SR-509-000-06 (6)
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50y-t?OO-06
Santa Monica,
6-F
MAR 2 9 liSS
California
GS:SES:DA:JAS 3/8/88
Council Meeting: March 29, 1988
TO:
Mayor and city Council
FROM:
city staff
SUBJECT:
Recommendation to Form Tree Assessment District for
Wilshire Boulevard between Ocean Avenue and centinela
Avenue and to Adopt Resolutions of Intention setting
Public Hearings for May 10 and May 24, 198B
Introduction
This report recommends that the City Council approve the
formation of a tree assessment district for Wilshire Boulevard
from Ocean Avenue to Centinela Avenue. It also requests that the
city Council adopt the attached Resolutions of Intention setting
a public hearing for May 10, 1988, for Wilshire Boulevard between
Ocean Avenue and 21st street and setting a public hearing for May
24, 1988 for Wilshire Boulevard between 21st Street and centine1a
Avenue.
Background
The Wilshire Boulevard Reconstruction project 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 19B1 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 proj ect as
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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.
In 1985, an assessment district for gutter installation was
formed for Wilshire Boulevard between 21st street and centine1a
Avenue.
project.
Property owners were assessed upon completion of the
The Wilshire Boulevard landscaping project has been approved by
Cal trans and will be advertised this spring. Construction is
expected to begin in early summer. Staff is recommending that
the city council adopt the attached Resolutions of Intention
setting two public hearings:
1) May 10, 1988 - Ocean Avenue to 21st street
2) May 24, 1988 - 21st street to Centine1a Avenue
Since the original tree assessment district was set up in 1981
for Wilshire Boulevard between Ocean Avenue and 21st street,
staff believes it is advisable to reform the district because of
possible changes of property owners in the past seven years.
The assessment district will be in accordance with the procedures
set forth in the Improvement Act of 1911 of the California
streets and Highways Code.
BUdget/Financial Analysis
The assessment district will generate revenues of approximately
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$64,800 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 approve the formation of
a tree assessment district for Wilshire Boulevard between Ocean
Avenue and centinela Avenue and adopt the attached Resolutions
of Intention setting public hearings for May 10, 1988 for
Wilshire Boulevard from Ocean Avenue to 21st Street, and May 24,
1988 for Wilshire Boulevard between 21st street and Centinela
Avenue.
Prepared by: stan Scholl, Director of General Services
Desi Alvarez, City Engineer
Jean Stanley Higbee, Administrative Analyst
Attachment: Resolutions
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Was it amended? fI Y
VOTE: Affirmative: 7~D
Negative:
Abstain:
Absent.
PROOF VOTE'~ WITH ANOTHER PERSON BE'FORE Al\.ry'THING
DISIRi~UTI0~' 0~iGINAL ~o'be signed, sealed and ~iled in Vault.
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A~FORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION tJ 7S 19
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Council MeetIng Date
Agenda Item Ii
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FOR CITY CfERK1S ACTION
ORDINANCE *
Introduced:
Adopted:
AliotAY'S PUBLISH AOOPTW ORDINAN:ES*
*Cross out Attomey 1 s approval
~
NEWSPAPER PUBLICATION (Date; ) ,
Department orIginatIng staff report ( * )
*CJ..ty Attorney does not v.ant cop~es of his ordil)ances or re'soluticns.
hlanagement SerYJ.l.-<;:e;:? Lynne Bar,rette 0rdlnances only ~
Agency mentioned in document or staff report
(certified?)
Subject file (agenda packet) 1
o the r 5: (Revie.r for depadl\~ts who need to know).
Counter file 1
Airport
Parking Auth.
Audltorum
Personnel
Buildlng Dept.
Planning
Police (en-
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SEND F(ru~ COPIES OF ALL ORDINANCES TO:
tODFD SYSTEMS, Attn Peter Maclearie
~~O ~~in-rtraet ~
" Avro,' ~ I \1€1W Jersey. 07717
SEND FOUR COPIES OF AU. O'Rl1TNANrp.c: TO:
De.~p ~yr~ck .
