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Home My WebLink About07/16/1991, 1 - CONFIRMATION OF COSTS FOR SIDEWALK CONSTRUCTION CONDUCTED UNDER THE 1911 ACT iIIIN�WIIINIIIIInI�l�ll'nl� MffTINDATE W III Ip�ull Iull city or � B SlU�s � iSpo Jul 1 1 6 1991 COUNCIL AGENDA REPORT 1TEM NUMBER: FROM: David F. Romero, Public Works Director PREPARED BY: Dennis E. Cox, Streets Manage Tony Heller, Sidewalk Inspector SUBJECT: Confirmation of costs for sidewalk construction conducted under the 1911 Act CAO RECOMMENDATION: Adopt resolution confirming costs BACKGROUND: At its July 16, 1987 meeting, the City Council approved. Resolution No. 6031 (1986 Series) directing staff to proceed with curb, gutter and sidewalk improvements at various locations throughout the community, following the provisions of the 1911 Act. This work encompassed the following areas: Branch Street, Ferrini Road, Marsh Street, Chorro Street, Phillips Street (Park Street side) , and King Street (Branch Street side) . Many property owners installed the required improvements at their own expense; however, for those who had not made the installations, the City received bids and contracted to have the work done. This involved a total of seven properties in the area for an approximate cost of $14 , 151.24 . The provisions of the 1911 Act call for a public hearing by the legislative body to confirm the cost of the work. At this time, the Council may hear objections from the property owners and make adjustments to the proposed assessments as the Council feels are appropriate. Upon completion of the hearing, the Council should adopt a resolution confirming the costs and creating a lien against the properties. One property owner, Barbara Cegielski, who lives in Albuquerque, N.M. , was slow in responding to request a three year payment for property at 743 Caudill. Her request for a three year payment was received March 25, 1991, six days after the previous March 19, 1991, hearing. That assessment is not yet filed as a lien with the County and, as a convenience to the property owner, can be included with this group. The resolution reflects that change. In 1984, the City Council determined that assessments greater than $1, 000 which were required by the City under its own improvement ordinance, could be funded over a three year period at an interest rate not to exceed ten percent (10%) . At the time this ordinance was adopted, the Council indicated that it wished to have these provisions extended to the 1911 Act. The provisions of the 1911 Act, however, limit the interest rate to seven percent (7%) rather than the ten percent (10%) of the City ordinance. Therefore, staff has followed the seven percent (7%) interest rate allowed by the 1911 Act. Property owners were notified of this option prior to tonight' s meeting. The property owners who have requested the three year financing are shown on Exhibit B. L — � "'h'��ii►�v�lllllllpiN�IN city of San Lacs osIspo Hiis COUNCIL AGENDA REPORT Sidewalk construction Page 2 ALTERNATIVES: Alternative 1: Council may adopt the resolution confirming costs, thereby permitting the City to collect funds advanced for sidewalk construction which is the responsibility of the adjacent property owner. Alternative 2: Council may fail to adopt the resolution, thereby stopping the collection procedure with the ultimate loss of approximately $14, 151.24. FISCAL IMPACT: i Possible loss of $14 , 151.24 of funds advanced to pay contractors to conduct this work which is the responsibility of the property owners. RECOMMENDATION: I Staff recommends that Council, after hearing public testimony, make whatever adjustments it feels are appropriate for each individual ! property, adopt the resolution confirming costs and permitting unpaid costs to be turned over to the tax collector to be placed as a lien against the property and collected with the taxes. Attachments: Resolution Exhibits A & B Street Map Cegielski letter I I i I I