HomeMy WebLinkAboutStaff Report 5.A 01/28/20085A
CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
January 28, 20
Agenda Title:
Meeting Date:
January 28, 2008
Sidewalk Program Discussion and Direction
Meeting Time: M 3:00 PM
❑ 7:00 PM
Category: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ❑ Unfinished Business M New Business
Department:
Dirctor:
Contact Person:
Phone Number:
Public Works
Vice
Craig Spaulding
778-4466
�engo
Cost of Proposal: $100,000
Account Number:
To be determined
Amount Budgeted: FY 07/08 mid -year budget adjustment
Name of Fund:
To be determined
Attachments to Agenda Packet Item:
1. Municipal Code Chapter 13.10 "Duty of Property Owner to Maintain Sidewalks and Public Street
Landscape Planters"
2. Resolution 92-08 N.C.S. "Resolution Approving Sidewalk Maintenance Program"
Summary Statement:
The Public Works Department is proposing to re-establish a sustainable sidewalk maintenance program.
Maintenance of the sidewalk area is primarily defined by Municipal Code Chapter 13.10 and Resolution 92-08
N.C.S. Staff is presenting and asking for City Council direction regarding options for funding, repair schedules,
cost sharing and cost recovery.
Recommended City Council Action/Suggested Motion:
Review alternatives and provide direction to staff.
viewed bv Admiuo Svcs. Dir:
I Reviewed bv City Attornev:
A rove r Manager:
9/w
Date: ('
Date:
Date:
k
Rev. #
Date Last Revised:
File: S:\Sidewalk\CC Agenda Bills\I-28-08 Sidc valk Program Agenda
Bill.doc
S:\Sidewalk\CC Agenda Bills\I-28-08 Sidewalk Program Agenda Bill.doc
s
CITY OF PETALUMA, CALIFORNIA
JANUARY 28, 2008
AGENDA REPORT
FOR
SIDEWALK PROGRAM DISCUSSION AND DIRECTION
EXECUTIVE SUMMARY:
The Public Works Department is proposing to re-establish a sustainable sidewalk
maintenance program. Maintenance of the sidewalk area is primarily defined by
Municipal Code Chapter 13.10 and Resolution 92-08 N.C.S. Staff is presenting and
asking for City Council direction regarding options for funding, repair schedules, cost
sharing and cost recovery.
2. BACKGROUND:
The Municipal Code clearly places the responsibility of sidewalk maintenance and
replacement on the property owners. Maintenance responsibility also includes the curb
and gutter, as well as landscaping and street trees. The Municipal Code chapter states that
upon failure to maintain the sidewalk, curb and gutter, landscaping and street trees, the
property owner shall be liable for all damages and injuries.
Resolution 92-08 N.C.S. established a sidewalk maintenance program and identified a
purpose, policy and process. Even though the Municipal Code places the responsibility of
maintenance on the property owner, this resolution provided for a 50% cost share by the
City for sidewalk repair due to damage caused by a street tree, and indicated the City
would pay 100% of curb and gutter repair. The funds for this program were to be set
aside annually from gasoline sales tax revenue. In addition, the resolution reiterated the
City Code's provision for billing the owner for work performed by the City, in the event
of property owners' refusal to initiate repairs, and stipulation that a lien could be placed
on the property for non-payment.
During administration of this program, it appears that $80,000 was allocated annually for
sidewalk repair. Because the City was committed by Resolution 92-08 to share the cost
of repair (50% for tree -related portions), the $80,000 was quickly spent, and resulted in a
three-year backlog of residents wanting to take advantage of the cost sharing. Ultimately,
the program was discontinued. However, the City has continued to replace curbs and
gutters through the Street Maintenance Fund.
The necessary legislation is in place to continue a sidewalk program. There are, however,
alternatives and efficiencies that may make it more successful financially and
functionally.
S:\Sidewalk\CC Agenda Bills\I-28-08 Sidewalk Program Agenda Bill.doc 2
Street trees and street landscaping are amenities and assets to the City. Often, residents
view street trees and landscaping as a chore and liability. Residents complain that it is
the unwanted street tree causing their sidewalk problem and they are being directed to
repair the sidewalk without having the option to remove the street tree. The 50% cost
sharing was likely created because the City felt some obligation for street tree sidewalk
damage. Although ending sidewalk repair subsidies is fiscally prudent it may not be
perceived as a fair practice. Again, residents who had no choice in the original trees are
often the victims of poor street tree selection and poor planting location. Given this
situation, the residents have a case for some form of subsidy. Even though the tree has
caused severe sidewalk damage, if it is healthy, it is typically not removed. Some trees
are allowed to be removed, although a new street tree is often required to be planted as a
replacement. Using a counter argument, after making the proper repair and root
trimming, it is not likely the problem will return. Therefore, it is a one-time occurrence
and expense.