~A~i'A MONICA MUNICIPAL COURT
" 725 MAIN STREEt Room 118
SM1TA IvfONICA, CA 90401
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RESOLUTION NUMBER 7589(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SETTING A PUBLIC HEARING FOR THE
PURPOSE OF DETERMINING WHETHER OR NOT PUBLIC
, CONVENIENCE AND NECESSITY REQUIRE TREE PLANTING ON
WILSHIRE BOULEVARD FROM 21ST STREET TO CENTINELA
AVENUE AS SHOWN ON CITY DRAWING NO. 5683 IN THE
CITY OF SANTA MONICA
WHEREAS, the City Council of the City of Santa Monica
proposes to ini tia te proceedings under the Improvement Act of
1911 for planting trees~ and
WHEREAS I Section 19 of Article XVI of the California
Constitution provides that certain specified debt limitation and
majority protest provisions shall not apply if, after the giving
of such reasonable notice by pUblication and posting and the
holding of such public hearing as the City council of the City of
Santa Monica shall have prescribed, the city Council, by no less
than four-fifths vote of all members thereof, finds and
determines that the public convenience and necessity require the
proposed improvements to be made~ and
WHEREAS, streets and Highways Code Section 2804 provides
that the "Special Assessment, Investigation, Limitation and
Majority Protest Act of 1931u shall not apply to any proceeding
otherwise subject thereto when said improvement proceeding is by
a charter city and said city has complied with the provisions of
section 19 of Article XVI of the California Constitution; and
WHEREAS, the city of Santa Monica is a charter city of
the State of California,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION l. The City council proposes to initiate
proceedings for tree planting and appurtenant work on Wilshire
,.
Boulevard between 21st street and Ceninela Avenue as shown on
Drawing No. 5683 on file in the Office of the city Engineer.
SECTION 2.
The total estimated cost of the proposed
improvements is $157,500.
SECTION 3. The improvements shall be conducted under
the Improvement Act of 1911, which is contained in Division 7 of
the streets and Highways Code of the State of California.
SECTION 4.
The proposed work or improvements in the
opinion of city council of the City of Santa Monica is of more
than local or ordinary public benefit, and the City council
hereby proposes that commercial, industrial or manufacturing
property owners in the district in the City of Santa Monica to be
benefitted by said work or improvement be assessed approximately
$3.00 per lineal foot.
The district affected by the proposed
work or improvements is shown upon a certain map indicating the
exterior boundary thereof, which said Drawing No. 56B3 is on file
in the Office of the City Engineer. The map hereby is referred
to and shall govern for all details as to the extent of said
assessment district. The assessment district includes in general
the lots and parcels described in Section 1 above but reference
hereby is made to said Drawing for all details as to the extent
of said assessment district and for any variation between the
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last mentioned general description and the extent of said
assessment district as shown on said map.
SECTION 5.
No bonds will be
issued for the
aforementioned assessment district. Assessments not paid to the
Ci~ within the specified time shall be sent to the Los Angeles
County Assessor to collect such assessment upon the tax roll
which general taxes are collected.
SECTION 6. Notice is hereby given that on Tuesday, the
24th day of May, 1988, at 7:30 P.M., in the City Council Chambers
located in city Hall, 1685 Main street, Santa Monica, California,
there shall be a public hearing befor~~said city council for the
purpose of determining whether the pUblic convenience and
necessity require the above-described improvements and for the
purpose of allowing any and all persons having any objections to
the proposed work or improvements to appear and show cause why
the said proposed work or improvements should not be carried out
in accordance with said Resolution of Intention.
Inquiries
concerning this public hearing should be directed to the
Department of General Services at 458-8221.
SECTION 7.
The City Clerk shall give notice of the
hearing by posting a copy of this Resolution in the manner
described by Streets and Highways Code section 5065 and by
publication as hereinafter provided. Any interested person may
make protest against the proposed improvement in writing filed
with the city Clerk at any time not later than the hour set for
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the hearing in the manner provided by streets and Highway Code
section 5220.
SECTION 8. The Superintendent of streets shall cause to
be conspicuously posted along the line of said contemplated work
.
or improvements and also along all the open streets within said
district, notice of the passage of this Resolution of Intention
in the manner and form prescribed by law.
