Loading...
HomeMy WebLinkAboutAgenda Report - April 16, 2008 I-01 PHAGENDA ITEMr hm CITY OF LODI COUNCIL COMMUNICATION M AGENDA TITLE: Public Hearing to Consider the Annual Reportfor Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department MEETING DATE: April 16,2008 PREPARED BY: Public Works Director RECOMMENDED ACTION: Conduct a public hearing to consider the Annual Report for Sidewalk Repairs and to confirm the Report as submitted by the Public Works Department. Followingthe public hearing, the Council will be asked to confirm the Report, determine method of payment, assess the cost of repairs to the affected properties, and order the preparation of a Notice of Lien to be filed with the tax collector. BACKGROUND INFORMATION: Streets and Highway Code Section 5616 requires that a public hearing be held to hear and approve the report of cost of repairs and to hear protests which may be raised by property owners. If necessary, property owners were given up to three repair notices over a three-month period. If repairs were not executed, then the City's contractorwould repair the sidewalk as needed. City of Lodi's Curb, Gutter & Sidewalk Maintenance Policy, adopted by Resolution 2005-218 on October 5, 2005, provides three alternatives for the cost of repairs. Those alternatives are: 1) City will 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; 2) 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 3) the City Manager is authorized to establish proceduresto implement this policy and execute payment agreements pertaining to this policy and file liens and assessments with the County Tax Collector and/or Recorder as appropriateto secure payment. In a continuing effort to improve the City's sidewalk system to encourage walking, improve safety by reducing the number of defects in the sidewalk, and reduce the City's liability exposure and cost, and in accordance with the City's sidewalk maintenance program, property owners with the worst sidewalk offsets, according to our sidewalk survey, were notified of their responsibilityto correct this condition. Some owners took care of the repairs immediately, some asked for assistance, and three owners did not perform the repairs as needed. This is the second annual reportfor sidewalk repairs. The first reportwas presented to Council on October 17, 2007. At that public hearing, Council directed the City Managerto cause a property lien to be filed with the County Tax Collector's Office for the propertythat did not perform the needed repairs. APPROVED: /--) BlaireM*,-tity Manager K:1WPICOUNCIL1081PHSidewalkRepairs doc 04/09/2008 Public Hearing to Consider the Annual Report for Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department April 16, 2008 Page 2 The following is a listing of the properties that received sidewalk repair notifications: Street Address Cost Estimate Work Accomplished 641 North Pacific Avenue $3,067.08 Property owner hired contractor. Work completed 11/30/07. 1800 Holly Drive $4,855.16 Property owner hired contractor. Work completed 1/22/08. 599 Sandpiper Circle $3,422.46 Property owner hired contractor. Work completed 11/9107. 944 South Crescent Avenue $1,639.63 Property owner hired contractor. Work completed 11130107. 1524 West Elm Street $5,041.72 Property owner hired contractor. Work completed 12/15107. 300 East Pine Street $2,679.16 Property owner hired contractor. Work completed 11130/07. 309 Westwood Avenue $6,635.39 Property owner hired contractor. Work completed 11130107. 1007 Black Diamond Way $356.15 Property owner hired contractor. Work completed 1116108. 1015 Black Diamond Way $318.45 Property owner hired contractor. Work completed 214/08. 729 Westwood Avenue $2,931.19 Property owner hired City. Work completed 1215107. 210 Cross Street $1,225.18 Property owner hired City.Work completed 11130108. 1606 South Church Street $4,096.70 Property owner hired City. Work com p leted 1118108. 314 La Setta Drive $3,970.71 Failed to perform. Courtesy Notice sent 1013107, Formal Notice sent 10124107, Second Formal Notice sent 1214107. City completed repairs, billed owner 1/15/08. 1518 West Elm Street $1,447.28 Failed to perform. Courtesy Notice sent 1118107, Formal Notice sent 1214107, Second Formal Notice sent 118108. City completed repairs, billed owner 2112108. 