SR-506-003-08 (30)
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AUG J 3 1985
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CounCIl l4eetlng: August 13, 1985 Santa Monlca, Ca11fornla
TO: Mayor and Clty Councll
FROM: Clty Staff
SuBJECT: PubllC HearIng on Assessments of Costs to Repa lr Damaged
Sidewalks, DrlVeYiays and Curbs (SR-85-68)
Introductlon
ThlS report requests the Clty Councll hold a publlC hearlng for the
assessment of costs to repalr damaged sldewalks, drlveways and curbs
at variOUS areas w1tnin the Cltyw It 1.5 recommended that Council
adopt the attacned Resolutlon confIrmIng the assessment of costs.
BacKground
On July 9, 1985, the CIty Councll set a publlc hearlng for August 13
1985, on the assessment of costs to repair damaged sldewalks,
drLveways and curbs wlthln the C1ty of Santa Monlca. Letters were
malled ten days In advance (August 2, 1985) to property owners
lnformlng them of the publiC hearing 1n accordance wlth the legal
requirements of Chapter 22 of the Improvement Act of 1911.
Budset/F1nanclal Impact
Th1s assessment distrlct wIll generate revenues to tne Clty over the
next two years ln the amount of $4,885.00. (Any unpa1d assessments
will be placed on the 1986 property tax bIllw)
7-B
AUG 1 3 1985
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Recommendat1on
It IS recommended the C~ty Council:
1. Open the publlC hearlng;
2. Close the publ~c hear1ng and acknowledge any protests; and
3. Adopt the attached Resolutlon conflrming the assessments.
Prepared by: Stan Scholl, DH ector of General ServIces
Jean Stanley, Admlnlstrat1ve Analyst
Attachments: Resolutl.on for Adoptlon
Letter to Property Owners
Street Superintendent's Report
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CITY. .
S A N TA M 0 N I C A
CALIFORNIA
NOTICE OF PUBLIC HEARING
Re: S~dewalk Assessment Distr~ct: SR-85-68
The s~dewalk repa~r at the above descr~bed property has been completed,
and the cost of the s~dewalk repa~r ~s $ . Your cost ~s
$ , wh~ch ~s one-half of the cost of the work done at the
location.
Pursuant to Streets and Highways Code Section 5618, th~s letter ~s
not~flcatlon that the C~ty Counc~l, pursuant to Resolution No. 7044
adopted on July 9, 1985, has scheduled a hearing to hear and pass
upon the report of the Super~ntendent of Streets of the cost of the
sidewalk repalr, ln connect~on wlth the above-descrlbed proJect,
together wlth any Ob]ectlons and protests, lf any, which may be
raised by any property owner llable to be assessed for the cost of
such sldewalk repalr and any other lnterested persons.
The hearlng wlll be held as follows:
DATE: August 13, 1985
PLAC: Clty Councll Chambers
Clty Hall
1685 Maln Street
Santa Monlca, Callfornla
TIME: 7:30 P.M.
Any protests or obJectlons must be ~n writing and must be flIed wlth
the City Clerk on or before the tlrne set for the hear~ng.
Upon conf~rmatlon of the report of the Superlntendent of Streets, as
provlded for ~n Streets and Highways Code Sectlon 5618, the cost of
the sidewalk repalr wlll be assessed agalnst your property, and you
wlll be notlfied of the manner of payment.
The Clty wl11 provlde finanClal assistance for low-to-moderate lncorne
persons. If your lTICOrne IS less than $15,350 for a family of one
person, $17,550 for two persons, $19,750 for three persons or 521,900
for four persons, call Nancy McFarland, 458-8701 for ~nformatlon on
thlS program.
Very truly yours,
{}~
Stanley E. Scholl
Superintendent of Streets
SES: ]p
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SITE ADDRESS DESCRIPTION OF WORK
PROPER1'Y OwNER & ASSESSMENr DONE
Stanlsa AnkIca 2634 3rd St. Remove and replace
Ml10savljevlc AnkIca Lot 7, Block N, 18 square feet of
443 16th Stret rract Vawters sidewalk. Remove and
Santa Monica, CA Ocean Vl.ew replace 63 square feet of
90402 $387.00 drlveway.
