HomeMy WebLinkAboutAgenda Report - May 15, 1985 (94)„5_
` CITY COUNCIL MEETING
MAY 15, 1985
Following introduction of the matter by City Manager
Peterson, and Council discussion, Council, on motion
of Mayor Pro Tempore Reid, Olson second, authorized the
initiation of a sidewalk deficiency inspection program and
authorized the necessary funding, $1,000 for the balance of
this fiscal year, for such a program.
FUNDS FOR SIDEMUZ
DEFICIENCY LNSPECTION
PROGRAM ALLOCATED
City Manager Peterson presented a request frcm Rebecca
Stone, Conflict Management Advisor of the Lodi Unified
School District for use of the Grape Bowl for a concert to
be held May 27, 1985 to raise funds for Ethiopia.
Following discussion with questions being directed to
Staff, Council, on motion of Council Member Snider,F.eid
second, directed Staff to work out the necessary
arrangements and prepare an appropriate agreement for the
holding of the subject concert in the Lodi Grape Bowl.
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ROUGH DRAFT (Council Communication)
TO: City Council
FROM: City Manager
DATE. May 3, 1985
SUBJECT: City's Sidewalk Maintenance Program
RECOMMENDED ACTION: That the City Council take the following actions.
1. Adopt a curb, gutter and sidewalk maintenance policy;
2. Initiate a formai inspection and inventory program of the City's
curb, gutter and sidewalks;
3. Establish a program to keep this inventory updated;
4. Incorporate the policy into the city code;
5. Establish a public relations program to publicize the new policy;
and
6. Allocate funds to enable the Public Works Department to purchase
equipment and hire personnel to correct the deficiencies which are
the City's responsibility.
BACKGROUND INFORMATION: Over the last few years claims against the City
for injuries and damages caused by deficiencies in the sidewalks have risen
drastically. Exhibit A shows the amount paid for settled claims and the
amount reserved for open claims from 1977 through March, 1985. Payments
made for 1977 through 1983 totaled approximately $10,000, whereas
settlements and reserved costs for 1984 and 1985 total approximately
$130,000.
Since it is estimated that 90% of the deficiencies in sidewalks are caused
by City -maintained trees, and new case law places the responsibil;ty for
damages in those circumstances on the City, a formal Curb, Gutter and
2
Sidewalk Maintenance Policy should be implemented. It should also be noted
that even when the damage is not caused by a City -maintained tree, under
the joint and several liability theory, cities in many cases are required
to pay the full amount of damages regardless of the minimum amount of
negligence attributable to them.
At the present time sidewalk repair and maintenance is the responsibility
of the property owner regardless of the cause of damage. However, there is
no formai inspection or notification to property owners to require repair
of hazardous sidewalk, so it is replaced only when the property owner
desires. The City does root surgery or removes City trees at the time the
property owner replaces damaged sidewalk. The City takes responsibility
for the replacement of damaged curb and gutter regardless of the cause.
In the following sections the above Recommended Actions will be discussed.
CURB, GUTTER AND SIDEWALK MAINTENANCE POLICY
It is recommended that the following items be included in a new curb,
gutter and sidewalk maintenance policy:
I. City be responsible for maintenance of all curb and gutter;
2. City be responsible for sidewalk replacement under the following
conditions:
a. Damage caused by City -maintained trees.
b. Damage due to grade subsidence.
c. Damage due to City utility cuts.
d. Sidewalk fronting city owned property.
e. Damage due to heat expansion.
� e:
3
3. Property owner be responsible for sidewalk and driveway apron
replacement for causes other than those mentioned in Item 2;
4. City be responsible for root surgery on City -maintained trees
where appropriate; and
5. City do temporary patching of sidewalks where deemed necessary.
Attached as Exhibit B is draft of the proposed sidewalk policy which more
clearly defines these items.
In formulating this policy, we surveyed the policies of nine cities. The
questions asked and the answers given as part of that survey are shown on
the attached Exhibit C. The City of Visalia completed a more extensive
survey of 140 cities throughout California to determine policies regarding
replacement of curb, gutter, sidewalk and driveway approaches. Visalia
found that 95% of the cities who replied removed and replaced curb, gutter
and sidewalk damaged by parkway trees. A copy of that survey is attached
as Exhibit D.
INSPECTION AND INVENTORY PROGRAM
To properly evaluate the existing status of the curb, gutter and sidewalk
l
throughout the City, a formal inspection program should be initiated.
