SR-508-000 (34)
..
... GS:"SE'S:ME:JAS
Councll Meetlng: May 10, 1983
Santa Monlca, callfornia~/11
50'$~ooo
MAY 1 0 1983
TO:
Mayor and Clty Councll
FROM:
SUBJECT:
Clty Staff
Public Hearlng on Gutter Construction and Street
ResurfacTng on Broadway between Eleventh Street
and Seventeenth Street
Introduction
ThlS report requests the Clty Councll to hold a publ1C hear1ng on
the constructlon of concrete gutters and street resurfaclng on
Broadway between Eleventh Street and Seventeenth Street.
Background
On Aprll 12, 1983, the Clty Councll adopted Resolution No. 6667
(CCS) settlng a public hearing for May 10, 1983, to hear any
protests concerning the construction of concrete gutters and
street
resurfacing on Broadway between Eleventh Street and
Seventeenth Street.
Broadway was one of the streets staff
lndicated
durlng
the
1982 budget hearings that would be
resurfaced.
Notlces of the publlC hearlng were mailed to property owners on
Apnl 29, 1983; the notlces were posted on April 29, 1983, all ln
accordance wlth State law.
Consistent with past polley for assessing commercial propertles,
this asseSSment wlll be a cash assessment and no bonds wlll be
lssued and the property owners wlll be assessed the full cost for
the construction of the gutters. ThlS cost is estlmated at $7 per
llneal foot based on past contracts. Staff belleves that the
property owner should be assessed one-half the cost of the street
7-A
1
MAY 1 0 1983
,
f. GS :'SE'S: ME: JAS
Councll Meet1ng: May 10, 1983
Santa Monica, Callfornia
resurfaclng.
It is estlmated that the assessment wlll be $5.75
per 11neal foot. This charge wlll be approxlmately 30-50% of the
total cost of the resurfacing dependlng on the wldth of the
street.
The proposed assessment is designed so that each
commerclal property owner would pay the same unlt assessment cost
regardless of the width of the street on WhlCh their property
fronts.
For a cammerclal property owner wlth a 50 foot lot, the
total estlmated assessment would be $287.50 for resurfaclng and
$350 for gutters.
Resldentlal propertles located wlthln the
dlstrlct wlll not be assessed for either gutter constructlon or
street resurfaclng.
F1nanclal Analys1s
ThlS project wlll be a part of the 1982-83 Street ResurfaCln9
ProJect.
The assessments for gutter lnstallation and street
resurfacing wlll ralse approxlmately $38.000 1n revenues.
Recommendatlon
It lS recommended that the Clty Council:
1. Open the publlC hearlng;
2. Close the publ1C hearln9 and acknowledge any protests;
and
3. Adopt the attached resolution establishing a gutter
constructlon and street resurfacing dlstrlct on Broadway
between Eleventh Street and Seventeenth Street.
Prepared by: Stanley E. Scholl, Dlrector of General SerVlces
Marsha Eubanks, Admlnlstratlve Analyst
Attachment: Resolutlon
Notice
CITY OF
SANTA
MONICA
CALIFORNIA
OFFICE 0.' THE DIRECTOR OF GE'iER\L SER\[('E'i
1685 \1-\1'\ STREET. 393-9975
"poT.\ \to'\IC\. C \llF 91>>01
NOTICE TO IMPROVE
At a regular meetlng held on April 12, 1983, the City Councll
adopted Resolution No. 6667 (CCS) which instructs the Street
Superintendent to order property owners to construct concrete
gutters and resurface the street along the property frontlng*
Broadway_ between Eleventh Street and Seventeenth Street. The
materlals and work shall be in accordance with the standards of
the City of Santa Monica. If construction is not begun withln_
60 days from the date of thls notice and diligently and wlthout
lnterruption prosecuted to completion, the Street Superintendent
shall cause the constructlon to be done and the cost shall be
assessed against and a lien on the property.
The City Council will hear and pass upon objections or protests
to the order to construct gutters and the resurface the street,
if any, by any property owner or other interested party at the
following date, time and place:
DATE:
TIME:
PLACE:
t~ay 1~, 1983
7:30 P.M.
City Counc1l Chambers
Santa Monica City Hall
1685 Main Street
Santa Monica, Californla
The estimated assessment for the gutter construct1on lS $7.00/front
foot and for street resurfaclng is $5.75/front foot if you do not
have the work done. You are under no obligation to do the work
yourselves. However, State law requires that the Clty give you the
opportunity to do the work yourself.
If you have any questlons. please call Marsha Eubanks at 393-9975
ExtenslOn 221.
