HomeMy WebLinkAboutAgenda Report - March 3, 2010 H-01 PHAGENDA ITEM Vidw 1
&% CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to Consider Report for Sidewalk Repairs and to Confirm the Report
as Submitted by the Public Works Department
MEETING DATE: March 3, 2010
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Conduct a public hearing to consider the Report for Sidewalk
Repairs and to confirm the report as submitted by the PublicWorks
Department.
BACKGROUND INFORMATION: At the 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. Last year, the City paid claims
totaling $30,500 for trip and falls.
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
appropriateto secure payment.
Property owners were provided 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 affected property owners.
The following is a list of the four propertiesthat received sidewalk repair notifications:
Street Address
Cost Estimate
Work Accomplished
1606 South School Street
$4,024
Property owner 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:
Blair King, Ci anager
K:\WP\COUNC IL120101PHSidewalkRepairs.doc
2/24/2010
Public Hearing to Consider Report for Sidewalk Repairs and to Confirm the Report as Submitted by the
Public Works Department
March 3, 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 paymentwas received. It is staffs recommendation that this current practice be
continued and Notices of Lien for the four properties be turned over to the Tax Collector.
FISCAL IMPACT: Placing liens on the propertieswill ensure that the Street Fund will be
reimbursed approximately $16,899 plus interestfor the cost of repairingthe
sidewalks. Repaired sidewalks avoid liability claims for trip and falls.
FUNDING AVAILABLE: None required.
'j, .. J'/). '/. /.
F. Wally S ndelin
PublicWorks Director
Prepared by RebeccaAreida-Yadav, ManagementAnalyst
FWS/RAY/pmf
cc: Assistant Streets and Drainage Manager
K:\WP\COUNCIL\2010\PHSidewalkRepairs.doc 2/24/2010
Pease immediately confirm receipt
c 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 CONFIRM THE REPORT AS SUBMITTED BY THE
PUBLIC WORKS DEPARTMENT
PUBLISH DATE: SATURDAY, FEBRUARY20,2010
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
1—�
J41411FER M OBISON, CM
ASSISTANT ITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
Faxed to the Sentinel at 369-1084 at (time) on (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) CF MB JMR (initials)
formsladvins doc
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRS AND
CONFIRM THE REPORTAS 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
declare under penalty of perjurythat the foregoing is true and correct.
Executed on February 19, 2010, at Lodi, California.
J NITER BiSO . CMC
A18SISTANT CITY CLERK
N:lAdminishrationlCLERKTormsIDECPOS TP W.DOC
ORDERED BY.
RANDIJOHL
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
DECLARATION OF MAILING
PUBLIC HEARING TO CONSIDER REPORT FOR SIDEWALK REPAIRSAND CONFIRM
THE REPORT AS SUBMITTED BY THE 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 perjury that the foregoing is true and correct.
Executed on February 19, 2010, at Lodi, California.
R
JVNIFER M. B SON, C C
AS SISTANT CITY CLERK
Forms/decmaldoc
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.
information regarding this notice please contact:
Randi Johl,
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
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.
f the Lodi City Council:
City Clerk
Dated: February 17, 2010
Approved as to form:
D. Stephen Schwabauer
City Attorney
CLERMPUBHEARINOTICES1NotPlMdoc 2/18110
Mailing List for
Public Hearing to Consider Report for Sidewalk Repairs and to Confirm the Re
Submitted by the Public Works Department j%:H181T.B1
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