There will be residents who refuse to repair their sidewalks and residents who do not
have the financial means to do so. If the City proceeds to repair the sidewalk on behalf of
the property owner, Chapter 13.10 of the Municipal Code allows the City to collect the
repair costs through a lien or assessment placed on the property. That process is referred
to and defined in the Streets and Highways Code. The details of a lien or assessment
process would include the term for payback, interest charged and recovery of
administrative time. Any process would be confirmed and approved by the City Attorney
and the Finance Division prior to initiating that action
Even with the intention of making sidewalks safer, there will be residents who will
protest and likely attend City Council meetings to voice their opposition to required
sidewalk improvements. The Public Works staff is committed to safer sidewalks despite
homeowner protest.
Existing tripping hazards, uneven surfaces and complaints about unsafe sidewalk
conditions are unfortunately commonplace in particular areas of the City. Staff has the
results of a sidewalk inventory, primarily on the west side, indicating locations of
sidewalks in need of repair. The Public Works Department intends to create a data base
to track sidewalk locations needing repair, locations reported by citizens, locations under
repair and locations where repairs are complete.
Given all the past history and future need, staff is recommending that the City Council
appropriate at least $100,000 to re-establish the sidewalk program. These funds will be
used to initiate sidewalk repair when residents refuse or do not have the means to do the
repairs. In those cases, the Public Works Department will complete the work and assess
the property for payback. Ultimately, a financial equilibrium would be reached where
monies paid back from assessments equal monies paid out for repairs, and the program
would be self sustaining. The goal, however, with the exception of any subsidy, is to fully
recover all costs associated with sidewalk repair.
S:\Sidewalk\CC Agenda Bills\I-28-08 Sidewalk Program Agenda Bill.doe 3
3. ALTERNATIVES:
a. Maintain the subsidy established by Resolution No. 92-08 N.C.S.
b. Reduce the subsidy established by Resolution No. 92-08 N.C.S.
c. Eliminate the subsidy and offset the cost impact by providing more time for payback.
4. FINANCIAL IMPACTS:
The Public Works Department is recommending $100,000 be appropriated to re-establish
the sidewalk program. In time, the program will realize 100% cost recovery minus any
approved subsidy.
5. CONCLUSION:
It is staffs opinion that a sustainable sidewalk maintenance program should be re-
established to address the existing sidewalk conditions and provide acceptable pedestrian
walkways.
OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
Establishment of a sustainable sidewalk maintenance program with 100% cost recovery.
7. RECOMMENDATION:
Staff recommends that the City Council consider the funding and alternatives and provide
direction to re-establish the sidewalk program.
S:\Sidewalk\CC Agenda Bills\1-28-08 Sidewalk Program Agenda Bill.duc 4
ATTACHMENT
�.aa�a aa.au.w uvea Vi ilwl ui\il VvY lYlif�1V 1v1 ,N1HnN ial1mwH oHIV... rage or
TOC j < >
CHAPTER 13.10
DUTY OF PROPERTY OWNER TO MAINTAIN SIDEWALKS AND PUBLIC
STREET LANDSCAPE PLANTERS?
13.10.010 Trees — Property owner maintenance responsibility and duty to
public.
A. The owner of a lot fronting on or adjacent to any portion of a street shall maintain
any trees, shrubs, hedges or other landscaping along said street or within the
street right-of-way adjacent to his or her property in such nondangerous
condition that the trees, shrubs, hedges or other landscaping will not interfere
with the public convenience or safety in the use of the streets and sidewalks.
Said owners shall maintain such street trees so that there is a minimum eight -
foot vertical pedestrian clearance from the top of the sidewalk and a minimum
thirteen -foot vertical vehicular clearance from the top of the curb, to any part of
a street tree.
B. For purposes of this part, maintenance of trees, shrubs, hedges and other
landscaping includes but is not limited to: deep root watering, root pruning,
Installing root barriers, clearance and structural trimming, fertilizing, pest
control, and removal of branches, leaves and other debris.
