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SR-506-003-08 (64) ---/' GS: SE S~: MH: KS e santeonlca, Californ1a ::-1 Councll Meeting: Apnl 26~ 1~8~ J'". +: i ~ ~~ ~'V~' /~'rG- 51- '6 ~3-tJ13 r-~ /'~- r/ J /f;:-- ~ I" APR 2 6 1953 f -,' :-1:./ 1/ -:-/ if- b b 77 TO: t~ayor and Clty Council FROM: Clty Staff SUBJECT: Resolution Settlng a PubllC Hearlng fo r May 24, 1983 on the Assessment of Costs to Repalr Damaged Sldewalks, Driveways, and Curbs on Varlous Streets (SR-83-46) Introductlon ThlS repo rt requests the C1ty Counc11 set a publlC heanng for May 24, 1983, to hear protests regard1ng the work and conflrm the assessments of the cost to repalr damaged sldewalks, drlveways and curbs. Background On October 9, 1979, the City Councll approved a sldewalk repair program WhlCh provlded for property owner particlpat10n in the . cost of repairing damaged sidewalks. Property owner partlcipation 1 S 50% of the cost of the repa i rs 1 f the damage 1 S related to tree roots; the Clty pays the remalnlng 50% of the cost of the repalr. Property owners are assessed 100% of the cost 1 f the damage i S not related to tree root s . Certaln repalr work has been completed at the followlng addresses and the property owners I share of the costs are now due: 1837 to 1842 19th St. , 1901 19th St., 1097 1 9t h St., 1923 19th St. , 1925 19t h St. , 1927 19th St., 1943 19th St. , 1943 19th St. , 1957 19t h St. , 1963 19th St., 2001 19th St.. 2023 19th St., 2019 19th St. , 2009 19th St. , 2005 19th St., 2133 21st St., 2135 21st St. , 2401 b -c:- APR 2 6 1983 -- - -- --- - - - - ------- -- ---- 6'S: S E $-: M H : K S e Santeonl ca, Callforn1a Councll Meetlng: Apnl 26, 1983 21st St. and 2405 21st St. A public heanng must be held pursuant to prOY1S10nS of 01Y1Sl0n 7 , Chapter 22, Sectlons 5600 to 5630, of the Streets and H1ghways Code for the State of Ca11fornla. A resolut1on sett1ng the pub11c heanng for May 24, 1983, 1 S attached. Recommendatlon It 1 S recommended the Clty Council adopt the attached resolut1on settlng a pub11C hearlng for May 24, 1983, on the assessment of costs of the subJect sldewalk repalrs. Prepa red by: Stan Scholl, Dlrector of General Servlces Marsha Eubanks, Admln1strat1ve Analyst Attachment: Resolutlon for Adoption - - - - ----- ----- - - - -------- ~ ... - ~ - RESOLUTION NO. 6674(CCS) ,- (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO T~E REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REP~IR OF SIOEWALKS~ DRIVEWAYS AND CURBS. (SR-83-46 r THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Superintendent of Streets will fil e a rep 0 rt of repair pursuant to Section 5617 of the Streets and H1 ghways Code of the State of California, relating to the . construction of certain improvements to sidewalks and driveways at 1837 to 1842 19th St., 1901 19th St., 1097 19th St., 1923 19th St. t 1925 19th St., 1927 19th St.; 1943 19th St.; 1943 19th St.; . ~. 1957 19th St., 1963 19th St., 2001 19th St., 2023 19th St., 2019 19th St., 2009 19th St.; 2005 19th St., 2133 21st St.; 2135 21st St OJ 2401 21st St. and 2405 21st St. all within the Clty of Santa Mo n. i ca. A public hearing must be held pursuant to provisions all . r .. within the City of Santa Monica. SECTION 2. That pursuant to Section 5600 et seq. of . code, the City Countl1 said does hereby order and declare that on the 24th day of May, 1983, at 7:30 P.M., in the Council Chambers of the City Hall, it will hear and pass upon the report by the Superintendent of Streets of the cost of repalr, together with any obj ect ions or protests, if any, which may be ralsed by any p rope rty owner liable to be assessed for the cost of such repalr and any other interested persons. - .. ~ e 1/- t?6"-P~3-tP8' A-~ /0 111 r--,' .;--~ IIflR 2 6 J98J ~~ . - t"'" "-, ::-- - - - lL ", . ~-:./ :x:. ,L- , .... :z::.. <-- < , :7 ~. - -JO" '-.