I i sidecons.wp/th#1 dh C� RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF CURB, GUTTER AND SIDEWALKS CONSTRUCTED UNDER THE 1991 ACT AND AMENDING EXHIBIT "A" OF RESOLUTION NO. 6947 (1991 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. SECTION 2. That the hereinafter listed construction costs shall be paid within five (5) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the city taxes, and subject to the same penalties and costs if not paid on the first installment. The property owenrs, addresses and construction costs are shown on Exhibit "A" . SECTION 3 . If the assessment is $1, 000 or more, payment may be made in three annual installments at seven percent (7%) interest subject to all the curative clauses and powers of the 1911 Act. The property owners addresses and construction costs are shown in Exhibit "B" . Resolution No. 1991 Series SECTION 4 . Resolution No. 6947 (1991 Series) is hereby amended to remove S.J. and B.J. Cegielski at 743 Caudill from Exhibit "A" . On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1991. Mayor ATTEST: City Clerk APPROVED: f2� City Administrative Officer t tt rn rGL Finance Director Public Works Director siduonswp/th*1 dh 1 - � EXHIBIT A Locations of improvements, owners, costs Location Owner Cost 2065 Price Street H. H. & J. R. Brown $ 685. 00 2006 Chorro Street D. M. Bradbeer, et al. 1, 187 . 50 1043 Marsh Street E. L. Zanoli 1, 256. 25 367 Branch Street D. E. Weddle 2 , 150. 00 2150 King Street S.M.S. Co. 2 , 340. 00 (Branch St. side) c/o F. McNamara 1690 Phillips Street S. M. Kiggens, et al. 21410. 00 (Park Street side) 406 Ferrini Road W. C. Taylor 41122. 49 . a `1 i �o wp/ehit ah EXHIBIT B Owners requesting three year pay-off option S.J. and B.J. Cegeilski 743 Caudill $1270.00 a f 57PP*A sideconsmp/th#i dh :ws.OQ Ci Y 4 yrs I 9� 1 t•ICY11 : YY •��• 7i r rI 1•• � YOM 1 _ 4 wlr• �t ru, t. res Y Lw S 1 GAL POLY ` ' 9 I _ � S I� 1-YY Y w4MA - Y�IIw �• 1 i. - �^a • fOtefa - L•j � r • . ' c r 1 4 • •6r• .\ � I r �`_ � •Pr• Srr • 1, �§IA'�� ._ .. _ •C■ iS. / • 7 Chao S� 4 C •\ a Q r N(,tSGC L. +1 • �w• roYaYee_ r Y r �� .. •. ,a"!. t ■ I °S P sl Muck, m eCrO s a 3—� .I en 5 Y +•\ fVt MINA,VY a w V a • `�`S sm \ �C r• Ysl� ad O {Yb , a• � ry '. - .Q • �Y a null{ i Y 1 Ferrini Road 2 Park Street ` '`� °� • b' , b 4 i'4./ yt• O 3 Marsh Street O r 4 Morro Street 5 Price Street _ �` o` `}g, •'• .sta ``'O 6 Branch Street •1� sy,r ` ,•s, J 0� • N •:� 7 Branch Street cr : b••Cn YIY• _ • F• J••t �+ti 4 �'o 6 � s..a .. � ; Y+ + •, �r 'a< Vie• 4 _ i J of ti c .• $ In 1 •SIN[Ci :• 1� ,p\\Su • -I w' 'Y 1A` 4J �y ,� ••. ' amu q, •'� ,, '�r S •4 •. M 1••'•I•U i •n Y' i • ;�• tia �• • 4l• • OYCYII '•CI.O I i •`. 1 :i i S is •. 1 ,r• J 1 1 \•� •� r r r / \ 4•I •C • A Y March 20, 1991 Pam} -Voges, City Clerk City Hall P.. O. Box 8100 San Luis Obispo, CA 93403-8100 ATTENTION: Mr. Romero Gentlemen: Enclosed is my request to pay the city in three annual installments at seven percent for the improvemts constructed on 743 Caudill Street, San Luis Obispo. Please accept my apology for the tardiness of this request, but we have been out of town and I have not processed my paperwork here in a timely manner. Your kind consideration and favorable final action will be greatly appreciated. Sinc ely, /✓ems%ate e-' Barbara Cegie ski 1537 Catron S.E. Albuquerque, NM 87123 :1 Barbara Cegielski 1537 Catron S.E. o aFGA,; , --"'—,... Albgt N:1 87123 zz N aC! ..... . V Pam Voges, City Clerk_ City Hall City of San Luis Obispo 900 Palm Street P. 0. Box 8100 ATTENTION: Mr. Romero San Luis Obispo, C.4 93403-8100 Public Works Pamela Voges, City Clerk Ir In �.. }L.O n�}. iw } • �w�} • 7—. }.. wish. to pa , ity In three annual +nst-alimen s at seven percent (7%) interest for the improvements constructed on the property located at: 7.43 ftZ) LL ST• San Luis Obispo, California. � 1£ LSK1 Name o,4 - 9Z3 - j9 Assessors Parcel No. _ Signature / Owner or Agent �'7 74 0'/V s! 1V i71 F iia 3 LSC,S