HomeMy WebLinkAbout09/18/1990, 3 - CONSIDERATION OF REQUIREMENT THAT PROPERTY OWNER INSTALL CURB, GUTTER AND SIDEWALK ON WESTERLY SIDE ilk; ►�I�li'I� I ��11�6'p,�I' MEETING DATE:
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COUNCIL AGENDA REPORT 'T NUMBER: ty
FROM: David Romero, Public Works Director e:7evl�
SUBJECT: Consideration of Requirement that Property owner
Install Curb, Gutter and Sidewalk on Westerly Side
of Santa Barbara, Between Church and Morro Streets
CAO RECOMMENDATION:
After receiving testimony, adopt resolution determining that
public interest, convenience, and necessity require the
construction of curb, gutter, and sidewalk on this portion of
the street
BACKGROUND:
On August 7, 1990, the Council preliminarily determined that
curb, gutter, and sidewalk improvement were required in this
block. This was based on an agenda report which included
information that this is the only block along the westerly side
of the entire length of Osos Street and Santa Barbara Street
without full curb, gutter, and sidewalk, that it meets general
program criteria and site selection priorities as outlined in the
City sidewalk program, and that it is needed to serve users of
the transit system, which has a bus stop in this block.
DISCUSSION:
The property has been posted as required by the Municipal Code
and notices sent to the property owner regarding tonight's
meeting. The property owner will have an opportunity to make a
presentation protesting the improvement, if he desires. If the j
Council determines that it wishes to proceed, there must be a 4/5
favorable vote as specified under the Municipal Code.
FISCAL IMPACT:
The City estimates that costs for the improvements which are the
responsibility of the property owner will be $6,394.50. In
addition there will be several hundred dollars cost assumed by
the City for paveout, resetting of street name signs and the bus
stop sign.
If the property owner does not have the work done, the City will
contract the work and provide the owner an opportunity to pay in
cash, to pay the costs over a 3 year period at 10% interest, or
allow the cost to become a lien against the property collectable
with the taxes. These provisions are spelled out in the
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MICom COUNCIL AGENDA REPORT
Santa Barbara
Page Two
Municipal Code. If the property owner elects not to do the work,
the City can finance the work through its revolving account for
reimbursed sidewalk improvements. The Streets/General Program
planned $60,000 worth of reimbursable sidewalk improvements for
1989/91 and has so far completed $45,000 of construction.
RECOMMENDATION:
Staff believes that this is one of the highest priority sidewalk
improvements in the city and recommends that the Council make a
determination to proceed with the improvement.
Attachments: resolution
site map
Municipal Code excerpt
santab/dfr#23
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RESOLUTION NO. (1990 Series)
C
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
DETERMINING THAT PUBLIC INTEREST, CONVENIENCE
.AND NECESSITY REQUIRE THE CONSTRUCTION OF
CURB, GUTTER, AND SIDEWALK ALONG THE
WESTERLY SIDE OF SANTA BARBARA STREET,
BETWEEN CHURCH AND MORRO STREETS
WHEREAS the City desires that its citizens have available
convenient and suitably located sidewalks, and
WHEREAS this block of Santa Barbara -Street is the only block
along the westerly side of Osos and Santa Barbara Streets not
having curb, gutter and sidewalk, and
WHEREAS -the City Council has determined that such an
installation meets General Program Criteria and Site Selection
Priority Criteria for such an installation, and
C
WHEREAS, the City published and posted required notices and
has held a public hearing to hear and pass upon objections or
protests of property owners or. other interested parties,
NOW THEREFORE BE IT RESOLVED that the City Council hereby:
1. Determines that public interest, convenience, and
necessity require the construction of curb, gutter, and
sidewalk across the entire frontage of this block.
2. The Special Assessment, Investigation, Limitation and
Majority Protest Act of 1931 shall not apply to the
proceedings.
