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HomeMy WebLinkAboutAgenda Report - March 22, 1989 PH (4)TO: City Council FROM : City Manager COUNCIL COMMUNICATION MEEIM DATE: March 22, 1989 AGENDA TITLE: Public Hearing to Accept Cost of Construction Report and Hear Objections from Pioperty Owners Liable to be Assessed for Installation of Sidewalk at 1000 South Hutchins Street RECOMMENDED ACTION: That the City Council do the following 1. Receive and confirm the attached cost of construction report; 2. Hear objections or protests from property owners liable to be assessed for trz installation of sidewalk; 3. If objections are overruled, adopt a resolution confirming the cost of construction report and confirming the assessment against the real property ; 4. Order preparati on o -t a Notice of Lien and determine how i t wi 11 be f i ed if assessment i s not paid within five days. BACKGROUND INFOPMATION: There was one parcel within the Hutchins Street/ Rimby Street to Vine Street project limits that did not have sidewalks. During the construction of this project, that property owner was ncti pied that sidewalk must be installed. The property owner did not install the sidewalk, and after the time prescribed in the Streets and Highways Code, the City notified its contractor to do that work. The work has been completed, and the code requires that the legislative body spt a time and place to accept the cost of construction report and hear objections which may be raised by the property owner, who is liable for the construction. After the cost of construction report is confirmea by the Council, the property owner will be billed. If the bill is, not paid within five days, the Council must decide how the cost of the installation will be collected. The following alternatives are listed in the Streets and Highways Code as the means to collect these costs: 1. File a Notice of Lien on the property (Streets and Highways Code §5890). This lien is filed with the County Recorder and remains on the property until it is paid or until the City files an Action to Foreclose. With this alternative, it could be years before the City collects. i��8Ei4�lEs: F1 c NO. THOMAS A. PETERS IV, Uty_-Manac�er� rch i. 1989 ate` City Council 1000 South Hutchins March 22, 1989 Page 2- 2. 2. Order the Notice of Lien to be turned over to the tax collector (Streets and Highways Code §5893). The tax collector would collect the amount with the next year's property tax, and if it is not paid with next year's taxes, it would become delinquent and be handled the same as other delinquent property taxes. This is the way street light assessment districts are handled. 3. Under Streets and Highways Code §5895, determine that the cost can be paid in annual installments, not to exceed ten years. Interest not exceeding 7% per annum may be charged. This does not, by itself, `< create a lien on the property. It is staff's recommendation that the City turn the Notice of Lien over to the tax collector to be collected with the next year's property --tax, if the property owner has not paid within the required time. This method would be consistent with how the City now collects on street lighting districts. ()IabliW8vhskDirector Works mt Attachment cc: Don Kintrr CSIDEWI3/TXTW.02M Mar -h 7, 1989 CITY COUNCIL JAMESW. PINKERTON. Jr.. Mayor JOHNR (Randy?SNIDER Mayor Pro Tempore DAVID M HINCY..' -%N EVELYN IVL GLS aN FRED M.REID TO: City Council CITY HALL. 221 WEST PINE STREET CALL SOX 3006 LODI. CALIFORNIA 95241-1910 (209) 334-5634 TELECOPIER :[209) 333-6795 REPORT OF COSTS INSTALLATION OF SIDEWALKS CITY OF LODI SAN JOAQUIN COUNTY CALIFORNIA THOMAS A. PETERSON City Manager ALICE M KEIMCHE City Clerk BOB MINA T T City Aztorney Pursuant to the requirement of Chapter 27 of the Streets and Highways Code of the State of California, I hereby certify that the following costs were incurred by the City of Lodi to install sidewalk at the following property: Owner Address Assessor's Parcel Cost Donald H. Kinter 1000 S. Hutchins Street 045-110-29 $1,378.65 /'Jack 1... Ronsko Superintendent of Streets City o� Lodi Filed this day of %h! 1980, in the office of the City C14rk of Lodi', California rh Alice eimche City Clerk SBI jmr LCCSIDWKjTX1W.Oi2 LEGAL NOTICE NOTICE OF CONTINUED PUBLIC HEARING BY THE LODI CITY COUNCIL CALLED HJRSUANT TO THE STATE OF CALIFORNIA STREETS AND H1VAY CODE TO RECEIVE THE COST OF OONSTRUCIION REPORT AND TO HEAR OBJECTIONS OR PROTESIS FROM PROPERTY OWNERS LIABLE TO BE ASSESSED FOR THE COST OF SUCH OONSTRUCIION AT 1000 SOUTH HUTCH I NS STREET, LODI, CALIFORNIA WHEREAS, the State of California Streets and Highway Code provides that the City Council set a Public Hearing to accept the Cost of Construction Report and to hear objections or protests from property owners liable to be assessed for the cost of such construction at 1000 South Hutchins Street, Lodi, California. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi will conduct a continued public hearing to accept the Cost of Construction Report and to hear objections or protest from property owners 'liable to be assessed for the cost of such construction at 1000 South Hutchins Street, Lodi, to be held at 7:30 p.m. on March 22, 1989 in the Chambers of the Lodi City Council at 221 Nest Pine Street, Lodi, California. Information regarding this matter may be obtained in the Office of the City Clerk at 221 West Pine Street, todi, California. All interested persons are invited to present their views and comments on this matter. All objections or protests to the proposed action must be presented in writing to the City Clerk on or before the date and time set for the hearing of this matter as specified above. Failure to file a written protest in the time, place and manner specified may result in such protest or objection not being considered by the City Council. 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 public hearing. Dated: March 16, 1989 By Order of the Lodi City Council Alice M. Reimche City Clerk CITY COUNCIL JAMESW. PINKERTON. Jr.. Mayor JOHN R (Randy) SNIDER Mayor Pro Tempore DAVID M, HINCHMAN EVELYN M. OLSGN FRED M. REID TTY OF TAD) D T CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1910 (209} 334-5634 TELECOPIER : (209) 333-6795 March 13, 1989 Don Kinter 10.00 South Hutchins Street Lodi, CA 95240 THOMAS A. PETERSON City Manager AUCE,M. REIMCHE City Clerk BOB McJ,.,ATiT�, -Caty Attorney SUBJECT: Cost of Construction Report for Installation of Sidewalk at 1000 South Hutchins Street As mentioned in our notice of cost of construction letter dated March 1, 1989, enclosed i s a copy of the Council Co►fmunication discussing this item. You w i 11 note under Background Information that the City Council wi I I determine which of the three options listed in the Streets and Highways Code as a method of payment w i 11 be made. Also mentioned in the Maid► 1 letter, the Council meeting for Mardi 15 will be continued until Manch 22 but that cannot be done until the evening of the 15th. If you have questions, please contact we or Sharon Blaufus. Jac L. Ronsko Publ c Wclli<s Director JLR/SB/mt Enclosure LKINTER2/TXTW.02M LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL CALLED PURSUANT TO THE STATE OF CALIFORNIA STREETS AND HIGHWAY CODE TO RLCENE THE COST OF CONSTRUCTION REPORT AND TO HEAR OBICHONS OR PROTESTS FROM PROPERTY OWNERS LIABLE TO BE ASSESSED FOR THE COST OF SUCH CONSTRUCTION AT 1000 SOUTH HUTCHINS STREET, LODI , CALIFC M WHEREAS, the State of California Streets and Highway Code provides that the City Council set a Public Hearing to accept the Cost of Construction Report and to hear objections or protests from prcperty owners liable to be assessed for the cost of such construction at 1000 South Hutchins Street, Lodi, California. MOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby set a public hearing to accept the Cost of Construction Report and to hear abjections or protest from property owners liable to be assessed for the cost of such construction at 1000 South Hutchins Street, Lodi, to be held at 7:30 p.m. on March 15, 1989 in the Chambers of the Lodi City Council at 221 West Pine Street, Lodi, California. Information regarding this matter may be oht-ined in the Office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their vie -as and comments on this matter. All objecticns or protests to the proposed action must be presented in writing to the City Clerk on or before the date and time set for the hearing of this matter as specified above. Failure to file a written protest in the time, place and manner specified may result in such protest or objection not being considered by the City Council. 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 corresponde�ice delivered to - the City Clerk, 221 t4est Pine Street, at or prior to, the public hearing. Dated: February 15, 1989 By Order of the Lodi City Counci i Alice M. Re mche City Clerk DECLARATION OF MAILING On March 2, 1989, in the City of Lodi, San Joaquin County, California, I, Jennifer M. Robison, Administrative Clerk II, of the City of Lodi, served a copy of the attached notice by mailing a copy in the United States mail, postage prepaid, addressed to: Donald H. Kinter 1000 S. Hutchins Street Lodi, CA 95242 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 2, 1989, at Lodi, California. DECLARATION OF POSTING On March 2, 1989, in the City of Lodi, San Joaquin County, California, I, Mark White, Engineering Assistant of the City of Lodi, served a copy of the attached notice by posting a copy upon the premises at 1000 S. Hutchins Street, Lodi, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 2, 1989, at Lodi, California. Signatuyt DECHUTCH/TXTW.01J CITY.000NCIL JAMES W. PINKEKTON. Jr.. Mayor JOHNR. (Randy) SNIDER Mayor Pro Tempore DAVID IVL HINCHMAN EVELYN M. OLSON FRED M. REED ! i f CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LOGI, CALIFORNIA 95241-1510 (209)334-5634 TELECONER :('109) 333-6395 March 24, 1989 CERTIFIED MAIL - RETURN RECEIPT THOMAS A PETERSON City