C. Property owners required by this section to maintain trees, shrubs, hedges and
other landscaping shall owe a duty to members of the public using public
streets and sidewalks to maintain such trees, shrubs, hedges or other
landscaping in compliance with provisions under this title and city -adopted
pruning guidelines, in a safe and nondangerous condition for users of the
public streets and sidewalks.
D. If any fronting or adjacent property owner fails to maintain any adjacent trees,
shrubs, hedges or other landscaping in a nondangerous condition as required
by this section, and any person suffers damage or Injury to person or property,
the fronting or adjacent property owner shall be liable for all damages or
Injuries caused by the failure of the owner to maintain these areas.
(Ord. 1970 NCS § 3 (part), 1994.)
13.10.020 Maintenance and repair of sidewalks and street landscape planters.
A. The owners of lots or portions of lots adjacent to or fronting on any portion of a
sidewalk area between the property line of the lots and the street line, including
landscape planting strips, sidewalks, curbs and gutters, and persons in
possession of such lots by virtue of any permit or right shall repair and
maintain such sidewalk areas and pay the costs and expenses therefor.
B. For the purpose of this chapter, maintenance and repair of sidewalk area shall
include, butnot be limited to, maintenance and repair of surfaces including
grinding, removal and replacement of sidewalks, repair and maintenance of
curb and gutters, removal of impervious paving materials from street tree
planting strips, or other right-of-way landscape planters, removal of weeds
and/or debris, tree root pruning and installing root barriers, trimming of shrubs
and/or ground cover and trimming shrubs within the area between the property
line of the adjacent property and the street pavement line, including planting
hdp://www.codepublishing.com/CA/Petaluma/petalumal3/petalumal3l0.html 1/11/2008
S:\Sidewalk\CC Agenda Bills\I-28-08 Sidewalk Program Agenda Bill.doc
\11, ii.,\u.,U✓V,I V,'11\V,. iii\31 VVVIIMIx I VIVL9IIV 1 H1IV HIV... rage L nI
strips and curbs, so that the sidewalk area will remain in a condition that is not
dangerous to property or to persons using the sidewalk in a reasonable
manner and will be in a condition which will not interfere with the public
convenience in the use of said sidewalk area.
C. Anything in this chapter to the contrary notwithstanding, with respect to
maintenance and repair of sidewalk areas and the making, confirming and
collecting of assessment for the costs and expenses of said maintenance and
repair, the city may proceed under the provisions of Chapter 22 of Division 7,
Part 3 of the Streets and Highways Code of the state as the same is now in
effect or may hereinafter be amended. Should the city choose to proceed
under Chapter 22 of Division 7, Part 3 of the Streets and Highways Code,
notwithstanding the provisions of Section 5614, of the State Streets and
Highways Code, the director of public works may, in his or her discretion, and
for sufficient cause, extend the period within which required maintenance and
repairs of sidewalk area must commence by a period not to exceed seventy-
four days from the time the notice referred to In Section 5614 is given. Costs
recoverable by the city may include a charge for the city of Petaluma's costs of
inspection and administration whenever the city awards a contract for such
maintenance and repair and including the costs of collection of assessment for
the costs of maintenance and repair or the handling of any lien placed on the
property due to the failure of the property owner to promptly pay such
assessments.
D. All existing public street landscape planters shall be retained and preserved for
the purpose of providing live landscaping along the frontages of city streets. To
this end, covering, paving, sealing, or filling of public landscape planter areas
with impervious materials shall be prohibited. Failure to comply with this
section shall be deemed a violation of this chapter.
When, during the course of a development project, It is necessary to remove or
reconstruct public street improvements (i.e., curb, gutter, sidewalk), such
improvements shall be reconstructed to preserve or reestablish any previously
existing landscape planter. Existing street trees and other landscaping shall be
preserved to the extent possible, or new landscaping installed to the satisfaction of
the director of public works.
Subsequent to adoption of this chapter, any unauthorized work conducted
within public right-of-way landscape areas shall be brought Into conformance with
the intent and provisions of this chapter, and other applicable provisions of the
Petaluma Municipal Code pertaining to encroachments on city property and
destruction of public landscaping. Such unauthorized work shall constitute a
violation of this chapter and Is punishable as an Infraction, subject to provisions set
forth under Chapter 13.08 of this title. The city shall further require removal of any
impervious material installed, and restitution of any previously existing landscaping.
(Ord. 1970 NCS § 3 (part), 1994.)
