HomeMy WebLinkAboutItem 4.03 AmendPubWksMaintPlcy (2)
CITY CLERK
File # D~~[Cl]{2]OJ
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 2,1997
SUBJECT:
Amended Public Works Maintenance Policy
Report prepared by: Lee S. Thompson" Public Works Director
EXHIBITS ATTACHED:
1)
2)
Resolution
Draft amended policy
RECOMMENDATION: ~dOPt resolution
FINANCIAL STATEMENT:
None associated with adoption of policy
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DESCRIPTION: In 1990, the City Council adopted "Public Improvement Maintenance
Policies." This document contains policy information regarding responsibility and guidelines for various
maintenance activities such as tree trimming, weed abatement, beautification, drainage, sidewalk repair,
street maintenance, street sweeping, signs on public property, construction debris, street lights and traffic
signals, street signs, water leaks, and emergency call outs.
Since that time, some situations have changed which warrant updating this policy. Proposed deletions are
shown as strikethrough too in the attached draft amended policy, and proposed new language is shown as
bold italic. Following are the occurrences that generated the proposed changes:
Page 4 - Street SweqJing and Trash Receptacle Pickup: The City. owned trash receptacles were
formerly serviced by the City's street sweeping contractor, but are now emptied by Livermore Dublin
Disposal under the garbage franchise. The frequency at which the receptacles are emptied depends on the
need of the specific area, and Staff periodically requests that frequencies be changed to meet demand.
Page 5 - Posting on Public Property: The City adopted new regulations pertaining to real estate
open house signs which should be reflected in the maintenance policy. No other changes are proposed at
this time.
The City Council recently inquired as to disposition of illegally-posted signs that are picked up by the
maintenance department. The policy has been and continues to be that paper or cardboard signs are
disposed ot: and wooden, metal, or plastic signs, which are generally re-usable, are retained at the .
Corporation Yard for a period of at least 30 days. The owners of such signs may make arrangements to
pick them up from the Corporation Yard. There is no cost, and the sign owners are given a copy of the
. ordinance so that they understand why the signs were picked up.
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Page 5 - Street Lights: At the time the policy was written, PG&E still owned and maintaine4
most of the lights. The City has now acquired all of the lights on public streets, and the policy is proposed
to be changed to indicate this. As a point of information, the street lighting on private streets is generally
still maintained by PG&E through an arrangement with the individual homeowners' associations or
apartment managers.
Page 6 - Street Signs: , The traffic ordinance has been modified so that Staff may approve stop signs
and yield signs which meet adopted warrants. It should be noted that any signs which are potentially
controversial are brought to the City Council for review whether. the warrants have been met or not.
As noted in the disclaimer on the front of the document, these policies may be affected by availability of
Staff and/or funding to perform the work. Staff recommends that the City Council adopt the resolution
approving the amendment to the Public Works Maintenance Policies.
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Page 2
RESOLUTION NO. - 97
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A RESOLUTION OF THE CITY COUNCn..
OF THE CITY OF DUBLIN
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ADOPTING AMENDED PUBLIC WORKS
MAINTENANCE POLICIES
WHEREAS, the City"bfDublin adopted Public Works Maintenance Policies in February of 1990;
and
WHEREAS, the circumstances surrounding performance of work under certain of those policies
have changed since the policies were originally adopted;
NOW, THEREFORE, BE IT RESOL YED that the City Council of the City of Dublin hereby
adopts amended Public Works Maintenance Policies attached as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 2nd day of September, 1997.
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AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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(EXHIBIT "A" OF RESOLUTION)
****** DRAFT *****
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CITY OF DUBLIN
PUBLIC IMPROVEMENT MAINTENANCE POLICIES
ADOPTED FEBRUARY 12, 1990
CITY COUNCIL RESOLUTION NO. 16-90
AMENDED SEPTEMBER 2, 1997
CITY COUNCIL RESOLUTION NO. -97
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The following policies are establishad guidelines for the City's maintenance responsibilities and procedures on public rights-of-
way and for public facilities.
The adoption of these policies is not intended to create a new or different standard of care against which the City's actions or
omissions may be measured for the purpose of determining liability. These policies should not be construed to create liability
on the part of the City where none previously existed, nor shall these policies be construed as a waiver of immunities or claim
presentation requirements under the California Tort Claims Act. The performance of maintenance and repair as set forth in
these policies is subject to the City's actual or constructive knowledge of a defect or dangerous condition, giving rise to the
need for such maintenance and/or repair, the appropriation of funding for the maintenance and/or repair if additional funding
is required, and the availabl7ity of City Staff to perform the maintenance and/or repair.
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TREE TRIMMING
RESIDENTIAL
1. The residential tree trimming program is designed to provide right-of-way clearance of eight (8) feet above
the sidewalk and sixteen (16) feet above the street.
2. Only trees that are at the edge of the front yard (or side yard on a corner lot) are included in the City's
annual tree-trimming program. No other private property trees will be trimmed by the City.