~~:I~
Stanley E. Scholl
Street Superintendent
SES:db
DATE: April 29, 1983
*does not include residential property
Raymond L. Alvarez
P.O. Box 49425
West Los Angeles, C~ 90049
1620 Broadway
Albert Szyszkowskl
1301 Broadway
Santa Monlca. CA 90404
1305 Broadway
Irvin Grant and George J. Popovich
1311 Broadway
Santa Monica, CA 90404
1311 Broadway
John C. Mathews
1458 14th Street
Santa Monlca. CA 90404
1458 14th Street
Donald H. and Sally H. Kidson
29745 Hawester Road
Malibu, CA 90265
1457 12th Street
Constantlne J. Hassak1s
1221 Broadway
Santa Monica, CA 9404
1219 Broad\tlay
Ronald Fein
1454 Euclid Street
Santa Monlca, CA 90404
1225 Broadway
Avraham and Chaye D. levTtansky
1119 Broad\'Iay
Santa Monica, CA 904041
1119 Broadway
Johannes F. Van Tilburg
1101 Broadway
Santa Mon1ca, CA 90401
1101 Broadway
Robert M. Gabrlel et al
P. O. Box 620
Santa Monica, CA 90406
1102 Broadway
Janet ~argrave and Susan E. Rogers
354 Vlsta Del Robles
Arroyo Grande, CA 93420
1124 Broadway
Florence Cassldy
1126 Broadway
Santa Monlca, CA 90401
1126 Broad~'Jay
Patricia B. West
1128 Broad\'Iay
Santa Monica, CA 90401
1128 Broadway
'1argaret Lane
12224 Falklrk Lane
Los Angeles, CA 90049
1130 Broadway
Santa Mon1ca Ford Inc.
1230 Santa Monica Blvd.
Santa Monlca, CA 90404
1222 Broadway
"'"-~~ .:2
RESOLUTION NO. 6686(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ORDERING THE CONSTRUCTION OF
CONCRETE GUTTERS AND STREET RESURFACING ON
BROADWAY BETWEEN ELEVENTH STREET AND
SEVENTEENTH STREET ALL WITHIN THE CITY OF
SANTA MONICA.
WHEREAS~ the City Council of the City of Santa Monlca,
on the 12th day of April ~ 1983, adopted Resolution No. 6667 (CCS)
setting a public hearing;
WHEREAS~ written notices of said improvement have been
glven in the manner required by law; and
WHEREAS~ any and all wrltten objectlons and protests to
the work or the extent of the dlstrict to be assessed were heard
and considered by the City Council;
NOW~ THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
That the public convenience and necesslty
requi res
the
constructlon
of concrete gutters and street
resurfacing along Broadway between Eleventh Street and Seventeenth
Street, all within the City of Santa Monica.
SECTION 2.
That all protests and objectlons of every
kTnd and nature to the construction of concrete gutters and the
street resurfacing along Broadway between Eleventh Street and
Seventeenth Street, all within the City of Santa Monlca, be and
the same are hereby overruled and denied.
~ ~ .
SECTION 3. That pursuant to Streets and Highways Code
Section 5880, the Street Superintendent is directed to commence
the construction of concrete gutters and street resurfacing above
described after a 60-day period wherever the property owners have
not started the gutter construction and street resurfacing
themselves.
SECTION 4.
That the City Clerk shall certify to the
adoption of this resolution and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
~~.
~ ~~1
City Attorney
\ . 1: ,
ADOPTED AND APPROVED THIS
10th
DAY
OF
May
, 1 9 8 3.
ci2~x
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6686(CCS).WAS DULY ADOPTED BY THE CITY COUNCIL QF THE
CITY OF SANTA MONICA ftT A MEETING THEREOF HELD ON
May 10
. 1983 BY THE FOllOWING COUNCIL VOTE:
AYES:
COUNCIlMEMBERS: Conn, Press, Zane and Mayor Edwards
NOES:
COUNCILMEMBERS: Epstein and Reed
ABSENT:
COUNCILMEMBERS: Jennings
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
~~~
CITY CLERK
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May 4,
1983
C~ty Clerk, Santa Mon~ca
1685 Ma~n Street
Santa Mon~ca, Callf. 90401
Subject: Not1ce to Improve
Re: 1225 Broadway
Dear S~rs:
As owner of the aforement1oned property, I formally object to
and protest resolutlon No. 6667 (CCS) for the follow1ng reasons:
1. The cond1t1on of the proposed area, between Eleventh
Street and Seventeenth Street, 1S no better or worse
than any other stretch along Broadway. To s~ngle
thlS area out for lmprovement, fund lt by charglng
comnerclally zoned property owners and not resldent~al
owners lS belng arbltrary, caprlclous and dlscr1ffi1natory.
In the oplnlon of legal counsel, lllegal as well.
2. The C~ty rece1ves ltS share of property taxes and other
revenue to fund such publlC serVlces. There 1S no
precedent for lndlvldual property owners fundlng
publ1C works of thlS k~nd. In the op1n1on of legal
counsel, thlS too would be dlscrlffilnatory and lllegal.
3. The lmpact of th1S resolutlon, In my case, would be
thus. Accord1ng to the terms of leases wlth tenants
OccupYlng the subject property, costs such as those
proposed would be actually borne by them, the lessees.
In speaklng brlefly to both tenants, Chower Call, Inc.
and Food Affalr, Inc., ~t 15 clear that they too object
to and protest thlS notlce to 1ffiprove for slmllar
reasons.
4. I would hope that tradltlonal and proper methods for
fundlng the project wlll be adopted so that we can
all avold a wasteful legal confrontatlon.
RF:Il
CC: Clty Councll
Chower Call,
Food Affalr,
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