SR-509-000-08
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Council Meeting: May 24, 1988
MAY 2. ~ \~Ba
Santa Monica, California
,
TO:
Mayor and City Council
FROM:
City staff
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SUBJECT:
Public Hearing on Tree Assessment District for
Wilshire Boulevard between 21st street and Centinela
Avenue
Introduction
This report recommends that the city Council hold a public
hearing on the formation of a tree assessment district for
Wilshire Boulevard from 21st Street to centinela Avenue.
Background
The Wilshire Boulevard Reconstruction proj ect was submitted to
the state as part of the Regional Transportation Improvement
Program (RTIP) in 1981. The project consisted of reconstructing
and landscaping Wilshire Boulevard from Ocean Avenue to the City
limits. The project was to be done in two phases, and in 1981 an
assessment district was formed to assess property owners from
Ocean Avenue to 21st Street for the cost of gutter installation
and trees. However, to facilitate funding, the state requested
that the landscaping portion be done as a separate project as
each portion is funded from a separate account. Reconstruction
of Wilshire Boulevard between Ocean Avenue and 21st Street was
completed in 1983 and the property owners were assessed only for
gutter installation since the landscaping design portion of the
project had not yet been approved.
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MAY 2 4 1988
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In 1985, an assessment district for gutter installation was
formed for wilshire Boulevard between 21st street and Centinela
Avenue. Property owners were assessed upon completion of the
project.
The Wilshire Boulevard landscaping project has been approved by
Cal trans and will be advertised this spring. Construction is
expected to begin in early snmmer. On March 29, 1988, the City
Council adopted Resolutions of Intention setting two public
hearings:
1) May 10, 1988 - Ocean Avenue to 21st street
2) May 24, 1988 - 21st street to centinela Avenue
Since the original tree assessment district was set up in 1981
for Wilshire Boulevard between Ocean Avenue and 21st street,
staff believed it was advisable to reform the district because of
possible changes of property owners in the past seven years.
The assessment district is in accordance with the procedures set
forth in the Improvement Act of 1911 of the California streets
and Highways Code. On May 9, 1988, Notices of Improvement were
posted on Wilshire Boulevard between 21st Street and Centinela
Avenue, and Notices of Public Hearing were sent to property
owners on Wilshire Boulevard between 21st street and centine1a
Avenue.
The Notice of Intention setting the public hearing and the Notice
of Improvements to property owners both incorrectly listed the
cost of improvements at $157,000.00 instead of $290,000. The
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error does not mislead the public because the assessment cost was
correctly identified.
BUdget/Financial Analysis
The assessment district will generate revenues of approximately
$32,400 for FY 1988-89. A detailed breakdown of assessments will
be available upon confirmation of assessments after the work has
been completed.
Recommendation
It is recommended that the City Council:
1. Open the public hearing;
2. Close the public hearing and acknowledge any protests:
and
3. Adopt the attached resolution finding that the public
convenience and necessity require the construction and
ordering the work done.
Prepared by: stan Scholl, Director of General services
Desi Alvarez, City Engineer
Jean Stanley Higbee, Administrative Analyst
Attachment: Resolution
Notice of Public Hearing
trees2
RESOLUTION NO.
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ORDERING THE PLANTING OF TREES ON WILSHIRE
BOULEVARD BETWEEN 21ST STREET AND CENTINELA AVENUE
WITHIN THE CITY OF SANTA MONICA
WHEREAS, the City Council of the City of Santa Monica, on
the 29th day of March, 1988, adopted Resolution Number 7589 (CCS)
setting a public hearing; and
WHEREAS, written notices of said improvements have been
given in the manner required by law; and
WHEREAS, any and all written obj ections and protests to
the work or the extent of the district to be assessed were heard
and considered by the City Council; and
WHEREAS, the Notice of Intention setting the public
hearing, the Notice of Public Hearing, and Notice of Improvement
incorrectly estimated the cost of the improvement at $157,000.00
instead of $290,000.00; and
WHEREAS, the City Council finds that the incorrect
estimate of the cost of the work did not mislead the public or
property owners because the Notice of Pub 1 ic Hearing correctly
set forth the amount to be assessed to property owners,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The public convenience and necessity require
the planting of trees on Wilshire Boulevard between 21st street
and centinela Avenue within the City of Santa Monica.
SECTION 2. All protests and objections of every kind and
nature to the planting of trees on Wilshire Boulevard between
21st Street and Centinela Avenue as described in section 1, all
within the City of Santa Monica, be, and the same and are hereby,
overruled and denied.
SECTION 3. The estimate of the cost of the improvement is
changed from $157,000.00 to $290,000.00.
SECTION 4. Pursuant to Streets and Highways Code section
5225, the Street Superintendent is directed to commence the
planting of trees on Wilshire Boulevard between 21st Street and
centinela Avenue.
SECTION 4. 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:
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ROBERT M. MYERS
City Attorney
SANTA
MONICA
1685 Mam Street
Santa MOnica, CA 90401-3295
(213) 458-8211
NOTICE OF PUBLIC HEARING
Re: Tree Planting on Wilshire Boulevard Between 21st Street
and Centinela
This letter is legal notice as required by the Improvement Act of
1911 proceedings under which the above work will be done.
You are hereby notified that the City Council of the City of
Santa Monica, California, adopted Resolution No. 7590 (CCS) on
March 29, 1988, declaring its intention to plant trees declaring
the work to be of more than local ordinary public benefit, and
that a portion of the expense thereof shall be assessed upon a
district. Commercial property owners will be assessed $3.00 per
linear foot for planting trees. RESIDENTIAL PROPERTIES WILL NOT
BE ASSESSED.
A public hearing regarding the proposed improvement will be held
at 7:30 P.M., May 24, 1988, in the council Chambers, City Hall,
1685 Main street, Santa Monica, California 90401. All protests
regarding this matter must be filed in writing in the Office of
the city Clerk before said time, and all protests so filed will
be considered by the City council at that time. Each protest
must contain a description of the property in which each signer
thereof is interested.
The total project cost is estimated to be approximately $157,500.
The amount to be assessed upon the district for this improvement
is approximately $32,400. Records available indicate you own
property in the above district. Requests for copies of the
Resolution of Intention which contain further particulars on this
assessment and all questions regarding the proposed improvement
may be directed to the Office of the Director of General Services
at 458-8221.
Sincerely,
Donna R. Betancourt
Acting City Clerk
Date: May 9, 1988