Roy G" BaldwIn et al 2628 3rd St. Remove and replace
2628 3rd Stree Lot 6, Block N, 72 square feet of
Santa Monlca Tract Vawters of driveway"
90403 Ocean V1ew
$360,,00
Laurance Barrett 2936 Ma1.n St" Remove and replace 42
2936 MaIn Street Lot A, square feet of sldewalk.
Santa Monlca, CA" Tract 2007
90405 $168,,00
Lavonne Bressler 836 Asnland Ave" Remove 150 square feet
836 Asnland Avenue #5 Lot 68, Block 31 of concrete parkway.
Santa Monlca, CA Tract Santa MonIca
90402 $150.00
Douglas Enlders 2216 Maln SL Remove and replace 21
Kathleen Enlders Lot 18, square feet of sIdewalk.
8 Sea Colony Drlve Tract Ivar A.
Santa Monica, CA welds SubdlvisIon
90405 $42.00
LOIS Karvett 1047 Ocean Park Remove and replace 100
1047 Ocean Park Lot 1, square feet of sldewalk"
Santa Monl.ca,CA Tract 2360
90405 $200.00
Jerry Koplof 3009 2nd St. Remove and replace 4S
3009 2nd Street square feet of s~dewalk.
Santa Monlca, CA 3011 2nd St"
90403 Lot 23, Block B
Tract Santa Fe
$180.00
MIChael F. Munro 830 Maple St. Remove and replace 105
830 Maple Street Lot 22, square feet of drlveway.
Santa Mon1ca, CA 'rract 2360 Remove and replace 14
90405 $665.00 11.neal feet of
curb.
Ada C. NeIlson 2519-2525 SL Remove and replace 37.5
2519 10th Street Lot 10, square feet of sIdewalk.
Santa MonIca, CA Tract 2360 Remove and replace 6
90405 $135.00 lIneal feet of
curb.
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Ken]l Ohte et al 1918 Maln St. Remove and replace 41
609 Channel Road Lot 16, Block 1 square feet of sldewalk.
Santa Monlca, CA 'rract South/
90402 Santa Monlca
$164.00
George Scolt 2627 LIncoln Blvd. Remove and replace 231
Marla Scolt Lot 30, Block 33 square feet of sldewalk.
Llncoln Center Tract East/ Remove and replace 30
8320 Fountaln Avenue Santa i"ionlca square feet of drlveway.
Los Angeles, CA $567.00 Remove 30 square feet of
90069 concrete parkway.
Davld Slmon 2721 6th St. Remove and replace 253.5
141 GeorgIna Avenue Lot 4, Block C square feet of sIdewalk.
Santa Monica, CA Tract Vawters
90402 Stoneham
$507.00
DaVld Simon 272.7 6th St. Remove and replace 316.5
141 Georglna Avenue Lot 6, Block C square feet of sIdewalk.
Santa MonIca, CA Tract Vawters
90402 Stoneham
$663.00
Ruth Snyder 2200 Maln St. Remove and replace 63
550 Hanley Avenue Lot 20, square feet of sldewalk.
Los Angeles, CA 'rract Ivar A.
90049 welds Subdlvlslon
$252.00
Florence Warner 1018 Grant St. Remove and replace 100
1018 Grant Street Lot 101, square feet of sidewalk.
Santa MonIca, CA Tract 5512
90405 $200.00
Helen Turner 2912 Jrd St. Remove and replace 21
L01S Woods Lot 3, Block B square feet of drIveway.
2450 Sllverlake Road Tract Santa Fe Remove and replace 14
Los Angeles, CA $245.00 lIneal feet of
90039 curb.
Total Assessments: $4,885.00
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STREET SUPERINTENDENrlS REPORr
REPAIR OF DAMAGED SIDE~iALKS , DRIVEWAYS, CURBS AND/OR REMOVAL
OF 08SrRUCTIONS, PERFORMED UNDER PROVISIONS OF DIvISION 7,
CHAPTER 22, SECTIONS 5600 TO 5630, OF THE STREETS AND HIGHwAYS
CODE OF 'fHE s'rAfE OF CALI FORNIA (SR-8S-68)
Pursuant to the provlSlons of D1V1Slon 7, Chapter 22, Sectlons
5600 of 5630, of the Streets and HIghways Code of the State of
Callfornla, the follow1ng work was caused to be done by the Street
Superlntendent:
The removal and replacement of 6 lIneal feet at $10 per l1.neal
foot;
The removal and replacement of 1059.5 square feet of s1dewalk
at $4 per square foot;
The removal of 180 lIneal feet ot PC concrete at $2 per lIneal
foot; and
The removal and replacement of 30 square feet of PC concrete
on drIveways at $5 per square foot.
