Loading...
HomeMy WebLinkAboutAgenda Report - August 17, 2005 K-02AGENDA ITEM VVOL &IL% CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Proposed Sidewalk Installation, Repair, and Liability Policies and Provide Direction to Staff as Needed MEETING DATE: August 17, 2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution approving proposed sidewalk installation, repair, and liability policies and provide direction to staff as needed. BACKGROUND INFORMATION: At the March 22, 2005 Shirtsleeve Session, a discussion took place with the City Council regarding the installation of new sidewalk where sidewalks do not currently exist. As a result of that discussion and the need to update our sidewalk maintenance policies, staff has compiled the following recommendations for implementation following Council discussion and direction. The goals of the recommended changes are to: • Improve the City's sidewalk system to encourage walking and improve safety by reducing the number of defects in the sidewalk • Improve the sidewalk system for persons with disabilities • Reduce the City's liability exposure and cost • Utilize opportunities provided by State law to place costs with the appropriate party • Develop a procedure that is efficient to administer Staff Poliicy Recommendation: • Provide City grant funding for installation of new sidewalks at "gap" locations in a two-phase program. Phase 1 projects would be "small projects" (one, two or three adjacent parcels missing sidewalk only) with voluntary 50% City/50% owner funding. 100% funding would be provided for disabled persons meeting low-income criteria as for the City utilities SHARE program. For other low-income owners meeting the same criteria, a deferral program will be available. This would be a six-year program. Staff would notify all affected property owners of the program and handle installation on a first-come, first-served basis. The Phase 2 program would consist of the few larger areas (four or more parcels) and any remaining parcels from Phase 1 in which property owners declined to participate. The cost would be 100% property owner and the low-income deferral would also apply. Staff will report back to Council after the completion of Phase 1. • Revise the Municipal Code to place maintenance liability responsibility on the property owner. This would include driveways and curb and gutter. • Provide City grant funding for maintenance work with a 50% grant for locations affected by a City tree. Other locations would be at the property owner's expense. • Adopt a standardized payment/deferral program with the following elements: o Waive encroachment permit fees for property owners who undertake installation/maintenance work without requiring formal notice o Allow payments for up to one year without interest if property owner agrees to pay o Allow deferral until time of transfer of ownership (with interest) for low-income property owners o Authorize the City Manager to file liens with the County Assessor and/or Tax Collector as applicable per the above agreements APPROVED: Blair King, Manager J:IPOLICY1Csidewa$kPolicy2005.doc 8/1212005 Adopt Resolution Approving Proposed Sidewalk Installation, Repair, and Liability Policies and Provide Direction to Staff as Needed August 17, 2005 Page 2 Additional Backaround Informatio The existing Public Works Department Curb, Gutter and Sidewalk Repair Policy was adopted in 1995 (Resolution No. 95-48) and subsequently amended in 1999 (Motion/Action May 5, 1999). A copy of the current policy is provided as Exhibit A. The policy primarily focuses upon repair and maintenance activities and has some deficiencies pertaining to driveways and responsibility for repairs following injury claims. It does not take into account recent court decisions regarding liability. With regard to new sidewalk installation (outside of development requirements), City Council in 1999 directed staff to begin using Measure K Local Street Repair funds to install new sidewalk along Turner Road at a number of isolated locations with existing homes and to develop a policy for an ongoing program to install sidewalk where none exists. While some additional work was done under this direction, a formal policy covering the installation of new sidewalks at developed parcels was not adopted. The Lodi Municipal Code requires sidewalk installation (along with other public improvements to meet