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HomeMy WebLinkAbout01/02/1990, 1 - CONFIRMATION OF COSTS FOR CURB, GUTTER AND SIDEWALKS CONSTRUCTION CONDUCTED UNDER THE 1911 ACT MEETING DATE: 11110111111URNIIII City 0r SM IDIS OBISPO Januar .2 1990 COUNCIL AGENDA REPORT 11 NUMBER: FROM: David F. Romero, Public Works Director SUBJECT: Confirmation of costs for curb, gutter and sidewalks construction conducted under the 1911 Act CAO RECOMMENDATION: After receiving testimony, adopt a resolution confirming costs and directing that unpaid assessments be placed as a lien against the property and collected with City taxes. BACKGROUND: At its November 1, 1988 meeting, the City Council by motion directed staff to proceed with curb, gutter and sidewalk improvements at various locations throughout the community following the provisions of the 1911 Act. Many property owners installed the required improvements at their own expense; however for those who did not make the installation, the City received bids and contracted to have the work done. This involved a total of 11 properties in the area for an approximate cost of $17,800. The provisions of the 1911 Act call for a public hearing by the legislative body to confirm cost of the work. Assessments are based on contractor cost to do the work. All property owners have been notified by mail of this hearing and of options for payment. At this hearing, the Council may hear objections from 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 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 10%. At the time this ordinance was adopted, the Council indicated that it wished to have these provisions extend to the 1911 Act. The provisions of the 1911 Act, however, limit the interest rate to 7% rather than the 10% of the City ordinance. Therefore, staff has followed the 7% interest rate allowed by the 1911 Act. Property owners were notified of this option and were requested to inform the City of their interest in taking advantage of this option prior to tonight's meeting. Those property owners who have not requested the three year financing are shown on Exhibit A. Those property owners who have requested the three year financing are shown on Exhibit B. Both exhibits will be corrected to show up to date information as of 5:00 p.m., January 2, 1990. ALTERNATIVES: Alternative l: 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. �����ibii��VIIIIIIIIIPr' ���UIII city of San Luis OBISpo ONGs COUNCIL AGENDA REPORT Sidewalk construction Page 2 Alternative 2_ Council may fail to adopt the resolution thereby stopping the collection procedure with the ultimate loss of approximately $17 , 800.00. FISCAL IMPACT: Possible loss of $17 , 800.00 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 . Attachments : xhibits A & B Resolution 1911. Act provisions swconstr .wp/dc#4 Approved: t City A inistrative Officer i t7�Y Fi Director �� Public Works Director /r C) RESOLUTION NO. (1990 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 alien 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 C' vote: Resolution No. ( 1990 Series) AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 1990. MAYOR ATTEST: CITY CLERK APPROVE Cit A inist tive Officer t e, Finance Director Public Works Director 1911act/dfr#19 Exhibit "A" C-- Owner Location Amount Peter M. Kardel 1101 Marsh (Santa Rosa side) $ 693 .00 John F. Sachs, et . al . 194 Lincoln Avenue 793 . 33 c/o Richard Keenan . Louis P. Chrysler 226 Lincoln Avenue 793 . 33 KSBY 467 Hill Street 846.00 James & Margaret Coia 188 Lincoln Avenue 11100.00 M. M. Mello 777 Lincoln Avenue 1 , 287 .00 John R. & E. Lehman 875 Mountain View 1 ,493 .50 Brandon & Maureen Jones 2145 Cypress Street 1 ,650.00 J. C. Kundert 1106 Pacific (Santa Rosa side) 2 ,000.00 Clara B. Dalidio 515 N. Broad (Lincoln Ave. side) 2 , 205 .00 C swconstr.wp/dc#4 i Exhibit "B" Owner Location Amount Ted Frankel 680 Higuera Street $4 , 943 . 