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Home My WebLink AboutAgenda Report - February 17, 2010 D-12 PHAGENDA ITEM 000 120 CITY OF LODI COUNCIL COMMUNICATION im AGENDA TITLE: Set Public Hearing for March 3, 2010, to Consider Report for Sidewalk Repairs and to Confirm the Report as Submitted by the PublicWorks Department MEETING DATE: February 17,2010 PREPARED BY: PublicWorks Director RECOMMENDED ACTION: Set a public hearing for March 3, 2010, to considerthe Reportfor Sidewalk Repairs and to confirm the report as submitted by the PublicWorks Department. BACKGROUND INFORMATION: At the March 3,2010 public hearing, Council will consider the Report for Sidewalk Repairs and hear protests from 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 properties, and order the preparation of a Notice of Lien to be filed with the tax collector. As a part of the City's sidewalk maintenance program, the City notified one property owner on October 2, 2007 and three property owners on April 17, 2008 that their sidewalks needed to be repaired. Three property owners did not perform and one property owner asked for assistance. The Curb, Gutter and 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 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. Property owners were given up to three notices over a two-month period. If they did not make the repairs, the City's contractor repaired the sidewalk. 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. Street Address Cost Estimate Work Accomplished 1606 South School Street $4,024 Propertyowner hired City. Work completed January 2008. Property owner paid City portion of cost $1,010 2013 Aspen Grove Drive $5,070 Failed to perform. City completed repair; billed property owner. 224 North Orange Street $3,591 Failed to perform. City completed repair; billed property owner. 831 Ehrhardt Drive $4,214 Failed to perform. City completed repair; billed property owner. APPROVED lair Kin Cit anager KAW P\COUNCIL\2010\SetPHSidewalkRepai rs.doc 2/8/2010 Set Public Hearing for March 3, 2010, to Consider Report for Sidewalk Repairs and to Confirm the Report as Submitted by the Public Works Department February 17,2010 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 Tax Collector. To date, there have been four properties that have had a Notice of Lien turned over to the Tax Collector, one of which was released January 16, 2009 after payment was received. It is staffs recommendationthat this current practice be continued and Notice of Lien's for the four properties be turned over to the Tax Collector. FISCAL IMPACT: Placing liens on the properties will ensure that the Street Fund will be reimbursed approximately $16,899 plus interest for the cost of repairing the sidewalks. FUNDING AVAILABLE: None required. F. Wally Sdfifdelin PublicWorks Director Prepared by RebeccaAreida-Yadav, Management Analyst FWS/RAY/pmf cc: Streets and Drainage Superintendent K:\WP\COUNCIL\2010\SetPHSidewalkRepairs.doc 2/8/2010 �yOF4 0 Please immediately confirm receipt of 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 CONFIRM THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT PUBLISH DATE: SATURDAY, FEBRUARY 20,2010 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, FEBRUARY 18,2010 ORDERED BY: RANDI JOHL CITY CLERK J04NIFER- q ROBIS N, CMC ASSISTANT CITY CLERK 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) L"NS- °� �.___Phone� fo confi�rn"re"'ceiptif"all p2gesat (time) F'_MB_JMR(initialsp fomiAadvins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS AND CONFIRM THE REPORT AS SUBMITTED BY THE PUBLIC WORKS DEPARTMENT On Friday, February 19, 2010, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider Report for Sidewalk Repairs and confirm the Report as submitted by the Public Works Department (attached and marked as ExhibitA) 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 February 19, 2010, at Lodi, California. rI I all I_� �� rl 1Wig wellivald"d N:\Administration\CLERK\Forms\DECPOSTP W.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS AND CONFIRM THE REPORTAS SUBMITTED BYTHE PUBLIC WORKS DEPARTMENT On Friday, February 19, 2010, 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 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 perjurythat the foregoing is true and correct. Executed on February 19, 2010, at Lodi, California. IN Q�)aA NNIFER 14 R013180N, CMC ASSISTANT 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: March 3,2010 Time: 7:00 p.m. For information regarding this notice please contact: Rand! Johl, City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING E XFiiitiT F+ NOTICE IS HEREBY GIVEN that on Wednesday, March 3, 2010, 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 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. ZIf the Lodi City Council: City Clerk Dated: February 17,2 010 Approved as to form: D. Stephen Schwabauer City Attorney CLERKTUBHEAR\NOTICESWotPWAoc 2/18110 Mailing List for Public Hearingto Consider Reportfor Sidewalk Repairs and to Confirm the Submitted by the Public Works Department i *ny"I II Situs Address Name Mailing Address 1606 S. School Street Parmjit Singh 1606 S School St Lodi CA 95240 2013 Aspen Grove Drive Howard Heinle 2013 Aspen Grove Dr Lodi CA 95240 224 N. Orange Avenue Diannia Martin PO Box 2268 Lodi CA 95241-2268 831 Ehrhardt Drive Paul Castro 831 Ehrhardt Dr Lodi CA 95240-4632