City Standards) when the value of a building remodel exceeds the threshold amount (currently $37,000; adjusted every July 1) and sidewalk is required as part of the public improvements in new development. City Council was presented on March 22, 2005, with a comprehensive City-wide listing of locations of missing sidewalk and curb, gutter and sidewalk throughout the community. The total cost of constructing the missing facilities was estimated to be in excess of $3.5 million. At that time, staff was directed to return with a substantially pared -down program focused upon developed residential areas, gaps of three parcels or less, and delivery strategies. The attached Exhibit B presents the locations of missing sidewalks at existing residential sites at these locations. The recommended delivery strategy is centered about a defined funding, small and large projects, prioritization criteria, and special cases. The total of missing curb, gutter and sidewalk areas represent approximately $834,000 in construction work. A good portion of this work consists of one, two, or three adjacent parcels that would be defined as "small projects" having a construction value of $443,000 (Exhibit B). This would exclude the Kristmont Acres area where property owners have made it clear they are not interested in new sidewalks and past Council direction has supported them. An annual funding level of $50,000 per year would complete the small projects in approximately nine years if 100% City -funded. At 50% as recommended, the time frame is approximately six years, depending on property owner participation, cost increases and the budget process. A range of funding participation could be considered. This could include 100% City funded, 50% City150% property owner or 100% property owner. A 50150 funding strategy would effectively reduce the completion period by half. City Council could also consider alternative payment methods including but not limited to low-interest loans and deferred payment agreements with various mechanisms to trigger repayment. Regarding maintenance and liability, the Streets and Highways Code sets up a statutory procedure for the economic obligation for maintaining sidewalks to fail to the property owner. Under the Streets and Highways Code, the City may compel abutting property owners to maintain sidewalks free from dangerous conditions. Recent court cases have established that property owners are responsible for sidewalk maintenance and liability provided City Ordinance establishes this condition. Past history of City maintenance efforts have averaged approximately $100,000 per year for the past five years. On average, the City has paid $20,000 per year for trip -and -fall claims. However, recent claims will raise this average. Budgetary constraints lead to the recommendation that sidewalk maintenance efforts be increasingly shifted to the property owners as allowed by State law. A memo from the City's Risk Manager describing this issue in more detail is attached (Exhibit C), along with copies of applicable State law (Exhibit D). Fallowing Council approval of the policy, the ordinance will be brought back for adoption. J:IPOLlCY\CSidewalkPolicy20U5.doe 811212005 Adopt Resolution Approving Proposed Sidewalk Installation, Repair, and Liability Policies and Provide Direction to Staff as Needed August 17, 2005 Page 3 FISCAL NPACT: Street Fund (Annual Amounts) $50,000 (New Installations) $25,000 ( Maintenance) FUNDING AVAILABLE: Per budget process. ;Je)sFR?. Krueger Richard C. Prima, Jr. Public Works Director Prepared by F. Wally Sandelin, City Engineer RCPIFW Slpmf Attachments J,(POLICY\CSidewa1kPo1icy2005.doc 811212005 CITY OF LODI • PUBLIC WORKS DEPARTMENT Exhibit ,A POLICIES AND PROCEDURES STREETS -6 I CURB, GUTTER & SIDEWALK REPAIR POLICY 1 515199 Resolution 95-48 adopted by the City Council at its meeting of April 5, 1995: A. Property owners or tenants have the responsibility to report to the City of Lodi all defective curb, gutter and sidewalk fronting their property. (For purposes of this Policy, sidewalk includes portions of driveways within the right of way.) B. The Street Superintendent will inspect and classify sidewalk repairs for action per this Policy. Generally, offsets or other defects less than 314" are considered minor and require no further action. ! , R1211:4=J-111 A. TEMPORARY PATCHING - The City shall place a temporary patch on sidewalks where there is 314" - 1 112" vertical offset or minor irregularities. This will be done at no charge to the property owner. The property owner or tenant has the responsibility to notify the City of any change in the condition of the sidewalk or the patched area. B. SIDEWALK REPLACEM�EN - When vertical offset is greater than 1 112", sidewalks shall be processed for removal and replacement on a priority basis. These areas will also be temporarily patched until replaced. 