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Home My WebLink AboutAgenda Report - July 6, 2011 C-16 PHAGENDA ITEM jQ CITY OF LODI .. ' COUNCIL COMMUNICATION Im AGENDA TITLE: Set Public Hearing for July 20, 2011, to Consider Reportfor Sidewalk Repairs and to Confirm the Report as Submitted by the PublicWorks Department MEETING DATE: July 6,2011 PREPARED BY: Public Works Director RECOMMENDED ACTION: Set public hearing for July 20, 2011 to considerthe Reportfor Sidewalk Repairs and to confirm the report as submitted by the Public Works Department. BACKGROUND INFORMATION: At the July 20, 2011 public hearing, Council will consider the Report for Sidewalk Repairs and hear protestsfrom the public. Following the public hearing, the Council will be asked to confirm the cost of repairs report, assess the cost of repairs to the affected property, and order the preparation of a Notice of Lien to be filed with the San Joaquin County Recorder's office. This year's report includes one propertywhere the City performed repairs that are the owner's obligations. As a part of the City's sidewalk maintenance program, the City notified the property owner on September 12, 2008 that her sidewalk at 1235 South PleasantAvenue needed to be repaired. Public Works staff granted several extensions to have the repairs completed and, as of March 2011, the work still had not been performed. The City's Curb, Gutter and Sidewalk Maintenance Policy, provides several alternatives for the cost of repairs. Those alternatives are: a) Citywill advance funds for installation or maintenance without interest if the property owner agrees to make payments over the course of 12 months and upon execution of a written payment agreement with 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 Recorder as appropriate to secure payment. The property owner received three notices over a one-year period that if she did not make the repairs, the City's contractorwould repairthe sidewalk. The work was completed in April 2011. 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 proteststhat may be raised by the propertyowner. Street Address cost Work Accomplished 1235 South PleasantAvenue $1,839.38 Failed to Perform. City completed repair; billed property owner. APPROVED: onradt Bartiam, City Manager KAWRCOUNCIL12011XSetPHSidewa1k 1235 S Pleasant.doc 612912011 Set Public Hearing for July 20, 201 1 #o Consider Reportfor sidewalk Repairs and to Confirm the Report as Submitted by the PublicWorks Department July 6, 2011 Page 2 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 San Joaquin County Recorder's office. To date, there have been eight properties that have had a Notice of Lien turned over to the San Joaquin County Recorder's office, three of which have been released after paymentwas received. It is staffs recommendation that this current practice continue and a Notice of Lien for the property be turned over to the San Joaquin County Recorder's office. FISCAL IMPACT: Placing liens on the propertieswill ensure that the Street Fund will be reimbursed $1,839.38 plus interest for the cost of repairingthe sidewalk. FUNDING AVAILABLE: None required. 4 " J")AAA:f-ff-- F. Wally S elm PublicWo►``(cs Director Prepared by RebeccaAreida-Yadav, ManagementAnalyst cc: Charles Swimley, Deputy PublicWorks Director Propertyowner, 1235S. PleasantAve Please immediately confirm receipt of thisfax 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, JULY 9,2011 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, JULY 7,201 1 ORDERED BY: RANDI JOHL CITY CLERK JONNIFER Q. ROBISON, CMC ASSISTANT CITY CLERK RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Faxed to the Sentinel at 369-1084 at (time) on (date) (pages) LNS Phoned to confirm receipt of all'pages of(time) _GF _MB _.,)MR (initials) fonns\advins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS AND TO CONFIRM THE REPORTAS SUBMITTED BY THE PUBLICWORKS DEPARTMENT On Friday, July 8, 2011, 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 I declare under penalty of perjury that the foregoing is true and correct. Executed on July 8, 2011, at Lodi, California. NIFER . ROBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTPW. DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING q��FOR� PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS AND TO CONFIRM THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT On Thursday, July 7, 2011, 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. declare under penalty of perjury that the foregoing is true and correct. Executed on July 7, 201 1 pt Lodi, California. NIFER W ROBISON, CMC A SISTANT CITY CLERK Forms/decmail.doc ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: July 20,2011 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl, City Clerk Telephone: (209) 333-6702 E Ir r• • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, July 20, 2011, 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, 2nd 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. Py-qder of the Lodi City Council: r I City Clerk Dated: July 6, 2011 roved as to form: D. Stephen Schwabauer City Attorney NlAdministrationlCLERKIPubHearINOTICESINotPW doe CLERKIPUBHEARINOTICESINotMdoc 716111 Public Hearing to Consider Reportfor Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department MAILING LIST Property Owner 1235 S. PleasantAvenue Lodi, CA 95240