21 • swconstr.wp/dc#4 / V � I1 �j1 r Q SIDEWALKS AND CUI113S § 5890 be levied to pay the cost thereof. Any such report may include work done In front of any number of parcels of property, whether contiguous to each other or not. 7 (Added by Stats.1945,c.1339,p.2510, �a�f § 5883. Hearing on report; confirmation; finality of decision �f Upon the day and hour fixed for the hearing the legislative body r shall.hear and pass upon the report of the superintendent of streets, r together with any objections or protests which maybe raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may dean just. after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made,shall be final and conclusive. (Added by Stats-1945,c.1339,p.2510, 31.) Ubrary References Mualoipal Corpgrntions CV-138M. C.J.S. Muaicil.al Corporations i ios& Article 3 COLLECTION OF COST OF CONSTRUCTION seo. 5890. Assessment of'cost; lien. 5891. Notice of lien; form; filing. 3892. Effect of recording notice; consolidation of claims; statute of limitations; foreclosure of lien. 5893. Alternative method of collection; inclusion of claim in nest reg- ular tax bill; notice of lien; collection. 5894. Time and manner of collection; penalties; interest; foreclosure. 5895. Payment of assessments; annual installments; interest. i 5895.1 Bond issue. time for cash payment; rate of interest. Article 3 tats added by Stats.1945,c.1339,p.2510, § 1. I § 5890. Assessment of cost; .lien I The cost of the construction may be assessed by the legislative body against the parcel of property fronting upon the sidewalks or curbs so constructed,and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a . special assessment against that parcel of property, and shall be alien 349 1 ' MEETING `1 AGENDA DATE ITEM # PETER M. KARDEL COUNSELOR AT LAW �./ 1101 MARSH STREET BAN LMS OBISPO, CAMPOW IA 83601 1-805-5 motes action by Lead Person Respond by: (council December 27, 1989 QCAO 15 City Any. �.(,' V a Q 2Cterk-ortg. Dennis Cox, Streets Manager gr '540J)w City of San Luis Obispo I; •r •1989 25 Prado Road R �m�� CITY am San Luis Obispo, CA 93401 Orin la W -z%ra YOUR NOTICE TO ME OF THE 010290 CITY COUNCIL HEARING ON YOUR REPORT CONSIDERING A $693 . 00 ASSESSMENT AGAINST MY PROPERTY Thank you for your enclosed Certified Mail Notice of Hearing that I received on 121189. Mr. Cox, I respect your Department very much. For example, I cooperated with your removal of a tree next to the Santa Rosa Bridge even though I opposed its removal . In addition, I provided water to your contractor for laying the sidewalk on the Bridge and later for sawing the sidewalkfor storm drainage into the Creek. Also, I provided water to the contractor who built the sidewalk along my property line on Santa Rosa. Nonetheless, I must protest and object to my paying anything for the sidewalk and to my property being liened for the cost required f the sidewalk. I was NOT given either of the notices by Chapter 12 . 12. 020 J to construct the sidewalk. At least one of these notices is required by procedural due process and by your Ordinance. Accordingly, please delete this assessment recommendation from your -Report to the Council. Thank you. Peter M. Kardel Enclosures (03) ec: Mayor Ron Dunin Pam Voges, City Clerk ��; Page 1 of 1 --' NOTICE OF HEARING ON REPORT OF SUPERINTENDENT OF STREETS Date: SAN VARY 40090 Time: T 0 5 P.M. Place.: Council Chambers City Hall 990 Palm Street San Luis Obispo, California At the above time and place, the City Council of the City of San Luis Obispo, California, will hear and pass upon a report by the Superintendent of Streets of the cost of the work, together with any objection or protest, if any, which may be raised by any property owner liable to be assessed for the cost of such work and any other interested persons. The