1512 West Elm Street $2301.15 Failed to perform. Courtesy Notice sent 1118107, Formal Notice sent 1214107, Second Formal Notice sent 118/08. City completed repairs, billed owner 2/12108. The property owner of 314 La Setta Drive was billed on January 15, 2008 for the $3,971 cost of repair; the property owner of 1518 West Elm Streetwas billed on February 12, 2008 for the $1,447 cost of repair; and the property owner of 1512 West Elm Street was billed on February 12, 2008 for the $2,301 cost of repair. As of this date, the three property owners have not responded. The total estimated cost for repairs to the above 15 properties was $43,987. Based on previous cases, the Council had 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 practice be continued. K:IWPICOUNCIL\08IPHSidewalkRepairs.doc 0410912008 Public Hearing to Consider the Annual Report for Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department April 16, 2008 Page 3 FISCAL IMPACT: Depending on Council's action, $7,719, which includes the City's administrative time, could be restored to the Street Fund. FUNDING AVAILABLE: An accounts receivablewill be created in the Street Fund that will retire as the payments are received from the property owners. ns, Budget Manager -Wo",u Ja4Ad� F. Wally Sedelin PublicWorks Director Prepared by George M. Bradley, Streets and Drainage Manager FWSIGMBIdsg cc: Property Owners (1512 West Elm Street, 1518 West Elm Street, 314 La Setta Drive) K1WPICOUNGILMTHSidewalkRepairs doc 0410912008 AGENDA ITEM r CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider the Annual Report for Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department (Revised) MEETING DATE: April 16,2008 PREPARED BY: Public Works Director RECOMMENDEDACTION: Conduct a public hearing to consider the Annual Report for Sidewalk Repairs and to confirm the Report as submitted by the Public Works Department. Following the public hearing, the Council will be asked to confirm the Report, determine method of payment, assess the cost of repairs to the affected properties, and order the preparation of a Notice of Lien to be filed with the tax collector. BACKGROUND INFORMATION: Streets and Highway Code Section 5616 requires that a public hearing be held to hear and approve the report of cost of repairs and to hear protests which may be raised by property owners. If necessary, property owners were given up to three repair notices over a three-month period. If repairs were not executed, then the City's contractorwould repair the sidewalk as needed. City of Lodi's Curb, Gutter & Sidewalk Maintenance Policy, adopted by Resolution 2005-218 on October 5, 2005, provides three alternatives for the cost of repairs. Those alternatives are: 1) City will 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; 2) 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 3) the City Manager is authorized to establish proceduresto implementthis policy and execute payment agreements pertaining to this policy and file liens and assessments with the County Tax Collectorandlor Recorderas appropriateto secure payment. In a continuing effortto improve the City's sidewalk system to encourage walking, improve safety by reducing the number of defects in the sidewalk, and reduce the City's liability exposure and cost, and in accordance with the City's sidewalk maintenance program, property owners with the worst sidewalk offsets, according to our sidewalk survey, were notified of their responsibilityto correct this condition. Some owners took care of the repairs immediately, some asked for assistance, and three owners did not perform the repairs as needed. This is the second annual reportfor sidewalk repairs. The first reportwas presented to Council on October 17, 2007. At that public hearing, Council directed the City Managerto cause a property lien to be filed with the County Tax Collector's Office for the property that did not perform the needed repairs. APPROVED: INEW Blair ' ity Manager K:1WPICOUNCIL1081PHSidewaikRepairsRev.doc 04115/2008 Public Hearing to Consider the Annual Report for Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department (Revised) April 16, 2008 Page 2 The following is a listing of the properties that received sidewalk repair notifications: Street Address Cost Estimate Work Accomplished 641 North Pacific Avenue $3,067.08 Property owner hired contractor.Work completed 11130107. 1800 Holly Drive $4,855.16 Property owner hired contractor. Work completed 1122108. 599 Sandpiper Circle $3,422.46 Property owner hired contractor. Work completed 1119107. 944 South Crescent Avenue $1,639.63 Property owner hired contractor. Work completed 11130107. 1524 West Elm Street $5,041.72 Property owner hired contractor. Work completed 12115107. 300 East Pine Street $2,679.16 Property owner hired contractor. Work completed 11130107. 309 Westwood Avenue $6,635.39 Property owner hired contractor. Work completed 11130107. 1007 Black Diamond Way $356.15 Property owner hired contractor. Work completed 1116108. 1015 Black Diamond Way $318.45 Property owner hired contractor. Work completed 214108. 729 Westwood Avenue $2,931.19 Property owner hired City. Work completed 1215107. 210 Cross Street $1,225.18 Property owner hired City. Work completed 11130108. 1606 South Church Street $4,096.70 Property owner hired City. Work completed 1118108. 