The city Clerk is directed to mail notices, in the
manner and form prescribed by law I of the adoption of this
Resolution to all persons owning commercial, industrial or
manufacturing real property in the hereinbefore described
assessment district, whose names and addresses appear on the last
equalized assessment roll for the City taxes or as known to the
city Clerk.
SECTION 9. The City clerk is directed to publish this
Resolution in the Evening outlook on two successive dates. The
first publication is to be made not less than fifteen days prior
to the date of the above pUblic hearing.
SECTION 10. Pursuant to Public Contract Code Section
20433, the city Council hereby states that the property owners
may not contract for the improvements and that the city shall be
responsible for awarding and administering the construction
contract for this district.
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SECTION ll.
The City Clerk shall certify to the
adoption of this Resolution, and thereafter the same shall be in
full force and effect.
"
APPROVED AS TO FORM:
f'-~ ~ 'O~~
ROBERT M. MYERS
city Attorney
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Adopted and approved
.
I hereby certify that ~ e foregoing Resolution No. 7589(CCS)
was duly adopted by the city council of the city of Santa Monica
at a meeting thereof held on March 29, 1988 by the following
council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Counci1members: None
Absent: Counci1members: None
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A~i~ ~y Clerk
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY C~ERKfS
DISTRIBUTION OF RESOLUTION , i7~90 ORDINANCE #
~tJ/'pj
'- '-
ACTION
Council Meeting Date
Introduced:
~
Agenda Item * tf - ~
Was it amended? ~O
VOTE: Affirmative: 7'--0
Negative:
Abstain:
Absent:
PROOF VOTE~ WItH ANOTHER PER~ON BEFORE A~~THING
vISTKIMjTluN: uKlblNAi, Lo'be signed, sealed and 'filed in ...'ault
Adopted:
All~S PUBLISH AOOP'l"W OPDINANC:ES*
"'cross out Attorney's approval
Agency ment10ned in document or staff report
(certifIed?)
SubJect fIle (agenda packet)
1
Counter file
1
Others -; (Review for deparbnents who need to ~).
-
Airport
Parking Auth.
Personnel
Planning
Police (en-
forcement?)
Purchasing
.
Recr/Parks
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General Servo
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Transportation
LIbrary
Treasurer
Manager
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*Check COde Sect:LOns befor <:: S'=1
SEND FOUP. COP rES OF ALL ORDINANCES TO:
tOD~D SYSTEMS, Attn Peter Maclearie
1:'_0 \1p.in- rt r~et
A~~'l.~~w Jersey_0771?
SEND FOUR COPIES OF ALT. ORnTNANr.F~-_tO:
D~bI~ ~yr~ck .
SAN1A MONICA MUNICIPAL COURT
,"' 725 MAIN STREET, Room 118
SANTA MONICA, CA 90401
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RESOLUTION NUMBER 7590(CCS)
(CITY COUNCIL SERIES)
f
.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SETTING A PUBLIC HEARING FOR THE
PURPOSE OF DETERMINING WHETHER OR NOT PUBLIC
CONVENIENCE AND NECESSITY REQUIRE TREE PLANTING ON
WILSHIRE BOULEVARD FROM OCEAN AVENUE TO 21ST STREET
AS SHOWN ON CITY DRAWING NO. 5683 IN THE CITY OF
SANTA MONICA
WHEREAS, the City Council of the City of Santa Monica
proposes to initiate proceedings under the Improvement Act of
1911 for planting trees~ and
WHEREAS, Section 19 of Article XVI of the California
..
Constitution provides that certain specified debt limitation and
majority protest provisions shall not apply if, after the giving
of such reasonable notice by publication and posting and the
holding of such public hearing as the City Council of the city of
Santa Monica shall have prescribed, the City Council, by no less
than four-fifths vote of all members thereof, finds and
determines that the pUblic convenience and necessity require the
proposed improvements to be made~ and
WHEREAS, Streets and Highways Code Section 2804 provides
that the "special Assessment, Investigation, Limitation and
Majority Protest Act of 1931" shall not apply to any proceeding
otherwise subject thereto when said improvement proceeding is by
a charter city and said city has complied with the provisions of
Section 19 of Article XVI of the California Constitution; and
WHEREAS, the City of Santa Monica is a charter city of
the State of California,
e
e
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City council proposes to initiate
proceedings for tree planting and appurtenant work on Wilshire
"
Boulevard between Ocean Avenue and 21st Street as shown on
Drawing No. 5683 on file in the Office of the city Engineer.