following described property is to be asessed as follows: OWNER P= M. IQMEL ADDRESS 1101 MARSH STREET �I CITY SAN LUIS OBISPO, CA Description of the property: COMMONLY KNOWN AS: 1101 MARSH STREET (SANTA MSA SIDE) LOT: 1 BLOCK: 20Q SUBDIVISION: BUCI=. ADD'N ASSESSOR'S PARCEL NUMBER: 02-445-01 Description of work: QUANTITY_ DESCRIPTION _ COST 123 I sq. ft-. — SIDEKALK _ _ lung_semi 1$ 693.00 I i 1 - I I I 1 Total assessment to be made against the above described $ 693.00 property i The amount of the proposed Lien may be paid to the City of San Luis Obispo prior to the hearing and the matter will not be heard. Please make checks payable to City of San Luis Obispo and mail to: City Clerk, P.O. Box 8100, San Luis Obispo, CA 93403-8100. 1 • - I 1 la t�aq s31-) C •IMPORTANT: Resent On fOAe to obtain yoYf ART .ID required.Signature may M revurad. ICLE NO. P.�•7��7.7 f`KJ You my pick up your mall aha► M. (Date) MAIL or notify your carries or Port Office for redalivary. A 0 Registered 0 Numbered 0 Custom(Omer Natnlw) Fiat Ir ortified. 0 COD _..- for Md e'. - tp=ar ❑ Parcel 0 Hold g 0 cted Del�iwy)delivers:Article 0 Plamd in Your Letter Bos. -0.Delivery 2 . M cot ralbd for at Post DHke before carrier begins the jI fpr S- m tMrt raBW�trip the article vn11 be delivered to you. 7 � o Irmal Notice R_etum Dat �y Amount Due s o (/� S S ustomer Please drserlbe Add sea Inc(Aire) � o aay viubk daaroje) Adifress. c O s a s Delivered by and Date Received By a m X a P$Form 3849, Mar. 1989 DELIVERY NOTIC MEMINDERIRECEIPT o v M O � s = a.l M1 Cc CO • O1 �) a r- a P4 (n C ^d U m J -- C q -� V O Q 0 a` r ' v 1 PETER M. EBRDEL, COUNSELOR AT ,LAW 2 PROOF OF SERVICE BY MAIL 3 I am over the age of 18 and NOT a party to this cause. I am a 4 resident of or employed in the county where the mailing occurred. My residence or business address is: 1101 Marsh 5 Street; San Luis Obispo, CA 93401. 6 I served the letter entitled, "Your Notice To Me Of The 0102.90 City Council Hearing On Your Report Considering A $693 .00 7 Assessment Against My Property,11 along with the three enclosures referred to in that letter, by enclosing the letter 8 and each of the three enclosures in a sealed envelope addressed to each person whose name and address is given below and 9 depositing the envelope in the United States mail with the postage fully prepaid. 10 01) Date of deposit: 12/27/89 11 02) Place of deposit: San Luis Obispo, CA 93401 12 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that 13 this Declaration is executed on December 27, 1989 at .San Luis Obispo, CA 93401. 14 15 Nancy J. Myers 16 17 NAME AND ADDRESS OF EACH .PERSON TO WHOM NOTICE WAS MAILED 18 Dennis Cox, Streets Manager City of San Luis Obispo 19 25 Prado Road San Luis Obispo, CA 93401 20 Mayor Ron Dunin 21 City of San Luis Obispo P.O. Box 8100 22 San Luis Obispo, CA 93403-8100 23 Pam Voges, City Clerk City of San Luis Obispo 24 P.O. Box 8100 San Luis Obispo, CA 93403-8100 25 26 27 28 Page 1 of 1 MEE I ING AGENDA EXHIBIT !A" DATE # Owner Location Amount Louis P. Chrysler 226 Lincoln Avenue $ 793.33 KSBY 467 Hill Street 846.00 John R. & E. Lehman 875 Mountain View 1,493.50 J. C. Kundert 1106 Pacific (Santa Rosa Side) 2,000.00 Clara B. Dalidio 515 N. Broad (Lincoln Ave. Side) 2,205.00 UNPAID AS OF 1/2/90 AT 5:00 PM Peter M. Kardel 1101 Marsh (Santa Rosa side) 693.00 John F. Sachs, et. al. 194 Lincoln Avenue 793.33 c/o Richard Keenan r Denotes action by Lead Person Respond by: Council CAO Ki City Airy. R Wrk-prig. �0ir+p�w RECEi V ED JAN 2 1990 CITY COUNCIL SAN LUIS OBISPO, CA NiE 1-1-9a 11TEM # EXHIBIT "B" Owner Location Amount James & Margaret Coia 188 Lincoln Avenue $ 1,100.00 M. M. Mello 777 Lincoln Avenue 1,287.00 Brandon & Maureen Jones 2145 Cypress Street 1,650.00 Ted Frankel 680 Higuera Street 4,943.21 I �! Ai. C: .Io/� JAN 2 1990 CRY COUNCIL SAN LUIS OBISPO.CA $:10 P.011%.