SR-506-003-08 (64)
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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
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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
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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
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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
.
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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.
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The CIty Clerk }> '" -
City of Santa Monica C' r I T~
1685 Main Street J> ,.. -,
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Santa MOnica, California 90401 Re _ Sidewalk Assessment -1 oc
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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
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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
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APR 2 6 1983
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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.
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Stanl E. Scholl
Superlntendent of Streets
SES:mh
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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.
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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.
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St r eet Superl ntendent
Fll el' th the CyQY C1 erk thlS {Ie day of Ci}~ . 1982.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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APPROVED AS TO FORM:
~M.~_- ~ .
C, ty At to rney
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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
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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
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ABSENT: COUNCILMEMBERS: None
ABSTAIN: COU~CILMEMBERS: None
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ATTEST:
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