�3-3
3. The Superintendent of Streets (Public Works Director) is
hereby ordered to notify the owner or person in possession
of the property to construct the curb, gutter and sidewalk
in accordance with provisions of'' Section 12.12. 020 of the
Municipal Code.
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 , 1990.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
Approved:
ity Ad inistrative Officer
tt ne
Public Works Director
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U-08.0.10-12.12.020 �-
Chapter 12.08 Chapter 1212
RAINWATER DRAINS CONSTRUCTION, RECONSTRUCTION
AND REPAIR OF SIDEWALKS
Sections:
12.08.010 Draining rainwater from Sections:
property onto sidewalk 12.12.010 General provisions.
prohibited—Rainwater to be 12.12.020 Notice of necessity for—
directed into gutter. Hearing—Notice to construct
12.08.020 Draining rainwater from sidewalk—Construction by
buildings onto sidewalk city—Notice of construction
prohibited. cost.
12.12.030 Cost of construction-
12.08.010 Draining rainwater from property Collection=Filing notice of lien.
onto sidewalk prohibited— 12.12.040 Cost of construction—
Rainwater to be directed into Alternative method of collection.
gutter.
No rainwater leader drain, pipe or conduit 12.12.010 General provisions.
shall be so erected, placed or maintained as to A. As used in this chapter, "sidewalk"
convey,carry or discharge any water on or to any includes a park or parking strip maintained in
sidewalk in the city,but all leaders,drains,pipes the area between the property line and the street
and conduits conveying,carrying or discharging line and also includes curbs,gutters, bulkheads,
water to or beyond the exterior boundary of the retaining walls or other works for the protection
lot or premises on which the same is erected, of any sidewalk or of any park or parking strip or
placed or maintained, must be led under the any of the above.
sidewalk to the gutter. (Prior code§7320) B. This chapter constitutes a separate and
alternative procedure for performing and collect-
12.08.020 Draining rainwater from buildings ing the cost of the work specified in herein.The
onto sidewalk prohibited. procedures set forth in this chapter are in addi-
No person shall erect or maintain any rain- tion to and the limitations imposed by this chap.
water leader, drain, pipe or conduit so that the ter. do not affect the powers conferred or
same conveys, caries or discharges any water procedures prescribed by Charter or the general
onto any sidewalk in the city through or by law
means of any leader, drain, pipe or conduit C. For purposes of this chapter"superintend-
maintained,placed or existing on or attached to ent of streets"means the director of public sery
any building or structure owned by or in the ices. (Prior code§7350)
possession of or under the control of such person. f
(Prior code§7320.1) 12.12.020 Notice of necessity for—
Hearing—Notice to construct
sidewalk—Construction by city—
Notice of construction cost.
.A. When the council preliminarily deter-
mines by resolution that the public interest,
convenience and necessity require the construc-
tion,reconstruction or repair of sidewalks within
the city, it shall cause to be published, a notice 1
(sm Lab Obaw 7-89) 236-2
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12-.12.020
generally describing the location of the sidewalk
( ^ or sidewalks to be constructed,reconstructed or
repaired and shall specify the day,hour and place
when the council will hear and pass upon objec-
tions or protests,if any,,which may be raised by
any property owner or other interested persons.
The publications shall be by two successive inser-
tions in a newspaper of general circulation pub-
lished in the city.The fast publication shall be at
least twenty days before the date of hearing.
B. A copy of the notice shall be posted within
three hundred feet of each parcel of real property
liable to be assessed for the cost of any of the'
work.The posting shall be completed at least ten
days before the date of hearing. No proceeding
shall be held invalid for failure to post within
three hundred feet of any parcel of the real prop.
erty if this section has been substantially com-
plied with; provided, that the publication of
notice set forth in subsection A of this section
and the posting set forth in this subsection may
be dispensed with upon written consent of the
affected property owners wherein the property
( owners agree to the day and hour for the hearing.
