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SR-509-000-06 (7) S?J9'- t:JCJLJ-06 '7-B GS:SES:DA:JAS Council Meeting: MAY '2 4 ,Q88 May 24, 1988 Santa Monica, California TO: Mayor and city Council FROM: city staff 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 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 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 proj ect as each portion is funded from a separate account. Reconstruction of Wilshire Boulevard between Ocean Avenue and 21st street was completed in 19B3 and the property owners were assessed only for gutter installation since the landscaping design portion of the project had not yet been approved. -,--'6 MAY 2 4 1988 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 Caltrans and will be advertised this spring. Construction is expected to begin in early summer. 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 Publ ic 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 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 . ~ " City Clerk . ...':. ,,-.=;:..... ...... -:."~:. ......{\~'). .. MONI(CA SANTA 1685 Main Street Santa Momca, 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 9040l. 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 $l57,500. 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 ,..,.. co --- o ('..J --- 0\ .n ClJ U C ct\ C ..... "'=' l0- a ~ > CJ u ('J l-. ...... o ..... ...., < +-J ~ ..c: .... '"::l n> ~ Vl (l) ~ 0- (L) h , '- ~ BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY CfERK'S ACTION DISTRIBUTION OF RESOLUTION If 7?2! ORDINANCE 1/ S~Y/cfy ?-L!' //c) VOTE: AffirmatIve: 0-0-;/ Negat1.ve: Abstain: Absent: .:?l'1tVE PROOf VQtE~ WITH ANOTHER PtR~ON BEFORE A~WTHING Di5TRIBUTI0~: ORIGi~AL ~6.b~ signed, ~ealed and filed in Vault. Counc1l Meeting Date Introduced: Agenda Item If Adopted: AIJ..zAYS PUBLISH AOOP'l1:ll ORDINANCES* *Cross out Attorney I s approval Was It amended? NEWSPAPER PUBLICATION (Date: ) Pepartment originating staff report ( * ) *CJ. ty Attorney does not want cop~es of his ordI:i}ances or- resolut~ons. ~lfanagement SerY.',i-~e~ Lynne Baz;,rette urdlnances only ~gency mentIoned in document or staff report ~ >-- v C \.... o (certifIed?) SubJect file (agenda packet) 1 Counter file 1 Others: (ReVIew for depa:d..uKmts who need. to knc:M). Alrport Parking Auth. Audltorum Personnel BuildIng Dept. Planning Police (en- forcement?) III U ~. '4.-< ...... ~ '-' o...ulIlLllll ty and Econcmic Dev. F1nance PurchasIng . FIre Recr/pa-rks <Il / General Servo >- Q., c ~ o +J .... ~ TransportatIon LIbrary Treasurer Manager >-. ...., ..... u ...... a *Check Code Sect~ons befor r::: ~,~t SEND FOU~ COPIES OF ALL ORDINANCES TO: CODFD SYSTEMS) Attn Peter Maclearie .1.:'_0 ~1ilIn-r~r"'et ~ . AY~'z ~~w Jersey_07717 SEND FOUR COPIES OF ALT. ClRnTNANCF.~ _to: ne9Z~ ~yr~ck . SANTA MONICA MUNICIPAL COURT " 725 MAIN STREE1; Room 118 SANTA MONICA, CA 90401 ('0 ..J s.... C) n - -.5 o 0::: TOTAL COPIES >I RESOLUTION NO. 7628(CCS) (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 AVEN~E 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 objections and protests to the work or the extent of the district to be assessed were heard and considered by the City Council; and vffiEREAS, 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 l~EREAS, the City Council finds that the incorrect estimate of the cost of the wo~k did not mislead the public or property owners because the Notice of Public Hearing correctly set forth the amount to be assessed to property owners, NOH, THEREFORE I 'THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: . SECTION I. The public convenience and necesslty require the plantlng 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 bet\oleen 21st street and Centine1a 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 adoptio~ of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: t''l ~....~,. - A ~, 'iaIErP_ ~ 'to .. ~""wt".I"X'"~ ".Jtt:~- ... U ROBERT H. MYERS City Attorney Adopted and approved ~his~~: day o~~raY~988. , / J If;' ,- / .II !/fA.,/ ;( / /~/_/ 'J i~ 'J '--- V :H~yor I hereby certify that th~~OregOing Resolution No. 7628(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on May 24, 1988 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Ka t z , H. Katz, Reed, J.1ayor Conn Noes: Councilmembers: None Absta1n: Councilmembers: None Absent: Councilmembers: Zane ATTEST: ..--. ~..~' !. ""J.L>~-- /~ - 'L ~'---- __ -~:'-----l~~/----.:....r.>- v ~I . ----' Act'itig City Clerk ---_/ ,--------