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Home My WebLink About03/19/1991, 1 - CONFIRMATION OF COSTS FOR SIDEWALK CONSTRUCTION CONDUCTED UNDER THE 1911 ACT. IIIIN�INIII�uIIIIIIIII�iII�III MEETING DATE: C� � San �..��S ��Sp� March 19, 1991 COUNCIL AGENDA REPORT ITEM NUMBER: FROM: David F. Romero Via: Dennis E. Cox %��rrepared by: Public Works Dir. Streets Manage ,---,) Tony Heller 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, Woodbridge Street, Caudill Street, Phillips Street (Park 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 17 properties in the area for an approximate cost of $31, 273.75. 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. In 1984, the City Council determined that assessmentes 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. 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. 1 -/ ��m�i ►�IIIIIII�I�j�II�l11 city of San 1u1S OBISpo MMMA COUNCIL AGENDA REPORT Alternative 2: Council may fail to adopt the resolution, thereby stopping the collection procedure with the ultimate loss of approximately $31,273.75. FISCAL IMPACT: Possible loss of $31,273.75 of funds advanced to pay contractors to conduct this work which is the responsibility of the property owners. RECOMMEDNATION• 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: Exhibits A and B Resolution 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 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 it has addressed objections or protests to the costs of construction submitted by the Public Works Director and hereby confirms said costs as submitted 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" . 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 � "3 Resolution No. (1991 Series) APPROVED: L ity A inistrative Officer C' y to ne Finance Director Public Works Director 1911ace2ap/cn#t '7 EXHIBIT "A" PROPERTY OWNERS LOCATION COST OF IMPROVEMENTS W.L. & M.H. Cattaneo, tres. 762 Woodbridge $ 560. 00 S.J. & B.J. Cegielski 743 Caudill 1,270. 00 J.F. & M.P. Danaher 1628 Monterey 1,413 .75 William L. Cattaneo, tr.etal 750-56 Woodbridge 1,440. 00 Roland E. & Billie Edwardes 421 Branch 11780. 00 C. Thomas 531 Branch 11800. 00 Idella C. Nevarez, etal 323 Branch 1, 870. 00 Gail Woelfle, etal 319 Branch 1,900. 00 Jean McNeil, etal 353 Branch 11900. 00 P.C. & B.J. Wurster 525 Branch 11940. 00 Ricardo C. & Epitacia Banez 261 Branch 1, 950. 00 S.M.S. Co. c/o F.McNamara 2150 King(Branch side) 2, 140. 00 Daniela E. Weddle 367 Branch 2, 150. 00 E.D. & S. Schrenk 363 Branch 2 , 190. 00 M. Stoutenborough 463 Branch 21240. 00 G.M. Mellema 511 Branch 2 , 340. 00 H.J. Byzinski 543 Branch 2 , 390. 00 i -s EXHIBIT "B" Property owners where costs are over $1, 000 and who have opted for three (3) year pay-off. PROPERTY OWNER LOCATION COST OF IMPROVEMENT G.M. Mellema 511 Branch $ 21340. 00 Idella C. Nevarez, etal 323 Branch 1, 870. 00 Roland E. & B. Edwardes 421 Branch 1, 780 . 00 An updated list will be posted in the Council Chamber on the day of the hearing. EXHIBIT "A" PROPERTY OWNERS LOCATION COST OF IMPROVEMENTS W.L. & M.H. Cattaneo, tres. 762 Woodbridge $ 560. 00 S.J. & B.J. Cegielski 743 Caudill 1, 270. 00 J.F. & M.P. Danaher 1628 Monterey 1, 413 .75 William L. Cattaneo, tr.etal 750-56 Woodbridge 1, 440 . 00 Roland E. & Billie Edwardes 421 Branch 11780. 00 C. Thomas 531 Branch 11800. 00 Idella C. Nevarez, etal 323 Branch 11870. 00 Gail Woelfle, etal 319 Branch 1, 900. 00 Jean McNeil, etal 353 Branch 1, 900. 00 P.C. & B.J. Wurster 525 Branch 1, 940. 00 Ricardo C. & Epitacia Banez 261 Branch 1, 950. 00 S.M.S. Co. c/o F.McNamara 2150 King(Branch side) 2 , 140. 00 Daniela E. Weddle 367 Branch 2 , 150. 00 E.D. & S. Schrenk 363 Branch 2 , 190. 00 M. Stoutenborough 463 Branch 21240. 00 G.M. Mellema 511 Branch 2 , 340. 00 H.J. Byzinski 543 Branch 2 , 390. 00 EXHIBIT !'B!' Property owner"s where costs are over $1., 000 and who have opted for three (3) year pay-off: PROPERTY OWNER LOCATION c6sT of IMPROVEMENT G.M. Mellema 511-. Branch $ 21340.. 00 Idella C.: Nevarez, etal 323 Branch 1, 87o.. o0 Roland :E. & B. Edwardes 421 Branch 1, 780 : oo An updated list will be posted 'in. the Council Chamberr on the day of the hearing,.