HomeMy WebLinkAboutAgenda Report - January 20, 2010 J-02AGENDA ITEM
AN CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDA TITLE: Provide Direction to Staff to Resolve Unpermitted Sidewalk Removal at
1032 Laurel Avenue
MEETING DATE: January 20,2010
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Provide direction to staff to resolve unpermitted sidewalk removal at
1032 Laurel Avenue.
BACKGROUND INFORMATION: Mrs. Sharon Hughes, the property owner of 1032 Laurel Avenue,
removed the sidewalk and replaced it with grass in approximately
October 2008, in response to the City of Lodi's order to repair the
damaged sidewalk fronting the property. This work was performed
without securing an encroachment permit from the City that is required when any work is performed within
the City's right of way. Under the City's existing sidewalk policy, the repairs are the property owner's
responsibility because there are no City street trees which could have caused the damage. In removing
the sidewalk without an encroachment permit, Mrs. Hughes violated Lodi Municipal Code Section
12.04.060. Mrs. Hughes requests permission to purchase the street right-of-way along her property at the
end of the cul-de-sac that fronts Lodi Lake in lieu of replacing the sidewalk. The attached exhibits present
information regarding the conditions at this location.
The parcel at 1032 Laurel Avenue is located at the north end of Laurel Avenue, at which location the public
street narrows to 11 feet in width. At this location, the 11 -foot -wide street has the appearance of being a
private driveway, even though it is public right of way. The public right of way ends at the north property line
of the parcel at 1032 Laurel Avenue. There are two parcels with homes located north of 1032 Laurel Avenue
to which access is provided by a shared private driveway.
Staff considered several options, outlined below, to resolve the issue of whether or not to force
replacement of the sidewalk upon the property owner. Staff requests Council direction by selecting one of
the three or an alternative option before proceeding.
1) Order the property owner to replace the sidewalk and, if the work is not completed, the City will
replace the sidewalk and will then seek reimbursement as provided for by City policy and the
Streets and Highways Code.
2) Sell the right-of-way to the property owner at its appraised value with a requirement that a
private access easement be provided to the benefit of northern neighbors.
3) Offer to exchange the right-of-wayfor handicap ramp improvements at the corner of
Laurel Avenue and Turner Road, consistent with past City practice of exchanging right-of-way
for improvements, and provide a private access easement as required in Option 2.
Staff would not normally consider the latter two options, but given the nature of the existing cul-de-sac,
neighborhood complaints about parking abuses on Laurel Avenue and the pre-existenceof a private drive
APPROVED
KAWP\C0UNCIL\10\1032 LaurelAve.doc
Blair ti _ . Citv Manager
01/14/2010
Provide Directionto Staff to Resolve Unpermitted Sidewalk Removal at 1032 Laurel Avenue
January 20,2010
Page 2
already on the northernmost house on Laurel Avenue, a transfer of the right-of-way may be appropriate in
this unique case.
FISCAL IMPACT: Potential income/in-kind improvements to Street Fund and potential appraisal
cost.
FUNDING AVAILABLE: None identified.
F. Wally §15andelin
Public Works Director
Prepared by Curtis Juran, Assistant Streets and Drainage Manager
FWS/CJ/dsg
Attachments
cc: D. Stephen Schwabauer, CityAttomey
Curtis Juran, Assistant Streets and Drainage Manager
K:\WM000NCIL\10\1032 LaurelAve.doc 01/14/2010
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The City of Lodi
Public Works
Streets Division
1032 Laurel Avenue
Agenda Item J - 2
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Alternatives
•Property owner replaces sidewalk ($4,000)
• Sell property owner right of way
• Exchange
right of way for ramp
improvements at Turner Road
lntarwvon ug Lauri Ave. $ Turner
Rand, poadble a�L- for handicap
Questions