3. Trimming will be limited to branches on the street side only.
4. Notices will be delivered to residents whose trees are on the list approximately two weeks before the
trimming is done. Residents will have an opportunity to do their own trimming if they wish.
5. The maintenance department will do a survey and compile a list of trees needing trimming for right-of-way
clearance. During the course of the year, residents may request to have their trees placed on the list for
evaluation.
6. The property owner is responsible for any damage that occurs as a result of a fallen tree or broken limb.
The maintenance department may determine that a tree needs trimming immediately in order to alleviate a
potential hazard over the public right-of-way. The maintenance crew may elect to do this trimming but will
only remove growth that presents a hazard to the public right-of-way.
7.
Diseased trees are the responsibility of the property owner. The County Agricultural Commissioner is able
to provide information regarding pesticides and disease control.
8. Trees on private property that need to be removed are the responsibility of the property owner. If a tree in
a planter strip is causing sidewalk damage and the property owner requests that the tree be removed, the
City will remove it at no cost to the property owner.
9. Bushes or shrubs that grow over the right-of-way are the responsibility of the property owner. Action will
be taken on a complaint basis only. The property owner will be given notice that trimming is needed; if the
property owner does not trim, the maintenance crew will do the trimming.
CITY-OWNED TREES OR TREES WITHIN MAINTENANCE EASEMENTS
1. City-owned trees located in sidewalk tree wells or in street medians on major arterials will be completely
maintained by the City maintenance crew or its subcontractors, including, but not limited to, trimming,
watering, fertilizing, and spraying for pest control. The cost of said maintenance will be paid by the City.
2. Privately-owned trees located within maintenance easements in maintenance assessment districts will be
completely maintained by the City maintenance crew or its subcontractors, as defined in Item 1 above.
The cost of said maintenance will be paid by the property owners within the maintenance assessment
district.
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WEED ABATEMENT
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Weeds that grow in the medians or other City right-of-way areas or that are in maintenance assessment district
areas will be removed by the City. Weeds that grow on private property are the responsibility of the property
owner and may be required by the Fire Department or Zoning Investigator to be cut in accordance with City
ordinances.
DRAINAGE
1. Drainage that originates on a City street or on City property will be maintained by the City. This includes
drainage that runs across private property in pipes for which there is an easement. Drainage originating
from private property, or private drainage passing through private property, is the responsibility of the
property owner.
2. The City has an annual catch basin cleaning and flushing program for storm drain catch basins within the
public right-of-way. If a resident reports a catch basin that is emitting an odor or otherwise needs
cleaning, the maintenance crew will respond. Catch basins and drainage inlets on private property,
including, but not limited to, those within parking lots, are the responsibility of the private property owner.
3.
Catch basin grate repair for City-maintained lines is a regular program through the Maintenance
Department.
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4.
Maintenance of private property concrete or earthen v-ditches or channels is the responsibility of the
property owner (see Watercourse Ordinance No. 52-87). V-ditches within maintenance easements in
maintenance assessment districts shall be maintained by the City, and the cost of that maintenance will be
paid by the property owners within the maintenance assessment district.
5. Channels which belong to or lie within easements dedicated to the Alameda County Flood Control District
(Zone 7) will be maintained by the ACFCD.
SIDEWALK AND CURB AND GUTTER REPAIR
1. The City has an annual sidewalk repair and maintenance program that is designed to eliminate hazardous
sidewalk areas. This policy is a courtesy to residents and has been implemented on a one-year-at-a-time
basis per City, Council approval; maintenance of sidewalks is the legal responsibility of the property owner
according to the 1911 Street Improvement Act.
2. Residents that report hazardous sidewalk areas will be advised that a City inspector will determine
whether their sidewalk may be put on the annual repair list. The maintenance department may provide
temporary ramping if the situation warrants. However, the property owner is still legally responsible if an
accident occurs as a result of the hazard, and if they wish to repair it sooner themselves, they may do so
according to City specifications and by obtaining an encroachment permit.
3.
Sidewalk that is damaged as a result of the residenfs actions (such as driving a heavy vehicle over it)
must be repaired at the property owner's expense.
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STREET SURFACE MAINTENANCE
1.
Pothole patching and emergency repair on public streets will be performed by the City's maintenance
department. Temporary repair will be made within 24 hours of receiving notice that such repair is needed.
Permanent repair will be accomplished as soon thereafter as possible.
The City's pavement management program provides for regular repair and asphalt overlay or slurry seal of
City streets. Slurry seal is scheduled on a five- to seven-year cycle. Street overlay is programmed based
on the severity of the street distress and the available funds budgeted.
2.
STREET SWEEPING AND CITY TRASH RECEPTACLE PICKUP
1. Street sweeping is provided by the City on a regular basis. The City is divided into five sweeping zones,
and each zone is swept on a specific day of the week. The residential areas are swept on the second and
fourth weeks of the month and may be swept more often during the heavy leaf fall season as determined
by the Public Works Director and/or Maintenance Superintendent. The commercial areas are swept
weekly. Residential streets are swept during the day, beginning early in the morning; the commercial
districts are swept at night.
