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Home My WebLink AboutAgenda Report - April 20, 2005 E-17 PHAGENDA ITEM E.107 CITY OF LODI COUNCIL COMMUNICATION u AGENDA TITLE: Set Public Hearing for May 18,2005, to Consider Objections or Protests to the Cost of Repairs Reportfor Sidewalk Repairs at 633 Holly Drive and to Confirm Report as Submitted by the Superintendent of Streets MEETING DATE: April 20,2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council set a public hearing for May 18, 2005, to consider objections or protests to the cost of repairs report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. BACKGROUND INFORMATION: As part of the City's sidewalk upgrade program, the property owners at 633 Holly Drive were notified in October of 2003 of the dangerous condition of sidewalk fronting their property. They were given four notices over a five-month period. They did not make the repairs and the City's contractor repaired the sidewalk. Street and Highways 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. The City's costs to repair the sidewalk were: Labor and equipment by City forces to remove concrete: $257.46 Contracted Services to install concrete plus 15 percent mark-up: $258.75 Administration/Permit at 25 percent: $129.05 Total $645.26 The Streets and Highways Code has several alternatives for collection of the cost of repairs if property owners do not pay. Those are: a) file a notice of lien which could take years to collect (Streets and Highways Code Section 5627); b) order the notice of lien be turned over to the Tax Collector to be collected with the next year's property taxes (Streets and Highways Code Section 5628); c) collect the cost in annual payments not to exceed five years. These payments would include interest, with the rate being set by the legislative body. Previously (by Resolution No. 90-35), 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. Staff will follow this process unless changed by the Council. After the public hearing, the Council confirm the cost of repairs report and method of payment, assess the cost of repairs to the affected property and order the preparation of a notice of lien to be filed with the Tax Collector if, after being billed, the property owner does not pay the bill within five (5) days. FISCAL IMPACT: $645.26 could be lost to the General Fund depending on Council's action FUNDING AVAILABLE: None required. w Richard C. Prima, Jr. t Public Works Director Prepared by George M. Bradley. Street Superintendent Attachment RCP/GM81dsg APPROVED: Blair Ki6, City Manager 1C0UNCIL1051CCSetPH633Hol1yQr doc 4/13/2005 RESOLUTION NO. 90-35 A RESOLUTION OF THE LODI CITY COUNCIL DETERMINING THE METHOD OF COLLECTION OF SIDEWALK REPAIR COSTS TO BE PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 5628 WHEREAS, the City of Lodi has an ongoing program of sidewalk maintenance which may necessitate that repairs or replacement of sidewalks be made, which costs must be borne by the individual property owners; NOW THEREFORE BE IT RESOLVED, by the Lodi City Council that the method of collection of costs for sidewalk replacement or repairs for the maintenance of sidewalks if that bill is not paid within five days of the billing shall be pursuant to Streets and Highways Code Section 5628, as follows: THE LODI CITY COUNCIL HEREBY ORDERS that the Notices of Lien shall be turned over to the San Joaquin County Tax Collector. The Tax Collector shall collect the costs of the sidewalk replacement or repairs with the next year's property tax, and if the costs are not paid with the next year's property taxes, it shall become delinquent and shall be handled in the same manner as other delinquent property taxes. Dated: March 7, 1990 I hereby certify that Resolution No. 90-35 was passed and adopted by the Lodi City Council in a regular meeting held March 7, 1990 by the following vote: Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and Snider (Mayor) Noes: Council Members - None Absent: Council Members None Alice M, Reimche City Clerk YO -35 RE59035JTXTA.01V CITY OF LODI (ID Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: May 18,2005 Time: 7:00 p.m. For information regardingthis notice please contact: Susan J. Blackston City Clerk Telephone: (209) 3336702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, May 18, 2005, 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 considerthe following matter: a) objections or proteststo the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. Information regardingthis item may be obtained in the office of the Public Works Department, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements maybe filed with the City Clerk at anytime 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 priorto the Public Hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: April 20,2005 Approved as to form: D. Stephen Schwabauer City Attorney N.