1. Sidewalk replacement at City expense is done under the following conditions: a. Damage caused by City -maintained trees. (City -maintained trees are only those trees located in the parkways between the curb and sidewalks or those fronting City -owned property.) b. Damage due to City utility cuts c. Damage due to heat expansion 2. Property owner shall replace sidewalk where the hazardous condition is caused by something other than the above categories. The property owner shall have a licensed contractor do the work within a prescribed time. If, after formal notice by the City, the repairs are not completed within that time, the City shall make the repairs and assess the property owner. ►-► A. Curb and gutter which is damaged by City -maintained trees, City utility cuts or heat expansion will normally be replaced by the City at the time damaged sidewalk is replaced or with street improvement projects. B. Curb and gutter which is damaged by property owner's trees shall be replaced by the property owner at their expense. PPSTRT06 05/21199 CURB, GUTTER & SIDEWALK REPAIR POLICY 117JEFENWATT-1 12 1 P1 ►n► IJON STREETS -6 Page 2of2 A. The City shall be responsible for root surgery on all City -maintained trees where it is required. City shall remove City -maintained trees when required under City's adopted Tree Policy. This work will be done in conjunction with the replacement of the sidewalk and/or the curb and gutter. B. Root surgery on privately -owned trees is the responsibility of the property owner. Adopted by the City Council by motion action at its meeting of May 5, 1999: A. New basement encroachments into the sidewalk area are prohibited. B. Existing basement encroachments shall either be abandoned by the property owner or be covered by an encroachment permit, issued administratively, in which the property owner assumes maintenance responsibilities and provides standard insurance coverage and certificates. C. When the City initiates replacement of adjacent curb, gutter and/or sidewalk as part of a capital improvement project, or under the maintenance conditions described in the City's sidewalk repair policy, the City shall bear the cost of resetting serviceable basement access doors. The property owner shall provide a new door set, if necessary, and a structural "roof" for additional basement encroachments on which the City can install sidewalk. As an option, if the property owner elects to have a basement access/encroachment abandoned, the City will remove the access, backfill, and replace sidewalk and pay for tate necessary wall at the building foundation. D. When the City initiates replacement due to conditions which are the property owner's responsibility under the maintenance conditions described in the City's sidewalk repair policy, the property owner shall bear all costs for repairs except if the property owner abandons the basement access, then the City will participate as in C} above. E. The City Manager may authorize a one-time replacement of Basement access doors, at City expense, in conjunction with circumstances described above within Zone A-1 of the Lodi Central City Revitalization Assessment District, 95-1, provided the property owner complies with Section B above. r 1 Richard C. Prima, Jr:'___J Public Works Director RCPAm EXHIBIT B 8/11/2005 AM Linear Ft Linear Ft 206207016 1524 Academy 21 104320101 230 N Central 52 On Railroad 204710003 1027S Central 18 On Concord 204708021 1101S Central 75 On Poplar 204737016 721S Cherokee 117 2 04737016B 721S Cherokee 75 On Harold 2104739002 901S Cherokee 241 On Vine 204739002 901S Cherokee 178 Asphalt walk and berm 206206040 1406S Cherokee 68 206208007 1509S Cherokee 100 Asphalt walk 206208008 1515S Cherokee 65 Asphalt walk 21G4713014 234 Cherry 50 Asphalt walk 304516029 1101S Church 102 On Park 304515033 1300S Church 18 On Tamarack 104905010 46 N Cluff 56 104905058 50 N Cluff 58 602731006 2025 lCochran 50 602731005 2033 Cochran 48 6 02731004B 2041 Cochran 90 On Peach 602731004 2041 Cochran 75 602711009 2201 Cochran 110 On Willow 602732001 2311 Cochran 232 204741029 700 Delores 54 On Lloyd 204741008 801 Delores 88 2 04741008B 801 Delores 56 On Woodrow 204702024 106 Flora 53 204702025 108 Flora 38 404119026 10 Forrest 52 404119012 16 Forrest 68 104319002 120 Garfield 56 204732212 727S lGarfield 12 204732214 731S Garfield 35 204738001 800S Garfield 67 2 04738001 B 800S Garfield [Garfield 100 On Maple 2047 . 