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2.
The sweeper will attempt to clean all streets. including courts, unless prevented from doing so by parked
cars or other obstructions. During the fall, the sweeper will remove leaves that fall naturally into the street
and/or gutter but is not required to pick up leaves originating in yards which have intentionally been piled
in the street by residents. Responses to complaints will be handled by the sweeping contractor and the
results reported to the Public Works Director.
3. The Public Works Director or his designee will determine whether an emergency sweeping callout is
necessary.
4. Street-side trash receptacles on major arterials, bike/pedestrian paths, and bus stops not having bus
shelters will be emptied on at least a weekly basis by the City's street sweeping contr::u;:tsr (twico ::1 week
sr as needed dblriFlg the Decem90r hslid:lY se::1E:on) Livermore Dublin Disposal. More heavily used
cans will be emptied as needed.
5. The Livermore/Amador Valley Transit Authority is responsible for emptying trash receptacles located at
the bus stops which have bus shelters.
BEAUTIFICATION AND CLEAN-UP
The maintenance crew will pick up litter or any other material in the right-of-way along non-residential streets. If
the person who dropped the material can be positively identified, he or she may be required to clean it up or be
billed and/or cited; otherwise, this is done at City expense. Litter pickup is done on a regular basis as part of the
beautification program but may also be done on a callout basis if the material represents a hazard.
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The maintenance crew will also perform litter pickup services within maintenance easements in maintenance .
aSSeSsment districts. The cost of this service is paid for by property owners within the maintenance assessment
districts.
POSTING ON PUBLIC PROPERTY/REMOV AL OF ENCROACHMENTS
1. City Or:diR3nco Ns. 16 gQ providoE that PQEtiRg on I'll:lblis prspsrty it prohibitsd. Thit inc:ll:ldes 1"031 sEtate
EigRt, gaF3go sale EigRE, am1 :lRy otAer petters, n:lRsbillE, ote:., that are tyfliS:llly pl::u:ss in the pl:lblis right
of W:ly (sis9l.':alk, street medisFI, Ensblldsr of rsad, street Iigf:Jt, or utility flQlos, or any cthor publiG property).
Thie Ordin3m:o was enaGtos beC3l:lEO tho plac:emoRt of EignE iR tAS right of W3Y C::Jn impeso vitibility or
otRerwise be hazardous to psdostrians sr motoriEtE.
1. Municipal Code Section 7.04.070 provides that posting on public property Is prohibited, except
that real estate open house signs may be located in the public right of way under certain
conditions and on specific days at the week per Muncipal Code Section B.OB.050(K). Other types
of signs, such as garage sale signs, posters, handbills, etc., that are typically placed In the public
right-at-way (sidewalk, street median, shoulder at road, street light, or utility poles, or any other
public property) are prohibited at all times. This Ordinance was enacted because the placement of
signs In the right-at-way can Impede visibility or otherwise be hazardous to pedestrians or
motorists.
2.
The Maintenance Superintendent may remove, or cause to be removed, signs or other encroachments
that have been placed or posted on public property. Signs will be removed on a complaint basis or if the
maintenance crew is working in the area and sees a sign in the public right-of-way.
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3. Paper or cardboard signs will be disposed of immediately. Wood, plastic, or metal signs will be retained at
the Corporation Yard for a period of thirty (30) days following pickup and then disposed of.
CONSTRUCTION DIRT AND DEBRIS
Dirt, mud, or debris left in the right-of-way by a contractor is to be cleaned up by that contractor. He will be given
adequate time, as determined by the Public Works Director, to clean the street himself, if it is possible to notify
him. If he does not, the City maintenance crew may clean the street and charge the contractor according to the
fee schedule for emergency callouts. Emergency situations will be handled aUhe discretion of the Public Works
Director or his designee.
STREET LIGHTS
1. Tho bulk Qf streot Iight& :JRd PQlot are m:JiRt:ainas by PGtE, oRd all :tra paid for thr~ughtol:1 City'& etreet
light maintoRanGo 3sssssmeRt sittrict.
2.
Tho drest lightE iRstallsd 3S l'l:Jrt raf City impro'lomeRt COfltF3stE are m3int3inOQ by tJ:1e City il"l&Qfar 3S
d:Jm:age to the f.lQle, b:tEo, or ll:lmiRaire it sORcemod. TAe p:uty rG&poRsible fer d3m:JgiRg tho ttr90t IigtJt
will be r.eql:lir-eg to f.l:Jy the S9st of it& r-eplac:emont. enor'9Y for &treet light& it prsvissd by PGtE :tnd paid
fgr thrsugAtJ:1e City't stroot light m:JiRten3Rse aSSS&&FRORt di&triGt.
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