Presently the Street Division receives notification of potentially
hazardous areas through citizen complaint, employee observation, or an
accident report. Many times the worst hazards are not observed or
reported. The inspection and inventory program would provide a systematic
scheduling of repairs according to the degree of hazard. In order to keep
6
4
this program functicnel, it would be necessary to make regular inspections
and to update the inventory as work is completed.
The City of Stockton is using a software program for the IBM Personal
Computer which keeps an inventory of the curb, gutter and sidewalk system.
They have offered the use of this program to us.
ORDINANCE ESTABLISHING CITY POLICY
The Streets and Highways Code provides for the maintenance of curb, gutter
and sidewalk. However, if a new policy is established, that policy should
become part of the City code. Our present policy is not formally
documented anywhere.
PUBLIC RELATIONS PROGRAM
When the policy on curb, gutter and sidewalk maintenance is adopted, it is
recommended that an ongoing public relations program be established. It
will be important that the property owners realize that the City is doing
an inventory, and that the City will be notifying property owners to
replace their sidewalk where damage has been caused by property owner's
tree. This program should also make property owners aware that it is their
responsibility to notify the City of significant changes in the condition
of the sidewalk, either where it has been repaired, or where the condition
of the sidewalk has changed. The public relations program shoe" I also make
property owners aware that an encroachment permit will be required when
replacing sidewalk, and that the new installation must conform to City
standards.
Fdl
Attached as Exhibit E is a brochure prepared by the City of San Leandro,
which gives information regarding San Leandro's sidewalk repair program.
Handouts similar to this could be given to new City residents, be
distributed by City employees, and be informational handouts in City
buildings.
Periodic messages could be placed on the utility bills as reminders to
residents to notify the City of changes in the sidewalk.
5
ADDITIONAL CITY PERSONNEL AND EQUIPMENT
It would be in the City's best interest to have City forces do the sidewalk
replacement where the City -maintained trees have caused damage. City
forces could also do the minor curb and gutter replacement. Contracts
would then only be issued for major curb, gutter and sidewalk replacement.
At this time it is not recommended that the City forces do any sidewalk
replacement for property owners.
Many cities have a curb, gutter and sidewalk crew. However, until the
initial inventory is completed, a detailed recommendation on manpower and
equipment cannot be made.
i
95000 D o 11 a r s
90000
85000
80000
75000
70000
65000
60000
55000
50000
45000
40000
35000
30000
25000
20000
55000
10000
5000
0
SIDEWALK CLAIMS
Settlement or Reserve Cost
c
0
0
Exhibit B
1401
CURB, GUTTER & SIDEWALK MAINTENANCE POLICY �p
Property owner or tenant shall report to the Street Superintendent
defective sidewalk in front of or along property owned or occupied bygf
him/her.
I. SIDEWALK MAINTENANCE
A. TEMPORARY PATCHING - The City shall patch sidewalk where there is
3/4 - 1 1/2 vertical offset or minor irregularities. This will be
done at no charge to.the property owner. The property owner or
tenant shall notify the City of any change in the condition or the
sidewalk or the patched area.
B...'^ SIDEWALK REPLACEMENT - Sidewalks shall be removed and replaced when
` Vertical offset is greater than 1 1/2".
1. Sidewalk replacement at City expense is done under the following
conditions:
a. Damage caused by Citi", -maintained trees
b. Damage due to grade subsistence
c. Damage due to City utility cuts
d. Sidewalk fronting City -owned property
P. gavage due to neat expansion
2. Property owner shall replace sidewalk and driveway apron 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.
1I. TREE MAINTENANCE
A. The City shall do root surgery on all City -maintained trees where it
is required. City shall also remove City -maintained trees when
necessary. This work will be done in conjunction with the
replacement of the sic' --walk.
B. The City shall perform preventive root surgery on City' -maintained
trees that have started to raise the sidewalk and do any temporary
patching that may he required. It is the property owner's t
responsibility to notify the City of any change in condition of the
tree or the patched area.
C. The City shall not do root surgery on any privately -owned trees.
III. CURB AND GUTTER MAINTENANCE
The City shall maintain all curb and gutter.
