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HomeMy WebLinkAbout7.2 SidewalkRepairPlcy . .. " c ... -- e CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: April 12, 1993 SUBJECT: Sidewalk Repair policy - Fiscal Year 1992-93 Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: /Resolution and policy Statement b) Adopt resolution establishing sidewalk repair policy for Fiscal Year 1992-93. This would continue the existing policy of the City paying for the sidewalk safety program through the end of this fiscal year. OR Direct Staff to prepare a policy in conformance with the State Streets and Highways Code, in which property owners would be responsible for repairing their own frontage sidewalk improvements for the 1992-93 Fiscal Year. RECOMMENDATION: la) ~.2) Direct Staff to prepare a policy for Fiscal Year 1993- 94 requiring property owners to repair their own frontage sidewalk improvements in conformance with the State Streets and Highways Code. ", The total budget for the 1992-93 Sidewalk Safety Repair Program is $50,000. $37,000 of this amount is projected to be spent for the remove and replace project which is presently out to bid. The remaining $13,000 is projected to be spent for a sidewalk grinding project which would involve grinding down small sidewalk offsets. FINANCIAL STATEMENT: DESCRIPTION: At the March 8th meeting, the city Council authorized Staff to advertise for bids for the remove-and-rep1ace portion of the 1992-93 Sidewalk Safety Repair program. A decision was not made at that time regarding the source of funding for the project, as further information regarding revenues is to be presented at the April 12th meeting. The bid opening date has been delayed from April 6th until April 19th so that the City Council will have an opportunity to determine whether the 1992-93 project will be funded by the City or by property owners. The Improvement Act of 1911 (Section 5600 et. seq. of the State Streets and Highways Code) provides that adjacent property owners are responsible for the upkeep of the sidewalk which fronts their properties. The City of Dublin has had a Sidewalk Repair Program since 1983 which has funded approximately $40,000 in repairs each year. The policy has been renewed on an annual basis at the time that the sidewalk repair project was advertised for bids. In the course of discussing possible cost savings for both the 1992-93 Fiscal Year and future years, the sidewalk repair program was identified as an expense that could be borne by property owners rather than the city. The State Streets and Highways Code provides a procedure which must be followed. The City must provide at least 14 days' advance written notice to the property owners that improvements need to be made, listing the cost, and specifying that if the repairs are not begun within 14 days and completed in a timely manner, the City will make the repair and the cost, if not paid within a specified time, will become a lien on the property. Staff is requesting direction from the City Council as to whether the change in the sidewalk repair policy will commence in 1992-93 or in 1993-94. Because of the time required for noticing, the fact that little or no publicity has been issued ::::-::~~-------::::::-::~---------------------------~~:~-'T~~~f~~(21 # - e regarding a possible change in policy, Staff's recommendation is that the policy change be made effective for 1993-94. A number of residents whose sidewalks were temporarily repaired to alleviate a tripping hazard last year are expecting the city to make the permanent repair, and to advise them now that the city will not pay for the repair may cause an adverse reaction. In order to prepare for the policy change for 1993-94, staff is proposing to place an article in the upcoming issue of the City Newsletter and generate press releases for local publications. Staff recommends that the City Council (1) adopt the resolution establishing a sidewalk repair policy (City-paid) for 1992-93 OR (2) direct Staff to institute a policy for 1992-93 which would require property owners to fund the repair of sidewalk fronting their property. a: \ sidewalk \ agstplcy ",~ Page 2 I It e RESOLUTION NO. -93 A RESOLUTION OF THE CI~Y COUNCIL OF THE CITY OF DUBLIN ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS 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, BE IT RESOLVED that the City Council of the City of Dublin establishes a policy of the City of Dublin for Fiscal Year 1992-93 entitled "Annual Sidewalk Repair Program." PASSED, APPROVED AND ADOPTED this 12th day of April, 1993. AYES: NOE S : "'- ABSENT: Mayor ATTEST: City Clerk a:sidewalk\resoplcy I e e POLICY FOR THE CITY OF DUBLIN ANNUAL SIDEWALK REPAIR PROGRAM for Fiscal Year 1992-1993 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 improvements which may constitute a potential tripping such as curbs, gutters, driveways, and sidewalks. shall be limited to those hazard to pedestrian traffic Need: Where these improvements have settled, heaved and/or represent a tripping hazard as identified by representative, these improvements shall be replaced. cracked and offset such as to the City Engineer, or his Responsibility: Where it is apparent that the damage to improvements has been caused by natural causes such as tree roots, utility trench settlement or soil heaving, 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 prOl;lerty. ,- Time Limit of Policy: This policy shall be in effect for the Fiscal Year 1992-93 and thereafter be reviewed for extension, modification, or replacement. Leqal Responsibilitv: The City of Dublin, in adopting this policy, does so as an accommodation to property owners who find it difficult to hire their own contractors to make these necessary sidewalk repairs. The City will let one contract for the 1992-93 Fiscal Year and repair those defective sidewalks which have been brought to the attention of the City by the property owners (or others) and that have an offset of oyer three- quarters inch (3/4") measured vertically. The existence of this program does not abrogate the responsibility of the property owners to maintain their frontage improvements in a safe manner under Section 5610 of the California Streets and Highways Code. a:sidewalk\93policy