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AGENDA TITLE: Review of City Sidewalk Replacement Policies and Downtown Sidewalks
MEETING DATE: May 5, 1999
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council discuss and give Public Works staff direction on City
sidewalk replacement policies, including Downtown sidewalks with
basement access doors.
BACKGROUND INFORMATION: The City has received a request from a Downtown property owner to
replace sidewalk along their frontage, which involves a set of
basement access doors. This request was prompted by a City
directive to the property owner to repair the sidewalk after we
received a hazardous -condition report. This request has raised a number of policy issues.
The City generally replaces public sidewalks under two circumstances. The first is when sidewalk is
replaced as part of a capital improvement project. This can range in extent from a major street -widening
project to something as simple as installing a ramp at an intersection. The second is when replacements
are done as part of our street and tree maintenance program. This maintenance work is guided by the
policy statement shown in Exhibit A. This policy is the City's implementation of California State Streets
and Highways Code Section 5610, which places sidewalk maintenance responsibility on the property
owner, but relieves the property owner of this responsibility under certain circumstances.
When the City receives a sidewalk liability claim or is put on notice of a hazardous condition, we check
the location versus the policy to see who should pay for any necessary repairs. The work done in the
Downtown Revitalization Project fell under the first circumstance. The project included replacing the
entire sidewalk on five blocks of School Street, and involved eleven sets of basement doors. The City
received approval from eight property owners to abandon those doors. The remaining three were
replaced as part of the project. The cost to abandon the eight was about $22,000. The cost to replace
three sets of doors was $18,000. This cost was included in the overall project, which was funded by the
City and the property owners; it was not charged to the specific property owners. (One location also
involved dealing with a large portion of a basement at the Hotel Lodi, which extended out from the
building. The property owner was directed to modify the basement to remove that portion at his expense
and the City replaced two sets of doors at the Hotel.)
As we look toward future capital improvement projects in the Downtown area, we have identified thirteen
additional basement doors and at least one location where a basement extends under the sidewalk with
no access door (Exhibit B). (We were alerted to this location when the tenant complained about leakage
from the street into the basement.) There may well be other locations where this encroachment occurs.
Based on the Downtown project prices, replacing the doors alone would cost roughly $78,000. Staff, on
APPROVED:
H. D
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04(27/99
Review of City Sidewalk Replacement Policies and Downtown Sidewalks
May 5, 1999
Page 2
one hand, feels the taxpayers should not subsidize an individual circumstance such as this. On the
other hand, the Downtown Revitalization effort is a community project and financial assistance in
improving sidewalks, including these doors, would be consistent with the Revitalization Program.
In light of the above, staff is formulating a policy with the following elements for Council consideration:
1) New basement encroachments into the sidewalk area are prohibited.
2) 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.
3) 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 if the property owner provides the necessary wall at the building foundation.
4) 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 3) above.
In addition, the Council may wish to grant some special consideration for properties on Pine
and Oak streets between Church and Sacramento streets. These properties were included in
Zone A of the Downtown Assessment District but these streets were not improved to the same
level of detail as School Street. To accommodate this, staff suggests the following additional
policy statement:
5) The City Manager may authorize a one-time replacement of basement access doors, at
City expense, in conjunction with circumstances described above, provided the property
owner complies with Section 2 above.
FUNDING: Street Fund
Richard C. Prima, Jr.
Public Works Director
RCP/lm
Attachments
cc: Street Superintendent
DLBP — Alan Goldberg
Jim and Nancy Waitley, Property Owner, 21 W. Pine St.
SWRPLCPOL&DWNTNSW.DOC 04/29/99
EXHIBIT A
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CITY OF LODI PoLiciEs AND
PUBLIC WORKS DEPARTMENT PRROCEDU E
R S
STREETS -6 I CURB, GUTTER & SIDEWALK REPAIR
I. NOTICE AND ACTION
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 3/4" are. considered minor and require no further
action.
II. SIDEWALK REPAIR
A. TEMPORARY PATCHING - The City shall place a temporary patch on sidewalks 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 has the responsibility to notify the City of any change in the
condition of the sidewalk or the patched area.
B. SIDEWALK REPLACEMENT - When vertical offset is greater than 1 1/2", 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.
Ill. CURB AND GUTTER MAINTENANCE
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.
IV. 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.
S. Root surgery on privately -owned trees is the responsibility of the property owner.
Resolution 95- opted y the City Council at its meeting of April 5, 1995.
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PPSTRT06.DOC
EXHIBIT B
CITY OF LODi
CENTRAL CITY
PUBUC WORKS DEPARTMENT BASEMENT ACCESS DOORS
IN SIDEWALK
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ELM ST
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Walnut St.
LODI AVE
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QBasement doors yet to be replaced
® Basement doors already replaced on
School St
Abramson printing basement under sidewalk
1) New basement encroachments into the sidewalk area
are prohibited.
2) 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.
3) 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 if and pay for the
necessary wall at the building foundation.
4) 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
3) above.
5) 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 2 above.
OHSWRPLCPOL&OWNTNSW.DOC 05/05/99
CITY COUNCIL
KEITH LAND, Mayor CITY OF L O D I
STEPHEN J. MANN
Mayor Pro Tempore
CITY HALL, 221 WEST PINE STREET
SUSAN HITCHCOCK
P.O. BOX 3006
ALAN S. NAKANISHI LODI, CALIFORNIA 95241-1910
PLAN S.A. PENN'INO
(209) 333-6706
FAX (209) 333-6710
April 29, 1999
Mr. Alan M. Goldberg, Vice President Jim and Nancy Waitley
Downtown Lodi Business Partnership 246 Almond Drive
P. O. Box 1565 Lodi, CA 95240
Lodi, CA 95241
H. DIXON FLYNN
City Manager
ALICE M. REIMCHE
City Clerk
RANDALL A. HAYS
City Attorney
SUBJECT: Review of City Sidewalk Replacement Policies and Downtown Sidewalks
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, May 5, 1999. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street. This item was
originally scheduled for the April 27, 1999, Shirtsleeve Session.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Alice Reimche, City Clerk, at 333-6702.
If you have any questions about the item itself, please call me at 333-6759.
'ULjd4?aV�'\
Richard C. Prima, Jr.
Public Works Director
RCP/Im
Enclosure
cc: City Clerk
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