The total cost of the above work was $4,808.00
The total proposed assesment for the above sIdewalk and curb
damage IS $2,404.00 or 50 percent of the to ta 1 cost. The other 50
percent of the cost 1S beIng pald by the Clty as the above repaIrs
were caused by tree root damage.
The removal and replacement of 34 Ilneal feet of PC concrete
curb at $10 per lIneal foot;
The removal and replacement of 209 square feet of PC concrete
on s1.dewalks at $4 per square foot; and
The removal and replacement of 261 square feet of PC concrete
on drlveways at $5 per square foot.
The total proposed assessment for sldewalks and curbs 1S
$2,481.00 or 100 percent of the to ta 1 cost as the damage was not
related to tr ee roots.
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Reference IS made to the attached sh e e ts for a descrIption of
the real property in front of wh 1 C h the work has been done, the
proposed assessment agalnst each property, and a descrlpt10n of the
work done in front of each property.
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Street Superlntendent
FlIed wIth the CIty Clerk thlS day of , 1985.
CIty Clerk
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BEFORE DISTRIBUTIO~ CHECK CO^TE~T OF ALL FOR CITY CjERK'S ACTIOX
DISTRIBUTION OF RESOLUTION 1 -7 ORDD)A~CE I;
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CouncIl ~~etlng Date ~~/vr Introduced:
t") Agenda Item it 7- 6 Adopted:
co AD'lAYS PUBLISH AOOPl'W ORDINANCfS*
......... Was It amended? /V~ t' *Cross out Attorney's ap?roval
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RESOLUTION NO. 7071(CCS)
(CITY COUNCIL SERIES)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CONFIRMI~G THE REPORT OF THE SUPERINTENDENT
OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS,
DRIVEwAYS AND CURBS (SR-85-68)
WHEREAS, the Street Super1ntendent of the City of Santa
Monica, pursuant to Sect10n 5600 to 5630 of the Streets and Highways
Code, commenced proceedings to cause the repair of damaged Sidewalks,
driveways and curbs in the City of Santa Monlca at 2634 3rd St., 2628
3rd SL, 2936 Main St., 836 Ashland Ave., 2216 Main St., 1047 Ocean
Park Blvd., 3009 2nd St, 3011 2nd St., 830 Maple St., 2519-2525 10th
St. , 1918 Maln St., 2627 Lincoln Blvd., 2721 6th St., 2727 6th St.,
2200 Maln St., 1018 Grant St., and 2912 3rd St.
WHEREAS, Sixty days after sa1.d order was served, the work had
not been completed by the owners or per sons in possession of the
affected properties, and the Superlntendent ot Streets caused the work
to be done~ and
WHEREAS, the Superlntendent of Streets gave the notice
requlred by Sectlon 5616 of the Streets and Hlghways Code; and
WHEREAS, the Superlntendent of Streets dId flle wlth the C1ty
Council of toe CIty of Santa Mon1ca hiS report of repalrs and cost as
requ1red by Sectlon 5617 of the Streets and Highways Code; and
WHEREAS, upon the day and hour flxed for hearlng by Resolution
Number 7044 ( CCS ) , the C 1 cy Counc 11 of toe Clty of Santa Monlca heard
ana passed upon the repor:t of toe Super1ntendent of Streets together
W1.th all Ob]ectlons and protests as required by Sectlon 5618 of the
Streets and H13Gways Code~
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NOW, THEREFORE, THE CITY COUNCIL OF THE CI'fY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The report of the Superintendent of Streets
heretofore fJ.led and above-described be and the same is hereby
confirmed.
SECTION 2. , All protests and obJections of every klnd and
nature to the report of the Superlntendent of Streets be and the same
are hereby overruled and denled.
SECTION 3. The cost of the repairs, as set forth in the
report of the Super1ntendent of Streets, shall be assessed agalnst the
properties therein descrlbed, wh1cn propertJ.es front upon the sidewalk
upon WhlCh the repalrs were made.
