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SR-10-B (20) . . ?~9- r:t"{ _{'7(; / ()- B AUG 1 J 19q1 Santa Monica, California J\UG 2 0 159' GS:SES:LR:batjCC1123PH.tech.engine council Meeting: August 13, 1991 TO: Mayor and City council FROM: City staff SUBJECT: Recommendation to Hold Public Hearing for the Confirmation of Assessment of Costs for Tree Planting on Wilshire Boulevard Between Ocean Avenue and Centinela Avenue INTRODUCTION This report recommends that the C1ty Council hold a public hearing to hear protests regarding the work and to confirm the assessment of costs for tree planting on Wilshire Boulevard between Ocean Avenue and Centinela AVenue. BACKGROUND On March 29, 1988, the City Council approved the formation of an assessment d1strict for tree planting for Wilshire Boulevard between Ocean Avenue and centinela Avenue. Drought tolerant Mexican Fan Palms ("Washingtonia Robusta") were planted on both the north and south sides of the street in accordance with the City's guidelines on Water Conservation. Property owners were notified in accordance with state law and the public hearings were held on May 10 and May 24, 1988. After closing the public hearingsl the Council ordered the work to commence. Only commercial and industr1al property owners will be assessed. The' assessments will be $3.00 per front footage for tree planting. The work has been completed and commercial and industrial property owner assessments are now due. A public hearing to confirm the /().-;8 - 1 - PUG J ) i991 A' " .-. 'J' . ,) . _ U:.J t. { JJ~:__ .. assessments must be held pursuant to section 5882 of the California streets and Highways Code. On July 9, 1991, the city Council set the public hearing for August 13, 1991. Commercial and industrial property owners were notified of the date and assessment amount on July 25, 1991. A list of property owners and assessments will be available to Council at the time of the public hearing. Total construction costs for this project amounted to $577,890.78. Assessment funds generated from property owners will total 10% of these costs. BUDGET/FINANCIAL IMPACT Approximately $58,018.56 will be generated from property owner assessments. Revenue will be deposited in Account No. 01-500-401- 00000-0177-10000, "Tree Planting", during FY 1991-92. Any unpaid assessments w~ll be put on the 1991-92 property tax rolls by the Los Angeles County Assessor's office. RECOMMENDATION It is recommended that the city council: 1. Open the public hearing; 2. Close the public hearing; and, 3. Acknowledge any protests and adopt the attached resolution conf1rming the assessments. Prepared by: Stanley E. Scholl, Director of General Services Dave Britton, Acting city Engineer Attachment: Resolution for Adoption Notice of Assessment and Public Hearing street Superintendent's Report - 2 - .. SANTA MONI:CA 11111 Clance E Johnsen City Clerk 1685 Main Street. POBox 2200 Santa MonIca. CA 90406-2200 (213) 458-8211 RE: 1133 OCEAN AVE. $960.00 001 ASSESSMENT AMOUNT: ASSESSMENT NO: NOTICE OF PILING OF ASSESSMENT AND TIME OF PUBLIC HEARING THEREON RE: Tree Planting on: WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE all within the City of Santa Monica. The city has completed tree planting on the above street, which fronts your property. Pursuant to Resolution No. 8255 (CCS) adopted by the city council on July 9, 1991, a public hearing to confirm assessments will be held as follows: DATE: PlACE: August 13, 1991 City council Chambers city Hall 1685 Main Street Santa Monica, California 7:30 P.M. TIME: Pursuant to the Improvement Act of 1911 of the California streets and Highways Code, this letter is notif ication that the Ci ty Council, pursuant to Resolution of Intention Nos. 7589 (CCS) and 7590 (CCS), has scheduled a hearing to hear and pass upon the report of the Superintendent of streets of the cost of the tree planting, in connection with the above-described project, 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 tree planting and any other interested persons. Any protests or objections must be in writing and must be filed with the City Clerk on or before the time set for the public hearing. ~~ee Plantlng Assessments wilshlre Boulevard page 2 of 2 Upon confirming the report of the Superintendent of streets, as provided for in the Improvement Act of 1911 of the California streets and Highways Code, the cost of the tree planting wl1l be assessed agalnst your property, and you will be notified of the manner of the payment. Please contact Lauren Ramezani at the above address or (213) 458-8721 if you have any questions regarding this assessment distrlct, your assessment or these proceedings. Sincerely, r ~~. ci:~ ~ Clerk DATE: July 25, 1991 NPHl123.tech:bat STREET SUPERINTENDENT'S REPORT TREE PLANTING ON WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE Pursuant to the provisions of the Improvement Act of 1911, Sectlon 5870 et. seq., of the streets and Highways Code of the State of