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HomeMy WebLinkAboutReso - CC - 071-2017RESOLUTION NO. 71-2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE REPORT OF SIDEWALK PROGRAM REPAIR COSTS FOR THE 2015 50/50 SIDEWALK PROGRAM, AND AUTHORIZING THE COLLECTION OF PROPERTY OWNERS' PORTION OF THE COSTS THROUGH THE SAN MATEO COUNTY ASSESSOR'S OFFICE CITY PROJECT NO. 84240 WHEREAS, the City maintains over 116 miles of sidewalk, a significant portion of which is aging and is impacted by the tree roots resulting in cracks and separations requiring repairs; and WHEREAS, it is important that the sidewalk infrastructure be property maintained to protect the public health and safety of pedestrians and minimize liability to property owners and the City as a whole; and WHEREAS, the California Streets and Highways Code requires that adjoining private property owners maintain the sidewalks in front of their property; and WHEREAS, after a comprehensive analysis of options available, the Council implemented a 50/50 sidewalk repair program with the objective of funding sidewalk repair in a manner that will reduce the financial and logistical burden to both property owners and the City; and WHEREAS, on October 4, 2010, pursuant to the California Streets and Highways Code, the Burlingame City Council adopted the Sidewalk Maintenance Repair Ordinance, Chapter 12.12 of the Burlingame Municipal Code to provide for a 50/50 sidewalk repair program; and WHEREAS, pursuant to the ordinance, the costs of sidewalk repairs fronting private property are shared equally between the City and the adjacent property owner; and WHEREAS, the program implementation included marking the defective sidewalk in the field and providing property owners with the option to participate in the program or arrange for repairs themselves, and staff met with property owners to confirm the necessary sidewalk repairs; and WHEREAS, the Sidewalk Repair Project was advertised for bids, and a follow-up notice was sent to the property owners to update them on the bid prices and repair costs; and WHEREAS, on January 4, 2016, the Council awarded a construction contract to JJR Construction Inc., as the successful low bidder for the Sidewalk Repair Program; and WHEREAS, the construction of the Sidewalk Repair Maintenance Program has been satisfactorily completed in compliance with the project plans and specifications; the completed project included approximately 50,000 square feet of new sidewalk, 7,000 square feet of driveway approaches, 30 ADA curb ramps, and 2,000 linear feet of curb and gutter; and WHEREAS, the total cost of sidewalk repairs completed under the program is $583,464, and the property owners' 50% share of this cost is $291,732; and WHEREAS, notices of this public hearing have been sent to property owners in the Sidewalk Repair Maintenance Program; the notices contained information detailing the individual costs of repairs; the summary of repair costs to be billed to the property owners in the program is contained in the attached Sidewalk Repair Costs Report; and WHEREAS, pursuant to the Streets and Highways Code, at this public hearing the property owners have an opportunity to present objections to or protest the amount charged them by the City for the repairs; the City Council may revise, correct or confirm the listed amounts; decisions by Council on all objections and protests are final and conclusive; and WHEREAS, after Council approval of the cost report, the costs of repairs will be forwarded to the San Mateo County Assessor's Office for collection as part of the property taxes due in December 2017; the City Manager will execute such papers as may be required by the County of San Mateo to collect the amount due; and WHEREAS, property owners who wish to bypass the property tax option and pay the City directly may do so by contacting staff within thirty (30) days of Council approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS; 1. The City Council finds that all of the facts recited herein and in the staff report are true and correct and upon that basis takes the actions herein. 2. The City Council finds that all required notices have been given as required by Chapter 12.12 of the Burlingame Municipal Code and that the Report of Sidewalk Repair Costs has been completed and filed by the Director of Public Works. 3. The City Council approves and accepts the Report of Sidewalk Repair Costs submitted by the Director of Public Works, finds the costs assessed for the individual repairs to be fair and reasonable and confirms the report, attached as Exhibit W. 4. The City Council, after hearing any and all objections or protests, assesses the cost of repair against the parcels fronting the sidewalk upon which such repair was made and directs the Director of Public Works to invoice said property owners for their share of the cost of repair in the amounts listed in the Report. 5. If a property owner has not remitted the cost of repair within thirty (30) days of the invoice, the City Council orders the Director of Public Works to forward the list of properties with unpaid costs of repairs and the recorded liens on those properties, to the San Mateo County Assessor's Office for collection as part of the secured property tax roll. 6. The City Council orders and directs that the individual sidewalk repair cost amount shall constitute a special assessment against the affected parcel of property, and shall constitute a lien on the property for the amount thereof; such lien shall continue until the assessment and all interest thereon are paid, or until it is discharged of record. 7. The City Manager and the Director of Public Works shall execute any and all documents as may be required by the County of San Mateo to collect the mount due. I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 1 gch day of June, 2017, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:NONE