SR-6-D (102)
~ t :)C' ~1"-COCJ 6- ])
GS:SS:swset177 . NOV. 1 ~ 199!
council Meeting: November 12, 1991 Santa Monica, Cal~forn~a
TO: Mayor and City Council
FROM: city staff
SUBJECT: Resolution Setting a public Hearing for December
10,1991, on the Assessment of Costs to Repair Damaged
Sidewalks, Driveways, and Curbs on Various streets
(SR-91-177)
Introduction
This report requests that the city Council set a public hearing
for December 10, 1991, to hear protests regarding the work and
confirm the assessments of the cost to repair damaged sidewalks,
driveways and curbs.
Background
On October 9, 1979, the City Council approved a sidewalk repair
program which prov ided for property owner participation in the
cost of repairing damaged sidewalks. Residential property owner
participation is 50% of the cost of the repairs if the damage is
related to tree roots; the city pays the remaining 50% of the
repair cost. Property owners are assessed 100% of the cost if
the damage is not related to tree roots and commercial property
owners are assessed 100% of the cost regardless of the cause of
the damage.
Certain repair work has been completed at the following addresses
and the property owners' share of the cost is now due for the
following properties: 402 Santa Monica Boulevard (Fourth
Street side) , 1868 Tenth Street, 402 Santa Monica Boulevard,
2202 21st Street, 2210 21st, 1527 16th street, 427 11th street,
2651 Main street, 1518 Tenth street, 2525 Seventh Street, 2200
6 - D
NOV 1 tv 1.1::11
5. Each of the tenants of the proposed condomin~um proj ect
has been, or will be, given written notification within 10
days of approval of a final map for the proposed
conversion.
6. Each of the tenants of the proposed condominium proj ect
has been, or will be, given 180 days written notice of
intention to convert prior to any termination of tenancy
due to the conversion or proposed conversion. This will
not alter or abridge the rights or obligations of the
parties in performance of their covenants, including, but
not limited by Sections 1941, 1941.1, and 1941.2 of the
civil Code, and set forth herein as conditions of
approval.
7 . Each of the tenants of the proposed condominium proj ect
has been, or will be, given notice of an exclusive right
to contract for the purchase of his or her respective unit
upon the same terms and conditions that such unit will be
initially offered to the general public or terms more
favorable to the tenant. The right will run for a period
of not less than 90 days from the date of issuance of the
subdivision public report pursuant to section 11018.2 of
the Business and Professions Code, unless the tenant gives
prior written notice of his or her intention not to exer-
cise the right. This will not alter or abridge the rights
or obligations of the parties set forth herein as condi-
tions of approval.
8. This proj ect has been found to be categorically exempt
from the California Environmental Quality Act of 1970
(Section 15301) and from the City of Santa Monica Guide-
lines for Implementation of the California Environmental
Quality Act (Article 5.a) as a Class 1 exemption.
Note: Individual findings required for approval of non-Tenant-
Participating Conversions specified in Santa Monica Municipal
Code Sec. 9122F either are inconsistent with or redundant with
the requirements of Article XX and therefore are not applicable
to or necessary for approval of Tenant-participating Conversions.
Conditions
1. The owner shall agree to each cond1tion imposed in connec-
tion with the approval of a Tenant-Participating Conver-
sion Application. Written consent shall be filed prior to
the approval of the required final parcel/subdivision map
and shall be in a form approved by the City Attorney. The
filing of such written consent shall constitute an agree-
ment, with the City of Santa Monica and each Participating
Tenant, binding upon the owner and any successors in
interest, to comply with each and every condition imposed
in connection with approval of this Tenant-Participating
Conversion Application. The City and any Participating
Tenant shall have the right to specific enforcement of
- 6 - 01)045
'"",- --- ~-tt
RESOLUTION NUMBER 8319(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SETTING A HEARING DATE FOR ANY
PROTESTS OR OBJECTIONS TO THE REPORT OF THE
SUPERINTENDENT OF STREETS REGARDING REPAIR OF
SIDEWALKS, DRIVEWAYS, AND CURBS (SR-91-177)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. The superintendent of streets will file a
report of repair pursuant to section 5617 of the Streets and
Highways Code of the state of California, relating to the
construction of certain improvements to sidewalks and driveways
at 402 Santa Monica Boulevard (Fourth Street side), 1868 Tenth
street, 402 Santa Monica Boulevard, 2202 21st Street, 2210 21st
.
street, 1527 16th street, 427 11th Street, 2651 Main Street,
1518 Tenth Street, 2525 Seventh street, 2200 Santa Monica
Boulevard (21st Street side), 1429 24th street, 619-631 Wilshire
Boulevard, 1039 Seventh street, 2241 Virginia Avenue, all vlithin
the city of Santa Monica.
SECTION 2. Pursuant to Section 5600 et seq. of said Code,
the city council does hereby order and declare that on the loth
day of December 10, 1991, at 7:30 P.M. , in the City Council
Chambers of City Hall, it will hear and pass upon the report by
the Superintendent of Streets of the cost of repairs, together
with any objections or protests, if any, which may be raised by
any property owner liable to be assessed for the cost of such
repairs and any other interested persons.
~ ~ ,~
SECTION 3. All protests or objections must be in writing
and filed with the City Clerk on or before the time set for the
hearing of the protests and objections.
SECTION 4. The superintendent of streets is hereby
directed to mail notices, in the manner and form prescribed by
law, of the costs of repair and of the adoption of this
Resolution to all persons owning real property affected by the
sidewalk assessment repair program, whose names and addresses
appear on the last equalized assessment roll for the City taxes
or as known to the City Clerk.
~
SECTION 5. 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:
ROBERT M. MYERS
city Attorney
'-- \.. 'I:;
Adopted and approved this 12th day of November, 1991.
,8. M,b
ItilaWyor
I hereby certify that the foregoing Resolution No. 8319(CCS)
was duly adopted by the city Council of the city of Santa Monica
at a meeting thereof held on November 12th, 1991 by the following
council vote:
.
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: councilmembers: None
ATTEST:
~/~of j;;q~
.-- - City Clerk /
,