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Council Meeting: July 13, 1993
Santa Monica, California
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TO: Mayor and City Council
FROM: City staff
SUBJECT: Recommendation to Set a Public Hearing for September
14, 1993 for the purpose of Forming an Assessment
District for Tree Planting and Appurtenant Work on
Colorado Avenue Between 7th street and 14th street
Introduction
It is recommended that City Council adopt the attached Resolution
of Intention setting a public hearing for September 14, 1993, for
the formation of an assessment district for tree planting and
appurtenant work on Colorado Avenue Between 7th street and 14th
Street and declaration of the City's intention to assess property
owners for direct costs.
Backqround
Tree planting on Colorado Avenue between 14th Street and 20th
Street was completed in 1991 and property owners were assessed
for costs.
This proposed assessment district, Colorado Avenue
between 7th street and 14th street, is a continuation of that
phased
project.
The
scope
of
work
includes
planting
approximately 53 Carrot Wood and New Zealand Christmas trees, a
one year maintenance period and irrigation to establish proper
tree growth.
The area is currently sparsely planted.
This
project will fill in areas void of trees, while greatly enhancing
the overall streetscape aesthetics.
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Consistent with the present policy for tree planting assessments,
commercial and industrial property owners are assessed the full
cost, but residential properties are not assessed.
This assessment will be a cash assessment and no bonds will be
issued. The estimated cost is $5.30 per lineal foot, which
includes contractor costs, staff time and posting and mailing
notices. The total estimated assessment for a commercial or
industrial property owner with a 50 foot lot, is $265.00. As
with all assessment districts, owners have the option of planting
trees themselves and avoiding any assessment.
The assessment district will be administered in accordance with
the procedures set forth in the Improvement Act of 1911 of the
California streets and Highways Code and the Government Code. A
list of property owners will be available at the time of the
public hearing.
BUdget/Financial Analysis
The assessment district will generate revenues of approximately
$17,500, for FY 1993-94. The estimated cost for this tree
planting is approximately $17,500 which is available in CIP
Account No. 01-770-421-20093-8900-99152.
A detailed breakdown of assessments will be available upon
confirmation of assessments after the work has been completed.
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Recommendation
It is recommended that city Council:
1) Adopt the attached Resolution of Intention setting a
public hearing for September 14, 1993 for the purpose
of forming an assessment district for tree planting and
appurtenant work on Colorado Avenue between 7th Street
and 14th Street.
Prepared by: stan Scholl, Director of General Services
Tony Antich, city Engineer
Attachment: Resolution of Intention
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RESOLUTION NUMBER 8623(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA SETTING A PUBLIC
HEARING FOR SEPTEMBER 14, 1993, FOR THE PURPOSE
OF DETERMINING WHETHER OR NOT CONVENIENCE AND
NECESSITY REQUIRE THE TREE PLANTING AND
APPURTENANT WORK ON COLORADO AVENUE BETWEEN 7TH
, STREET AND 14TH STREET, AS SHOWN ON CITY DRAWING
NO. 6085, 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 and Government Code for the Tree Planting and appurtenant
work on Colorado Avenue between 7th Street and 14th Street: and
WHEREAS, Section 19 of Article XVI of the California
Constitution provides that certain specified debt l1m1tation and
majority protest provisions shall not apply if, after the giving
of such reasonable notice by publicat10n and posting and the
holding of such pUblic hearing as the City Council of the City of
Santa Mon1ca shall have prescribed, the city Council, by no less
than four-fifths vote of all members thereof,
finds and
determines that public convenience and necessity reqll1re the
proposed improvements to be made; and
WHEREAS, Streets and Highways Code section 2804 provides
that the "Special Assessment, Invest1gation, Limitatlon and
Majority Protest Act of 1931" shall not apply to any proceeding
otherwise subject thereto when sa1d improvement proceeding 1S by
a charter city and said city has complied with the provis1ons of
Section 19 of Article XVI of the California constitution; and
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WHEREAS, the City of Santa Monica is a charter city of
the state of California,
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 the tree planting and appurtenant work adjacent
to residential, commercial and industrial properties on Colorado
Avenue between 7th Street and 14th street as shown on City
Drawing No. 6085 on file in the office of the City Engineer.
SECTION 2. The improvements and repairs shall be
conducted under the Improvement Act of 1911, which 1S contained
1n Division 7 and Chapter 22 of the Streets and Highways Code of
the state of California.
SECTION 3. The proposed work or improvements in the
op1nion of City Council of the City of Santa Monica is of more
than local or ordinary public benefit, and the city Council
hereby proposed that commercial and industrial property owners in
the district in the City of Santa Mon1ca to be benefited by tree
planting be assessed 100% of cost per footage at approximately
$5.30 per lineal foot. Residentlal property owners wlll not be
assessed.
The district affected by the proposed work or improvements is
shown upon a certain map indicating the exterior boundary
thereof, which said Drawing No. 6085A is on flle in the office of
the city Engineer. The map hereby is referred to and shall
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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 last
mentioned general description and the extent of said assessment
district as shown on said map.
SECTION 4. Notice is hereby given that on Tuesday,
the 14th day of September, 1993, at 6:30 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 public
convenience and necessity require the above-described
improvements and for the purpose of allowing any and all persons
having any obj ections to the proposed work or improvements to
appear and show cause why the said proposed work or improvements
shall not be carried out in accordance with said Resolut1on of
Intention. Inquir1es concerning this public hearing should be
directed to the Department of General Serv1ces, Division of
Engineering, at 458-8721.
SECTION 5. The City Clerk shall give not1ce of the
hearing by posting a copy of this Resolution in the manner
descr1bed by the streets and Highways Code Sections 5065 and 5616
and by publication as hereinafter provided. Any interested
person may make protest against the proposed improvement 1n
writing filed with the City Clerk at any time not later than the
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hour set for the hearing in the manner provided by the streets
and Highways Code section 5220.
SECTION 6. The Superintendent of streets shall cause
to be conspicuously posted along the llne 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, pursuant to
Government Code Section 54954.9, ln the manner and form
prescribed by law, of the adoption of this Resolution to all
persons owning commercial and industrial 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 office of the city Engineer.
SECTION 7. The Clty Clerk is directed to publish thlS
Resolution, in accordance with Government Code section 6066, in
The Outlook once a week for two weeks with at least five days
intervening between the first date and second date of
publication. The first publication is to be made not less than
45 days prior to the date of the above public hearing.
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SECTION 8.
The ci ty Clerk shall certify to the
adoption of this Resolution, and thereafter the same shall be in
full force and effect.
APPROVED AS TO FORM:
jM~.
(Jdj,EPH LAWRENCE
~ting City Attorney
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Adopted and approved th~s 13th day of July, 1993.
ier:k
I hereby certify that the forego~ng Resolut~on No. 8623 (CCS)
was duly adopted by the City Counc~l of the City of Santa Monica
at a meeting thereof held on July 13, 1993 by the following
Counc~l vote:
Ayes: Counc~lmembers: Abdo, Genser, Greenberg,
Holbrook, Rosenstein, Vazquez
Noes: Counc~lmembers: None
Absta~n: Counc~lmembers: None
Absent: Councilmembers: Olsen
ATTEST:
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City Clerk