K:ITY OF LODI
}PUBLIC WORKS DEPARTMENT
;i
Fairfield Fresno Grass Valley Modesto
iR 3
•�„y Have formal sidewalk No No No No
inspection program
for
'
City is responsible
city tree damage
Sidewalk
Yes
Yes
No
Yes
z
Curb & gutter
Yes
Yes
Yes
Yes:
Driveway
Yes
Yes
No
Yes
'a
V
Who is responsible for
damage by PO tree
Sidewalk
PO
PO
PO
PO
Curb .& gutter
PO
PO
City
City3
Driveway
PO
PO
PO
PO
Wbo is responsible for
damage by unknown causes
S
9
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Sidewalk
PO
PO
PO
P0'
Curb & gutter
PO
PO
City
City
Driveway
PO
PO
PO
PO
t
City does root surgery
on City trees
Yes
Yes
No
Yes
on PO trees
No
No
No
No
City forces remove concrete
Yes
Yes
No
Yes
Son
City forces do concrete work
Yes
Yes
Yes
Yes
City makes temporary repairs
Nob
Yes
Sometimes
Yes
...... ...
.
°°
°°
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SIDEWALK POLICY
QUESTIONWAIRE
RECAP
:
city
PO
PO
PO
Poi
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•
PO
00
PO
PO
aolase,to
Santa -Rosa
Stockton
Visalia Woodland
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: Yea
No
Yea
No
No
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Po
PO
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` Xo50/50
cit .
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.
Yes
No
Yes
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Yea
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50/50
Yea
No
Yes
,
No
50/50
sidewalk
No
a
...... ...
.
°°
°°
PO
Poe
Po`
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:
city
PO
PO
PO
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Yes
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(
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No
No
No
Yes
red
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times
No
10
Yes
11
Yes
yea
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No
No
10
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Footnotes
1. City splits cost of repair with PO - 50/50
2. If settlement has caused problem, property owner pays only for materials
3. City does all curb repair
4. City does work but bills the owner
5. Unless it is determined that P.G.&E. or City ditch did the damage
6. City does not ordinarily make these repairs
7. By Parks Department
8. Spray with orange paint and notify owner to repair or City replaces
9. If it is over a water line trench, the City is responsible
10. For City tree damage
11. City does work, citizens billed for L,M,O
12. When work is contiguous to City's responsibility
13. Usually sends 2nd notice in 2 weeks, then does work, bills PO, then liens
14. Long-time billings. Council will work with PO on individual basis, some HUD
grants available through Housing Department
15. For the Community Development Block Grant work
16. Form assessment districts -- not really "special payment" plan
17. Mail letter plus card for response plus 2nd notice
18. PO can get their own conrtactor if they want
19. City does work and bills owner but no low interest
20. Only send letter if there has been a complaint
21. Paid up front
22. Only a portion of time - approximately 10%
23. 12 men - 1 month a year
Exhibit D
REPLACEMENT POLICY
CURBS, GUTTERS, SIDEWALKS & DRIVE APPROACHES
The City of Visalia has investigated a possible policy change in the removal and
replacement of broken and/or deteriorated curb & gutter, sidewalk and drive approaches.
We sent questionnaires to some 171 cities throughout California. We had an 82%
response. Three population categories were established: 13,000 - 30,000, 30,000 -
50,000 & 50,000 to 80,000 +. We did not consider either size or tax revenue, nor
did we break down cities located in urban and non -urban counties.
Tables A, B & C give the breakdown of replacement cost policies within the three
populaticn categories. Table D is a compilation of all 140 cities.
Several observations are in order:
1. Nearly all (95%) of the cities remove and replace curbs, gutters and sidewalks
damaged by parkway trees.
2. Some 84 cities do the removal work with their own crews. This keeps the replace-
ment costs down for the property owner.
3. 25% of the cities are also reviewing their replacement policies.
4. Chapter 22 & Chapter 27 of the 1911 Improvement Act are the tools used by most
cities in the reconstruction of curbs,•gutters, sidewalks and drive approaches.
The City of Visalia wishes to thank all the cities that helped us in our study.
Please feel free to contact us if we can help you in any way.
RUSSELL J. WEBBER'- PROJECT ENGINEER
X
-77
Fairfield Fresno Grass Valley Modesto Sacramento
Where PO is responsible
for repairs:
A.
City has formal method
Yes
Yes
{
,1
Yes
i
of notification
i
I
i�
B.
City arranges for work
i¥
Sometimes 12
X
-77
Fairfield Fresno Grass Valley Modesto Sacramento
Where PO is responsible
for repairs:
A.
City has formal method
Yes
Yes
Yes
Yes
Yes
of notification
B.
City arranges for work
Sometimes 12
Sometimes 12
No
No
Yes
and bills owner
C.
Have.formal procedure when
Yes 13
Lian
Lien
Lien
Lien
owner refuses to repair
Process
Process
Process
Process
D.
