY 13 I 1993 FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF CONCRETE PAVEMENTS AND OTHER
APPURTENANT WORK ON 4TH COURT BETWEEN COLORADO
AVENUE AND BROADWAY and 9TH COURT FROM OLYMPIC
BOULEVARD TO 476' NORTH AS SHOWN ON CITY DRAWING
NO. 6061, IN THE CITY OF SANTA MONICA
WHEREAS, the Cl ty council of the City of Santa Monlca
proposes to lni tiate proceedings under the Improvement Act of
1911 and Government Code for the construction of concrete
pavements and other appurtenant work on 4th Court between
Colorado Avenue and Broadway and on 9th Court from olympic
Boulevard to 476/ North; and
WHEREAS, section 19 of Article XVI of the California
Constitution prov1des 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 lmprovements 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
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otherw~se subject thereto when said improvement proceeding is by
a charter city and sald city has compl1ed with the provlsions of
section 19 of Article XVI of the California Constitutlon: and
WHEREAS, the City of Santa Monica is a charter C1ty of
the State of California,
NOW t THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Clty Council proposes to init1ate
proceedings for the construction of a concrete alleys and other
appurtenant work adj acent to properties on 4th Court between
Colorado Avenue and Broadway and 9th Court from Olympic Boulevard
to 476/ North as shown on Clty Draw1ng No. 6061 on file in the
office of the City Engineer.
SECTION 2. The improvements shall be conducted under
the Improvement Act of 1911, WhlCh is contained in Dlvlsion 7 of
the streets and H1ghways Code of the State of california.
SECTION 3. The proposed work or lmprovements in the
oplnion of city Council of the City of Santa Monl.ca 1S of more
than local or ordinary public benefit, and the Clty Council
hereby proposes that property owners in the district in the city
of Santa Monlca to be benefited by construction of the concrete
alleys be assessed the full cost of construction. Commercial or
industrial property owners wlIl be assessed 100% of the
construction costs at approximately $72.00 per lineal foot for
properties on each side of the alley.
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The district affected by the proposed work or improvements is
shown upon a certain map indicating the exterior boundary
thereof, which said Drawing No. 6061A is on file in the office of
the Cl ty Engineer. The map hereby is referred to and shall
govern for all details as to the extent of said assessment
dlstrict. The assessment district includes in general the lots
and parcels described in Section 1 above but reference hereby l5
made to said Drawlng for all details as to the extent of said
assessment dlstrict and for any variation between the last
mentloned general descriptlon and the extent of said assessment
dlstrict as shown on said map.
SECTION 4.
No
bonds
will
be
1ssued
for
the
aforementioned assessment district.
SECTION 5. Notl.ce is hereby given that on Tuesday, the
13th day of July, 1993, at 6:30 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
Counc1l for the purpose of determlning whether the public
conven1ence and necessity require the above descrlbed
improvements and for the purpose of allowing any and all persons
having any obj ections to the proposed work or lmprovernents to
appear and show cause why the sald proposed work should not be
carried out in accordance with sa1d Resolut1on of Intention.
Inquirl.es concerning this public hearing should be directed to
the Department of General Servlces, Division of Engineerlng, at
458-8721.
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SECTION 6. The city Clerk shall give notice of the
hear1ng by posting a copy of this Resolution in the manner
described by the streets and Highways Code Section 5065 and by
publication as hereinafter prov~ded. Any interested person may
make protest against the proposed improvement in writing flIed
with the city Clerk at any time not later than the hour set for
the hear1ng in the manner provided by the streets and Highways
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 th1s Resolut1on of
Intention l.n the manner and form prescribed by law.
The City Clerk is d1rected to ma~l notices, pursuant to
Government Code Section 54954.9, in the manner and form
prescrlbed by law/of the adoption of this Resolution to all
persons owning commercial or industr~al property in the
hereinbefore described assessment district, whose names and
addresses appear on the last equal1zed assessment roll for the
City taxes or as known to the City Clerk.
SECTION 8. The city Clerk is d1rected to publlSh this
Resolution in accordance with Government Code Section 6066 in The
Outlook once a week for two weeks with at least five days
intervening between the first date and second date of
publicatlon. The first publication is to be made not less than
forty-flve days prior to the date of the above publ1C hearing.