\AdninisSradonlCLERKOJOHEAR1 OTK)Eg")q n.doe 4n" DECLARATION OF POSTING SET PUBLIC HEARING FOR MAY 18,2005, TO CONSIDER OBJECTIONS OR PROTESTS TO THE COST OF REPAIRS REPORT FOR SIDEWALK REPAIRS AT 633 HOLLY DRIVE AND TO CONFIRM REPORT AS SUBMITTED BY THE SUPERINTENDENT OF STREETS On Friday, April 22, 2005, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider objections or protests to the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets, (attached hereto, marked Exhibit "A) , was posted at the following four 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 April 22, 2005, at Lodi, California Kari J. U ick Administr tive Clerk N:1Administration\CLERKIKJCIDECPOST3.DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk DECLARATION OF MAILING SET PUBLIC HEARING FOR MAY 18, 2005, TO CONSIDER OBJECTIONS OR PROTESTS TO THE COST OF REPAIRS REPORT FOR SIDEWALK REPAIRS AT 633 HOLLY DRIVE AND TO CONFIRM REPORT AS SUBMITTED BY THE SUPERINTENDENT OF STREETS On April 22, 2005, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, an envelope with certified postage prepaid thereon, containing a notice to set public hearing for May 18, 2005, to consider objections or protests to the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets, marked Exhibit "A; said envelopes were addressed as is more particularly shown on Exhibit"S" attached hereto. 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 penaltyof perjurythat the foregoing is true and correct. Executed on April 22, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KART ADWICK ADMIMsTRATIVE CLERK N:\Adriiinistration\CLERKWJMECMAIL-DOC ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK a i 3--aaEF CT' Ln C Er 10— Postage $ .3'7 M Gentled Fee ) v c [ C) ED Return Reciept Fee (Endorsement Required) Postmark Here r-3 Restricted Delivery Fee (Endorsement Required) r -i M Total Postage & Fees s M C-3 C7 � Sem 70 �C_if S°trBgF71ji1 1Go.: � ............... I or PO Box No. ---•- ----t-- 4 �,� �f( = a City, State, ZIP+4 --......-- _ / -- --------- a NOTICE OF PUBLIC HEARING LODI CITY COUNCIL 221 W. PINE STREET, LODI, 95240 --TELEPHONE 333-6702 DATE: Wednesday, May 18,2005 TIME: 7:00 p.m., or as soon thereafter as the matter can be heard PLACE: Carnegie Forum, 305 West Pine Street, Lodi SUBJECT: To consider objections or protests to the Cost of Repairs Report for sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. (For additional information SEEATTACHED COUNCIL COMMUNICATION dated 04/20/05) INFORMATION REGARDINGTHIS MATTER MAYBE OBTAINED IN THE OFFICE OF THE PUBLICWORKS DEPARTMENT, 221 W. PINES T., LODI. WRITTEN STATEMENTS MAYBE FILED WITH THE CITY CLERK, 221 W. PINEST., 2N° FLOOR, LODI, ATANY TIME PRIOR TO THE HEARING SCHEDULED HEREIN, AND ORAL STATEMENTS MAY BE MADE AT SAID HEARING. ALL PROCEEDINGS BEFORE THE CITY COUNCIL ARE CONDUCTED IN ENGLISH. THE CITY OF LODI DOES NOT FURNISH INTERPRETERS, AND, IF ONE IS NEEDED, IT SHALL BE THE RESPONSIBILITYOF THE PERSON NEEDING ONE. ANYONE WISHING TO BE HEARD ON THE ISSUE MAY APPEAR BEFORE THE CITY COUNCIL AT THE TIME OF THE PUBLIC HEARING. IF YOU CHALLENGE THE PROPOSEDACTION IN COURT, YOU MAYBE LIMITED TO RAISING ONLY THOSE ISSUESYOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVEREDTO THE CITYCLERKICITY COUNCILAT, OR PRIORTO, THE PUBLIC HEARING. Date Mailed: April 21,2005 Certified Mail & Regular Delivery TO: Larry and Andra Thompson 633 Holly Drive Lodi, CA 95240 SUSAN J. BLACKS CITY CLERK OF THE QTY OF LODI CAL{FORN�Q . A v ; � v' a * .o AGENDA ITEM E.