38002 808S 71 2104738011 812S Garfield 44 2 4738010 816S Garfield 42 204738009 820S Garfield 52 204731401 822S Garfield 51 204731404 840S Garfield 1120 On Vine 204731402 845S Garfield 300 On Vine 204739009 939S Garfield 62 204729015 1049S lGarfield 62 2 0472901 5B 1049S Garfield 106 On Poplar 206229025 311 E Harney 180 Asphalt walk 206229026 325 E Harney 100 Asphalt walk 605821004 1649 W Harney 110 605821003 17491W Harney 224 4103731044B 2011S Hutchins 135 On Walnut Page EXHIBIT 8/11/2005 403731044 201S Hutchins 11 Asphalt walk 306249001 1834S Hutchins 70 603304017 1458 Iris 216 204727020 305 E Kettleman 120 On Washington 104123021 110 Lawrence 62 104123022 116 Lawrence 58 304513011 1245S Lee 106 On Tamarack 404125004 1050 Lincoln 7 404125002 1051 Lincoln 7 104123034 115E Lockeford 5 Asphalt walk 104123035 121 E Lockeford 0 Asphalt walk 104123035B 121 E Lockeford 84 On Stockton 104903004B 677 E Lockeford 139 On Beckman 104903004 677 E Lockeford 64 4 3726010 301 W Locust 87 On Pleasant 4 3726009 307 W Locust 90 On Pleasant 6 02713101 2300 W Lodi 100 On Kristmont 6 02709003 2340 W :Lodi 150 On Cabrillo 104123020 350 N Main 105 1 04123020B 360 N Main 74 On Main 204714004 206 Maple 53 204731112 454 Maple 115 On Garfield 2 04732216B 455 Maple 128 On Garfield 204732216 455 Maple 70 2 04732401 B 501 Maple 142 On Garfield 204732401 501 Maple 97 204732408 541 Maple 55 204730025 415 Mission 66 2 04730025B 415 mission 29 On Wellswood 2 04739013B 425 Mission 83 On Wellswood 204739013 425 Mission 56 104905007 1209 Mounce 50 104306402 208 E Oak 30 Asphalt walk 304516019 115 Pa.rk 92 304516018 116 Park 94 303107003 621 Park 160 303107002 701 Park 57 503903013 901 Parkview 26 503903012 905 Parkview 59 503904001 906 Parkview 145 503904001B 906 Parkview 74 On Lakehome 503903010 909 Parkview 64 503903008 915 Parkview 38 6 02731002B 731 lPeach 55 On Cochran 104323001 604 E Pine 199 104323001B 604 E Pine 130 On Cherokee 104906002 870 E Pine 66 104905016 12051E Pine 84 EXHIBIT B 8/11/2005 ie>r ' ..psi 104905015 1209 E Pine 88 304516039 1100S Pleasant 20 On Park 204710036 305 Poplar 141 On Washington 2 04710021 B 321 Poplar 91 On Priebe 20471 0021 321 Poplar 51 204729016 435 Poplar 52 104320105 408 Railroad 40 104320107 412 Railroad 42 104320114 426 Railroad 31 104320116 428 Railroad 40 204716203 212 Redwood 38 204716204 216 Redwood 41 204715002 228 lRedwood 53 204715003 232 Redwood 56 104309008 216 Rush 62 104308709 219 Rush 54 104308715 225 Rush 62 104309011 228 Rush 60 104309001 238 Rush 32 404121017 401 N Sacramento 124 On Deforce 304523013 621 S Sacramento 23 On Spruce 304524008 721S Sacramento 37 404113004 727 N School 88 On Louie 304523019 604S School 100 On Tokay 304509024 843S School 76 304509023 845S School 38 304517039 901S School 63 On Vine 3 45160046 1001S School 106 On Siena Vista 304516004 1001S School 81 304516005 1007S School 57 3 045160086 1029S School 120 On Park 304516008 1029S School 106 Brick walk 304516009 1 101 S School 130 304516013 1165S School 128 On Sycamore 30451 1 5050 1301 S School 117 On Tamarack 304529023 1304S School 50 304529009 1308S School 50 304529008 13103 School 50 304523014 9 Spruce 42 104123033 309 N Stockton 41 104123033B 313 N Stockton 27 104123032 319 N Stockton 39 204716132 726S Stockton 130 On Redwood 204716201 730S Stockton 91 On Redwood 204716214 748S Stockton 94 On Maple 2 04714051 B 802S Stockton 45 On Maple 204714051 802S Stockton 37 204713029 848S Stockton 55 On Vine 2104705008 1121S IStockton 50 2104705014 1241S IStockton 46 Page 3 FW wol-T11-1111116-i 8/1112005 'A "' ` 3 512302 102 ��;W -,- - I WA W` Sycamore 124 -- . .. ....... 