ITEM 6-O
Council Meeting: November 12, 1991 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Form an Assessment District for The
Reconstruction of Lincoln Court Between Olympic
Boulevard and Michigan Avenue, and Set a Public Hearing
for December 10, 1991.
Introduction
This report recommends that the City Council approve the
formation of an assessment district for the construction of
concrete pavement, and other appurtenant work on Lincoln Court
between Olympic Boulevard and Michigan Avenue.
This report also requests that the City Council adopt the
attached Resolution of Intention and set a public hearing for
December 10, 1991, for the establishment of the appropriate
assessment district and declare the City's intention to assess
property owners for costs.
Background
The reconstruction of Lincoln Court consists of replacing the
existing deteriorated asphalt paving with new concrete paving.
The current asphalt paving is in extremely poor condition and the
rainfall runoff capacity is restricted. The full length of the
alley contains numerous cracks and extensive potholes. Due to
the extent of the needed repairs, patching is not economically
feasible. With the installation of the concrete "V Shaped"
alley, maintenance will be reduced and drainage will be enhanced.
The life of the proposed concrete alley is estimated to be in
excess of 50 years.
Ozone Place North is a similar alley assessment project that was
completed in 1985 due to its deteriorated condition. Property
owners were assessed for approximately more than 70% of the cost
and a utility company paid for the remaining 30%.
The proposed Lincoln Court assessment is proposed to be similar
to streelighting assessments. The commercial and industrial
property owners will pay 100% of the cost per footage,
approximately $77.00 per lineal foot. Residential property
owners will pay 50% of the cost per footage, approximately $38.50
per lineal foot, with the City paying the other 50%. The cost
split is related to the proportionate amount of wear and tear
caused by vehicles from the commercial parcels as compared to the
residential parcels. One property owner has deposited $6,000 for
his assessed share of the cost as a condition of his development
permit. Staff held a meeting on October 30, 1991 to discuss this
assessment project with the affected property owners. 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.
Budget/Financial Impact
The cost of the reconstruction is approximately $ 44,000.00.
Residential property owners will pay approximately $10,600.00 of
the construction costs and commercial or industrial property
owners will pay approximately $22,800.00 of the construction
costs. The assessment district will generate revenues of
approximately $33,400.00 for FY 1991-92 which will be deposited
in Account #01-500-401-00000-0124-10000, "Street Resurfacing
Assessment." The City's share will come out of "Street/Sidewalk/
Curb/Gutter Replacement," Account No. 01-770-421-20092-8900-
99152. A detailed breakdown of assessments after the work has
been completed.
Recommendation
It is recommended that the City Council:
1. Approve the formation of the above assessment district;
2. Adopt the attached Resolution of Intention setting a
public hearing for December 10, 1991; and,
3. Declare the City's intention to assess property owners
for costs.
Prepared by: Stan Scholl, Director of General Services
Tony Antich, City Engineer
Attachment: Resolution of Intention
RESOLUTION NO.
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SETTING A PUBLIC
HEARING ON DECEMBER 10, 1991 FOR THE PURPOSE
OF DETERMINING WHETHER OR NOT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF CONCRETE PAVEMENT AND OTHER
APPURTENANT WORK ON LINCOLN COURT BETWEEN
OLYMPIC BOULEVARD AND MICHIGAN AVENUE AS SHOWN
ON CITY DRAWING NO. 5986, 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 for the construction of a concrete pavement and other
appurtenant work on Lincoln Court between Olympic Boulevard and
Michigan Avenue; 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 a concrete alley and other
appurtenant work adjacent to properties on Lincoln Court between
Olympic Boulevard and Michigan Avenue as shown on City Drawing
No. 5986 on file in the office of the City Engineer.
SECTION 2. The improvements shall be conducted under the
Improvement Act of 1911, which is contained in Division 7 of the
Streets and Highways Code of the State of California.
SECTION 3. The proposed work or improvements in the opinion
of City Council of the City of Santa Monica is of more than local
or ordinary public benefit, and the City Council hereby proposes
that property owners in the district in the City of Santa Monica
to be benefited by construction of a concrete alley be assessed
the full cost of construction. Commercial or industrial property
owners will be assessed 100% of cost per footage at approximately
$77.00 per lineal foot and residential property owners will be
assessed 50% of the cost per footage at approximately $38.50 per
lineal foot.
The district affected by the proposed work or improvements is
shown upon a certain map indicating the exterior boundary
thereof, which said Drawing No. 5986-A is on file in the office
of the City Engineer. The map hereby is referred to and shall
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. No bonds will be issued for the aforementioned
assessment district.
SECTION 5. Notice is hereby given that on Tuesday, the 10th
day of December, 1991, at 7:30 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 the public convenience 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 should not be carried out
in accordance with said Resolution of Intention. Inquiries
concerning this public hearing should be directed to the
Department of General Services, Division of Engineering, at
458-8721.
SECTION 6. The City Clerk shall give notice of the hearing
by posting a copy of this Resolution in the manner described by
Streets and Highways Code Section 5065 and by publication as
hereinafter provided. Any interested person may make protest
against the proposed improvement in writing filed with the City
Clerk at any time not later than the hour set for the hearing in
the manner provided by Streets and Highways Code Section 5220.
SECTION 7. The Superintendent of Streets shall cause to be
conspicuously posted along the line 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, in the manner and
form prescribed by law, of the adoption of this Resolution to all
persons owning commercial, industrial or residential 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 City Clerk.
SECTION 8. The City Clerk is directed to publish this
Resolution in The Outlook on two successive dates. The first
publication is to be made not less than fifteen days prior to the
date of the above public hearing.
SECTION 9. Pursuant to Public Contract Code Section 20433,
the City Council hereby states that the property owners may not
contract for the improvements and that the City shall be
responsible for awarding and administering the construction
contract for this district.
SECTION 10. The City Clerk shall certify to the adoption of
this Resolution, and thereafter the same shall be in full force
and effect.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney