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o . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACtION
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From: Councilmember Chas Kelley
Council Office
Subject: AN ORDINANCE OF THE CITY OF
SAN BERNARDINO AMENDING SECTIONS
12.92.040 AND 12.93.010 REGARDING THE
DUTY TO MAINTAIN AND REPAIR
SIDEWALKS AND CURBS AND THE
PARTICIPATION OF THE CITY.
Date: July 1, 2008
MCC Date: July 7, 2008
~ynopsis oCPrevious Council Action:
June 17,2008 - Legislative Review Committee forwards this matter to the Mayor and Common
Council with a recommendation of approval.
Recommended Motion:
That said Ordinance be laid over for final adopt"
Chas Kelley, Councilmember
Chairman, Legislative Review C
Contact person: Henrv Emneiio. Jr.. Senior Denuty City Attornev
Supporting data attached: StaffRenort. letter. Ordinance
Phone:
Ward:
5235
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
Agenda Item No. 3/
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STAFF REPORT
Subiect: An Ordinance of the City of San Bernardino Amending Sections 12.92.040 and 12.93.010
Regarding the Duty to Maintain and Repair Sidewalks and Curbs and the Participation of the City.
Backl!round: At the request of Council member Chas Kelley, the Legislative Review Committee, on June
3 and 17,2008, discussed the City's regulations regarding the repair of City sidewalks and curbs when
damage has been caused by the abutting property owner, e.g., the tree roots from trees on private property.
Currently, San Bernardino Municipal Code Section 12.92.040 provides that the owners of lots
fronting a public street bear the duty to maintain and repair the sidewalk and curb. Section 12.93.010
currently provides that the City, at its discretion, may contribute up to 50% (fifty percent) of the costs for
repair or installation of certain sidewalks, curbs, gutters, etc., and that the Public Services Director shall
determine when to contribute up to 50% based on the cost of the repair, the ability of the property owner
to pay, and the cooperation exhibited by the property owner. The Public Services determination is subject
to appeal to the Mayor and Common Council.
This proposed amendment deletes one sentence in Section 12.92.040 which states that the 50% role
does not apply to repair and maintenance; and in Section 12.93.010, increases the City's discretionary
contribution from up to 50% to up to 100% of the costs for repair or installation of certain sidewalks,
curbs, gutters, etc. The proposed amendment also adds the requirement that the property owner execute
and deliver to the Public Services Director a waiver and release in a form approved by the City Attorney
or his/her designee. Attached to this Staff Report is a strike-out version of the proposed amendment
showing deletions and additions.
Also attached to this Staff Report is a copy of a memo dated May 27, 2008, to the Legislative
Review Committee from the Public Services Director regarding concrete repair costs, which was discussed
at the Legislative Review Committee meetings.
On June 17, 2008, the Legislative Review Committee voted to forward this matter to the Mayor
and Common Council, with a recommendation of approval.
Recommendation: That said Ordinance be laid over for final adoption.
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CITY OF SAN BERNARDINO
OFFICE OF THE PUBLIC SERVICES DIRECTOR
INTER-OFFICE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Legislative Review Committee
Ken Fischer, Public Services Director
May 27, 2008
Concrete Repair Costs
COPIES:
Fred Wilson, City Manager
Public Services completes concrete repairs through two processes. We contract
for repairs and we complete repairs using our own staff. Both methods are
effective in repairing sidewalk trip hazards throughout the City.
This year we received $100,000 for contract concrete repairs. We used $24,600
of these funds to cut off 669 tripping hazards, a cost of approximately $37 per
location. This process involves using a concrete saw and actually cutting away
the raised area. This process leaves a smooth sidewalk as shown in the
attached photographs.
In addition to the cutting away of tripping hazards we also contracted for the
removal and repair of 41 sidewalk areas for $16,572, an average of $405 per
location. The balance of the concrete work funding was expended on curb and
gutter repairs.
Our staff concrete crew has completed 152 removal and replacement sidewalk
repairs as of May of this year, approximately 14 locations per month. An
accurate average cost is not yet available for this work because our IWORQS
work order system has just recently been activated. However, an average
sidewalk removal and replacement job is approximately 60 square feet and costs
approximately $5.50 per square foot to repair, which equals $330 per location.
Using this average, the value of the work completed by staff is $50,160. Our
staff has also used our concrete grinder to remove tripping hazards from 99
sidewalk locations this year.
In total we repaired 961 locations through the various methods described above.
Every one of the repaired locations was to remove the tripping hazard from the
publicly owned sidewalk, which was damaged by another publicly owned asset.
In the vast majority of cases the publicly owned asset causing the damage was a
tree. Even with our efforts we have 213 pending repair requests outstanding.
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The Legislative Review Committee has asked for-information regarding sidewalk
damages caused by privately owned assets. To date we have received one
request for repair of the sidewalk at City expense even though the adjacent
property owner's tree caused the damage to the sidewalk. Under our Municipal
Code (Code) these repairs are the responsibility of the adjacent property owner.