SECTION 2.
The total estimated cost of the proposed
improvements is $157,500.
SECTION 3.
The improvements shall be conducted under
the Improvement Act of 1911, which is contained in Division 7 of
the streets and Highways Code of the state of California.
SECTION 4.
The proposed work or improvements in the
opinion of city Council of the city of santa Monica is of more
than local or ordinary publ ic benef it, and the city Council
hereby proposes that commercial, industrial or manufacturing
property owners in the district in the City of Santa Monica to be
benefitted by said work or improvement be assessed approximately
$3.00 per lineal foot. The district affected by the proposed
work or improvements is shown upon a certain map indicating the
exterior boundary thereof, which said Drawing No. 5683 is on file
in the Office of the City Engineer. The map hereby is referred
to and shall govern for all details as to the extent of said
assessment district. The assessment district includes in general
the lots and parcels described in Section 1 above but reference
hereby is made to said Drawing for all details as to the extent
of said assessment district and for any variation between the
e
e
last mentioned general description and the extent of said
assessment district as shown on said map.
SECTION
5.
No bonds will
be
issued for the
aforementioned assessment district. Assessments not paid to the
.
city within the specified time shall be sent to the Los Angeles
County Assessor to collect such assessment upon the tax roll
which general taxes are collected.
SECTION 6. Notice is hereby given that on Tuesday, the
10th day of May, 1988, at 7:30 P.M., in the City Council Chambers
located in City Hall, 1685 Main Street, Santa Monica, California,
there shall be a public hearing before said City Council for the
purpose of determining whether the public convenience and
necessity require the above-described improvements and for the
purpose of allowing any and all persons having any objections to
the proposed work or improvements to appear and show cause why
the said proposed work or improvements should not be carried out
in accordance with said Resolution of Intention.
Inquiries
concerning this public hearing should be directed to the
Department of General Services at 458-8221.
SECTION 7.
The City Clerk shall give notice of the
hearing by posting a copy of this Resolution in the manner
described by streets and Highways Code Section 5065 and by
publication as hereinafter provided. Any interested person may
make protest against the proposed improvement in writing filed
with the City Clerk at any time not later than the hour set for
e
e
the hearing in the manner provided by Streets and Highway Code
section 5220.
SECTION 8. The Superintendent of Streets shall cause to
be conspicuously posted along the line of said contemplated work
9'
or improvements and also along all the open streets within said
district, notice of the passage of this Resolution of Intention
in the manner and form prescribed by law.
The city Clerk is directed to mail notices, in the
manner and form prescribed by law, of the adoption of this
Resolution to all persons owning commercial, industrial or
manufacturing real property in the hereinbefore described
assessment district, whose names and addresses appear on the last
equalized assessment roll for the City taxes or as known to the
City Clerk.
SECTION 9. The city Clerk is directed to PUblish this
Resolution in the Evening Outlook on two successive dates. The
first pUblication is to be made not less than fifteen days prior
to the date of the above public hearing.
SECTION 10.
Pursuant to Pub 1 io Contract Code Section
20433, the City Council hereby states that the property owners
may not contract for the improvements and that the City shall be
responsible for awarding and administering the construction
contract for this district.
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SECTION 11.
The City Clerk shall certify to the
adoption of this Resolution, and thereafter the same shall be in
full force and effect.
"
APPROVED AS TO FORM:
~~.
ROBERT M. MYERS
City Attorney
,~~
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.
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I hereby certify that
f March, 1988.
Adopted and approve
(
.
Mayor
~ foregoing Resolution No. 7590(CCS)
was duly adopted by the city council of the city of santa Monica
at a meeting thereof held on March 29, 1988 by the following
council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz I H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Counci1members: None
Absent: Councilmembers: None
ATTEST:
~/t. .
AC~y Clerk