ITEM 10-A
Council Meeting: February 14, 1995
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution to Hold a Public Hearing for the Confirmation
of Assessment Costs to Repair Damaged Sidewalks,
Driveways, Curbs and Remove Damaged Pavement in the
Parkway Areas on Various Streets (SR-95-191)
Introduction
This report recommends that the City Council conduct a public
hearing to confirm the assessment costs for repairing damaged
sidewalks, driveways, curbs and removing damaged pavement in
parkway areas on various streets within the City. It is
recommended that the City Council adopt the attached Resolution
confirming the assessment costs.
Background
On January 10, 1995, the City Council adopted Resolution No. 8846
(CCS) setting a public hearing for February 14, 1995, to confirm
the assessment costs for repairing damaged sidewalks, driveways,
curbs and removing damaged pavement in parkway areas within the
City of Santa Monica. (See attached Resolution for exact
locations). Notices were sent on January 30, 1995 to affected
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 owner participation in the
payment of cost of repairing damaged sidewalks. Residential
property owner financial participation is 50% of the cost of the
repairs if the damage is related to tree roots, with the City
paying the remaining 50% of the repair cost. Property owners
are assessed 100% of the cost if the damage is not related to
tree roots. Commercial property owners are assessed 100% of the
cost regardless of the cause of the damage.
Method of Spreading the Assessment Cost
Commercial
Residential Property
Property Owner's Owner's
Work Performed Unit Cost Share of Cost Share of Cost
Sidewalk Repairs $ 6.00 SF 50% * 100%
Driveway Repairs 7.50 SF 50% * 100%
Driveway Apron Repairs 7.50 SF 50% * 100%
Curb Repairs 15.00 LF 50% * 100%
Parkway Paving Removal 3.00 SF 50% * 100%
* Approximately 99% of all damage is from tree roots. Where
damage is not due to tree roots, the property owner share is 100%
of cost.
Budget/Financial Analysis
It is calculated that $16,272.75 will be generated from property
owner assessments. Cash revenues will be deposited in Account
No. 01-500-421-00000-0179-10000, "Sidewalk Repair Revenue." Any
unpaid assessments will be placed on the 1995-1996 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 confirming the assessment costs.
Prepared by: Craig Perkins, Director of Environmental and
Public Works Management
Renee Cowhig, Maintenance Division Manager
Attachments: Resolution
Notice(s) of Public Hearing
Street Superintendent's Report
List of Property Owners
RESOLUTION NO. __________
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CONFIRMING THE ASSESSMENT COSTS AND THE REPORT OF
THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO
DAMAGED SIDEWALKS, DRIVEWAYS, CURBS AND REMOVAL OF
DAMAGED PAVEMENT IN THE PARKWAY AREA ON VARIOUS STREETS
(SR-95-191)
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, curbs, and removal of damaged
parkway pavement in the City of Santa Monica at:
1807 10TH STREET, 503 15TH STREET, 702 19TH STREET, 703 19TH
STREET, 2405 21ST STREET, 1143 26TH STREET, 2243 28TH STREET, 208
ALTA AVENUE, 212 ALTA AVENUE, 2702 ARIZONA AVENUE, 2710 ARIZONA
AVENUE, 2802 ARIZONA AVENUE, 2910 ARIZONA AVENUE, 2918 ARIZONA
AVENUE, 630 BAY STREET, 636 BAY STREET, 201 BROADWAY, 1701 CEDAR
STREET, 803 FIFTH STREET, 1124 GRANT STREET, 1208 MAPLE STREET,
1351 MAPLE STREET, 1004 MICHIGAN AVE, 919 MONTANA AVENUE, 925
MONTANA AVENUE, 927 MONTANA AVENUE, 1842 NINTH STREET, 608
PALISADES AVENUE, 959 PRINCETON STREET, 2801 VIRGINIA AVENUE,
all within the City of Santa Monica; and
WHEREAS, sixty (60) days after said notice 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 to
property owners 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 8846 (CCS) the City Council of the City of
Santa Monica will hear and pass upon the report of the
Superintendent of Streets together with all objections and
protests as required by Section 5618 of the Streets and Highways
Code,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY 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 herein 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 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 Highways 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:
____________________________
MARSHA JONES MOUTRIE
City Attorney
NOTICE OF PUBLIC HEARING
Re: Sidewalk Repair at
(Sidewalk Assessment District: SR-95-191)
The sidewalk repair at the above described property has been
completed, and the cost of the sidewalk repair is $__________.
Your share of the cost is $__________ which is one-half of the
total 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.
8846 (CCS) adopted on January 10, 1995, has scheduled a hearing
to hear and pass upon the report of the Superintendent of Streets
on 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: February 14, 1995
PLACE: City Council Chambers City Hall
1685 Main Street
Santa Monica, California
TIME: 6:30 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. If
you have any questions regarding this assessment, please, first
contact the Street Inspector, Richard Valeriano at 458-8504.
Depending in the availability of funding, the City may provide
financial assistance for low-to-moderate income persons. If your
income is less than $27,950 for a family of one person, $31,900
for two persons, $35,900 for three persons or $39,900 for four
persons. After receiving your invoice call Susan Lai at 458-8701
for information on this program.
Very truly yours,
Renee Cowhig
Maintenance Division Manager
NOTICE OF PUBLIC HEARING
Re: Sidewalk Repair at
(Sidewalk Assessment District: SR-95-191)
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.
8846 (CCS) adopted on January 10, 1995, has scheduled a hearing
to hear and pass upon the report of the Superintendent of Streets
on 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: February 14, 1995
PLACE: City Council Chambers
City Hall
1685 Main Street
Santa Monica, California
TIME: 6:30 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. If
you have any questions regarding this assessment, please, first
contact the Street Inspector, Richard Valeriano at 458-8504.
Depending on the availability of funding, the City may provide
financial assistance for low-to-moderate income persons. If your
income is less than $27,950 for a family of one person, $35,900
for two persons, $34,800 for three persons or $39,900 for four
persons. After receiving your invoice call Susan Lai at 458-8701
for information on this program.
Very truly yours,
Renee Cowhig
Maintenance Division 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-95-191)
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:
Total Cost of Repair Work . . . . . . . . . . . . . .$29,074.50
Amount of Total Cost Assessed to Property Owners. . .$16,272.75
Number of Properties Assessed @ 50% . . . . . . . . .23
Number of Properties Assessed @ 100%. . . . . . . . .5
Number of Properties Assessed @ Minimum Charge. . . .2
Total Amount of 50% Assessments . . . . . . . . . . .$12,897.75
Total Amount of 100% Assessments. . . . . . . . . . .$ 3,075.00
Total Amount of Minimum Charges . . . . . . . . . . .$ 300.00
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 Maintenance Superintendent
Filed with the City Clerk this _____ day of ________________,
1995.
___________________________________
City Clerk