- ---; ):'J' 00 . 7- . C- . ,+'1 ;T G ~ -- The CIty Clerk }> '" - City of Santa Monica C' r I T~ 1685 Main Street J> ,.. -, r- Santa MOnica, California 90401 Re _ Sidewalk Assessment -1 oc ~ District SR-83-44 Property 1967 18th Street Owner: David Simon Dear City Clerk' I have received your written notice of a proposed assessment for the cost of sidewalk repairs made to the sidewalk, parkway or driveway In front of property which I own at 1967 18th Street, Santa MOnica. This letter is being written for the purpose of objecting and protesting to the proposed assessment. The cause of the damage to the sidewalk in front of my property and other properies located in the 1900 block of 18th Street, were tree roots planted by the CIty of Santa Monica in narrow parkways. The particular trees planted by the City on 18th street are commonly known as liquid Amber. These trees are a large and tall growing tree with large root systems. It is common knowledge that the root systems of these trees when planted in narrow parkways will eventually cause damage to the adjacent SIdewalks, curbs and cemented parkways or drive- ways. It 1'5 my contention that the City of Santa Monica was negligent In planting these type of trees on 18th Street. The proximate cause of the damage to the Sidewalk In front of my property was the negligent act of the City In planting these trees. The City of Santa MOnica either (a) had knowledge, or (b) In the exercise of ordinary care should of had knowledge that the act of planting these trees would eventually cause damage to sidewalks, etc., adjoinmg the trees. The City IS responSible for damages caused by their negligent acts. The City of Santa MOnica has a long history of damaged side- walks, curbs, parkways and driveways caused by tree roots. The repairs made to the Sidewalk In front of my property at 1967 18th Street, were not due to the ordinary wearing out of the sidewalk, which can be expected after a certain number of years. It was due to damages caused by a foreseeable act of the City. Under these circumstances the City should be solely respon- Sible for the damages and costs of thel r negligent act. Respectfully Yours, 5?lhl to 2YII1C,J DAVID SIMON ATTORNEY AT LAW David Simon 141 GEORGINA AVENUE SANT AMON ICA, CALIFORNIA 90402 DATED. APRIL 18, 1983 Ctr~~ I ~d-- -Yd'-<.ff c.~ /'1t4"'7/(.- / ~(~~ ,/ - - - - , - . e _1 ca, GS:SES:ME:J,/\S Santa Ca11fornia 7~A Counc11 Meet1ng: Ap nl 26, 1983 o t? (p- ([)tf)3 ..- t? S APR 2 (I '983 To: Mayor and C1ty Council From: C1ty St a f f SubJect: Publ1C Heanng on Assessments of Costs to Repa1r Damaged Sldewalks, Dn veways and Curbs (SR-83-44) Introductlon Th 1 S report requests the C1ty Counc11 hold a Publfc Hearing fo r the assessment of costs to repair damaged sldewalks, driveways and curbs at various areas with1n the C 1 ty . It i s recommended that Councll adopt the attached Resolutlon conflrm1ng the assessment of costs. Background On March 22, 1983, the City Counc11 set a pub11c hearing for Aprll 26, 1983, on the assessment of costs to repair damaged sidewalks, dn veways and curbs w1thin the C1ty of Santa Monlca. Letters were mal1ed to each property owner 1 n accordance wlth the legal requlrements of Chapter 22 of the Improvement Act of 1911 lnform1ng them of the pub11c heanng on April 15, 1983. Recommendation It is recommended the City Council: 1. Open the Pu b 1 i c Heanng; 2. Close the Pu b 11 C Heanng and acknowledge any protests; and 3. Adopt the Resolutlon conflrmlng the assessments. Prepa red by: Stan Scholl, D1rector of General Services Marsha Eubanks, Adminlstrat1ve Analyst Attachments: Resolut1on for Adoptlon letter to Property Own e rs Street Supen ntendent 's R e port 1-1t APR 2 6 1983 -----------------------~------------------------------------ f 0' e CITY S A N TA M 0 N I C A CALIFORNIA OFFICE OF THE DIRECTOR OF GEI\"ER4.L