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Home My WebLink About08/20/1991, 1 - CONFIRMATION OF COSTS FOR SIDEWALK CONSTRUCTION AND REPAIR UNDER THE 1911 ACT Nl�lylllll�lll`�III f August G GATE: II,I�I IIIN�IWI C)".7 o san lugs oBispo Au st 20, 1991 MINGis COUNCIL AGENDA REPORT MEM NUMBER: FROM: David Romero, Public Works Director PREPARED BY: Dennis Cox, Streets Manager Tony Heller, Sidewalk Inspector SUBJECT: Confirmation of costs for sidewalk construction and repair under the 1911 Act CAO RECOMMENDATION: Adopt resolution confirming costs, amending Resolution 6947 and rescinding Resolution 7004 BACKGROUND: At its March 20, 1990 meeting, the City Council approved staff proceeding with provisions of the 1911 Act to require the installation of curb, gutter and sidewalk at numerous locations throughout the community. Many property owners install the required improvements at their own expense, however, for those who did not make the improvements, the City received bids and contracted to have the work done. In addition, the City posted a number of properties where there existed defective curb, gutter and sidewalk. This is also covered under provisions of the 1911 Act. In a number of instances, property owners opted to have the City contract to have the work done. There are a total of 8 properties involved, representing a cost of $17, 188.74 . The provisions of the 1911 Act call for a public hearing by the legislative body to confirm the cost of the work. At the hearing, the Council may hear objections from the property owners and make such adjustments to the proposed assessments if the Council feels it appropriate. Upon completion of the hearing, the Council should adopt a resolution confirming the costs and creating a lien against the properties. On July 16, 1991, the Council held a hearing dealing with these same properties. However through staff oversight the property owners were not given notice, thus allowing them a chance to protest or request a three year payment. Staff was not aware of this circumstance until after the meeting when the resolution was adopted by the Council. It is therefore necessary to rescind Resolution 7004 adopted at the July 16, 1991 meeting. One property owner, Barbara Cegielski, who lives in Albuquerque, N.M. , was slow in responding to a previous hearing 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 can be included with this group. The resolution reflects that change. nP1iiIII1iIIIIIIIjlllllll City of San La1S OBISpo COUNCIL AGENDA REPORT Sidewalk Costs Page Two I In 1984 the 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 i 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 l meeting. The property owners who have requested the three year financing are shown on Exhibit B. 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 $17, 188.74. FISCAL IMPACT: Possible loss of $17, 188 .74 of funds advanced to pay contractors to conduct this work which is the responsibility of the property owners. RECOMMENDATION: 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. i Attachments: Resolution Exhibits A & B Street Map Cegielski letter I sidecosVohs30 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 1911 ACT, AMENDING EXHIBIT "A" OF RESOLUTION NO. 6947 (1991 SERIES) , AND RESCINDING RESOLUTION NO. 7004 (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 owners, 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" . /-3 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" . SECTION 5. Resolution No. 7004 (1991 Series) is hereby rescinded. 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 APPROVE ity A inistrative Officer C rL.r'! C1-Y-� "riven it Att'o ey Finan�irect� Public Works Director sidues/dfr130 i EXHIBIT "A" Location Owner Cost 367 Branch Street D.E. Weddle $2, 150. 00 2150 King Street S.M. S. Co. 21340. 00 (Branch Street side) c/o F. McNamara 1690 Phillips Street S.M. Kiggens, etal 21410. 00 2065 Price Street H.H. & J.R. Brown 685. 00 2006 Chorro Street D.M. BXadbeer, etal 11187.50 1043 Marsh Street E.L. Zanoli 11256.25 551-53 Branch Street R. True, etal 31037.50 406 Ferrini Road W.C. Taylor 41122.49 ex/dfr#30 i �-S EXHIBIT "B" Owners requesting three year pay-off option: Owner Location Cost S.J. and B.J. Cegeilski 743 Caudill $1, 270. 00 Note: to be revised ex/dfr#30 ' •4 •'i I G naan a0 tool Ipy N. sa Iet • Y ' 1 � ••al•�' p,,.• 1• letIY a• e , s9; O I CAL POLY , I I••Y � I _ •per, /• 1 .r . IR•4 il., , ..e 7 ^ am i c + �� 1 • � � IIGtSL� is • 3 • a wt y r.l , fp1• + a tpplwga "M LAMINA �i ae ♦ py '• , o \ . i uata.o ad t ' ♦ 'f t'dj 4 1 Ferrini Road � ' r 2 Park Street , ''� r .�a ,. .♦ w 3 _Marsh Street �,w;` •• ; Chorro Street ♦ 3 pL 4 F � � 5 Price Street •'• ti • 'w 4 r `• 1 . ' 6 Branch Street "�,a'� \• �ti 7 Branch Street • �• �,, �. r �` 11 'Ss �r• .19 I s .1• La YI A 1 Y y _ " •�1 i eQ(p� P • pra•000 f yam, j� w L' WGYII •.O.O � ' r .a ••Ia• 1 �' • . •1 ♦ ry �� moi. MEETING AGENDA DATE 8l,249 I ITEM ._..-- EXHIBIT "B" Owners requesting three year pay-off option: Owner Location Cost S.J. and B.J. Cegeilski 743 Caudill $1,270. 00 D.E. Weddle 367 Branch $2,150.00 REVISED — j/aoo,/pt 00PM ex/dfr#30 COFIESTO: ❑•Denotes Anion ❑ FYI ❑ co."� ❑ CDD M D CAO ❑ FIN DIX QawA' O NEY Rf HPWDIX W WD ❑ MGMT./ i %a ❑ CRFADFI.E ED) 'uriL!)! . EXHIBIT "A" Location Owner Cost 2150 King Street S.M. S. Co. 21340. 00 (Branch Street side) C/o' F. McNamara :pb 2065 Price Street H.H. & J.R. Brown 685. 00 2006 Chorro Street D.M. Bradbeer, etal 11187. 50 n n 3-_C i t $..T��S a;;.a 2 r c a c -Pb 551-53 Branch Street R. True, etal 31037.50 406 Ferrini Road W.C. Taylor 41122 .49 REVISED ,S•ooPK ex/dfr#30 i FROM RRMRDRiHOTEL CIRCLE 08.20. 1991 1.1114 P. 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