SUBJECT:     ADOPTION OF A RESOLUTION SETTING A PUBLIC HEARING FOR THE COST OF SIDEWALK REPAIRS FOR JUNE 18, 2002

RECOMMENDATION

Adoption of a resolution setting a public hearing for June 18, 2002 at 1:30 p.m. for the approval of the report of the Directors of Finance and Transportation on the cost of sidewalk repairs.

BACKGROUND

State law and the San Jose Municipal Code make it the duty of each property owner to maintain the sidewalk fronting their property in a safe condition.  When a sidewalk needs to be repaired, the Department of Transportation (DOT) sends a repair notice to the property owner. 

The Finance Department invoices property owners for sidewalk repairs undertaken by DOT.  To recover the costs of unpaid invoices, the City Council can levy assessments against the defaulting properties at the conclusion of a public hearing process.

ANALYSIS

 The Report of the Directors of Finance and Transportation on the cost of sidewalk repairs (“Directors’ Report”) will list commercial and rental properties currently in default and the costs incurred by the City for the sidewalk repair.  Currently, there are 144 properties with a proposed total assessment of $126,336.11.  The individual assessments vary from $35.00 to $8,298.80.  These amounts have been paid by the City to concrete contractors to complete sidewalk repairs at the various properties listed.

In August 1999, DOT began a 100% sidewalk repair grant program for owner-occupied residential property owners to offset the cost of maintaining their sidewalks. Almost 30,000 property owners have received assistance through this program to date.  Commercial or rental property owners are not eligible for grants and may either make the repairs themselves or have DOT contract for the repairs. 

Thirteen of the properties identified in the Directors’ Report are owner-occupied properties that were repaired before the 100% sidewalk grant program began; however, these properties qualified and received assistance from the 1/3 grant sidewalk grant program that was in existence at the time (pre-August 1999).  Outstanding, unpaid amounts for these thirteen properties represent the remaining 2/3 of the repair costs.  All other properties identified in the Directors’ Report do not qualify for a grant and the City has expended funds to repair the sidewalks in question.

As an effort to resolve potential protests prior to the public hearing, DOT invites property owners to administrative conferences.  These conferences do not affect the property owners’ right to protest the proposed assessment at the City Council public hearing.

Results of the administrative conferences and staff recommendations will be included in the Directors’ Report submitted to the Council for consideration and approval on June 18..  After hearing any protests, the City Council may confirm the Directors’ Report and the full amounts contained therein or reduce any of the amounts due.  In addition, Council may approve any of the following actions for each assessment:

 Ø       Place a lien against the property for the unpaid amount, to be paid with the next annual property tax bill;

 Ø       Allow the property owner to pay the assessed amount whether in full or, for assessments over $100, in no more than five (5) annual installments.

The schedule to place liens for the assessments on defaulting properties for sidewalk repairs made by the City is as follows:

COORDINATION

This memorandum has been coordinated with the Departments of Transportation and Finance, and the City Attorney’s Office.

COST IMPLICATIONS

The funds ($126,336.11) used to repair the sidewalks listed in the report were advanced from the Special Assessment Special Services Fund.

SCOTT P. JOHNSON

Director, Finance Department  

WAYNE K. TANDA Director,

Transportation Department