City has special payment
Yes 14
Yes 16
No
No
No
programs
How
many employees assigned to
3
715
--
?
3
C,
G SW repair and inspection?
No.
of street miles
200
1175
27
?
1090
PO = Property Owner
Lien process = constitutes notices,
City does work, etc. as required
in 1911 act.
TABLE A
15;000 - 30,OOC POPULATION
67 CITIES
REPLACEIENT
ITEM
CURB 6 GUTTER
1001 City Replacement
100% :timer Replacement
City/Owner Replacement
No Policy
SIDEWALK
100% City Replacement
100% Owner Replacement
City/Owner Replacement
No Policy
DRIVE APPROACH
100% City Replacement
100% Owner Replacement
City/Owner Replacement
No Policy
r TABLE B
30,000 - 50,000 POPULATION
43 CITIES
NO. OF % OF
CITIES CITIES
36
54%
26
39%
4
6%
1
1%
24
36%
39
58%
3
4%
1
1%
14
50
2
1
21%
75%
3%
1%
TABLE C
100% City Replacement
50,000 - 80,000+ POPULATION
1002 Owner Replacement
9
30 CITIES
1
No Policy
3
NO. OF
% OF
REPLACEMENT ITEM
CITIES
CITIES
CURB & GUTTER
City/0%,-ner Replacement
3
100% City Replacement
18
60%
100% Owner Replacement
10
33%
City/Owner Replacement
2
7%
No Policy
0
0%
SIDEWALK
57
41%
100% City Replacement
13
43%
100% Owner Replacement
13
43%
City/Owner Replacement
4
142
No Policy
0
O%
DRIVE APPROACH
31
22%
1001 City Replacement
9
301
100% Owner Replacement
20
67%
City/Owner Replacement
0
01
No Policy
1
3%
REPLACEMENT NO. OF X OF
ITEM CITIES CITIES
CURB & GUTTER
100% City Replacement
30
1002 Owner Replacement
9
City/Owner Replacement
1
No Policy
3
SIDEWALK
CITIES
100% City Replacement
20
100% Owner Replacement
17
City/0%,-ner Replacement
3
No Policy
3
DRIVE APPROACH
City/Owner Replacement
100% City Replacement
8
100% Owner Replacement
30
City/Owner Replacement
1
No Policy
4
TABLE D
70%
21%
2%
7%
46%
40%
7%
7%
19%
70%
2%
9%
TOTAL COMPILATION
140 CITIES
NO. OF
% OF
REPLACEMENT ITEM
CITIES
CITIES
CURB & GUTTER
100% City Replacement
84
60%
100% Owner Replacement
45
32%
City/Owner Replacement
7
5%
No Policy
4
3%
SIDEWALK
100% City Replacement
57
41%
100% Owner Replacement
69
49%
City/Owner Replacement
10
7%
No Policy
4
3%
DRIVE APPROACH
100% City Replacement
31
22%
100% Owner Replacement
100
72%
City/Owner Replacement
3
2%
No Policy
6
4%
TAidewal k in front of your home or busf�-
ness is public property. However, by State
law and local ordinance the owner of the
fronting property is responsible for main-
taining the sidewalk. This responsibility
includes repairing or replacing broken or,
displaced concrete that could result in
injury to someone using the sidewalk.
Street trees are a major cause of sidewalk
damage. In order to maintain an equitable
balance between individual responsibility'
for sidewalk repairs and the community -wide
desire to preserve trees, the City has
adopted a program in which the cost of
repairing street tree related damage is
shared. Also,.in order to minimize the
cost to individuals and the community as a
whole, damaged sidewalk need be replaced
only in.severe cases. These and the other
features of the City's sidewalk repair
program are described in more detail on the
following pages.
PUBLIC RIGHT�
OFF WAY
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HOW IS IT DETERMINED IF SIDEWALK REPAIRS
WILL BE REQUIRED?
When the City becomes aware of damaged side-
walk, an inspector will examine the area.
Using the following guidelines, the inspector
will determine if repairs or replacement will
be required and, if so, the nature of the
repair/replacement.
Concrete with less than 3/4" vertical
offset or other slight irrequ arities
No repairs are required. However, the
property owner is responsible for notifying
the City of any significant change in the
condition of the damaged sidewalk.
Concrete with 3/4" - 1h" vertical
offset or :ni nor i rregul ari ti es
The City will patch the affected area with
concrete at no cost to the property owner.
