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HomeMy WebLinkAboutItem 8.3 DrftPolicySdwlkRpr84-2 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 28, 1983 SUBJECT : Sidewalk Repair Program 84-1 EXHIBITS ATTACHED : Draft Policy for Fiscal Year 1983-84; Draft Resolution RECOMMENDATIO~ FINANCIAL STATEMENT: See below Estimated cost of implementing this program for 1983-84 - $100,000. An additional appropriation from the Street Improvement Reserve would be required. DESCRIPTION : BACKGROUND Sidewalks, curbs, and gutters need periodic maintenance due to tree root damage, utility trench settlement, and the driving of heavy vehicles over ~hese improvements. When these improvements crack and offset, a tripping ~ --'ard is created. The State Improvement Act of 1911 established that it is the responsibility of the property owner to maintain those public improvements (curb, gutter, sidewalk) which front the individual property owner's property. Many of the Cities do utilize this provision of the state law and undertake both an annual sidewalk survey and an active enforcement program to ensure that damaged frontage improvements are replaced at the expense of the private property owner. Most property owners are not aware of their responsibility as spelled out in the 1911 Act and often contend that these public improvements are for public use, and the damage is typically caused by street trees, which the public agency reviewing the original development or subdivision, required as a condition of development for aesthetic reasons. In reality, public agencies still often end up paying liability claims resulting from sidewalk tripping hazards due to the "deep pocket" concept adopted by much of the judicial system in California. ALAMEDA COUNTY POLICY The County of Alameda had an active survey and enforcement program with respect to sidewalk maintenance until Proposition 13. Since that time, the County has done little or nothing except make temporary sidewalk repairs due ~ budgetary constraints. As a result of the County's inability to fectuate sidewalk repair, there is a substantial number of sidewalk repairs required throughout the City. SURROUNDING CITIES POLICIES Staff has contacted the Cities of Livermore and Pleasanton to determine methods utilized to accomplish sidewalk repair. The City of Pleasanton identified the areas where sidewalk has been damaged by street trees. Each year the Council appropriates monies to conduct repairs. However, the amount appropriated has only been sufficient to repair a minimal number of areas during the two years since the program was adopted. Any repairs which are not caused by street trees are the responsibility of the homeowner. They do not have an active enforcement program for those problems which are ~he responsibility of the property owner. COPIES TO: 8.d The City of Livermore has an annual repair program which responds to specific complaints or major breaks in the concrete. The City maintains a list of problem areas and once a year the corrections are made. This requires providing a notice to the property owner. Also, the property is posted and a public hearing is held. The City then goes to bid and arranges for the repairs to be completed. The property owner can then pay the cost of the improvements, or they are placed on the tax rolls. CITY OF DUBLIN PROPOSED POLICY As part of the City Council's 1983 Goals and Objectives Implementation Plan, the City Council requested Staff to develop a policy for the maintenance of sidewalks and to develop a budget to undertake an adequate sidewalk repair program. Staff has prepared a policy for maintenance of sidewalks, surveyed all damaged sidewalks throughout the City, and develoPed a budget for replacing and repairing these sidewalks. Staff has prepared a policy in which the City would pay for the cost of repairing damaged curbs, gutters and sidewalks, where it was clear that the damage was not caused by the property owner's actions (i.e. installing a side driveway, driving over the sidewalk, etc.). In those cases where the action was caused by the property owner, the City would put the property f~ner on notice to repair or replace the sidewalk and other improvements. the property owner does not comply within a reasonable time, the City will repair the sidewalk and place a lien against the property for the cost of repair along with any associated administrative costs. The Engineering Staff has conducted a sidewalk survey of all sidewalks throughout the City, identifying approximately 200 locations which require sidewalk and/or curb and gutter repair. This represents an accumulation of approximately five years of damaged sidewalk, due to the lack of any sidewalk repair program. The City Engineer has estimated that it will cost approximately $100,000 to replace and repair all of the damaged sidewalk. Since no funds were included in the 1983-84 budget, an additional appropriation from the Street Improvement Reserve would be required to undertake the project. The ongoing sidewalk repair program would cost approximately $~0,000 per year in order to keep up with walk damaged in the future. By undertaking a survey of the damaged walk the City has in effect given itself notice that a hazard exists on public property. To avoid potential liability for injuries resulting from sidewalk hazards, the City must either: Adopt the above policy and undertake a repair program; or Adopt a policy similar to other cities and undertake an active enforcement program which requires the personal property owners to undertake the repairs in accordance with state law. RECOMMENDATION Given the costs of administering an enforcement program and the bad will generated from such a program, it is Staff's recommendation that the City Council adopt a resolution establishing a sidewalk repair program policy, authorize an additional appropriation from the street improvement reserve in the amount of $100,000, and authorize the City Engineer to-proceed with preparation of plans and specifications. RESOLUTION NO. 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZkRDS WHEREAS, public improvements such as curbs, gutters, driveways, and sidewalks sometimes become damaged due to natural and man made causes; and WHEREAS, these damaged improvements sometimes become tripping hazards to pedestrian traffic; and WHEREAS, it is in the best interest of safety to have these hazards eliminated. NOW, THEREFORE, BT IT RESOLVED by the City Council of the City of Dublin to establish a policy of the City of Dublin for Fiscal Year 1983-84 entitled "Annual Sidewalk Repair Program". PASSED, APPROVED AND ADOPTED this 28th day of November, 1983. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk POLICY OF THE CITY OF DUBLIN for Fiscal Year 1983-84 Annual Sidewalk Repair Program It is the policy of the City of Dublin to cause repairs to be made to certain public improvements for the safety of the general public under the following guidelines: Improvements Included Public improvements included under this program shall be limited to those improvements which may constitute a potential tripping hazard to pedestrian traffic such as curbs, gutters, driveways and sidewalks. Need Where these improvements have settled, heaved and/or cracked and offset such as to represent a tripping hazard as identified by the City Engineer, or his representative, these improvements shall be repaired. Responsibility Where it is apparent that the damage to improvements have been caused by natural causes such as tree roots, or utility trench settlement, the City of Dublin will .pay for the cost of repair. Where it is apparent that the property owner fronting the damaged improvement has caused the damage such as, driving vehicles into a side yard; the property owner shall be responsible for the repair. The City Engineer shall establish a procedure whereby the property owner will be notified of the needed repair, and if not done in a specified reasonable time, he shall cause the repair to be made and the cost of repair, together with reasonable administrative costs, shall become a lien against the property. Time Limit of Policy This policy shall be in effect for the fiscal year 1983-84 and there- after be reviewed for extension, modification or replacement.