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R-8735 . . RESOLUTION NUMBER 8735 (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON MAY 24, 1994, FOR THE PUR~OSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE GUTTER, STREET RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIR AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREAS AND APPURTENANT WORK, IN CONJUNCTION WITH THE FY 1993-94 STREET RESURFACING PROGRAM AS SHOWN ON CITY DRAWING NO. 6061, IN THE CITY OF SANTA MONICA WHEREAS, the City council of the City of Santa Monica proposes to initiate proceedings under the Improvement Act of 1911 and Government Code for the construction of concrete gutters, street resurfacing, repair of damaged sidewalks, driveways and curbs, and the removal of damaged pavement in parkway areas; 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 Ifspecial Assessment, Investigation, Limitation and Majority - 6 - . . Protest Act of 193111 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 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 construction of concrete gutters, street resurfacing, repair of damaged sidewalks, driveways and curbs, and the removal of damaged pavement in parkway areas, and appurtenant work adj acent to residential, commercial and industrial properties on City streets as shown on City Drawing No. 6061 on file in the office of the City Engineer as follows: street Limits STREETS TO BE RESURFACED AND GUTTER CONSTRUCTED (Commercial and Industrial Properties Assessed Only) ON: street Limits 1. San vicente - Ocean Ave. to 7th Street 2. Santa Monica Blvd. - Lincoln Blvd. to Ocean Ave. 3. Ocean Park Blvd. - 17th Street to 25th Street 4. 25th street - Pearl St. to pica Blvd. 5. Colorado Blvd. - 4th st. to Lincoln Blvd. 6. Pica Blvd. - 14th street to 20th Street 7. 23rd Street - Ocean Park Blvd. to east City limits 8. Alta Avenue - 22nd Street to 26th Street 9. 24th Street - Montana Avenue to Alta Avenue - 7 - . . SIDEWALKS, DRIVEWAYS AND CURBS TO BE REPAIRED, AND PARKWAY PAVEMENT REMOVED (Commercial, Industrial and Residential properties Assessed) ON: Street Limits 1. San Vicente - Ocean Ave. to 7th Street 2. Santa Monica Blvd. - Lincoln Blvd. to Ocean Ave. J. Ocean Park Blvd. - 17th Street to 25th Street 4. 25th Street - Pearl st. to pico Blvd. 5. Colorado Blvd. - 4th St. to Lincoln Blvd. 6. Pico Blvd. - 14th Street to 20th Street 7. 23rd street - Ocean Park Boulevard to east City limits 8. Alta Avenue - 22nd street to 26th street 9. 24th Street - Montana Avenue to alta Avenue SECTION 2. The improvements and repairs shall be conducted under the Improvement Act of 1911, which is contained in Division 7 and Chapter 22 of the streets and Highways Code of the State of California. SECTION 3. The criteria used to determine which streets are to be resurfaced and the method of repair include: age, surface and subsurface condi tions, complaints received, type of use (1. e. , commercial, industrial or residential), current traffic volume, and projected change of use or traffic volume. The proposed work or improvements in the opinion of City council of the City of Santa Monica is of more than local or ordinary public benefit, and the City Council hereby propose that: - 8 - . . Proposed Method of Soreadina the Assessment Cost conunercial/Ind. Residential Estimated Property Owners Property Owners Work Performed unit Cost Share of cost Share of Cost Gutter Construction $23.00 LF 100% NjA street Resurfacing 18.50 LF 100% NjA Sidewalks Repair 6.00 SF 100% 50% Driveways Repair 7.50 SF 100% 50% Curbs Repair 15.00 LF 100% 50% Parkway Paving 3.00 SF 100% 50% Removal The district affected by the proposed work of improvements is shown upon a certain map indicating the exterior boundary thereof, which said Drawing No. 6061-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. SECTION 4. Notice is hereby given that on Tuesday, the 24th day of May, 1994, at 6:30 P.M., in the City council Chambers located in city Hall, 1685 Main street, Santa Monica, california, - 9 - . . 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 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 said proposed work or improvements shall 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, Division of Engineering, at 458-8721. SECTION 5. The City Clerk shall give notice of the hearing by posting a copy of this Resolution in the manner described by the streets and Highways Code Sections 5065 and 5616 and by publication 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 the streets and Highways Code section 5220. SECTION 6. 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 City Clerk is directed to mail notices, pursuant to Government Code Section 54954.9, in the manner and form prescribed by law, of the adoption of this Resolution to all persons owning - 10 - . . commercial and 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 office of the City Engineer. SECTION 7. The City Clerk is directed to publish 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 publication. The first publication is to be made not less than 45 days prior to the date of the above public hearing. SECTION 8. Pursuant to Public Contract Code Section 20433, the City Council hereby finds that it is not in the public interest to allow property owners to contract for the street resurfacing and gutter construction improvements and thereby the City shall be responsible for awarding and administering the construction contract for this district. SECTION 9. 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: - 11 - . - Adopted and approved this 22nd day of March, 1994 f{ ctyt 14 Mayor I hereby certify that the foregomg Resolution No 8735 (CCS) was duly adopted at a meetmg of the City COWlcIl held on the 22nd day of March, 1994 by the followmg vote' Ayes: Councilmembers: Abdo, Genser, Greenberg, Olsen, Rosenstein. Vazquez Noes Councilmembers' Abstain: Councllmembers' Absent' COWlCllmembers Holbrook ATTEST: ~;fPr~ City Cletk ---