SERVICES 1685 ,"urN STREET, 393-9975 So\. '\T4. MONICA, CALIF 90401 NOTlCE OF PUBLIC HEARlNG Re: Sidewalk Assessment Distr1ct - SR-83-44 The sidewalk repair at the above described property has been completed, and the cost of the sldewalk repa1r 1 s $ . Your cost 1S $ , which is one-half of the cost of the work done at the location. Pursuant to Streets and Highways Code Sect10n 5616, this letter ; 5 notif1cation that the City Council, pursuant to Resolutlon No. 6648 adopted on March 22, 1983, has scheduled a hearlng to hear and pa s s upon the rep 0 rt of the Super1ntendent of Streets of the cost of the sldewalk repair, 1n connectlon wlth the above-descrlbed proJect, together with any obJectlons and protests, i f any, which may be raised by any property owner llable to be assessed for the cost of such sldewalk repair and any other interested persons. The hearing will be held as follows: DATE: April 26, 1983 PLACE: Cl ty Counci 1 Chambers Clty Hall 1685 Main Street Santa Monica, Cal,forn,a TIME: 7:30 P.M. .. Any protests or obJections must be in writing and must be filed with the City Clerk on or before the time set for the hearing. Upon confirmation of the report of the Super1ntendent of Streets, as provided for in Streets and Highways Code Section 5618, the cost of the sidewalk repair will be assessed against your property, and you will be notif1ed of the manner of payment. The City will provide assistance for low-to-moderate income persons. For information, ca 11 Marsha Eubanks, 393-9975, extension 221. ~l~L~ .? ..0 ~",~rtt....- Stanl E. Scholl Superlntendent of Streets SES:mh , - e STREET SUPERINTENDENT'S REPORT REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS, CURBS, AND/OR REMOVAL OF OBSTRUCTIONS, PERFORMED UNDER PROVISIONS OF DIVISION 7, CHAPTER 22, SECTIONS 5600 TO 5630, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (SR-83-44) Pursuant to the provlsions of Dlvislon 7 , Chapter 22, Sectlons 5600 to 5630, of the Streets and Highways Code of the State of Callfornla, the followlng work was caused to be done by the Street Superlntendent The removal and replacement of 1015 square feet of PC concrete on sldewalks at $4.00 per square foot; The removal and replacement of 12 lineal feet of PC curb at $10 per llneal foot; The removal and replacement of 54.5 square feet of PC drlveway at $5 per square foot; and The removal of 106.75 square feet of PC drlveway at $2 per square foot. The total cost of the above work was $4,666.00. The total proposed assessment for the above sldewalk and curb damage 1 5 $2,333.00 or 50 percent of the total cost. The other 50 percent of the cost 1 s be1ng pald by the Clty as the ab ov e repalrs were caused by tree root damage. -------------- - -- ------- -- --- ----- ---------------------------- , 1 - e , The removal and replacement of 161 square feet of PC concrete drlveway at $5 per square foot; The removal and replacement of 75 square feet of PC concrete dn veway at $4 per square foot; and The removal and replacement of 46l1neal feet of PC concrete curb at $10 per square foot. The total proposed assessment fo r sldewalks and curbs 1 s $1,565.00 or 100 percent of the total cost as the damage was not related to tree roots. Reference 1 s made to the attached sheets for a descr1ptlon of the real property 1 n front of WhlCh the work has been done, the proposed assessment aga1nst each property, and a descr1pt1on of the work done 1 n front of each property. ~ f'/'/~~l- St r eet Superl ntendent Fll el' th the CyQY C1 erk thlS {Ie day of Ci}~ . 