9 - ---- . ..... NEF-MUM! - 3 512302B 102 Sycamore 65 On School 304516014 115 Sycamore 104 304512312 115 Tamarack 95 3 523018 16W Tokay 50 5 3903014 1140W Turner 90 On Parkview 204712018 332E Vine 53 3 517038 'I'low Vine 0 2 6208018 1408 Voelker 0 206208019 1416 Voelker 7 Asphalt walk 2 715007 739S Washington 3 2 715008 749S ashington17 3 2 04715008B 749S ashington 107 On Maple 2 714021 817S ashington 42 2 04714022 819S ashington 43 2 047140228 819S ashington 56 On Cherry 2 727022 1321S Washington 1 19 204741004 1004 Woodrow 0 5 5 Totals 100 10922 Page 4 Exhibit C Memorandum City of Lodi Human Resources Department TO: City Council THROUGH: Blair King, City Manager FROM: Kirk Evans, Risk Manager DATE: August 17, 2005 SUBJECT: Sidewalk Maintenance and Liability The following memo was sent to City Council March 30, 2005 - I am including this with the August 17 Council Communication regarding sidewalk maintenance issues as supplemental background information: Given that City Council conducted a shirtsleeve session 3/22/2005 on the subject of sidewalk policies, you may find of interest the following information regarding sidewalk maintenance and liability. It is anticipated that at some point in the future City Council may want to take further action on this matter. In 1941, the State of California enacted Streets and Highways Code section 5610, which states in part: "The owners of lots ... fronting on any portion of a public street ... shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience..." Section 5610 describes a process whereby the designated Streets Superintendent may notify a property owner to repair a damaged sidewalk. If repairs are not made, the Streets Superintendent can perform the work and, after a hearing held before City Council, a lien may be placed on the property for the cost of repairs. Section 5610 is valuable insofar as it provides a financing mechanism for the repair and maintenance of damaged sidewalk areas ("sidewalk" is defined as a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk). However, section 5610 does not change the common law as it pertains to liability for personal injuries occurring on a sidewalk. For many years, cities throughout California assumed the section allowed cities to transfer liability to property owners. It does not. It imposes a duty on the part of the property owner to the city to maintain a sidewalk. It does not impose liability on the property owner should someone be injured on that sidewalk. The City of San Jose's experience changed that incorrect assumption. Through a series of court cases, the City of San Jose learned that liability cannot be imposed on property owners via Streets and Highways Code section 5610. Liability can however be imposed through adoption of a properly worded ordinance. The City of San Jose therefore designed, and in April 1990 adopted, a sidewalk repair and maintenance ordinance. The key element of San Jose's ordinance is: 14.16.2205 - Liability for injuries to public. The property owner required ... to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition ... any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. The ordinance expressly provides that property owners owe a duty of care to members of the public to keep and maintain sidewalk areas in a safe, non -dangerous condition. In December 2004, the California Appellate Sixth District Court upheld the validity of San Jose's ordinance finding in part that the imposition of a duty of care on an abutting landowner serves an important public purpose by providing property owners with an incentive to maintain the sidewalks adjacent to their property in a safe condition. The court's ruling that the ordinance is valid — in effect, makes it an even stronger tool for use by cities throughout California. The court further held that San Jose's ordinance does not absolve the city of responsibility for dangerous conditions on a public sidewalk, rather, it provides an additional level of responsibility for the maintenance of safe sidewalks on the owner whose property is adjacent to and abuts the sidewalk. If, for example, a city were to receive actual notice, or in some instances constructive notice, of a truly dangerous condition and do nothing about it, then the city could stili be deemed liable for a portion of the overall liability assessed. Nevertheless, the establishment of this ordinance does accomplish the following: • The c reation o f t he p otential f or 1 iability p rovides an a dditional i ncentive f or p roperty owners to repair sidewalk areas. Property owners are in the best position to assess the condition of sidewalks on a day-to-day basis. Paying the relatively low cost