314 La Setta Drive $3,970.71 Failed to perform. Courtesy Notice sent 1013107, Formal Notice sent 10124107, Second Formal Notice sent 1214107. City completed repairs, billed owner 1115108. Owner paid 3110108. $1,447.28 Failed to perform. Courtesy Notice sent 1518 West Elm Street 1118107, Formal Notice sent 12!4107, Second Formal Notice sent 118/08. City completed repairs, billed owner 2112108. $2,301.15 Failed to perform. Courtesy Notice sent 1512 West Elm Street 1118107, Formal Notice sent 1214107, Second Formal Notice sent 118108. City completed repairs, billed owner 2112108. The pr®peft owner of , 1518 West Elm Street was billed on February 12, 2008 for the $1,447 cost of repair; and the property owner of 1512 West Elm Street was billed on February 12, 2008 for the $2,301 cost of repair. As of this date, the thFee two property owners have not responded. The total estimated cost for repairs to the above 15 properties was $43,987 Based on previous cases, the Council had 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 practice be continued. K 1W P%COUNCIL108%PHSidewalkRepairsRev doc 0411512008 Public Hearing to Consider the Annual Report for Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department (Revised) April 16, 2008 Page 3 FISCAL IMPACT: Depending on Council's action, $7,749 $3,748, which includes the City's administrative time, could be restored to the Street Fund. FUNDING AVAILABLE: An accounts receivable will be created in the Street Fund that will retire as the payments are received from the property owners. Evans, Budget Manager — 4a2� F. Wally Sa elin Public Works Director Prepared by George M. Bradley, Streets and Drainage Manager FWSIGMBIdsg cc: Property Owners (1512 West Elm Street, 1518 West Elm Street, 34 4 6a Saga D K 1W PICOUNC]LkO81PHSidewaikRepairsRev.doc 0411512008 Please immediately confirm receipt of this by calling 333-670 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER ANNUAL REPORT FOR SIDEWALK REPAIRS AND TO CONFIRM THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT PUBLISH DATE: SATURDAY, APRIL 5,2008 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: DATED: THURSDAY, APRIL 3,2008 ORDERED BY: RANDI JOHL CITY CLERK J IFER M. ERRIN, CMC D UTY CITY CLERK formsladvins.doc RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK €}/'► -I €, y€ ti4F {�F DECLARATION OF POSTING PUBLIC HEARING NOTICE TO CONSIDER ANNUAL REPORT FOR SIDEWALK REPAIRS AND TO CONFIRM THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT On Friday, April 4, 2008, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider Annual 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 April 4, 2008, at Lodi, California. JEUNIFER MI. PERRIN. CMC DEPUTYCITY CLERK' N:\Administration\CLERKTorms\DECPOSTPWI.DOC ORDERED BY: RANDI JOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING PUBLIC HEARING NOTICE TO CONSIDER ANNUAL REPORT FOR SIDEWALK REPAIRS AND TO CONFIRM THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT On Thursday, April 3, 2008, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of Public Hearing to consider Annual 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 April 3, 2008, at Lodi, California. Q)a'"',U JE6VIFER M PERRIN, CMC DEPUTY CITY CLERK N:1Administration\CLERK1Po=\DECMAU,PW 1.DOC ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK Ee, CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: April 16, 2008 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 S HEREBY GIVEN that on Wednesday, April 16, 2008, 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) Annual 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 W. 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. By Order of the Lodi City Council: �Jngi �Mr Deputy City Clerk Dated: April 3,2008 Approved as to form: D. Stephen Schwabauer City Attorney CLERi0PUBHEARW0TICESW0tpw1.doc VMS EXHIBIT B PUBLIC HEARINGTO CONSIDER THE ANNUAL REPORT FOR SIDEWALK REPAIRS AND TO CONFIRM THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT Mailing List Elizabeth Castillo 1512 W. Elm Street Lodi. CA 95242 Leona Miller 3102 Hermitage Road Pebble Beach, CA 93953 Garry Wilson 1518 W. Elm Street Lodi. CA 95242 N:Udministration\CLERK\PubHearU"ILS714208.doc CITY COUNCIL JOANNE L. MOUNCE. Mayor LARRY O. HANSEN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON PHIL KATZAKIAN Elizabeth Castillo 1512 W. Elm Street Lodi, CA 95242 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 EMAIL pwdept@lodi.gov http:\\www.lodi.gov April 11, 2008 BLAIR KING City Manager RANDIJOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director Leona Miller Garry Wilson 3102 Hermitage Road 1518 W. Elm Street Pebble Beach, CA 93953 Lodi, CA 95242 SUBJECT: Public Hearing to Consider the Annual 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, April 16, 2008. 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 (209) 333-6702. If you have any questions about the item itself, please call George Bradley, Streets and Drainage Manager, at (209) 333-6740. 1 �' ��- -1 ' F. Wally Sandelin Y Public Works Director RCPlpmf Enclosure cc: City Clerk NPHSIDEWALKREPAIRS.DOC