R-8945
e
e
EPWM:CP:AA:RS:sm\S:SP1530\CC1530
city Council Meeting: 10/10/95
Santa Monica, California
RESOLUTION NUMBER 8945
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA TO SET A PUBLIC HEARING ON DECEMBER 12,
1995, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION
OF CONCRETE GUTTERS, ALLEY IMPROVEMENTS, STREET
RESURFACING, SIDEWALKS, DRIVEWAYS AND CURB REPAIRS, AND
THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREAS AND
APPURTENANT WORK, IN CONJUNCTION WITH THE FY 1995-96
STREET RESURFACING PROGRAM AS SHOWN ON CITY DRAWING NO.
6180, 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 construction of concrete gutters, alley
improvements, street resurfac ing , repa ir of damaged sidewalks,
driveways and curbs, and the removal of damaged pavement in parkway
areas; and
WHEREAS, Section 19 of Article XVI of the California
Constitution provides that certain specified debt limitation and
majority protest provisions shall not apply if, after the giving of
such reasonable notice by publication and posting and the holding
of such public hearing as the City Council of the city of Santa
Monica shall have prescribed, the City Council, by no less than
four-fifths vote of all members thereof, finds and determines that
the public convenience and necessity require the proposed
improvements to be made; and
.
.
WHEREAS, Streets and Highways Code section 2804 provides that
the "Special Assessment, Investigation, Limitation and Majority
Protest Act of 1931" shall not apply to any proceeding otherwise
subject thereto when said improvement proceeding is by a charter
city and said city has complied with the provisions of Section 19
of Article XVI of the California Constitution; and
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 construction of concrete gutters, alley improvements,
street resurfacing, repair of damaged sidewalks, driveways and
curbs, and the removal of damaged pavement in parkway areas, and
appurtenant work adj acent to residential, commercial and industrial
properties on City streets as shown on city Drawing No. 6180 on
file in the office of the City Engineer as follows:
STREETS TO BE RESURFACED, ALLEYS TO BE RECONSTRUCTED, AND GUTTERS
TO BE CONSTRUCTED (Commercial and Industrial Properties Assessed
Only) :
1-
2.
3.
4.
5.
6.
7.
street
4th Court
4th Court
5th Court
5th Court
5th Court
Ocean Avenue
Hill street
Limits
Wilshire Boulevard to Arizona Avenue
Arizona Avenue to Santa Monica Blvd.
Wilshire Boulevard to Arizona Avenue
Arizona Avenue to Santa Monica Blvd.
Broadway to Colorado Avenue
Colorado Avenue to Wilshire BOUlevard
Main Street to 6th Street
e
8 .
9 .
Ocean Park Boulevard
Urban Avenue
e
Llncoln Boulevard to 6th Street
PlCO Boulevard to 2651 NjO pico Blvd.
SIDEWALKS, DRIVEWAYS, CURBS REPAIRED, AND PARKWAY PAVEMENT TO BE
REMOVED (Commercial, Industrlal, and Residential Properties
Assessed) :
1.
2 .
3.
4.
5 .
6 .
7 .
Ocean Avenue
Carlyle Avenue
Hill Street
Ocean Park Boulevard
Hollister Avenue
Marguerita Avenue
Urban Avenue
Colorado Avenue to Wilshire Boulevard
9th Street to Euclid Street
Maln Street to 6th Street
Lincoln Boulevard to Highland Avenue
5th Street to 6th Street
4th Street to 7th Street
PlCO Boulevard to 2651 NjO PlCO Blvd.
SECTION 2.
The total estimated cost of the proposed
Callfornla
SECTION 3.
The improvements and repairs shall be conducted
SECTION 4
under the Improvement Act of 1911, which is contained in Division
lmprovements is $1,542,000.
7 and Chapter 22 of the Streets and Hlghways Code of the State of
The crlteria used to determine which streets are
to be resurfaced and the method of repair include: age, surface and
subsurface condltlons, complaints recelved, type of use (i.e.,
commerclal, lndustrial or resldential), current traffic volume, and
proJected change of use or traffic volume. The proposed work or
improvements in the opinion of the Clty COUDCll of the Clty of
Santa Monica is of more than local or ordinary public beneflt, and
the City COUDCll hereby propose that:
e
e
Proposed Method of Spreadinq the Assessment Cost
Work Performed
Estimated
Unit Cost
Commerclal/lnd.
Property Owners
Share of Cost
Residential
Property Owners
Share of Cost
Gutter Construction
$23 00 LF
100%
N/A
N/A
N/A
Street Resurfacing
21.50 LF
100%
Alley Reconstruction
70.00 LF
100%
Sidewalks Repair
6.00 SF
100%
50%
Driveways Repa1.r
7.50 SF
100%
50%
Curbs Repair
15-20.00 LF*
100%
50%
Parkway Paving
Removal
3-4.00 SF*
100%
50%
*Property owners c1.ted prlor to 9/20/95 were assessed at lower rate.