of sidewalk repair today suddenly appears attractive when compared to the costs which might be presented by an injured pedestrian tomorrow. • The existence of such an ordinance virtually ensures participation of the adjoining property owner's insurance carrier towards settlement of trip -and -fall claims. This would minimize pay -outs on the part of the City of Lodi. Even if an injured pedestrian fails to file suit against the property owner (claims/suits are usually filed against the City) the OA City can now cross -complain against the property owner, thereby implicating the property owner's insurance policy. For the foregoing reasons, Council may want to consider adoption of a similar ordinance. I would like to add the following comments to my March 30 Memorandum The Streets Division of the Public Works Department conducts regular surveys of sidewalk infrastructure throughout the City. Since 1993 the Division has made a concerted effort to reduce the number of sidewalk defects from a count of 12,000 - to 4,000 today. Keep in mind that defects can be as little as a half inch deflection. Not only does the Division conduct a proactive repair program (as evidenced by the significant reduction in defects), they also ensure repairs are effected by the adjacent property owner whenever the City receives notice of a dangerous sidewalk condition. However, at the present time, with regard to the 4,000 current defects, homeowners are not notified they must repair defects resulting from some condition of their property, e.g. roots from a tree located on the owner's property pushing the sidewalk slab upward and causing a deflection. By notifying property owners of the condition of the sidewalk adjoining their property, as well as their obligation to make repairs, the City would increase the rate at which these defects are removed from City sidewalks. This would require greater time and effort on the part of Streets Division staff. The benefits of this effort would be a decrease in general liability trip and fall claims while eliminating a xpense on the part of the City f or labor and materials needed to actually repair these sidewalks. CA Codes (shc:5600-5602) STREETS AND HIGHWAYS CODE SECTION 5600-5602 5600. As used in this chapter "sidewalk" includes a park or parking strip maintained in the area between, the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. 5601. This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not apply to proceedings taken under this chapter. 5602. This chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder. Exhibit D http://www.leginfo.ca.gov.../displaycode?section=shc&group=05001-06000&file=5600-560 9/16/2003 CA Codes (shc:5610-5618) STREETS AND HIGHWAYS CODE SECTION 5610-5618 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice Lo repair Lie sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently Page 1 of 3 http:/lwww.leginfo.ca.gov.../displaycode?section=shc&group=05001-06000&file=5610-561 9/16/2003 CA Codes (shc:5610-5618) and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on, the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roil of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests; if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1.. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications Page 2 of 3 http:llwww.legi nfo.ca. goy.../displaycode?section=shc&group=05001-06000&fi 1e=5610-561 9/16/2003 CA Codes (shc:5610-5618) Page 3 of 3 in the report as it may deem 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. http://www,leginfo.ca.gov.../displaycode?section►=shc&group=05001-06000&fi le=5610-561 9/16/2003 CA Codes {shc:5625-5630} STREETS AND HIGHWAYS CODE SECTION 5625-5630 5625. The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, 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 a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. 5626. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of , 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the day of , 19_, by Resolution No. - assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of dollars ($ ), and the same shall be a lien upon said real property until the said sum, with interest at;the rate of _ percent per annum, from the said day of 19_ (insert date of confirmation of assessment), has been paid in full,and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of , State of and particularly described as follows: (Description of property) Dated this day of , 19_. Superintendent of streets 5627. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. Page 1 of 3 CA Codes (she:5625-5630) 5628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bili for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other,taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. 5628.1. The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. 5629. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. 5629.1. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day after the confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. Page 2 of 3 http:llwww.leginfo.ca.gov.../displaycode?section=she&group=05001-06000&file=5625-563 9/16/2003 CA Codes (shc:5625-5630) 5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. Page 3 of 3 http://www.ieginfo.ca.gov.../displaycode?section=shc&group=05001-06000&file =5625-563 9/16/2003 RESOLUTION NO. 2005- 44p A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION NO. 95-48, AND SUBSEQUENT 1999 AMENDMENT THERETO, RELATING TO THE SIDEWALK POLICY; HEREBY ADOPTING 2005 SIDEWALK INSTALLATION, REPAIR, AND LIABILITY POLICIES; AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMPLEMENT THE PROCEDURES WHEREAS, the existing Curb, Gutter and Sidewalk Repair Policy was adopted by Resolution No. 95-48 in 1995; and WHEREAS, the City Council subsequently amended the Policy by motion action on May 5, 1999; and WHEREAS, the City Council now desires to rescind Resolution No. 95-48 and the amendment thereto in 1999 and adopt a new policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby take the following actions: 1) Rescinds Resolution No. 95-48 and the 1999 amendment; and 2) Hereby adopts the 2005 Sidewalk Installation, Repair, and Liability Policies as attached hereto marked Exhibit A; and 3) Hereby authorizes and directs the City Manager to adopt such additional policies as are necessary to implement the Policies adopted herein. Dated: August 17, 2005 I hereby certify that Resolution No. 2005- was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2005, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — SUSAN J. BLACKSTON City Clerk 2005- City of Lodi EXHIBIT A CURB, GUTTER & SIDEWALK POLICY August 2005 Resolution xx-xx adopted by the City Council at its meeting of August 17, 2005. GOALS - The cLoals of this policy are to: a) Improve the City's sidewalk system to encourage walking and improve safety by reducing the number of defects in the sidewalk b) Improve the sidewalk system for persons with disabilities c) Reduce the City's liability exposure and cost d) Utilize opportunities provided by State law to place costs with the appropriate party e) Provide for procedures that are efficient to administer NOTICE AND ACTION a) Property owners and tenants have the responsibility to report to the City of Lodi all defective curb, gutter and sidewalk fronting their property. (For purposes of this Policy, sidewalk includes portions of driveways within the right of way.) b) The Street Superintendent will inspect and classify sidewalk repairs for action per this Policy. Generally, offsets or other defects less than 314" are considered minor and require no further action except at locations where trip/falls occur which will be evaluated for repair/replacement. III. SIDEWALK INSTALLATION a) Curb, gutter and sidewalk installation (and repair) is required with new development and with certain building permits per the Lodi Municipal Code. b) In other circumstances, the City will provide grant funding, as available, for new installations at residential properties. Phase 1 of the grant program consists of one, two or three adjacent parcels missing sidewalk only with voluntary 50% City and 50% property owner funding (100% grant for persons with full disability and low-income eligibility). This phase will extend through 2010. Phase 2 consists of remaining residential parcels from Phase 1 in which the owner declined to participate and other parcels and will be property -owner funded. c) City staff shall report to Council near the completion of Phase 1, prior to moving into Phase 2. The report shall include the then -current locations of missing sidewalk. IV. SIDEWALK MAINTENANCE a) LIABILITY — Public liability for sidewalk (including curb, gutter and driveways) maintenance rests with the property owner per LMC §xx-xxx. b) TEMPORARY