SR-901-001 (2)
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Santa Mon1ca~ califo~a, January 30, 1981
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TO:
Mayor and City Councl1
FEB 1 Q 1981
FROM: City Staff
SUBJECT: Public Hearing for Acquisition of Easement for Fourth Street
Stairway Replacement between Ocean Avenue (In Los Angeles)
and Adela1de Dr1ve (in Santa Monica)
Introduction
This report transmits for approval a recommendation for City Council to
adopt the attached resolution regarding easement acquisition by Eminent
Domain proceed1ngs after a public hearing.
Background
On September 27~ 1977, the City Council of the City of Santa Monica approved
the final draft of an agreement to be entered 1nto between the City of Santa
Monica and the Clty of Los Angeles with respect to construction of a rein-
forced concrete stairway as a replacement for the aging, timber stairway at
Fourth Street between Ocean Avenue and Adela1de Drive. This contract calls
for the Clty of Santa Monlca to pay 20% of the total cost of the project, but
not to exceed the amount of $20~OOO.OO. The contract draft was subsequently
approved by the City Councll of the City of Los Angeles and executed by the
Mayor of Los Angeles on behalf of the City of Los Angeles on May 3, 1978.
On March 13, 1979, a public hearing was held on thiS same matter (Item 7-A).
At the tlme, no action was taken. The Council did recommend the stairway
be placed in safe condition and remaln of wood material.
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fES 1 0 1981
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TO: Mayor and City Councll
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January 30, 1981
On November II, 1980, the City Council again considered the replacement of
the stairway. Council agreed to proceed with eminent domain action, provlded
the project was modified.
On December 5, the Clty staff met wlth Los Angeles staff and adjacent property
owners. It was agreed that the project should have a resilient surface on
the proposed steps and include low level sodium vapor lightlng. These mod1-
flcations have been made on the plans.
The C1ty of Los Angeles 1S requesting Santa Monica pay $40,000 lnstead of the
previous $20,000 agreed upon, and also to pay the additional cost for the
resilient steps.
On January 27, 1981, Clty Counell set a public hear1ng for February 10, 1981
to discuss this matter.
The affected Santa Monica property owners, Mr. and Mrs. DeShazo, have been
notif1ed of the public hearing. The City of Los Angeles is notifying the
affected res1dents 1n Los Angeles.
The need for the City of Santa Mon1ca to acqu1re the easeMent in questlon is
requlred because the existing stairway 1S too steep, too narrow, and has no
landings. These lmprovements are all being made in the new lmprovement.
All negotiations to acqulre the easement from the property owners, Mr. and
Mrs. DeShazo, have been unsuccessful. As a result, It was recommended by
the Los Angeles City Bureau of Engineering, that the City Council of the
C1ty of Santa Monica initiate proceedings to adopt a condemnatlon ordinance
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TO: Mayor and Clty Council
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January 30, 1981
or resolution for the acqulsltion of the easement. It has been agreed that
the Clty Attorney of the Clty of Los Angeles would, if authorlzed and requested
by the Santa Monlca Clty Council, prosecute the eminent domaln action for
the Clty of Santa Monlca.
Thus, 1n order for the City Attorney of Los Angeles to proceed with the
eminent domaln actlon, it is necessary for the Clty of Santa Monica, through
its City Counc1l, first to hold a hearing pursuant to Code of Civil Procedure
Sectlon 1245.350 and second to adopt a resolutlon finding and determlning
the public interest, convenience and necessity for acquirlng and authorizing
the condemnation of the easement.
The legal description of the easement to be acquired 1S as follows:
"That portion of Lot E, Tract No. 7433, as per
map recorded ln Book 96, pages 74076 inclusive,
of Maps, ln the office of the County Recorder
of Los Angeles County, bounded and described
as follows:
Beglnning at the most southerly corner of said
lot, sald corner lying ln the northeasterly line
of the strip of land, 10 feet wide, shown as Walk
on the map of said tract; thence northeasterly
along the southeasterly line of said lot a distance
of 15 feet; thence northwesterly at right angles
from said southeasterly llne to the northwesterly
line of said lot; then southwesterly along sald
no~thwesterly llne to the southeasterly along
said southwesterly llne to the point of beginning."
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TO: Mayor and City Council
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January 30, 1981
Recommendations
It is recommended the City Council:
1) Open the publlC hearing;
2) Close the public hearing and overrule
any protests;
3) Adopt the attached resolutlon authorizing
condemnation of the required easement; and
4) Appropriate $45,000 as the City's share of
the construction of the new stalrway.
Prepared by; Stan Scholl
Doug McAteer
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CITY OF
SAN T ABl FfRM10 N I C A
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CALIFORNIA
OFFICE OF THE CITY ENGINEER
1685 MAIN STREET . 393-9975
SANTA \10XICA, CALIFOR~IA 90401
February 2, 1981
Mr. B. W. and Charlotte M. DeShazo
406 Adelalde Dr1ve
Santa Monlca, California
,
Dear Mr. and Mrs. DeShazo'
You are hereby notif1ed that the Santa Monlca City Council has
scheduled a second publlC hearlng on Tuesday, February la, 1981,
to reconslder easement acquisitlon by eminent domaln condemnat1on
proceedlngs of a portion of Lot E. Tract 7433. for reconstruction
of a Fourth Street sta1rway between Ocean Avenue and Adelaide
Drive.
The City Council meeting will be held in the Louncll Chamber.
San ta Mom ca C1 ty Ha 11, 1685 Ma in Street, Santa flom ca,
Cal1forn1a, at 7:30 p.m.
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Sl ncerely,
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~E~ou~~~~Ateer
Clty Englneer
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cc : C 1 ty C 1 e rk
City Attorney
Clare Rogger. Deputy, 11th Dlstrlct
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_ . Joyce Snider
.~ . .' , City Clerk
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1685 M.aan Street, Solal. )lulU"-. Ca. 90-\01
1'eleplwne l213) 393.991~
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February 23, 1979
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Mr. B. W. and Charlotte M. DeShazo
406 Adelaide DrIve
Santa MonIca, Callfornia
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Dear ~Ir. and ~rs. DeShazo:
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You arc hereby notified that the Santa ~ionica Ci ty Council
has scheduled a publIc hearIng on Tuesday, M3TCh 13, 1979,
to consider casement acqUIsItIon by emInent domaIn condemna-
tion proceedings of a portIon of Lot E, Tract 7433t for
reconstruction of a Fourth Street stairWay' between Ocean
Avenue and AdelaIde Drive. '
The CIty Council meptIug will be held in the Counell Chamber,
Santa t-1onica CIty Hall, 1685 f\1:11n Street, Santa ~1onlca,
Callfornia at 7:30 p.~.
Sincerely,
(-1 .
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q~~t /..I~--.;t:.(L -C \.../'
o :rtly - Snider
(// C1 Y Clerk
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cc: Gary Yano, Deputy City Attorney
Donald C. Tillman, Engineer, CIty of Los Angeles
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