1982. '~AI:t ~ kG! ,. C1 !Y{;l1~ rK (/ -------- -- t e e Robert & Shlrley Dent 2009 18th Street Remove and replace 75 2009 18th Street Lot 32, Block IS, square feet of sldewalk; Santa Monlca, CA 90404 Erkenbrecher Syndlcate Tract remove and replace 12.5 $231.00 square feet of sidewalk driveway; remove 50 square feet of PC concrete parkway a rea. Lee Thompson 1937 18th Street Remove and replace 50 1937 18th Street Lot 18, Block 15, square feet of sldewalk. Santa Monlca. CA 90404 Erkenbrecher Syndlcate Tract 5100.00 Lee Thompson 1937 18th Street Remove and replace 49 1937 18th Street Lot 18. Block 15, square feet of drlveway Santa Monlca, CA 90404 Erkenbrecher Syndicate Tract apron, remove and replace $385.00 14 lineal feet of curbing. Domlngo & Consuelo 1933 18th Street Remove and replace 75 Gonzales Lot 14, Block 15, square feet of sldewalk. 1933 18th Street Erkenbrecher Syndlcate Tract Santa Monlca, CA 90404 5150.00 James & Amle Buckman 1935 18th Street Remove and replace 50 6310 Wooster Avenue Lot 16, Block 15, square feet of sldewalk. Los Angeles, CA 90056 Erkenbrecher Syndlcate Tract $100.00 James & Amle Buckman 1914 18th Street Remove and replace 25 6310 Wooster Avenue Lot 5, Block 3, square feet of sidewalk. Los An ge 1 es, CA 90056 Erkenbrecher Syndlcate Tract $50.00 Joseph & Rose Rlcard 1928 13th Street Remove and replace 25 1114 San Vlcente Blvd. Lot II, Block 8. squa re feet 0 f s i dewa lk. Santa i~onica, CA 90402 Erkenbrecher Syndlcate Tract $50.00 Le Duff Brothers 1927 18th Street Remove and replace 50 1413 18th Street Lot 12. Block IS, square feet of sldewalk. Santa Monica. CA 90404 Erkenbrecher Syndicate Tract $100.00 Antonlo & Marla Rubio 1922 18th Street Remove and replace 62.5 1922 18th Street Lot 9, Block 8, square feet of sidewalk; Santa Monica. CA 90404 Erkenbrecher Syndicate Tract remove 14 square feet of $139.00 concrete parkway. ~1arsha Rushing 1919 18th Street Remove and replace 49 1919 18th Street Lot 8, Block 15, square feet of sidewalk Santa Monlca. CA 90404 Erkenbrecher Syndlcate Tract drlveway; remove and replace $385.00 15 llneal feet of curbing. - e Florence D. Caldwell 1818 18th Street Remove and replace 35 1318 18th Street Lot 7, Slack 9, square feet of sidewalk; Santa Monlca, CA 90404 Erkenbrecher Syndicate Tract remove 12.25 square feet $82.25 of PC Concrete parway a rea. Velma B. Latlmore 1760 18th Street Remove and replace 87.5 1760 18th Street Portion of 21 & 23 Lots, square feet of slde\"alk. Santa Monlca, C~ 90404 Block 10, Erkenbrecher Syndicate Tract $340.00 ~illiam & GraCle L. Bryant 1808 18th Street Remove and replace 50 1808 18th Street Lot 3, Block 9, Erkenbrecher square feet of sldewalk. Santa Monlca, CA 90404 Syndicate Tract $100.00 Cassle Hogue 2010 18th Street Remove and replace 75 2010 18th Street Lot 31, Block 8, square feet of sldewalk Santa ~~onica, CA 90404 Erkenbrecher Syndlcate Tract in drl velflay. $300.00 Cassle Hogue 2010 13th Street Remove and replace 50 2010 18th Street Lot 31, Block 8. square feet of sidewalk. Santa flonl ca. CA 90404 Erkenbrecher Syndicate Tract remove 10.5 square feet $110.50 of PC concrete parkway. August1n & Bertha 2006 18th Street Remove and replace 75 Villarreal Lot 29, Block 8. square feet of sldewalk. 2006 18th Street Erkenbrecher Syndlcate Tract Santa Monlca. CA 90404 $150.00 Loranzo & Ivory Alexander 2005 13th Street Remove and replace 75 2005 18th Street Lot 30, Block 15, square feet of sidewalk. Santa Mon1ca. CA 90404 Erkenbrecher Syndicate Tract $150.00 Davld Slmon 1967 18th Street Remove and replace 135 141 Georg1na Avenue Lot 28. Block 15, square feet of sidewalk. Santa r1onica, CA 90402 Erkenbrecher Syndicate Tract remove 20 square feet of $290.00 PC concrete parkway area. Ernest Sr. & Celeste Afner 1964 18th Street Remove and replace 40 1964 18th Street Lot 25 and NW 5 feet of Lot 27. square feet of sidewalk. Santa Mon1ca. CA 90404 Block 8, Erkenbrecher Synd1cate Tract. $80.00 Ernest Sr. & Celeste Afner 1964 18th Street Remove and replace 63 1964 18th Street Lot 25 and NW 5 feet of Lot 27, square feet of sidewalk 1n Santa Monica. CA 90404 Block 3, Erkenbrecher Syndlcate drlveway, remove and replace