ITEM 10-C
Council Meeting: May 28, 1991 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Public Hearing on Assessment of Costs to Repair Damaged
Sidewalks, Driveways and Curbs (SR-91-172)
Introduction
This report requests that the City Council hold a public hearing for
the assessment of costs to repair damaged sidewalks, driveways and
curbs at various locations within the City. It is recommended that
the City Council adopt the attached Resolution confirming the
assessment of costs.
Background
On April 23, 1991, the City Council set a public hearing for May 28,
1991, on the assessment of costs to repair damaged sidewalks,
driveways and curbs within the City of Santa Monica. (See attached
Resolution for exact locations). Notices were sent on May 17, 1991 to
property owners informing them of the public hearing in accordance
with the legal requirements of Chapter 22 of the Improvement Act of
1911.
On October 9, 1979, the City Council approved a sidewalk repair
program which provided for property owners 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 damaged is
not related to tree roots and commercial property owners are assessed
100% of the cost regardless of the case of the damage.
Budget/Financial Impact
This assessment district will generate revenues to the City over the
next two years in the amount of $4,710.00. Any unpaid assessments
will be placed on the 1991-1992 property tax bills.
Recommendation
It is recommended the City Council:
1. Open the public hearing;
2. Close the public hearing;
3. Acknowledge any protests and adopt the attached Resolution
confirming the assessments.
Prepared by: Stan Scholl, Director of General Services
Ronald Cummings, Acting Maintenance Manager
Richard Valeriano, Street Inspector
Attachments: Resolution for Adoption
Notice(s) of Public Hearing
Street Superintendent's Report
and List of Property Owners
RESOLUTION NO.
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CONFIRMING THE REPORT OF THE
SUPERINTENDENT OF STREETS REGARDING REPAIRS TO
DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-91-172)
WHEREAS, the Superintendent of Streets of the City of Santa
Monica, pursuant to Sections 5600-5630 of the Streets and Highways
Code, commenced proceedings to cause the repair of damaged sidewalks,
driveways and curbs in the City of Santa Monica at 2302 32nd Street,
707 Idaho Street, 401 Santa Monica Boulevard, 1340 Lincoln Boulevard,
2451 22nd Street, 2454 22nd Street, 2446 22nd Street, 2437 22nd
Street, 2443 22nd Street, 2312 32nd Street, 1513 Ninth Street, 1233
14th Street, 810 20th Street, 2503 Third Street, 332 Santa Monica
Boulevard, all within the City of Santa Monica; and
WHEREAS, sixty days after said order was served, the work had not
been completed by the owners or persons in possession of the affected
properties, and the Superintendent of Streets caused the work to be
done; and
WHEREAS, the Superintendent of Streets gave notice as required by
Section 5616 of the Streets and Highways Code; and
WHEREAS, the Superintendent of Streets did file with the City
Council of the City of Santa Monica a report of repairs and costs as
required by Section 5617 of the Streets and Highways Code; and
WHEREAS, upon the day and hour fixed for hearing by Resolution
Number 8209 (CCS), the City Council of the City of Santa Monica heard
and passed upon the report of the Superintendent of Streets together
with all objections and protests as required by Section 5618 of the
Streets and Highway Code,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. The report of the Superintendent of Streets heretofore
filed and above-described be, and the same hereby is, confirmed.
SECTION 2. All protests and objections of every kind and nature
to the report of the Superintendent of Streets be and the same hereby
are, overruled and denied.
SECTION 3. The cost of the repairs, as set forth in the report of
the Superintendent of Streets, shall be assessed against the
properties therein described, which properties front the sidewalk upon
which the repairs were made.
SECTION 4. 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 therein described in the amount set
forth in the report of the Superintendent of Streets, which lien shall
continue until the assessment and all interest thereon is paid or
until it is discharged of record.
SECTION 5. If the assessment is not paid within the time
permitted by law, the Superintendent of Streets, in accordance with
Section 5628 of the Streets and Highway Code, shall deliver a Notice
of Lien, prepared in the manner required by Section 5626 of the
Streets and Highways Code, to the County Auditor who shall collect the
assessment together with all other taxes against the property.
