HomeMy WebLinkAboutReso - CC - 082-2015RESOLUTION NO. 82-2015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING THE REPORT OF SIDEWALK PROGRAM REPAIR COSTS FOR THE
2014 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. 83160
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 50/50 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; additionally, staff met with property owners to confirm the
quantity of 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 April 7, 2014, the Council awarded a construction contract to
Golden Bay Construction Inc., as the successful low bidder for the Sidewalk Repair
Program; and
WHEREAS, the construction of the Sidewalk Repair Program has been
satisfactorily completed in compliance with the project plans and specifications; the
completed project included approximately 41,200 square feet of new sidewalk, 5,400
square feet of driveway approaches, 44 ADA curb ramps and 1,600 linear feet of curb and
gutter; and
WHEREAS, the total cost of sidewalk, driveway and walkway repairs completed
under the 50150 Sidewalk Repair program is $345,570, of which the property owners'
share is $172,870; 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 of 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 2016; 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 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 said 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 hereby confirms the report, attached herewith as
Exhibit `A'.
4. The City Council, after hearing any and all objections or protests, hereby
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 hereby 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 amount due.
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Mayor
I, Mary Ellen Kearney, 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 17th day of August, 2015, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City Clerk