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
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Exhibit "B"
Owner Location Amount
Ted Frankel 680 Higuera Street $4 , 943 . 21
•
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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
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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.
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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
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JAN 2 1990
CRY COUNCIL
SAN LUIS OBISPO.CA
$:10 P.011%.