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HomeMy WebLinkAboutAgenda Report - May 18, 2005 I-01 PHAGENDA ITEM 1-1 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Consider Objections or Protests to the Cost of Repairs Repc t for Sidewalk Repairs at 633 Holly Drive and to Confirm Report as Submitted by the Superintendent of Streets MEETING DATE: May 18, 2005 PREPARED BY: Public Works Director RECONNIIENDED ACTION: That the City Council hold a public hearing to consider objections or protests to the cost of repairs report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. BACKGROUND INFORMATION: As part of the City's sidewalk upgrade program, the property owners at 633 Holly Drive were notified in October of 2003 of the dangerous condition of sidewalk fronting their property. They were given four notices over a five-month period. They did not make the repairs and the City's contractor repaired the sidewalk. Street and Highway Code Section 5616 requires that a public hearing be held to hear and pass upon the report of cost of repairs and to hear protests which may be raised by property owners. The City's costs to repair the sidewalk were: Labor and equipment by City forces to remove concrete: $257.46 Contracted services to install concrete plus 15 percent mark-up: $258.75 Administration/Permit at 25 percent: $129.05 Total $645.26 The Streets and Highway Code has several alternatives for collection of the cost of repairs if property owners do not pay. Those are: a) file a notice of lien which could take years to collect (Streets and Highway Code Section 5627); b) order the Notice of Lien be turned over to the Tax Collector to be collected with the next year's property taxes (Streets and Highway Code Section 5628); c) collect the cost in annual payments not to exceed five years. These payments would include interest, with the rate being set by the legislative body. Previously (by Resolution No. 90-35), the Council determined that the collection method for cost of repairs to sidewalks would be to tum a notice of lien over to the Tax Collector. Staff will follow this process unless changed by the Council. After the public hearing, the Council confirm the cost of repairs report and method of payment, assess the cost of repairs to the affected property and order the preparation of a notice of lien to be filed with the Tax Collector if, after being billed, the property owner does not pay the bill within five (5) days. FISCAL IMPACT: $645.26 could be lost to the General Fund depending on Council's action. FUNDING AVAILABLE: None required. 62 Richard C. Prima, Jr. Public Works Director Prepared by George M. Bradley, Street Superintendent Attachment RCP/GMB/dsg APPROVED: ' �/ Blair King, City Manager J:ICOUNCI M5TH633HollyD r.doc 5/11/2005 RESOLUTION NO. 90-35 ---------------------- ---------------------- A RESOLUTION OF THE LODI CITY COUNCIL DETERMINING THE METHOD OF COLLECTION OF SIDEWALK REPAIR COSTS TO BE PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 5628 ----------------------------------------------------------------------- ----------------------------------------------------------------------- WHEREAS, the City of Lodi has an ongoing program of sidewalk maintenance which may necessitate that repairs or replacement of sidewalks be made, which costs must be borne by the individual property owners; NOW THEREFORE BE IT RESOLVED, by the Lodi City Council that the method of collection of costs for sidewalk replacement or repairs for the maintenance of sidewalks if that bill is not paid within five days of the billing shall be pursuant to Streets and Highways Code Section 5628, as follows: THE LODI CITY COUNCIL HEREBY ORDERS that the Notices of Lien shall be turned over to the San Joaquin County Tax Collector. The Tax Collector shall collect the costs of the sidewalk replacement or repairs with the next year's property tax, and if the costs are not paid with the next year's property taxes, it shall become delinquent and shall be handled in the same manner as other delinquent property taxes. Dated: March 7, 1990 ---------------------- ---------------------- I hereby certify that Resolution No. 90-35 was passed and adopted by the Lodi City Council in a regular meeting held March 7, 1990 by the following vote: Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and Snider (Mayor) Noes: Council Members - None Absent: Council Members - None Alice M. Reimche City Clerk 90-35 RES9035/TXTA.0IV CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: May 18, 2005 Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, May 18, 2005, at the hour of 7.00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 3U5 West Pine Street, Lodi, to consider the following matter: a] objections or protests to the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. Information regarding this item may be obtained in the office of the Public Works Department, 221 West Pine Street, Lodi, California, All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: 7�7 Susan J. Blackston City Clerk Dated: April 20,2M Approved as to form: D. Stephen Schwabauer City Attorney N:' 14AWNSUadonYXEP"U8µFARVCTKXS 4otW.doc 4/1605 DECLARATION QF POSTING SET PUBLIC HEARING FOR MAY 18, 2005, TO CONSIDER OBJECTIONS OR PROTESTS TO THE COST OF REPAIRS REPORT FOR SIDEWALK REPAIRS AT 633 HOLLY DRIVE AND TO CONFIRM REPORT AS SUBMITTED BY THE SUPERINTENDENT OF STREETS On Friday, April 22, 2005, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider objections or protests to the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets, (attached hereto, marked Exhibit "A"), was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on April 22, 2005, at Lodi, California w ri J. ick Adminis tive Clerk N:IAdministration\CLERKIKJCIDECPOST3.DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk DECLARATION OF MAILING SET PUBLIC HEARING FOR MAY 18, 2005, TO CONSIDER OBJECTIONS OR PROTESTS TO THE COST OF REPAIRS REPORT FOR SIDEWALK REPAIRS AT 633 HOLLY DRIVE AND TO CONFIRM REPORT AS SUBMITTED BY THE SUPERINTENDENT OF STREETS On April 22, 2005, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, an envelope with certified postage prepaid thereon, containing a notice to set public hearing for May 18, 2005, to consider objections or protests to the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets, marked Exhibit "A'; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on April 22, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK Pr KARI J. ADWICK ADMINI RATIVE CLERK N:IAdmi stration\CLERK\KJC\DECMAIL.DOC ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK NOTICE OF PUBLIC HEARING LODI CITY COUNCIL 221 W. PINE STREET, LODI, 95240 --TELEPHONE 333-6702 DATE: Wednesday, May 18, 2005 TIME: 7:00 p.m., or as soon thereafter as the matter can be heard PLACE: Carnegie Forum, 305 West Pine Street, Lodi SUBJECT: To consider objections or protests to the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. (For addidonoi information SEE ATTACHED COUNCIL COMMUNICATION dated 04120105) INFORMATION REGARDING THIS MATTER MAY BE OBTAINED IN THE OFFICE OF THE PUBLIC WORKS DEPARTMENT, 221 W. PINE ST., LODI. WRITTEN STATEMENTS MAY BE FILED WITH THE CITY CLERK, 221 W. PINE ST., 2ND FLOOR, LODI, AT ANY TIME PRIOR TO THE HEARING SCHEDULED HEREIN, AND ORAL STATEMENTS MAY BE MADE AT SAID HEARING. ALL PROCEEDINGS BEFORE THE CITY COUNCIL ARE CONDUCTED IN ENGLISH. THE CITY OF LODI DOES NOT FURNISH INTERPRETERS, AND, IF ONE IS NEEDED, IT SHALL BE THE RESPONSIBILITY OF THE PERSON NEEDING ONE. ANYONE WISHING TO BE HEARD ON THE ISSUE MAY APPEAR BEFORE THE CITY COUNCIL AT THE TIME OF THE PUBLIC HEARING. IF YOU CHALLENGE THE PROPOSED ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERKICITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. Date Mailed: April 21, 2005 Certified Mail & Regular Delivery TO: Larry and Andra Thompson 633 Holly Drive Lodi, CA 95240 SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LODI * `o w AGENDA ITEM Eap�� ` CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Set Public Hearing for May 18, 2005, to Consider Objections or Protests to the Cost of Repairs Report for Sidewalk Repairs at 633 Holly Drive and to Confirm Report as Submitted by the Superintendent of Streets MEETING DATE: April 20, 2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council set a public hearing for May 18, 2005, to consider objections or protests to the cost of repairs report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. BACKGROUND INFORMATION: As part of the City's sidewalk upgrade program, the properly owners at 633 Holly Drive were notified in October of 2003 of the dangerous condition of sidewalk fronting their property. They were given four notices over a five-month period. They did not make the repairs and the City's contractor repaired the sidewalk. Street and Highways Code Section 5616 requires that a public hearing be held to hear and pass upon the report of cost of repairs and to hear protests which may be raised by property owners. The City's costs to repair the sidewalk were: Labor and equipment by