PATCHING - The City shall grind or place a temporary patch on sidewalks where there is 314" - 1 112" vertical offset or minor irregularities. This will be done at no charge to the property owner (up to three times, after which replacement is required). The property owner or tenant has the responsibility to notify the City of any change in the condition of the sidewalk or the patched area. c) REPLACEMENT - When vertical offset in sidewalk is greater than 1 112", the location shell be processed for removal and replacement. These areas will also be temporarily patched until replaced. Curb and gutter shall be replaced as necessitated by adjacent sidewalk work or if offsets are causing extended water holding or present a hazard. Driveways are entirely the responsibility of the property owner except as in d) below. Driveways shall not be modified to include pipes, fill or similar use of the gutter. Gutter encroachments PPSTRTOR 9nn.r, nor. nFL/1gins existing as of the adoption date of this policy may remain provided they are maintained to not impede water flow, street sweeping or pose a hazard to the public. d) CITY COST PARTICIPATION — The City will provide 50% of the cost of repairs in cases where a tree within the public Right of Way has caused the damage. V. TREE MAINTENANCE a) The City shall be responsible for root surgery on all City -maintained trees where it is required. City shall remove City -maintained trees when required under City's adopted Tree Policy. This work will be done in conjunction with the replacement of the sidewalk and/or the curb and gutter. b) Root surgery on privately -owned trees is the responsibility of the property owner. VI. FEES. PAYMENT & DEFERRAL a) Encroachment permit and administrative fees will be waived for property owners who undertake installationtmaintenance without formal notice. Fees are applicable to cases in which the City (or its contractor) does the work and processes formal notices. b) The City will advance funds for installation or maintenance without interest if the property owner agrees to make payments over the course of 12 months and upon execution of a written payment agreement with the City. c) Property owners meeting low-income eligibility per the City's utility discount program (SHARE) may elect to defer maintenance costs until transfer of ownership with execution of a payment agreement. Fixed interest on the amount owed shall be established at the then -current Local Agency Investment Fund rate and accumulated interest shall be capped at 100% of the principal. d) The City Manager is authorized to establish procedures to implement this policy and to execute payment agreements pertaining to this policy and to file liens with the County Tax Collector and/or Recorder as appropriate to secure payment. VII. SVEWALK/BASEMENT ENCROACHMENTS a) New basement encroachments into the sidewalk area are prohibited. b) Existing basement encroachments shall either be abandoned by the property owner or be covered by an encroachment permit, issued administratively, in which the property owner assumes maintenance responsibilities and provides standard insurance coverage and certificates. c) When the City initiates replacement of adjacent curb, gutter and/or sidewalk as part of a capital improvement project, the City shall bear the cost of resetting serviceable basement access doors. The property owner shall provide a new door set, if necessary, and a structural "roof" for additional basement encroachments on which the City can install sidewalk. As an option, if the property owner elects to have a basement access/encroachment abandoned, the City will remove the access, backfill, and replace sidewalk and pay"for the necessary wall at the building foundation. d) When the City initiates replacement due to conditions which are the property owner's responsibility under the maintenance conditions described in the City's sidewalk repair policy, the property owner shall bear all costs for repairs except if the property owner abandons the basement access, then the City will participate as in c) above. e) The City Manager may authorize a one-time replacement of basement access doors, at City expense, in conjunction with circumstances described above within Zone A-1 of the Lodi Central City Revitalization Assessment District, 95-1, provided the property owner complies with Section b) above. GFCTRTnR qwr; nnr. ORM 71nF