HomeMy WebLinkAboutAgenda Report - November 7, 2007 I-01 PHAGENDA ITEM TO
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Public Hearing to Consider Reportfor Sidewalk Repairs and to Confirm the
Report as Submitted bythe Public Works Department
MEETING DATE: November 7,2007
PREPARED BY: Public Works Director
RECOMMENDEDACTION: Conduct a public hearingto considerthe Reportfor Sidewalk
Repairs, hear protests from the public, and to confirm the report as
submitted by the Public Works Department. Following the public
hearing, the Council will be asked to confirm the cost of repairs
report, determine the method of payment, assess the cost of repairs to the affected property
(121 Olive Court), and order the preparation of a Notice of Lien to be filed with the tax collector. The
property owner was billed on July 27, 2007, for the $5,566.12 cost of repair. As of October 24, 2007, the
property owner has not responded. Streets 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.
BACKGROUND INFORMATION: As part of the City's sidewalk maintenance program, on
March 7, 2007, the City notified eleven property owners their
sidewalks needed to be repaired. These notices were sent to
property owners with the worst offsets according to our sidewalk
survey. Some owners took care of the need immediately on their own, some asked for assistance in
completing the work, and one owner did not perform.
The Curb, Gutter & Sidewalk Maintenance Policy, approved by Council, provides several alternatives for
the cost of repairs. Those alternatives are: a) City will advance funds for installation or maintenance
without interest if the property owner agrees to make payments over the course of twelve months and
upon execution of a written payment agreementwith the City; b) property owners meeting low-income
eligibility per the City's SHARE Program may elect to defer maintenance costs until transfer of ownership
with execution of a payment agreement with a fixed interest; or c) the City Manager is authorized to
execute payment agreements and file liens and assessments with the County Tax Collector and/or
Recorderas appropriate to secure payment.
Property owners were given up to three notices over a two-month period, indicating that if they did not
make the repairs, the City's contractorwould repair the sidewalk.
The following is a list of the eleven properties that received sidewalk repair notifications and the
response:
APPROVED:
)BfWking, City Manager
K:IWPICOUNCIL1071PH_SidewalkRepairsRepor1.doc 10/3112007
Public Hearing to Consider Report for Sidewalk Repairs and to Confirm the Report as Submitted by the
Public Works Department
November 7,2007
Page 2
Street Haaress Cost Estimate Work Accomplished
1636 South School Street $6,115 Property owner hired contractor. I
Work completed 6/12/07.
354 East Oak Street $966 Property owner hired contractor,
Work completed 5/11/07.
421 South Pleasant Avenue
$14,318
Property owner hired City.
Work completed 7/7/07.
731 North Ham Lane
$8,727
Property owner hired contractor.
(Actual Cost)
Work completed 5/11/07.
110 North Mills Avenue
$4,330
Property owner hired contractor,
Work completed 5/11/07.
523 Tamarack Drive
$1,835
Property owner hired contractor,
Work completed 7/23/07.
725 North Lincoln AvenueI $1,835 Property owner hired contractor.
Work completed 5111/07.
1615 Edgewood DriveI $1,942 Property owner hired contractor,
Work completed 5111107.
1701 Holly DriveI $3,197 Property owner hired contractor.
f Work completed 3/26/07.
75 North Crescent Avenue
$3,772
Property owner hired City.
Work completed 7/16/07.
121 Olive Court
$5,566
Failed to perform. City completed repair;
(Actual Cost)
billed property owner.
Based on previous cases, the Council determined that the collection method for cost of repairs to
sidewalks would be to turn a Notice of Lien over to the Tax Collector. It is staffs recommendation that
this be continued.
FISCAL IMPACT:
FUNDING AVAILABLE:
The Street Fund could recover $5,566.12, which includes the City's
administrative time, if Council approves staffs recommendation to file a
Notice of Lien with the Tax Collector.
None was required.
Richard C. Prima, Jr.
Public Works Director
RCP/GMB/dsg
cc: Fernando Almeida, 121 Olive Court. Lodi, CA, 95240
K:IWPICOUNCIL1471PH_SidewalkRepairsReport.doc 1013112007
Please immediately confirm receipt
q f this fax by calling 333- 6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK
REPAIRS AND TO CONFIRM THE REPORT AS SUBMITTED BY
THE PUBLIC WORKS DEPARTMENT
PUBLISH DATE: SATURDAY, OCTOBER 20,2007
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, OCTOBER 18,2007
ORDERED BY: RANDI JOHL
CITY CLERK
JE IFER M. HEMRIN, GMC
n 1 -'TY CITYtCLERK
CYNTHIA MURPHY
ADMINISTRATIVE CLERK
Faxed to the Sentinel at 369-1084 at Xqb (time) on date) (pages)
LNS Phoned to confirm receipt of all pages at (time) JLT JVP (initials)
form Wvins.doe
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS AND TO
CONFIRM THE REPORTAS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT
On Friday, October 19, 2007, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing to consider Report for Sidewalk Repairs and to confirm the
Report as submitted by the Public Works Department (attached and marked as
Exhibit A) was posted at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
declare under penalty of perjury that the foregoing is true and correct.
Executed on October 19, 2007, at Lodi, California.
