SR-512-004 (3)
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California OCT 28 1986
GS:SES:JAS
Council Meeting:
October 14, 1986
Santa Monica,
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Public Hearing to Confirm Assessments for the
Undergrounding of utilities at 1313, 1421 and 1425
Ocean Front Walk
Introduction
This report requests that the city Council hold a pUblic hearing
to confirm assessments for the cost of undergrounding utilities
at 1313, 1421 and 1425 Ocean Front Walk (properties backing on to
Pacific coast Highway) .
Background
On July 12, 1977, the City council adopted Resolution No. 4893
(CCS) initiating the undergrounding of overhead utilities along
Pacific Coast Highway between Seaside Terrace and the northerly
City limits. The majority of the property owners complied with
the requirements of the district which was to provide a
connection to the utilities underground service. However, three
property owners refused to perform the work. On December 10,
1985, the City Council adopted Ordinance 1350 (CCS) adding
section 7913, "Enforcement of Undergrounding of Utilities", to
the Municipal Code which allows the City to cause the work to be
done and assess property owners for the cost.
After receiving three bids, the City hired the contractor
submitting the lowest bid to underground the utilities at 1313,
1421 and 1425 Ocean Front Walk. The work has been completed and
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OCT 2 B 1936
7-])
OCT 1 4 1.
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on september 9, 1986, the city council set a public hearing for
October 14, 1986. property owners were sent a Notice of Public
Hearing on October 3, 1986, indicating the proposed assessment
and notifying them of the time and place of the hearing.
BUdget/Financial Impact
Address
Assessment
1313 Ocean Front Walk
$1,090.00
1421 Ocean Front Walk
1,218.00
1425 Ocean Front Walk
656.00
$2,964.00
Revenue from these assessments will be deposited into Revenue
Account No. 01-906-157-000-000.
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 confirming the
assessments.
Prepared by: stan Scholl, Director of General Services
Jean Stanley, Administrative Analyst
(PCHCONF)
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STREET SUPERINTENDENT'S REPORT
UNDERGROUNDING OF UTILITIES AT 1313, 1421 AND 1425 OCEAN
FRONT WALK UNDER PROVISIONS OF ORDINANCE 1350 (CCS) OF
THE CITY OF SANTA MONICA
Pursuant to the provisions of Ordinance 1350 (CCS) of the
City of Santa Monica, utilities were caused to be connected to
underground facilities at 1313, 1421 and 1425 Ocean Front Walk in
the City of Santa Monica at a cost of $2,964.00.
The above-listed properties will be assessed as follows:
1313 Ocean Front Walk
$1,090.00
$1,218.00
1421 Ocean Front Walk
1425 Ocean Front Walk
$ 656.00
stre1l!;:~J~
Filed with the city Clerk this
1986.
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city Clerk
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SANTA
MONICA
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Stanley E Scholl
Director of General ServIces
General ServIces Department
1685 Main Street
Santa Monica. CA 90401 ~3295
(213) 458-8221
NOTICE OF PUBLIC HEARING
Re: Undergrounding of utilities at 1313, 1421 and 1425 Ocean
Front Walk
Address:
Amount:
Pursuant to Ordinance 1350 (CCS) of the city of Santa Monica,
this letter is notification that the city Council, pursuant to
Resolution No. 7301 adopted on September 9, 1986, has scheduled a
hearing to hear and pass upon the report of the Superintendent of
Streets of the cost of the undergrounding of utilities the
above-described proj ect, together with any obj ections and
protests, if any, which may be raised by any property owner
liable to be assessed for the cost of such undergrounding and any
other interested persons.
The hearing will be held as follows:
DATE:
PLACE:
October 14, 1986
City council Chambers
city Hall
1685 Main Street
Santa Monica, California
TIME:
7:30 P.M.
Any protests or objections must be in writing and must be filed
with the City Clerk on or before the time set for the hearing.
Upon confirmation of the report of the Superintendent of streets,
the cost of the undergrounding will be assessed against your
property, and you will be notified of the manner of payment.
If you have any questions, please call Michael Milliner at
458-8221.