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SECTION 9. Pursuant to Public Contract Code Sect10n
20433, the Cl.ty Council hereby finds that it is not in the public
l.nterest to allow the property owners to contract for the
improvements and thereby the City shall be responsible for
awardlng and administering the construction contract for this
distr1ct.
SECTION 10. The city Clerk shall certify to the
adoption of th1s Resolution, and thereafter the same shall be in
full force and effect.
APPROVED AS TO FORM:
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the needed repalrs, patching is not economically feaS1b1e. with
the installation of a concrete alley, maintenance will be reduced
and drainage will be improved. The life of the proposed concrete
alleys are estimated to be in excess of 50 years. This work is
proposed to be done in conjunctlon with the Annual Street
Resurfacing Program scheduled for September 1993.
Second and Third Court between Broadway and wilshire Boulevard
and Lincoln Court are similar alley assessment projects that were
completed l.n 1992. The proposed assessment for 4th and 9th Court
is $72.00 per lineal foot on each side of the alley. There are
no affected resl.dential properties w1thin the boundaries of thlS
assessment. There are eleven parcels on 9th Court and nine
parcels on 4th Court. The average assessment for a 50 foot lot
is approximately $3,600.00.
The assessment district will be administered in accordance with
the procedures set forth ~n the Government Code and the
Improvement Act of 1911 in the Cal~fornia Streets and Highways
Code. On April 1, 1993 notices were mailed to and informed all
affected property owners informing them of the proposed work and
their estimated assessment.
Budget/Financial Impact
The cost of the reconstructing both alleys is approximately
$116,000.00. The assessment district will generate revenues of
approx1mately $116,000.00 for FY 1993-94 which will be deposited
in Revenue Account No. 01-500-401-00000-0124-10000, "street
Resurfacing Assessment District. II A detailed breakdown of
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Adopted and approved thls 27th day of Apr1l, 1993.
0. cU> I~
\-~yor
I hereby cert1fy that the forego1ng Resolution No. 8577(CCS)
was duly adopted by the C1ty Counc11 of the City of Santa Mon1ca
at a meetl.ng thereof held on Aprll 27, 1993 by the follow1ng
CounC11 vote
riyes: Councllmembers: Abdo, Genser, Greenberg,
Holbrook, Rosenste1n, Vazquez
Noes CounCllmembers: None
J>...bstaln: Councilmembers: None
;...b sent: Counc1lmembers: Olsen
ATTEST:
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X20-tJ::ft;t;~
AsS1 C1t' Clerk
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PROOF OF PUBL'ATION
C2015.5 C.C.P.>
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid, I am over
the age of eighteen years. and not a party to
or Interested In the above-entitled matter I
am the pnncipal clerk of the printer of the
............. r~~ 91}.'f~QQJ{.... ...... ......
a newspaper of general Circulation. printed
and published .I?~.I.ltX. J:;~9.~.I?X .~~~}?~X.
In the City of . ~h.t-l.T A. f\'R.tHGA . .........
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general cIrculation by the Superior Court
of the County of Los Angeles, State of
California, underthedateof.!~!,,!...~6 19 .~~..
Case Number .. .3.H.:n.~.. ...1 that the notIce.
of which the annexed IS a printed copy (set
In type not smaller than nonpareil), has
been published In each regular and entire
Iss.ue of said newspaper and not In any
supplement thereof on the following dates,
to-Wit
:lay 29
June 5
all In the year 19 ~t
I certify (or declare) under penalty of
per I ury that the foregOing IS true and
correct
Dated at... ~A~T t.<. !.1.9.l~..r:.~......,.
5 June
Callfornla,thls..........dayof..... .., 19 ?~..
.1b~....1~.. .........