SECTION 6. 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
NOTICE OF PUBLIC HEARING
Re: Sidewalk Repair at
(Sidewalk Assessment District: SR-91-172)
The sidewalk repair at the above described property has been
completed, and the cost of the sidewalk repair is $ . Your
cost is $ which is one-half of the cost of the work done
at the location. THIS IS NOT AN INVOICE. You will be billed later.
Pursuant to Streets and Highways Code Section 5616, this letter is
notification that the City Council, pursuant to Resolution No. 8209
(CCS) adopted on April 23, 1991, has scheduled a hearing to hear and
pass upon the report of the Superintendent of Streets of the cost of
the sidewalk repair, in connection with the above-described project,
together with any objections and protests, if any, which may be raised
by any property owner liable to be assessed for the cost of such
sidewalk repair and any other interested persons.
The hearing will be held as follows:
DATE: May 28, 1991
PLACE: City Council Chambers
City Hall
1685 Main Street
Santa Monica, California
TIME: 7:3O 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, as
provided for in Streets and Highways Code Section 5618, the cost of
the sidewalk repair will be assessed against your property, and you
will be notified of the manner of payment. The City will provide
financial assistance for low-to-moderate income persons. If your
income is less than $21,750 for a family of one person, $24,900 for
two persons, $28,000 for three persons or $31,000 for four persons,
call 458-8701 for information on this program.
Very truly yours,
Ronald F. Cummings
Acting Maintenance Manager
NOTICE OF PUBLIC HEARING
Re: Sidewalk Repair at
(Sidewalk Assessment District: SR-91-172)
The sidewalk repair at the above described property has been
completed, and your cost of the sidewalk repair is . THIS IS
NOT AN INVOICE. You will be billed later.
Pursuant to Streets and Highways Code Section 5616, this letter is
notification that the City Council, pursuant to Resolution No. 8209
(CCS) adopted on April 23, 1991, has scheduled a hearing to hear and
pass upon the report of the Superintendent of Streets of the cost of
the sidewalk repair, in connection with the above-described project,
together with any objections and protests, if any, which may be raised
by any property owner liable to be assessed for the cost of such
sidewalk repair and any other interested persons.
The hearing will be held as follows:
DATE: May 28, 1991
PLACE: City Council Chambers
City Hall
1685 Main Street
Santa Monica, California
TIME: 7:3O 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, as
provided for in Streets and Highways Code Section 5618, the cost of
the sidewalk repair will be assessed against your property, and you
will be notified of the manner of payment. The City will provide
financial assistance for low-to-moderate income persons. If your
income is less than $21,750 for a family of one person, $24,900 for
two persons, $28,000 for three persons or $31,000 for four persons,
call 458-8701 for information on this program.
Very truly yours,
Ronald F. Cummings
Acting Maintenance Manager
STREET SUPERINTENDENT'S REPORT
REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS, CURBS AND/OR REMOVAL
OF OBSTRUCTIONS, PERFORMED UNDER PROVISIONS OF DIVISION 7,
CHAPTER 22, SECTIONS 5600 TO 5630, OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA (SR-91-172)
Pursuant to the provisions of Division 7, Chapter 22, Sections
5600 to 5630, of the Streets and Highways Code of the State of
California, the following work was caused to be done by the Street
Superintendent:
The removal and replacement of 75 square feet of sidewalk at
$4.00 per square foot.
The removal and replacement of 650 square feet of sidewalk at
$6.00 per square foot;
The removal and replacement of 30 linear feet of curbing at
$10.50 per linear foot;
The total cost of the above work was $4,515.00.
The total proposed assessment for the above sidewalk and curb
damage is $2,257.50 or 50 percent of the total cost. The other 50
percent of the cost is being paid by the City as the above repairs
were caused by tree root damage.
The removal and replacement of 75 square feet of sidewalk in
driveway area at $7.50 per square foot.
The removal and replacement of 20 lineal feet of curbing at
$10.50 per lineal feet.
The removal (only) of 10 square feet of parkway area at $3.00
per square feet.
The removal only 200 square feet of sidewalk at $6.00 per
square foot;
The removal and replacement of 60 square feet of driveway at
$7.50 per square foot.
The total cost of the above work was $2,452.50.
The total proposed assessment of the above sidewalk and curb
damage is $2,452.50 or 100 percent of the total cost of the above
repairs were not caused by tree root damage.
Reference is 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 with the City Clerk this day of , 1991.
City Clerk