%*7 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Set Public Hearing for May 18,2005, to Consider Objections or Protests to the Cost cf Repairs Report for Sidewalk Repairs at 633 Holly Drive and to Confirm Report as Submitted by the Superintendent cf Streets MEETING DATE: April 20,2005 PREPARED BY: Public Works Director RECOMMENDEDACTION: That the City Council set a public hearing for May 18,2005, to consider objections or protests to the cost of repairs reportfor sidewalk repairs at 633 Holly Drive and to confirm report as submitted by the Superintendent of Streets. BACKGROUND INFORMATION: As part of the City's sidewalk upgrade program, the property owners at 633 Holly Drive were notified in October of 2003 of the dangerous condition of sidewalk fronting their property. They were given four notices over a five-month period. They did not make the repairs and the City's contractor repaired the sidewalk. Street and Highways 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. The City's costs to repair the sidewalk were: Labor and equipment by City forces to remove concrete: $257.46 go Contracted Services to install concrete plus 15 percent mark-up: $258.75 Administration/Permit at 25 percent: $129.05 Total $645.26 The Streets and Highways Code has several alternatives for collection of the cost of repairs if property owners do not pay. Those are: a) file a notice of lien which could take years to collect (Streetsand Highways Code Section 5627); b) order the notice of lien be turned over to the Tax Collectorto be collected with the next year's propertytaxes (Streets and Highways Code Section 5628); c) collect the cost in annual payments notto exceed five years. These payments would include interest, with the rate being set by the legislative body. Previously (by Resolution No. 90-35), the Council determined that the collection method for cost of repairs to sidewalks would be to tum a notice of lien over to the Tax Collector. Staff will follow this process unless changed bythe Council. After the public hearing, the Council confirm the cost of repairs report and method d payment, assess the cost of repairs to the affected property and order the preparation of a notice of lien to be filed with the Tax Collector if, after being billed, the property owner does not pay the bill within five (5) days. FISCAL IMPACT: $645.26 could be lost to the General Fund depending on Council's action. FUNDING AVAILABLE: None required. .ti y Richard C. Prima, Jr. Public Works Director Prepared by George M. Bradley,Street Superintendent Attachment RGPIGMBIdsfl APPROVED: Blair K)rrig, City Manager J:ICOLW_1L1091L'CSa H833HaRyDr.doc 4113/2005 • a RESOLUTION NO. 90-35 A RESOLUTION OF THE LODI CITY COUNCIL DETERMINING THE METHOD OF COLLECTION OF SIDEWALK REPAIR COSTS TO BE PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 5628 WHEREAS, the City of Lodi has an ongoing program of sidewalk maintenance which may necessitate that repairs or replacement of sidewalks be made, which costs must be borne by the individual property owners; NOW THEREFORE BE IT RESOLVED, by the Lodi City Council that t h e method of collection of costs for sidewalk replacement or repairs for the maintenance of sidewalks ifthat bill is not paid within five days of the billing shall be pursuant to Streets and Highways Code Section 5628, as follows: THE LODI CITY COUNCIL HEREBY ORDERS that the Notices of Lien shall be turned over to the San Joaquin County Tax Collector. The Tax Collector shall collect the costs of the sidewalk replacement or repairs with the next year's property tax, and ifthe costs are not paid with the next year's property taxes, it shall become delinquent and shall be handled in the same manner as other delinquent property taxes. Oated: March 7, 1990 mza=ac==a=s=x=�zaR==atsaaz==axs=ansa.s:aa=aaa==ac=sr===�axacnars;^r=apt=z I hereby certify that Resolution No. 90-35 was passed and adopted by the Lodi City Council in a regular meeting held March 7, 1990 by the following vote: Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and Snider (Mayor) Noes: Council Members - None Absent: Council Members - None RES9035/TXTA.OIV Alice M. Reimche City Clerk 90-35 lf'f„„il,,,,�l,rlfflt,,,�'�flr„ilttt'tt},l,i,,,l,ft„S'�� JV t4n owL.oe” Ilujoilluo `I.Po'1 900E x09 'od Xeego, quid ISOM 2Z 1leH 40 mien h Ipo-10u11Q WWl- ILL() prdR 111 " aseald uapuas . 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