Owners notifled S1.nce that date are assessed at higher rate
The distrlct affected by the proposed work of improvements 1.S shown
upon a certain map indicating the exterior boundary thereof, which
said Drawing No. 6180-A is on file in the office of the City
Eng1.neer. The map hereby is referred to and shall govern for all
details as to the extent of said assessment district. The
assessment dlstrict lncludes in general the lots and parcels
descr1.bed 1.n Section 1 above but reference hereby is made to said
Drawing for all details as to the extent of said assessment
distr1.ct and for any varl.ation between the last mentioned general
description and the extent of said assessment district as shown on
said map.
e
e
SECTION 5. Bonds will be issued only for alley
improvements. Serial bonds bearing ~nterest at the rate of 8.75%
per annum shall be lssued to represent each assessment of One
Hundred Fifty dollars ($150.00) or more remalnlng unpaid for thlrty
(30) days after the recording of the warrant. Each serial bond
shall extend over a per~od end~ng n~ne (9) years from the second
day of January next succeeding the next September 1st following lts
date. Payments on the principal of unpaid assessments and interest
shall be made by property owners to the City Treasurer and the same
shall be disbursed by him/her or as prov~ded ~n the TlImprovement
Act of 191111 here~nafter referred to In accordance with Streets
and Hlghways Code Sect~on 6442, the first two percent (2%)
dellnquency penalty authorlzed by such section may be retained by
the C~ty Controller for the cost of servicing the dellnquency.
SECTION 6. Notice lS hereby glven that on Tuesday, the
12th day of December, 1995, at 6: 30 PM. I in the City Council
Chambers located in C~ty Hall, 1685 Main Street, Santa Monica,
California, there shall be a publlc hearing before sald City
Councll for the purpose of determining whether the public
conven~ence and necessity require the above-described improvements
and for the purpose of allowing any and all persons having any
obJections to the proposed work or improvements to appear and show
cause why the said proposed work or improvements shall not be
carried out ~n accordance with sa~d Resolution of Intention.
Inqulr~es concerning this public hearlng should be d~rected to the
e
e
Department of EnV1ronmental and Publ1C Works Management, Division
of Engineering, at 458-8721.
SECTION 7 The City Clerk shall give notice of the hearing
by postlng a copy of this Resolution in the manner described by the
Streets and Hlghways Code Sections 5065 and 5616 and by publicatlon
as hereinafter prov1ded. Any interested person may make protest
against the proposed 1mprovement in writing f1led with the Clty
Clerk at any time not later than the hour set for the hearing in
the manner prov1ded by the Streets and H1ghways Code Beetlon 5220.
SECTION 8. The Superintendent of Streets shall cause to be
consplcuously posted along the line of said contemplated work or
improvements and also along all the open streets wlth1n sald
district, not1ce of the passage of th1S Resolution of Intention in
the manner and form prescr1bed by law.
The Clty Clerk is d1rected to mail notices, pursuant to
Government Code Section 54954.9, in the manner and form prescribed
by law, of the adopt1on of this Resolut1on to all persons own1ng
commerc1al and industrial property in the hereinbefore descrlbed
assessment dlstrict, whose names and addresses appear on the last
equallzed assessment roll for the C1ty taxes or as known to the
offlce of the City Engineer.
SECTION 9. The City Clerk 1S directed to publ1sh this
Resolution, 1n accordance w1th Government Code Section 6066, ln The
e
e
Outlook once a week for two weeks with at least five days
lntervenlng between the first date and second date of publication
The first publication is to be made not less than 45 days prlor to
the date of the above publlc hearing.
SECTION 10. Pursuant to Public Contract Code Section 20433,
the Clty Council hereby finds that it is not in the publlc lnterest
to allow property owners to contract for the street resurfacing,
alley lmprovements, and gutter constructlon and thereby the City
shall
be
responsible
for awardlng and administering
the
construction contract for this dlstrlct.
SECTION 11. The Clty Clerk shall certify to the adoptlon of
thlS Resolutlon, and thereafter the same shall be in full force and
effect.
APPROVED AS TO FORM:
~~
MARSHA JO~S MOUTRIE
City Attorney
e
e
Adopted and approved thIS lOth of October, 1995
;tJ~
Mayor
I hereby certIfy that the foregomg Resolution 8945 (CCS) was duly adopted at a meeting
of the CIty Councd held on the lOth of October, 1995 by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
Councd members
None
Abstam
Councd members
None
Absent
Couned members
None
ATTEST
'-\H ~ ~~.-.&
CIty Clerk