�- C On the day and hour fixed for the hearing,
the council shall hear and pass upon the objec-
tions or protests of property owners or other
interested parties-
D. Ifthe council by no less than 4/5 vote of all
the members thereof by resolution finds and
determines that the public convenience and
necessity require the construction, reconstruc, °
tion or repair of the sidewalks described in the
notice, or any part thereof, the Special Assess-
meat, Investigation, Limitation and Majority
Protest Act of 1,931 shall not apply to the proceed-
Ings-
E. If the council makes the finding specified
in subsection D of this section,it shall order the
superintendent of streets to notify the owner or
Person in possession of the property fronting on
the sidewalk to be repaired or reconstructed or
fronting on that portion of the street in which no
230-3 (s.n Luis Obispo 749)
S /
f
12.12.030
sidewalk has been constructed theretofore, to such report may include work done in front of _.
construct or cause to be.constructed, repair or any number of parcels of property,whether con-
caused to be repaired, or reconstruct or cause to tiguous to each other or not.
be reconstructed a sidewalk in the front of his J. Upon completion of the construction,
proper reconstruction or repair, the superintendent of
F. The superintendent of streets shall forth- streets and the city clerk shall cause notice of the
with give notice to construct, reconstruct or cost of the construction,reconstruction or repair
repair by delivering a written notice personally to to be given in the manner specified in this section
the owner or person in possession or by mailing a for the giving of notice to construct, reconstruct
postal card, postage prepaid, to the person in or repair,which notice shall specify the day,hour
possession or owner at his last known address as and place when the legislative body will hear and
the same appears on the last equaliied assess- pass upon a report by the superintendent of
went roll of the city. streets of the cost thereof, together with any
G. The notice shall particularly specify what objections or protests, if any, which may be
work is required to be done,how it is to be done raised by any property owner liable to be assessed
and what material shall be used in the construc- for the cost and any other interested persons.
tion, reconstruction or repair and shall further K Upon the day and hour fixed for the hear-
specify that if the construction,reconstruction or ing, the council shall hear and pass upon the
repair is not commenced within thirty days after report of the superintendent of streets, together
notice is given and diligently and without inter- with any objections or protests which may be
• ruption prosecuted to completion, the superin- raised by any of the property owners liable to be
tendent of streets shall cause the construction, assessed and any other interested persons.There-
reconstruction or repair,as the case may be,to be upon the council may make such revision,corre-
done and the cost of the same shall be a lien on tion or modification in the report as it.may deem
the property. However, upon written request of just, after which, by motion or resolution, the
an affected property owner,the thirty-day period report as submitted, or as revised, corrected or
and notice thereof may be waived and the super- modified, shall be confirmed. The council may
intendent of streets may with due diligence cause adjourn the hearing from time to time.The deci
the work to be done and the cost of the same sions of the council on all protests and objections
made a lien upon or collected with taxes against which may be made shall be final and conclusive.
the property. (Prior code§ 7350.1)
H. If the construction, reconstruction or
repair are not commenced and prosecuted to 12.12.030 Cost of construction—Collection—
completion with due diligence,as required by the Filing notice of lien.
notice. the superintendent of streets shall forth- A. The cost may be assessed by the council
with cause the construction. reconstruction or against the parcel of property fronting upon the
repair to be done either with city forces or by sidewalk constructed,reconstructed or repaired,
contract duly let pursuant to the City Charter. and such cost so assessed, if not paid within five
I. Upon the completion of the construction, days after its confirmation by the council, shall
reconstruction or repair, the superintendent of constitute a special assessment against such par-
streets shall prepare and file with the council a cel of property,and shall be a lien on the property
report specifying the work which has been done, for the amount thereof from the time of recorda-
the cost thereof.a description of the real property tion of the notice of lien. which lien shall con-
in front of which the work has been done and the tinue until the assessment and all interest
assessment against each lot or parcel ofland.Any thereon is paid,or until it is discharged of record.
237 (San Luis Obispo 1-85)