SECTION 4. If such assessment is not pald wlthin the tlme
permJ.tted by law, the same shall constitute a speclal assessment
agaJ.nst and llen on the propertles therein descrlbed, l.n the amoun t
set forth in the report of the Superlntendent of Streets, WhICh llen
shall contlnue untll the assessment and all lnterest thereon is pald
or until It lS dlscharged of record.
SECTION 5. If the assessment 15 not pald wlthln the tlffie
perm1tted by law, the Superlntendent af Streets, ln accordance wlth
SectIon 5628 of the Streets and f:l1ghways Code, shall dellver a Notlce
of Lu:n, prepared 1.n the manner requlred by Sectlon 5626 of the
Streets and Hlghways Code, to the County Audltor who shall collect the
assessment together ...lth all other taxes agalnst the property.
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SECTION 6. The City Clerk shall certify to the adoption of
this resolution and thenceforth and thereafter the sam~ shall be in
full force and effect.
APPROVED AS TO FORM:
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Clty Attorney
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Adopted and approved this 13th day of August, 1985.
~Ll. ~
I Mayor
I hereby certify that the foregoing ResolutIon No. 7071(CCS)
was duly adopted by the CIty CouncIl of the CIty of Santa MonIca
at a meetIng thereof held on August 13, 1985 by the followIng
CouncIl vote:
Ayes: Councllmembers: Conn, Epsteln, JennIngs, Katz,
Zane and Mayor Reed
Noes: Councllme!'lbers: None
AbstaIn: Councllmembers: None
Absent: Councllmembers: Edwards
ATTEST:
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CIty Clerk
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D-AVI D SImon
ATTORNEY AT LAW
4, GEO=':GII'.-A AVE"'\IUE
SflnHI monlOI, CflLlfO~ntfl 90402
Ti':LEPHONE (2131 393-6236
August 12, 1985
City of Santa Monica
Santa Monica City CounCil
City Hall BUlldmg
1685 Main Street
Santa Monoca, Call fornia 90401 Re: SIDEWALK ASSESSMENT DISTRICT
SR-85-68
2727 & 2721 SIXTH STREET
PROPERTIES
Dear Council Members
I have received notice that on August 13, 1985, you have scheduled a hearmg
to hear and pass upon the report of the Superintendent of Streets, regarding
the assessment of the costs of sidewalk repairs in front of property which I
own at 2727 SIXTH STREET and 2721 SIXTH STREET, Santa Monica. The proposed
assessment is for one-half of $1,326.00 for repairs at 2727 Sixth Street, and
one-half of $1,014.00 for repairs at 2721 Sixth Street.
Please take notice that I strongly object to this assessment and the payment of
any sums whatsoever for the sidewalk repairs. This objection IS based upon the
fact that the repairs were solely made necessary by the negligent and careless
acts of the City of Santa Monica in planting trees in the parkways of the sidewalk
areas. The roots from these trees caused the damage to the sidewalks. The City
is responsible for all damages arismg from the negligent and careless acts of the
City. This is provided for in the California Torts Claims Act, together with Court
decIsions establishing the liability of governmental agencies for their negligent acts.
The City of Santa MOnica has a long history of damages resulting to streets and
sidewalks from the plantmg of trees in the limited areas of parkways adjoinmg
sidewalks and streets. It is common knowledge that the roots from trees will cause
damage to adjoining streets, curbs and sidewalks. Yet in spite of this common
knowledge, the City of Santa Monica continues to plant such trees in areas where
they will do damage to such streets, curbs and sidewalks.
Evidence of such damage and the fact that sidewalks, curbs and streets are
solely damaged by the planting of trees, can be seen by exammg areas of the
City which have trees planted in the parkways. Sidewalks and curbs being made
out of cement Will last an indefmlte period of time. Many times for one hundred
years or longer. However, once trees are planted In the parkways, root damages
soon begin to appear.
I have objected in the past in writmg concerning the damages which has been
done to Sidewalks. curbs and streets. m front of properties which lawn, by
the planting of trees by the City. My obJections have not been listened to. I am
certain that I am not alone In obJecting. I have talked to other property owners
who have also objected, and have found their objections to be ignored.
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