Manager AEICE.M REIMCHE - City Clerk 606 McNATT ' City Attorney Donald H. Kinter 1001 South Hutchins Lodi, CA 95240 SUBJECT: Sidewalk Installation at 1000 South Hutchins Street At its meeting of March 22, 1989, the City Council confirmed the' assessment against the real property for the sidewalk that was installed by the City at the front of your property. Enclosed i s a bill in the amount of $1,378.65. The Streets and Highways Code provides that the property owner be given five days in which to pay this assessment. If the bill is not paid within that tine, a notice of lien will be turned over to the Tax Collector, and this amount will be collected with your 1989-90 property taxes. If not paid, it will become di 1 i nquent and be handled the sane as other delinquent property taxes. If y�oA have any ues ions, you may contact the City Attorney at 333-6701. Jack L. Ronsko 9 Public Works Director JLR/SS/jmr Enclosure cc: City Clerk LKINTEP.2/TXTW.01,3 zc v RESOLUTION NO. 89-35 A RESOLUTION OF THE LODI CITY COUNCIL CONFIRMING THE 00517 OF CONSTRUCTION REPORT AND CONFIRMING THE ASSESSMENT AGAINST THE REAL PROPERTY FOR SIDEWALK CONSTRUCTION AT 1000 SOUIH HUTCH I NS STREET, L 0 D I, CALIFORNIA WIIFRFAS, the State of California Streets and Highways Code Section 5616 et seq. provides that the City Council set a public hearing to hear and pass upon the Cost of Construction Report (Exhibit A), filed with the City Council for sidewalk construction, and to hear objections or protests from property owners liable to be assessed for the cost of such construction at 1000 South Hutchins Street. i, California; and WHEREAS, on March 22, 1989, at an adjourned regular meeting of the Lodi City Council, a public hearing was held to hear and pass upon the Cost of Construction Report and to hear objections or protests from property owners liable to be assessed for the cost of such construction at 1000 South Hutchins Street, Lodi, California; and WIIFRFRFAS, no abjections or protests were raised by the property j owners liable to be assessed for the work of making such repair, nor from any other interested persons; and f WIIFRFRFAS, Str_ets and Highways Code Section 5616 et seq. provides that the property owner be given a five-day period after confirmation of the cost by the City Council in which to pay the assessment; NOW, THEREFORE, BE IT RESOLVED that the Cost of Construction Report and the assessme,it against the real property is hereby confirmed by the Lodi City Council. Dated: March 22, 1989 I hereby certify that Resolution No. 89-35 was passed and adopted by the City Council of the City of Lodi in an adjourned regular meeting held March 22, 1989 by the following vote: Ayes : Council Members - Hinchman, Olson, Reid, Snider and Pinkerton (Mayor) Noes : Council Members - None Absent: Council Members - None L c Alice M. Reimche City Clerk 89-35 CI i Y OF LODI (IT1' )i P.! ' 211 W FINE J1 CAI1. BOX 3(x)6 t0D1, CALIFORNIA 95241.1910 CITY CLERK Property Owner l000 South iiutchins Street. LA)di, CA 95240 CITY COUNCIL JAMES W. PINKERTON. Jr.. Mayor JOHN R (Randy) SNIDER Mayor Pro Tempore DAVID M HINCHMAN EVELYN M OLSON FRED M. REID February 14, 1989 Mr Glen I. Baumbach c/o Baumbach and Piazza Consulting Engineers 323 West Elm Street Lodi, CA 95240 Dear Glen: CITY HALL, 221 WEST PINE STREET CAU BOX 3006 LODI. CALIFORNIA 95241-1910 (209)334-5634 TELECOPIER (2091333-6795 RE: General Pian Amendment Rezoning 2414 West Vine Street and 1000 South Lower Sacramento Road THOMAS A. PETERSON CityManager ALICE M. REIMCHC City Clerk — - BOB MfNATT C i9ttorney 61 Y C(_:R!( Ji-l;i At its meeting of Monday, February 13, 1989 the Lodi City Planning Commission made the following reconmendations concerning the block bounded by West Vine Street; Interlaken Drive; St. Moritz Drive and Lower Sacramento Road (APN 027-040-40 and (APN 027-040-49) : 1. that the Land Use Element of the Lodi General Plan be amended by redesignating the south 127.7 feet of Parcels 1 and 2 as shown on Tentative Parcel Map 69 P 001 from Residential -Low Density to Office Institutional and the north 335 feet ± (Southwest corner of West Vine Street and Interlaken Drive) cf Parcel 3 of the Same map from Office Institutional to Residential -Low Density; 2. that the south 127.T feet of Parcels 1 and 2 as shown on Teotative Parcel Map 89 P 001 be rezoned from P -D(25) Planned Development District No. 25 to R -C -P, Residential -Commercial-Proifessional and to amend P -D(25) Planned Development District by reclassifying the north 335± feet of Parcel 3 of the same map to Residential -Single Family; and 3. that a Negative Declaration as filed by the Community Development Director be certified as adequate environmental documentation on the above projects. The reconmendations are beinq forwarded to the City Council. Alice K. Reimche, City Clerk, will infcrm you of the time and place of the Council ' s hearing on these matters. Sincerely, S B. SCHROEDER unity Development Director cc: A. Fred Baker Ronald B. Thomas City Clerk