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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 " /11)0 ro 1/1- ~ ':1 ~ /'1!- 3 MAY 1 0 JJJ3 2'171(5 ~.~~tJ{ n . ,--. Co.,... 'Y\^...~ -- ( J S C, 0 -z....~ " 'I c1- C~ ~24~10/~ ~' ' ftuv t:~~ "'1~: ~ .M:;:-~ Jf;~ tf4d:J7~, ~ ~ ~ t::-~1 ~/~/fn, ~~.;yJ 1'" 6?t1rc.c5). tkd~1rJL1J~~ ~ ~ ,fA... ~ ~..#J-o~~ ~~ ~~~r/~?~,~1rL- Ii>~~ ~k~j:,~TL.-~~6:- ~r Ik ~~. ~~~~--4 ~~~~/v~~, 1/?~ r:~~ ;? Iv d tio "P;':J/d ~ ~~~~~_~~~~I"'" .d~~) ~r ~-L-~rLn.4~ /&~~ . .JL~~~~~#l- 1~~~;6 ~-' .~~~ -~~r d. .z-- rlL~h>~r?0~P~~ ~~ ~I<Y . , ...-~ ~~~V . \ .,.... ~... \:, .,~w(--::\ fJ. ~ ~ \-,\V' Q:;~ Itf ':t--""" \.\ ' cO~ sJ{,.- _\ C 1'") w.ofci. . c.p,,,t-\ ~ ~ '" f+dcl -k, 711 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, ( ,tI' _ voqV'-'\. ~6~(~~\ JP ~~ ~~6~ \:}) s..~ ... ,..r;, .. lP"' Offlce Inc. Inc. ./. :x r~ ~;.- z ~ Ronald Feln .r. ..." , "3"- ;;r c- ).... 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