13.10.030 Liability for injuries to public.
The property owners of lots or portions of lots fronting on or adjacent to any
portion of a street or any portion of a sidewalk area between the property line of the
lots and the street line and any persons In possession of such lots by virtue of any
permit or right, shall owe a duty to members of the public to keep and maintain the
sidewalk area in a safe and nondangerous condition. If as a result of the failure of
any property owner to maintain the sidewalk area In a nondangerous condition, any
htip://www.codepublishing.com/CA/Petaluma/petalumal3/peWumal310.htmt 1/11/2008
S:\Sidewalk\CC Agenda Bills\I-28-08 Sidewalk Program .Agenda Bill.doc
w.. u. — . 1.. v v �, a yr l Iwl uI"I v"14LIx 1W lvL 11V I F111V olwJ WHLl1J HIN... rage J 01J
person suffers injury or damage to person or property, the property owner shall
be liable to such person for the resulting damages or Injury. (Ord. 1970 NCS § 3
(part), 1994.)
Footnotes
'Editor's Note: Prior ordinance history Ord. 1879 NCS.
IOC C I >
http://wvrw.ca depublishing.com/CA/P etalmna/petalumal3/petaluma l310.html 1111/2008
S:\Sidewalk\CC Agenda Bills\I-28-08 Sidewalk Program Agenda Bill.doc ']
ATTACHMENT 2
RCSolution NO. sg-nn N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING SIDEWALK MAINTENANCE PROGRAM
1 WHEREAS, the City of Petaluma is cognizant of the need to promote safe
2 public sidewalks and walkway surfaces; and
4 WHEREAS, property owners have the responsibility to maintain sidewalks an
5 their properties in a safe condition; and
7 WHEREAS, the City Council is also aware of the Costs associated with
8 maintenance of paved walkways;
10 NOW, THEREFORE, BE 1T RESOLVED, that the City Council wishes to
11 encourage maintenance of the public sidewalks by establishing a Sidewalk Maintenance
12 Program which includes financial participation by die city in limited circumstances as
13 outlined in the Sidewalk Maintenance Program (attachment A);
14
15 BE 1T FURTHER RESOLVED, that funds for the Sidewalk Maintenance
16 Program shall be set aside annually from gasoline sales tax revenue and that the
17 Director of Public Works shall be responsible for administrating the Sidewalk
18 Maintenance Program.
Under tba power and authority conferred upon nus Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by ilia Approved as to
Council at the City of Petalumn at a (Regular) ()hiT1 fa iaV4 Sparhd) meeting fnrm
on the 21 et— daY of 1s9.2_, by the ZAT-
fallowing vote:
City Attorney
AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOP -,9; None
ABSENT:None
ATTESTt
City Clerk Mayor -
a,oe<an,.
Cd to ua. na.;l.2.=0.8..__ nes
S:\Sidewalk\CC Agenda Bills\I-28-08 Sidewalk Program Agenda Bill.doc
SIDEWALK MAINTENANCE PROGRAM
CITY OF PETALUMA
I. Purpose
To promote the on-going maintenance and repair of sidewalks on the public
right of -way through the establishment of an annual sidewalk maintenance program
administered by the Public Works Department.
II. Policy
The City of Petaluma will assist property owners in financing the repair of
sidewalks within the public right-of-way under the following circumstances:
Project Category
A. Work to alleviate an existing hazard
demonstrated by buckling, cracked,
broken, or displaced sidewalks, caused
by roots from trees planted in the right-
of-way.
B. Work to alleviate an existing hazard
demonstrated by buckling, cracked,
broken, or displaced sidewalks due
to expansion, contraction, chipping,
settlement or from trees not planted
in the right-of-way.
C. Any work to replace curb and gutter
which is cracked, broken or displaced
III. Process
Financing
Reconstruction work to be
split 50% city - 5095
property owner.
100% Property Owner
100% City
The Public Works Department shall establish a listing of sidewalks which are in
need of repair, including work needed and the name of the property owner. The
property owner willbe notified of the repairs required and will be offered the
opportunity for financial assistance should the subject property be eligible under the
categories outlined above. Properties which are eligible for financial participation by
the City, and those properties which refuse to initiate the required repairs, will be
repaired by the City using funds allocated for this program. Once the work has been
completed, the property owners shall be billed for their portion of the work Property
tax attachments shall be initiated on those properties which fail to talo: required
corrective action.
sdwkmtnd3
S:\Sidewalk\CC Agenda Bills\1-28-08 Sidewalk Program Agenda Billdoc 9