City forces to remove concrete: $257.46 Contracted Services to install concrete plus 15 percent mark-up: $258.75 AdministratbNPemiit at 25 percent: M. Total $645.26 The Streets and Highways Code has several alternatives for collection of the cost of repairs if property owners do not pay. Those are: a) file a notice of lien which could take years to collect (Streets and Highways Code Section 5627); b) order the notice of lien be turned over to the Tax Collector to be collected with the next year's property taxes (Streets and Highways Code Section 5528); c) collect the cost in annual payments not to exceed five years. These payments would include interest, with the rate being set by the legislative body. Previously (by Resolution No. 94-35), the Council determined that the collection method for cost of repairs to sidewalks would be to tum a notice of lien over to the Tax Collector. Staff will follow this process unless changed by the Council. After the public hearing, the Council confirm the cost of repairs report and method of payment, assess the cost of repairs to the affected property and order the preparation of a notice of lien to be filed with the Tax Collector if, after being billed, the property owner does not pay the bill within five (5) days. FISCAL IMPACT: $645.26 could be lost to the General Fund depending on Council's action. FUNDING AVAILABLE: None required. Richard C. Prima, Jr. Public Works Director Prepawl by George M. Bradley, Street Supeiniendent gttacy�rr�ent RCP/GM81dsg APPROVED: f Blair , City Manager -. C0UNCfL WffCCSeIPW33fki1Wf- = 4/13/2005 RESOLUTION NO. 90-35 �strzxz:szszaaxaxasazz A RESOLUTION OF THE LOD1 CITY COUNCIL DETERMINING THE METHOD OF COLLECTION Of SIDEWALK( REPAIR COSTS TO BE PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 5628 czx=====scsac==s=�exc�as==nodtst�zxzassaam7axs=Rx=7czx�szxsxxsxss�zzzzasxx WHEREAS, the City of Lodi has an ongoing program of sidewalk maintenance which may necessitate that repairs or replacement of sidewalks be made, which costs must be borne by the individual property owners; NOW THEREFORE BE IT .RESOLVED, by the Lodi City Council that the. method of collection of costs for sidewalk replacement or repairs for the maintenance of sidewalks if that bill is not paid within five days of the billing shall be pursuant to Streets and Highways Code Section 5628, as follows: THE LODI CITY COUNCIL HEREBY ORDERS that the Notices of Lien shall be turned over to the San Joaquin County Tax Collector. The Tax Collector shall collect the costs of the sidewalk replacement or repairs with the next year's property tax, and if the costs are not paid with the next year's property taxes, it shall become delinquent and shall be handled in the same manner as other delinquent property taxes. Dated: March 7, 1990 szs xxaxzsszczsx=ax.¢azsxzasssxx=xz=s==r==asasxexx===ice=azFdx7e7[z: ztaaR;s a= I hereby certify that Resolution No. 90-36 was passed and adopted by the Lodi City Council in a regular meeting held March 7, 1990 by the following vote: Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and Snider (Mayor) Noes: Council Members - None Absent: Council Members - None Alice M. Reimche City Clerk 90-35 RES90351TXTA.01V ■ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: _ (�-✓3 �-�� � X i f . : gent I f I; Addressee B. R lved (Printed lVar rr Tc.` b D. is delivery address different from item 1? ©Yes if YES, enter delivery address below: 1�-No 3. Service Type ,1rCertified Mail E3 Express Mail ❑ Registered © Return Recut for Merchandise 0 Insured Mail 13 C.Q.D. 4. Restricted Delivery? (Fxtre Fee) p Yes 2. Article Number (Transfer from service label) 7003 31110 0 0 0 1 9935 9357 PS Form 3811, August 2001 Domestic Return Receipt 2ACPAI-03-P-4001 UNITED STATES POSTAI_ SERV? t { �.�+ S ���"p id h P M .n �- • Sender: Please Office of the Lodi City Clerk City Hall 221 West Pine Street P.O. Box 3006 Lodl, Callfornla 66241-1®i0 r� qF 1.7�. S, '1 S"S jiili!lIEIIE111�i111i1il illilllli7ltilllllliiIII III III III lilt NOTICE OF CONTINUED PUBLIC HEARING CITY COUNCIL CITY OF LODI NOTICE IS HEREBY GIVEN that the May 18, 2005 public hearing of the City Council of the City of Lodi to consider ob'ections or protests to the Cost of Re airs Report for sidewalk repairs at 633 Holly Drive and to confirm Report as submitted by the Superintendent of Streets has been continued to June 1, 2005 at the hour of 7.00 p.m. in the Council Chamber, Carnegie Forum, 305 W. Pine Street, Lodi, California. Posted May 19, 2005 SUSAN J. BLAC"TON CITY CLERK Of the City of Lodi