Very truly yours,
st~~~
Superintendent of Streets
BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION # ;/~~5
CouncIl MeetIng Date ~~cf~~h
Agenda Item # ~--~
Was It amended? ~
VOTE: AffIrmative: ~-6
Negative:
Abstain' ri
Absent: ~-
~ ~ PROO~ VOTE~ WITH'ANOTHER PERSON BEFORE A~~THING
vlSTRI~UTluN: uKIGINAL ~o De signed, seaieci and
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FOR CITY C~ERK'S ACTION
ORDINAl..JCE #
Introduced:
Adopted:
lill.::rAYS PUBLISH AOOP1'!ill ORDINANCFS*
*Cross out Attorney's approval
NEWSPAPER PUBLICATION (Date: )
Department orIginating staff report ( * )
*C1.ty Attorney does not want copies of his Orcllt}aIlCeSOr reso.Lutions.
;ltanagement Serv.;~~e? Lynne Bar,rette - urdlnances only
filed in Vault.
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Agency mentioned In document or staff report
Subject file (agenda packet)
Counter file
Others: (Review for depal:i.ilents who need to know) .
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Alrport
Parking Auth.
Audltorum
Personnel
BUIlding Dept.
Planning
CullllLlIU. ty and Econanic Dev.
FInance
Police (en-
forcement?)
Purchasing
Fire
Recr/Parks
General Servo
Transportation
Library
Treasurer
Manager
SE~D FOU~ COPIES OF ALL ORDI~ANCES TO:
CODpD SYSTEMS, Attn Peter Maciearie
..i..:'_O 1<.lain' rtr~et
Avnl~ y~w Jersey_07717
SEND FOUR COPIES OF ALL ORDTNA\JrF5 TO:
gK~ft ~(o.{fEk MUNICIPAL COURT
:725 ~AIN STREET, Room lIB
SANTA MON,rCA, CA 90401
(certIfied?)
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*Check CCx:le sections before sendmg.
TOTAL COPIES
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RESOLUTION NO. 7335(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA CONFIID1ING THE REPORT OF THE
SUPERINTENDENT OF STREET REGARDING
UNDERGROUNDING OF UTILITIES TO 1313, 1~21 AND
1425 OCEAN FRONT WALK IN THE CITY OF SANTA
MONICA.
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.l..onlca,
w~EREAS, the Street Superintendent of the City of Santa
pursuant to Ordinance 1350 (CCSS) of the city of Santa
Monica commenced proceedings to cause utilities to be connected
to underground facilities at 1313, 1421 and 1425 Ocean Front Walk
in the city of Santa MonIca; and
w~EREAS, the Superintendent of streets served the
notice as and held the public hearing as required by Ordinance
1350 (CCS) of the City of Santa Monica; and
~iHEREAS, the Superintendent of streets did file with
the City cou~cil of t~e c~ty of Santa Monica his report of
construction and cost as requlred by Ordinance 1350 (CCS) of the
Ci~y of Santa Monica; and
WHEREAS, upon the day and hour fixed for hearing by
Resal~~ion Number 730l (CCS), the city Council of the city of
Santa Honlca heard and passed upon t::e report of t::'e
Super~~tendent of streets together with all objections and
protests as re~~~red by Ordl~ance 1350 (CCS) of the City of Santa
Nonica.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. That the report of the Superintendent of
streets heretofore filed and above-described be and the same is
hereby confirmed.
SECTION 2. That all protests and objections of every
kind and nature to the report of the Superintendent of streets be
and the same hereby overruled and denied.
SECTION 3. That the cost of construction, as set forth
in the report of the superintendent of Streets, shall be assessed
against the properties therein described, which properties front
upon the area whose utilities were connected to the underground
facilities.
SECTION 4. That if such assessment is not paid within
the time permitted by law, the same shall constitute a special
assessment against and lien on the properties there~n descrIbed,
in the amount set forth in the report or the Superintendent 0=
Streets, which lien shall continue until the assessment is paid
or until it is discharged of record.
SECTION 5. That if the assessment is not paid with~n
the t~me permitted by law, the Superintendent of streets, to the
County Auditor who shall collect the assessment together with all
other taxes against the property.
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SECTION 6. 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:
c~~~
city Attorney
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Adopted and approved this 28th day of October, 1986.