The property owner is responsible for
notifying the City of any significant
change in the condition of the patched area
Concrete with 11s" or qreater vertical
offset or major irregularities
The City will barricade 'or temporarily patch
the affected areas. The property owner is
then required to remove and replace the
.broken or displaced concrete.
Regardless of the degree of darage, when
sidewalk damage has been caused by the roots
of a street tree*, the City will attempt to
control further damage by root pruning.
Also, if the oroperty owner is required to
remove and replace sidewalk broKel, or dis-
placed by a street tree*, the City will usu-
ally pay one-half the cost of the work.
*A street tree is a tree located within the
public right of way as shown in sketch at
left.
71
IF YOU ARE REQUIRED TO REMOVE AND REPLACE
DAMAGED SIDEWALK, WHAT OPTIONS ARE
AVAILABLE FOR ACCOMPLISHING THE WORK?
Three options are available to property
owners in making concrete repairs:
1) You can choose to do the rork yourself
or by private contractor. However, if
the damage is street tree related and
the City is to pay for a portion of
the cost of the repairs, the work must
j be done by a licensed contractor (or
by the City's contractor under Option
i 2 or 3). In any case, a permit must
be obtained from the City before the
work is started. Also, a City
inspector will check to see that the
new concrete meets acceptable standards
of quality.
2) You can choose to have the work done by
the City's contractor by signing a
Request for Services form. This relieves
you from having to find and work directly
with a concrete contractor.
Also, by signing a Request for Services
form, the repair work will be scheduled
as soon as possible. A bill will be sent
to you for the repairs shortly after they
are completed. This avoids the delay and
complexities of the legal posting and
public hearing process described below.
3) If you choose not to use either of the two
options described above, the Cit will
proceed with the posting" process pro-
vided for in the Streets and Highways Code
of the State of California. This legal
process works as follows:
After barricading or temporarily patching
the affected areas and after the City
accumulates a sufficient number of locations
to be "posted" (approximately once every two
or three months) the property owners are
given a "Notice to Repair Sidewalk, Curbs or
Gutters". This notice consists of a post-
card sent to you in the mail and aiplacard .
placed on your doorstep. The date;of the
notice begins a two week period duping which
you can decide whether to arrange and pay
for the repairs yourself or to have the
City do the work. If you or your Contractor
do not apply for a permit to do thi work
within this two week period, the City's
contractor will automatically be sent orders
to do the required work.
After the work is completed but before you
are billed for the worK, you will receive
another notice in the same manner hs
described, above. This second notiee is
to inform you that a public hearing will
be held (during a City Council meeting)
at which time any objections or pr tests
concerning the cost of the require
repairs will be heard. If you wish to
protest, you may do so in person at the
hearing or in writing prior to the hearing.
If no protest is received or the City
Council overrules the protest, yon will
receive a bill from the City Finance
Office. If the damage is street tree
related, you will be billed.for yolur
portion only.
The Notice to Repair Sidewalk, Curbs or
Gutters and`a subsequent billing state-
ment contain a warning about a possible
lien on the property. This warnidg is
included because once a year unpaid
bills due the City are sent to th
County Assessor and the unpaid a,munt
then appears on the property tax till.
If the bill is not paid with the t1axes,
it becomes delinquent in the same)
manner as a tax"and with the same�con-
sequences..
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, is ;.....�....�
xhibit
WHAT UT DAMAGED IMPROVEMENTS IN THE �
PARlaI Y STRIP? General information answeks
to commonly asked questions
Frequently, the area between the sidewalkregarding the
and curb (commonly called the parkway ;
strip) has been filled with concrete, brio s
or other surface improvements. If these CITY OF SAN LEANDRO
improvements are broken or displaced the
City will not require their removal or , SIDEWALK REPAIR
repair except where:
1) The adjacent sidewalk cannot be pro-
perlyPROGRAM repaired unless the parkway
strip improvements are removed.
2) The damage is in an area of high
pedestrian use, such as at a mid-bloU.
crosswalK, in which case it will nor-1�
mally be treated like sidewalK.
3) Any other condition exists which pre
Bents a high risk of injury to the {
publ ic.
Even if not required, when sidewalk repairs
are made the property owner may want to cc;i-
sider removing or replacing the damaged
parkway strip improvements in order that
those improvements will conform with the
new sidewalk. The property owner is
responsible for all costs related to
improvements within the parkway strip.
LBAGUE OF CALIFORNIA CITIES
1400 K Street
Bacramon:,o, California 95814
RETURN IN 2 WEEK$ PIXASE
For further information contact the
City Sidewalk Inspector at 577-3408
H