Tract, $495.00 18 square feet of curbing. . e e Martha Rush1ng 1919 18th Street Remove and replace 55 1919 18th Street Lot 8. Block 15, square feet of sidewalk. Santa ~onlca. CA 90404 Erkenbrecher Syndicate Tract $110.00 I certify that on April 15, 1983. I deposited In the Unlted States Mall a Notice to Improve addressed to each property owner llsted at the above addresses as requlred by Chapter 22 of the Improvement Act of 1911. . e e t l . RESOLUTION NO. 6675(CC5) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-83-44) WHEREAS, the Street Superintendent of the City of Santa Monica, pursuant to Section 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 Monica at 1818 18th St., 1760 18th St., 1808 18th St., 2010 18th St., . 2006 18th St., 2005 18th St., 1967 18th St., 1964 18th St., 2009 18th St. , 1937 18th St., 1933 18th St. , 1935 18th St., 1914 18th St. , 10928 18th St., 1927 18th St., 1922 18th St., and 1919 1Bth St.; and WHEREAS, sixty days after said order was served, the work had not been completed by the owners or persons in possession .. of the affected properties, and the Superintendent of ~treets caused the work to be done; and WHEREAS, the Super1ntendent of Streets gave the notice " requ1red by Sectlon 5616 of the Streets and Highways Code; and WHEREAS, the Superintendent of Streets did flle with the C1ty Council of the C1ty of Santa Monlca hlS report of repairs and cost as required by Section 5617 of the Streets and Highways Code; and , , e e , ~ . WHEREAS, upon the day and hour fixed for hearing by Resolution Number 6648 (CCS), the City Co un c i 1 of the Ci ty of Sa nt a Monica heard and passed upon the report of the Superintendent of St reets together with all object ions and protests as required by Sect10n 5618 of the Streets and Highways Co de ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the report of the Superintendent of St reets he retof 0 re filed and above-descrlbed be and the same is . hereby confirmed. SECTION 2. That all protests and objections of every k1nd and nature to the report of the Superintendent of Streets be , ." and the same are hereby overruled and denied. SECT I ON 3. That the cost of the repairs, as set forth in the report of the Superlntendent of Streets, shall be assessed aga.inst the properties therein described, which properties front -;. upon the sidewalk upon which the repairs were made. SECTION 4. That if such assessment is not paid within , time the permitted by 1 a w , the same shall constitute a special assessment aga1nst and 11 en on the properties therein descrlbed, in the amount set forth In the report of the Superintendent of Streets, which lien shall continue until the assessment and all lnterest thereon is paid or untll 1 t is discharged of record. - -- --- - ---- . e It J . . SECTION 5. That If the asssessment is not paid within the time pe rmi t ted by law, the Superintendent of Streets, in accordance with Section 5628 of the Streets and Highways Code, shall deliver a Notice of Lien, prepared in the manner required by Section 5626 of the Streets and Highways Code, to the County Auditor who shall collect the assessment together with all ot her taxes against the property. SECTION 6. That the City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be i n f u 1 1 force and effect. . APPROVED AS TO FORM: ~M.~_- ~ . C, ty At to rney .. - v , . , e e " . .. ADOPTED ANn APPROVED THIS 26th DAY OF April I 1983. I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION . NO. 6675(CCS) WAS DULY ADOPTED BY THE CITY COUNCIL OF THE , ~ CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON AWi1 26 , 1983 BY THE FOLLOWING COUNCIL VOTE: .. AYES: CDUNCILMEMBERS: Conn, Epstein, Jennings, Press, Reed, Zane and HayoT Edwards NOES: COUNCILMEMBERS: None .. , - " ABSENT: COUNCILMEMBERS: None ABSTAIN: COU~CILMEMBERS: None " ATTEST: ~~~ttRK i J