California, the following work was caused to be done by the Street Superintendent: Tree planting was assessed at $3.00 per front footage. Reference lS made to the attached sheets for a description of the real property in front of which the work has been done, the proposed assessment against each property, and a description of the work done in front of each property. Street Superintendent Filed by the City Clerk this day of , 1991. Clty Clerk - 6 - ALL FO~ CITY CLERK'S ACTION ORDINANCE i Introduced: Was it amended? Adopted: ALWAYS PUBLISH ADO~TED ORDINANCES Cross out Attorney's approval VOTE: Affirmative: Nega.tive: Abstain: Absent: ~ PROOF VOTES WITH ANOTHER ~ERSON BEFORE DISTRIBUTION: ORIGINAL to he signed, . ANYTHING sealed and filed in Vault. NEWSPAPER PUBLICATION (Date: ) Department originating staff report( Laurie L1eberrnan) Ordinances only for Attorney ( Claudia Thompson) Management Services Lynne Barrette ORDINANCES ON~Y Agency mentioned ~n document or staff report (certif~ed?) 2 l' Subject file (agenda packet) 1 Counter file 1 . Others: (Review for Airport Auditorium Building Dept. C!ED Finance GelJ,eral Servo ~l--1.L~ Library Manager Fire .. departments who need to know). ParJsinq Auth. Personnel Planning Police Purchasing I Recr!Parks Transportation Treasurer , SEND FOUR cOptES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Main Street Avon, New Jersey 07717 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrick Santa Monica Municipal Court 1725 Main Stree~, Room 118 Santa Monica, CA 90401 Total Copies 4 RESOLUTION NO. 8281(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENTS FOR TREE PLANTING ON WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE WHEREAS, the Clty of Santa Monica, pursuant to Section 5100 et seq. of the streets and Highways Code, commenced proceedings to plant trees on: WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE all wlthin the city of Santa Monica; and WHEREAS, the proceeding is more fully described in the Resolution of Intention adopted by the City Council on March 29, 1988, being Resolution Numbers 7589 (CCS) and 7590 (CCS); and WHEREAS, the contract for the above-described work has been fulfilled to the satisfaction of the Superintendent of streets; and WHEREAS, the Superintendent of streets has made an assessment to cover the sum due for the work performed and specified in the contract; and WHEREAS, the assessment has been flIed with the City Clerk; and WHEREAS, the City Clerk gave the notice required by Sections 5362 and 5363 of the Streets and Highways Code: and WHEREAS I upon the day and hour fixed for hearing by the City Clerk, the City council of the City of Santa Monica heard and passed upon any and all objections, appeals, and protests, NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. All objections, appeals, and protests of every kind and nature be, and the same are hereby, overruled and denied. SECTION 2. The diagram of property, affected and beneflted by the tree planting on: WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE in the City of Santa Monlca, as more fully described in Resolution Numbers 7589 (CCS) and 7590 (CCS) and therein declared to be the property to be assessed to pay the expense of the improvements, is approved and the Clty Clerk is directed to execute the certlficate on the diagram certifYlng such approval and to deliver the diagram to the Superintendent of Streets. SECTION 3. The assessment for the tree planting on: WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE as more fully described in Resolution Numbers 7589 (CCS), and 7590 (CCS), be, and the same hereby is, confirmed and approved. SECTION 4. attach a warrant to confirmation. The Superintendent of streets shall forthwith said assessment bearlng the date of thls SECTION 5. The assessment roll, warrant, and diagram shall be recorded in the Office of the Superintendent of Streets, and immediately thereafter the City Clerk shall file a copy of the assessment dlagram in the office of the county Recorder, and thereafter shall record in said Office of the County Recorder a Notice of Assessment, all ln the manner and form prescribed by section 3114 of the Streets and Highways Code of the state of California. SECTION 6. Assessments not pald to the city within the specified t1me shall be sent to the Los Angeles County Assessor to collect such assessments upon the tax roll which general taxes are collected. SECTION 7. 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: .. . -..._.........:IiII,....,.~ ~ :.........-".. ROBERT M. MYERS City Attorney t . .. - Adopted and approved this 20th day of August, 1991. C)d td?/~ /l - Mayor I hereby certify that the foregoing Resolution No. 8281(CCS) was duly adopted by the City Council of the city of Santa Monica at a meeting thereof held on August 20th, 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez, Zane, Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: c6~ .ti;r C:i(I;Y Cl ark