Signature
Free copu~s of thiS blink form mlv be secund from
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC
Legal Advertlsmg Clearmg House
POBox 31
Los Angeles CA 90053 Telephone 625.2541
Ple~se request GENERAL Proof of publIcaTIon
....I\en order,nq Th,s form
ThiS space IS for thetunty Clerk's Filing Stamp
Proof of Publication of
EO 5-106
RESOLUTION NUMBER 8577 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTEN-
TION OF THE CITY COUNCIL
OF THE CITY OF SANTA
MONICA SETTING A PUBLIC
HEARING ON JULY 13,1993
FOR THE PURPOSE OF
DETERMINING WHETHER OR
NOT THE PUBLIC
CONVENIENCE AND
NECESSITY REQUIRE THE
CONSTRUCfION OF
PAVEMENTS AND OTHER
APPURTENANT WORK ON 4TH
COURT BETWEEN COLORADO
AVENUE AND BROADWAY
AND rrH COURT FROM
OL YMPIC BOULEVARD TO 476'
NORTH AS SHOWN ON CITY
DRA WING NO. 6061, IN THE
l:lTY OF SANTA MONICA
WHEREAS the City CouncIl of
the City of Santa MOnica proposes
to InitIate proceedIngs under the
Improvement Act of 1911 and Gov.
ernment Code for the constructIon
of concrete pavements and other ap-
purtenant work on 4th Court be-
tween Colorado A venue and Broad-
lIIay and on 9th Court from OlympiC
Boulevard to 476' North, and
WHEREAS, SectIon 19 of Article
XVI of the CaLdorrna ConstItutIon
prOVides that certam specified debt
hmltatlOn and majority protest pro-
VISIOns shall Dot apply If, after the
glvmg of such reasonable notIce by
publication and postmg and the
holdIng of such public hearmg as the
City COUDeII of the City of Santa
MOnica shall have prescnbed, the
City CouDcIl, by no less than four-
fIfths vote of all members thereof,
fmds and determmes that the pubLIc
convemence and neceSSJty reqmre
the proposed Improvements to be
made; and
WHEHEAS, Streets and Highways
Code Section 2804 prOVides that the
"Special Assessment, InvestIgation
Limitation and Ma]onty Protest Act
of 1931" shall not apply to any pro-
ceedmg otherwise subject thereto
when said Improvement proceedmg
IS by a charter city and said city has
comphed With the prOVISions of Sec-
bon 19 of Arbcle XVI of the Cahfor-
rna constItubon, and
WHEREAS, the City of Santa
MOnIca IS a charter city of the State
of CaLIforma,
NOW THEREFORE. THE CITY
reference hereby IS made to saId
Drawmg for all detaIls as to the
extent of said assessment dlstnct
and for any vanatlOD between the
last mentIOned general deSCrIption
and the extent of Said assessment
dIstrICt as shown on said map
SECTION 4 No bonds Will be IS-
sued for the aforementioned assess-
ment dlstnct
SECTION 5 NotIce IS hereby giv-
en that on Tuesday, the 13th day of
July 1993, at 630 pm in the CIty
CouncIl Chambers located In City
Hall, 1685 MaIn Street, Santa Mom-
ca, Callforma, there shall be a pub-
hc hearmg before saId CIty Council
for the purpose of determmmg
whether the publIc convemence and
neceSSity reqUlre the above de.
SCrIbed Improvements and for the
purpose of allOWIng any and all per-
sons haVIng any obJectlOns to the
proposed work or improvements to
appear and show cause why the said
proposed work or Improvements
should not be carned out m accor-
dance \Hth said ResolutlOD of Inten-
tion inqmrIes concernmg this publ1c
hearmg should be directed to the
Department of General SerVlces, DI-
VISion of EngIneenng, at 458-8721
SECTION 6 The City Clerk shall
gtve notIce of the hearmg by postmg
a copy of thIs Resolution In the
manner descnbed by Streets and
Highway Code SectlOn 5065 and by
publ1catlOn as heremafter prOVided
Any mterested person may make
protest agamst the proposed Im-
provement In wntIng flied WIth the
City Clerk at any trme not later
than the hour set for the hearmg 10
the manner proVided by Streets and
Highway Code SectIon 5220
SECTION 7 The Supermtendent of
Streets shall cause to be conspiCU-
ously posted along the line of said
contemplated work or Improve-
ments and also along all the open
streets wIthm said distrIct, nobce of
the passage of tillS ResolutIon of
intention In the manner and form
prescnbed by law
The City Clerk IS drrected to maIl
notices, pursuant to Government
Code SectIon 54954 9 In the manner
31id form prescnbed by law, of the
adoptIon of Uus ResolutIon to all
persons ownmg commercIal or m-
dust rIal property 10 the herembe.
fore descnbed assessment distnct,
whose names and addresses appear
on thf' lad Pf1Uah7.AA ..,,- ~~_
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