11
J IFER PERRIN, CMC
DEPUTY CITif CLERK
N:1Administration\cLExKXForms\DECPosTPw.Doc
ORDERED BY:
RANDIJOHL
CITY CLERK
CYNTHIA MURPHY
ADMINISTRATIVE CLERK
DECLARATION OF MAILING
PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS AND TO CONFIRM
THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT
On Thursday, October 18, 2007, in the City of Lodi, San Joaquin County, California, I deposited
in the United States mail, envelopes with first-class postage prepaid thereon, containing Notice
of Public Hearing to consider Report for Sidewalk Repairs and to confirm the Report as
submitted by the Public Works Department, attached hereto Marked Exhibit A. The mailing list
for said matter is attached hereto, marked Exhibit B.
There is a regular daily communication by mail between the City of Lodi, California, and the
places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 18, 2007, at Lodi, California.
NIFER . PERRIN, CMC
DEPUTY CITY CLERK
Formsldeemail.doe
ORDERED BY:
RANDIJOHL
CITY CLERK, CITY OF LODI
CYNTHIA MURPHY
ADMINISTRATIVE CLERK
CITY OF LODI
Carnegie Forum
* • 305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: November 7,2007
Time: 7:00 p.m.
For information regarding this notice please contact:
Randi Johl,
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
EXHIBIT A
NOTICE IS HEREBY GIVEN that on Wednesday, November 7, 2007, 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, 305 West Pine
Street, Lodi, to consider the following matter:
a) Report for Sidewalk Repairs and to confirm the Report as submitted by
the Public Works Department.
Information regarding this item may be obtained in the Public Works
Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons
are invited to present their views and comments on this matter. Written
statements may be filed with the City Clerk, City Hall, 221 West Pine Street,
2"d Floor, Lodi, 95240, 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 close of the public hearing.
In
der of the Lodi City Council:
ohl
City Clerk
Dated: October 17,2007
Approved as to form:
D. Stephen Schwabauer
City Attorney
CLEAK\PUBHEARWOTICESWotPW.doc 10/1M
:EXHIBIT -Bl
PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS
AND TO CONFIRM THE REPORT AS SUBMITTED BY THE
PUBLIC WORKS DEPARTMENT
MAILING LIST
FernandoAlmeida
121 Olive Court
Lodi, CA 95240
CITY COUNCIL
BOBJOHNSON, Mayor
JOANNE L. MOUNCE
Mayor Pro Tempore
LARRY D. HANSEN
SUSAN HITCHCOCK
PHIL KATZAKIAN
FernandoAlmeida
121 Olive Court
Lodi, CA 95240
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAILwdept@lodi.gov
http:\Nwww.i di.gov
November2,2007
BLAIR KING
City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
RICHARD C. PRIMA, JR
Public Works Director
SUBJECT: Public Hearing to Consider Report for Sidewalk Repairs and to Confirm the Report
as Submitted by the Public Works Department
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, November 7, 2007. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
The Council will conduct a public hearing on this item. You are welcome to attend and
speak at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe letterto City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at 333-6702.
If you have any questions about the item itself, please call George Bradley, Streets and
Drainage Manager, at 333-6740.
`9 •
� '4'� �-
Richard C. Prima, Jr.
r. : Public Works Director
RCPlpmf
Enclosure
cc: City Clerk
NPH_SIDEWALKREPAIRSREPORT. DOC
CITY COUNCIL
JOANNE MOUNCE, Mayor
LARRY 0. HANSEN,
Mayor Pro Tempore
SUSAN HITCHCOCK
BOB JOHNSON
PHIL KATZAKIAN
NOTICE OF LIEN
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET I P.O. BOX 3006
LOOI, CALIFORNIA 95241-1910
TELEPHONE (209) 333-6706 / FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http://www.lodi.gov
BLAIR KING,
City Manager
RANDI JOHL,
City Clerk
D. STEPHEN SCHWABAUER.
City Attorney
F. WALLY SANDELIN
Public Works Director
Pursuant to the authority vested in me by the Improvement Act of 1911, 1 did, on the
23`d day of July, 2007, cause the sidewalk, curb, or park or parking strip, bulkheads,
retaining walls, or other works (as the case may be) in front of the real property
hereinafter described, to be repaired and improved, and the legislative body of the City of
Lodi did, on the seventh day of November, 2007 assess the cost of such repair upon the
real property hereinafter described, and the same has not been paid nor any part thereof,
and the City of Lodi, does hereby claim a lien on said real property in the sum of five
thousand five hundred sixty-six dollars and twelve cents ($5,566.12), and the same shall
be a lien upon said real property until the said sum, with interest at the rate of 3.11
percent per annum, from the said seventh day of November, 2007, has been paid in full
and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed, is that
certain piece or parcel of land lying and being in the City of Lodi the county of San
Joaquin, State of California, and particularly described as follows:
Lot 12 as the same is delineated and so designated upon that certain Map
entitled "Subdivision of J.W. Brier Land, it being part of Ayres and Pitchers
Addition, City of Lodi, California", filed for record December 8, 1914 at 1:45 p.m.
and recorded in book of Maps, Vol. 8, Page 34, San Joaquin County Records.
Commonly known as: 121 Olive Court, Lodi, CA 95240
Dated t is seventeenth day of July, 2008 City of o
By
Ze /eM. Bradley, Superintendent of Streets Randi Johl, City Clerk