(:f ~. 2: Il-J.Z
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/ - Mayor
I hereby certify that the foregoing Resolution No. 7335(CCS)
was duly adopted by the city council of the city of Santa Monica
at a meeting thereof held on October 28, 1986 by the following
Council vote:
Ayes: Councilmembers:
Conn, Jennings, A. Katz, H. Katz,
Zane and Mayor Reed
Noes: Councilmembers:
None
Abstain: Councilmembe~s:
None
Absent: Councilmembers:
Epstein
ATTEST:
~/1;~
Clty Clerk
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October 28. 1986
DAVID M. SHELL
ATTORNEY AT LAW
1433 Santa Monica Bouievarc:
SUile 11 9
Santa Monica. California 90404
(213) 829-1091
CITY COUNCIL
Clty of Santa Monlca
1685 Maln Street
Santa Monlca. Callfornla
Re: Undergroundlng of UtIlItIes at 1421 and 1425 PalIsades
Beach Road; Publlc HearIng October 28. 1986
Pursuant to Lhe notIce sent to thIS offIce, the owners of the
above-propertIes object to the proposed assessments on the
follOWIng grounds:
1. The undergroundlng at 1425 PalIsades Beach Road for
electrlcal, cable and telephone was completed and pald for by the
owners at a cost of $1,700. The electrlcal undergroundlng was
completed prlor to March, 1983. Because of the close prOXImIty
of the telephone underground cable box to the house IS only
Inches thus no undergroundlng was necessary to the residence.
2. The $656 charge for 1425 PalIsades Beach Road IS not
related to a valId purpose. In addItIon, the assessment IS
not related to the serVIce pro~lded.
3. The assesswent for 1425 PalIsades Beach Road IS
exceSSIve.
4. In August. 1985. a Nr. MIllner, an employee of the Clt}
of Santa MonIca. lnformed one of the owners of the property
located at 1425 PalIsades Beach Road, PatrICIa D. Magness, that
the property was In compllance WIt} the undergroundlng
reqUIrements. It should be noted that thIS was well after the
work had been completed and paId for.
5. The assessment for 1421 Pallsades Beach Road lS
exceSSIve.
6. The owners of the property located at 1421 Pallsades
Beach Road were not glven adequate notlce of the potentIal
assessment and thus have been denled due process of law.
Further obJectlons and prorests w]ll be made upon reVIew of the
fIle.
Slncerel)> ,
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David 1>1. Shell
Attorney for Joyce and Hugh Syme
and Patrlcla Magness
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October 28, 1986
DAVID M. SHELL
ATTORNEY AT LAW
1433 Santa Monica Boulevard
SUIte 11 9
Santa Monica, CalifornIa 90404
(213) 829-1091
CITY COUNCIL
Clty of Santa MonIca
1685 Nal.n Street
Santa Monl.ca, Callfornla
Re: Cndergroundlng of Utllltles at 1421 and 1425 Pa1lsades
Beach Road; PublIC Hearl.ng October 28, 1986
Pursuant to the notl.ce sent to thls offlce, the owners of the
above-propertles object to the proposed assessments on the
following grounds:
1. The undergroundlng at 1425 Pallsades Beach Road for
electrlcal, cable and telephone was completed and pal.d for by the
owners at a cost of 51,700. The electrlcal undergroundlng was
completed prlor to ~arch, 1983. Because of the close prOX1ITlty
of the telephone underground cable box to the house 1S only
lnches thus no undergroundlng was necessary to the resldence.
2. The $656 charge for 1425 Pall.sades Beach Road l5 not
related to a valld purpose. In addltlon, the assessment lS
not related to the serVlce provlded.
3. The assessment for 1425 PalIsades Beach Road 18
excesSlve.
4. In August, 1985, a Mr. Mlllner, an employee of the CIty
of Santa MOlllca, lnformed one of the owners of the property
located at 1425 Pallsades Beach Road, Patrlcla D. Magness, that
the property was In compllance wlth the undergroundlng
requ1rements. It should be noted that th1s was well after the
work had been completed and pa1d for.
5. The assessment for 1421 Pal1sades Beach Road 18
excesslve.
6. The owners of the property located at 1421 Pallsades
Beach Road were not glven adequate notlce of the potentlal
assessment and thus have been denled due process of law.
Further obJectlons and protests WIll be made upon reVIew of the
flle.
Slncerely, ~/. )_{..
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(i / c~471--)" 1-
D~M. Shell
Attorney for Joyce and Hugh Syme
and Patrlcla Magness