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Home My WebLink About08/07/1990, C-4 - CONSIDERATION OF REQUIREMENT THAT PROPERTY OWNER INSTALL CURB, GUTTER AND SIDEWALK ON WESTERLY SIDE ��IIIIII�II�►°Nu'��I�U city of san-Lui s OBISPO - August DATE. 7, 1990 COUNCIL AGENDA REPORT �""""d FROM: David Romero, Public Works Director 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: Adopt resolution preliminarily determining that public interest, convenience and necessity require the construction of curb, gutter, and sidewalk on this portion of the street and setting a hearing for 7:00 p.m. , September 18, 1990 BACKGROUND: On September 18, 1984, staff brought before Council a list of properties throughout the community where curb, gutter and sidewalk might be installed under the provisions of the City's public convenience and necessity ordinance. At that meeting, the City Council deleted all properties except that of the Mission School on Nipomo Street (and at a later date, subsequently eliminated that property) . The owner of the property along the westerly side of Santa Barbara, between Church and Morro, did not protest the sidewalk assessment nor did the Council give any specific reason for deleting that property. It has been staff policy not to bring these matters back to the Council once they have made a determination. However in this particular case information recently brought to light by Harry Watson, Transit Manager, indicates pressing need for the improvement (Exhibit .A) . Therefore the matter is brought back to the Council, with some reluctance, for your reconsideration. DISCUSSION This block is the only block along the entire length of Osos and Santa Barbara Streets without full curb, gutter and sidewalk. There is obviously a great deal of pedestrian use as evidenced by the trail across the property. It is also the best location for the bus stop, however, traversing the area presents extreme difficulties for old, infirm, -or handicapped persons. This block meets General Program Criteria b and c, and Site Selection Priorities rand 2 of Resolution 6031 (Exhibit B) , and indeed was the second highest priority improvement listed in the 1984 staff report to the Council. The procedure outlined in the Municipal Code calls for the City Council to make a preliminary determination by resolution that public interest, convenience, and necessity require the construction of the improvements, and setting a public hearing which will allow the property owner to protest. Final action to require the construction requires a 4/5 vote of the Council at the protest hearing (Exhibit C) . 9611111� city of sanguis owpo COUNCIL AGENDA REPORT Santa Barbara Page Two FISCAL City costs for the hearing involve two publications and staff time in preparing exhibits and posting the property. If the Council finally determines that the improvements should be constructed, the City may have to advance funds and place a lien against the property for collection as it does under its ongoing sidewalk and repair construction program. RECOMMENDATION Staff believes that this improvement is the highest priority sidewalk improvement in the City and, therefore, recommends that the Council adopt the resolution making the preliminary determination that the public convenience and necessity require this installation and setting the protest hearing. Attachments: Resolution Exhibits A-C sbarbara/dfr#22 _ RESOLUTION NO. (1990 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL PRELIMINARILY 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. U NOW THEREFORE BE IT RESOLVED that the City Council hereby: 1. Preliminarily determines that public interest, convenience, and necessity require the construction of curb, gutter, and sidewalk across the entire frontage of this block. 2. City staff is directed to publish notices and post the property for a protest hearing to be held at 7:00 p.m. on Tuesday, September 18, 1990. n Resolution No. (1990 Series) Resolution No. (1990 Series) 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 A inistrative Officer A o VIE!e* Public Works Director cgsres/dfr#22 i 1 ' l �i�o III�III IIII city,� sAn hugs OBISW C990 Palm Street/Post office Box 8100 •San Luis Obispo,CA 93403-8100 Mare 29, 1990 MEMORANDUM TO: Dave Romero, Public Works Director FROM: Harry Watson, Transit Manage SUBJECT': Bus Stop at Santa Barbara and Church Str et On the southbound leg of Santa Barbara Street, we.have a bus stop located with an . asphalt curb in front of the bus bench and immediately beyond our bus bench is a continuation of the asphalt curb with an unimproved dirt area that extends for some 150- 200 feet. Across the street from this bus stop is a three story apartment building that caters to the disabled. Passengers that attempt.to use our system, as you can imagine, have a great deal of difficulty negotiating both the irregular and unbroken asphalt curb. If they ingress at the comer, where there is a curbcut they have to traverse 60 feet plus or minus of unimproved pathway before they-can get to the place where the bus is going to pull over to pick them up. This was brought to my attention by a passenger that has been using SLO Transit for ten years. He has MS and does not have a power chair and little or no use of his arms, so he has to use the heels of his feet to try to power his wheelchair across this unimproved area. He says that quite a few other people in the complex have stopped using the system because of the great deal of difficulty. Can you give me some guidance as to how I can correct this problem for these folks? I would appreciate a fairly quick reply; as the disabled.group is going to follow up on my progress on or about April 15 of this year. Thanks in advance.. HW\romero O Ex0d, 00, O` O ��jON �, O ct;. div o, ��.- ,,;,oF O : ♦ R3�'' \ h � r "te. . �� , ` - - .4 - y,♦ O o� R 2 \ wr 20 0 O ' -00 PF fl / (^J �p MWSu �0, O 13 / \ 2 Q IN KLL 1T1I A-714, Q \ Q eA ,9• n = - � � - \ Q - - RESOLUTION NO. 6031 (1986 Series) A RESOLUTION OF mm COUNCIL OF TED; CITY OF SAN LUIS OBISPO ADOPTING GETi17tAL CRITM;MA AND SITE SELECTION PRIORITIES FOR TBE SIDrERALK IMPRONEV4NT PROGRAM bDR MhS, the City desires that its cltizem have available safe, • Lmenient and suitably located sidesalls: and WrMREA.S, many areas of the City do not have such sidealls: and . ,„ WHEREAS, the City desires such areas to be Improved considering needs, hazards and'the wishes of the neighborhoods, NOW, TMW E, BE IT RESOLVED, that the City Council hereby adopt, the following: Gr"N'-t.-1 AL PROGRAM CR.LTERA a. Sidewalk progran should integrate repair and corstrl_cticn. b. Sidralk program should emphasize safety, particularly safety of children. To this effect, City staff should consult with school authorities and PTAs in preparing specific donstruc:iah priorities. ✓ e. City-initiated sidewsll.:, should be installed only wore there Is a Cdcnnstrated pedestrian need. d. City should remand favorably wihen it is petitioned for sidealk irprove=ts by morn than 5OSL of the o.arss of a block (tlye portions already i=roved are considered a favorable vote). e. SldewaUc program should crosider tomography arra significant trv�- f. Council may con !der sank nature of area, desires of the nelghborhood, traffic flow and other Judgement items In its determinations. Q �xkila�ef �_�. � Resolution No. 6031 (1986 Series) g. Staff will bring to Council attention those properties where more than 5O% of the frontage of a block: has been improved, thereby meeting 1911 Act criteria for completion of Improvements within a block. SITE SELECTION PRIORITIES FOR CONSTRUCTION OF NEW SMMkT-<S V 1. In areas with safety hazards Or heavy pedestrian use, especially children. ✓ 2. Along arterial and collector streets near schools, parks, churches, And neighborhood eocenerclal centers. 3. Along local streets near schools, parks, churches. and neighborhood commercial 'centers. t. In other residential and cooaercial areas as necessary. On action of Councilman Griffin seconded by Councilman Settle aro an the following roll call vote: Aye: Councilmembers Griffin. Settle. Dovcy and Mayor Dunin kAES: None A'3,=: Councilwoman Rappa • the foregoirg Resolution was passed and adopted this 15th da of July 1986. MAYOR RON DUNIN l: cI cz�c Pn vocEs i C'y-� 12.08.010-12.12.020 Chapter 12.08-r Ukapter"1i212 RAINWATER'DRAkNS ^ CONSTRUCTIOK;*RECONSTRUCITON . .-..• .z3f•-::�:::.: ,,...... . . . REPAIR'. F ., .. Sectjoas: . . . O 81D]E'WAI:BS Li.•ti.~iLrw.t. J`J ..:' K�. +:'� Jif i :j.fil •its: G.:i 7+X: .�C'.`.'f.•'J !,1�' .fi.C�. � rl .. _. 12.08.010 t Drifi ft irainivatei fi om"i '' J Sections:"- pmpetty onto sidewaDc -' 12.12.010 Genual provmons: :;s-prdhi'bited-Rainwater iibe 12.12.020 Notice of nece`stity for;-.:-; s.::�30;rdirected into gatte% 3c _. geari ' =Notioe'�to constract 12.08.020 rainwater fromr"�= - `sidewalk* ►-�"' DtarningCoastraction , _;L' ?3o'.y� *onto''side`WSllc�'x' cW-vL- co?,•� —Notice�' nstrnchon. ".'.:`.'•C p prO�Iblted. ifi!i LTc�Fi.T. ::Y:1? :'COSi'4E yAfi.'Ll1b.2+1?ti8r!`Sr. ♦:`.� �rf.a r•,•e, 1212.030� `Cost of oonsti Won= 12.08.010 Draining rainwater from property ' Colle'cti�Filing notice of lieb. r •. :; b--ionto d •i* : coon"_ si ewalk proldbited='Y.. '12.12.040 `-CO." r Rainwater to be-directed into�•�"'"` ''Aheroative method 4ooIIedfon: ' ienMni ]fa Sri 32E1eS1?Si si�1 T :: :v �Oi 5::::.iJ{ , ftill tiQ.ilk is ::t. .J "No"' '-` . Forrndu•t. .. ' � -pFroes.v:i..siio,jaeer + 12.12.010 p ipe shall be so erected; placed or'maiatained as to A. As used in. ` "`°''chapter` ;``s%dewalk" convey,carry or discharge any wateron or to any includes a park or parking strip maintained in sidewalk in the city,but all leaders,drains;pipes the area between the•�pmparty 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 Clot 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- 12M.020 ollect12.08.020 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, carries or discharges any water procedures prescribed by(garter 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 sere any building or structure owned by or in the ices.(Prior code§7350) possession of or under the control ofsuch person. (Prior code§7320.1) 1212.020 Notice of necessity for. Hearing—Notice to construct sidewalk—Construction by city— Notice of construction cosi. 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 C the city, it shall cause to be published, a notice Can Lois Obispo 7.89) 236-2 xk �'w:t ir . 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 bjecttions or protests,if any,.which may be raised by . any property owner or other interested persons. The publications shall be by two successive inner- tions in a newspaper of general circulation pub- lished in the city.The first 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 ofeach parcel of real property liable to be assessed for the cost of any of the worn.The posting shall be completed at least ten days before the date of hearing. No proceeding shall be held invalid,for farlure'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 bear 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 ofall 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 Spacial Assess went, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to the proceed- 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 5ronting on the sidewalk to be repaired or reconstructed or fronting on that portion of the street in which no 236-3 lean Luis Obiwo 7-89)