However, the Code does allow the City discretionary authority to pay 50% of the
cost of this repair. This was offered to the involved party. We know of a second
location where a private tree has caused damage to the City sidewalk. This is
the extent of the current damages caused by private property owners, but there
is more of this to be found. A drive through of two neighborhood areas revealed
that there may be over 50 locations where private trees have damaged the public
sidewalk. This suggests the problem is significant.
Should the City adopt the more liberal policy of paying for the sidewalk repairs
caused by private property we lose the ability hold the property owner
accountable for the damages they have caused. This will result in fewer overall'
tripping hazard repairs being completed as scarce City resources to remove
tripping hazards are partially absorbed by repairs the City is not responsible for at
this time. Such a policy would also create some other issues.
If the City decides to make repair to a sidewalk damaged by a private tree and
the City Arborist determines the root pruning necessary will result in the death of
the tree, what do we do? Do we go on the private property and remove the tree?
If we remove the tree do we pay to install another tree? If so, what size tree
should we install? What should be done if the tree has also damaged the drive
approach and if we repair the sidewalk the drive approach will create a tripping
hazard. Do we then also repair the drive approach at City expense? Would
funds budgeted for repairs be used for these costs?
In the event that the City Arborist determines the roots can be pruned on the
private tree without harming the tree, but the property owner does not properly
care for the tree and it blows over at a later date and damages the private
property, are we responsible for that damage?
We look forward to discussing this with the Committee.
C>
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City Attorney
DRAFT
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ORDINANCE NO.
Deletions with strikeout;
Additions underlined.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
3 12.92.040 AND 12.93.010 REGARDING THE DUTY TO MAINTAIN AND REPAIR
SIDEWALKS AND CURBS AND THE PARTICIPATION OF THE CITY.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION I. 12.92.040 is amended to read as follows:
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12.92.040
Duty to Maintain and Repair Sidewalks and Curbs.
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The owners oflots or portions oflots fronting on any portion of a public street or place
when that street or place is improved or if and when the area between the property line
of the adjacent property and the street line is maintained as a park or parking strip,
shall maintain any sidewalk and curb in such condition that the sidewalk and curb will
not endanger persons or property and maintain it in a condition which will not interfere
with the public convenience in its use. The, 59% ",k dO('b <lot Al-'pI, to '''I-'''';' ""d
lJ.J.~tb..lKUl'"'''"'.
A.
B.
When the Director ofD,-.c1ol-'",cat Public Services finds any sidewalks or curbs out
of repair or pending reconstruction and in condition to endanger persons or property
or in condition to interfere with the public convenience in its use, the Director of
D.:..dop,nc'lt Public Services shall notifY the owners of the property fronting on that
portion of such sidewalk or curb so out of repair, to repair the sidewalk or curb.
(Ord. MC-1027, 9-9-98; Ord. MC-691, 12-18-89).
SECTION 2. 12.93.010 is amended to read as follows:
12.93.010
Participation by City.
A.
Notwithstanding other provisions of this Code, the Streets and Highwavs Code or any
other provision of law, the City, at its discretion, may contribute fifty UP to one-
hundred percent (5&1QQ%) of the costs to be paid by the property owner for repair or
installation of sidewalk, curb, gutter, paved parkway improvements, infilling of curb
depressions or driveway approaches excluding improvements projects constructed
under Chapter 12.92 of the Municipal Code. The Public Services Director shall
determine when to contribute dIG fifty UP to one-hundred percent (561QQ"Io) based on
the cost of the repair, the ability of the property owner to pay, and the cooperation
exhibited by the property owner, orovided that the orooertY owner executes and
delivers to the Public Services Director a waiver and release in a form aooroved bv the
City Attornev or his/her desil!Ilee. Such determination shall be subject to appeal to the
Mayor and Common Council pursuant to Chapter 2.64 of this Code.
(Ord. MC-778, 4-16-91).
B.
Notwithstanding other provisions of this Code, the Streets and Highways Code or any
other provision oflaw, the City, at its discretion, may waive fifty percent (50%) of the
installation costs to be paid by the property owner for connection of the sewer line
from the lateral to the property line for an existing owner-occupied single family
residence when installed by the Public Services Department. The Public Services
Director shall determine when to waive the fifty percent (50%) based on the cost of the
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City Attorney
DRAFT
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installation, the ability of the property owner to pay and the length of time the owners
of the property have paid a monthly sewer service charge, orovided that the orooertv
owner executes and delivers to the Public Services Director a waiver and release in a
form aooroved by the City Attornev or his/her desilmee. Such determination shall be
subject to appeal to the Mayor and Common Council pursuant to Chapter 2.64 of this
Code.
(Ord. MC-737, 7-16-90).
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City Attorney
DRAF"f
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 12.92.040 AND 12.93.010 REGARDING THE DUTY TO MAINTAIN AND REPAIR
SIDEWALKS AND CURBS AND THE PARTICIPATION OF THE CITY.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
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meeting thereof, held on the
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day of
, 2008, by the following vote, to wit:
COUNCIL MEMBERS:
.7
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
( 8
BAXTER
,,9
:le.
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
0 14 MCCAMMACK
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16 City Clerk
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The foregoing Ordinance is hereby approved this _ day of
,2008.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
City Attorney
DRt\FT
JAMES F. PENMAN
City Attorney
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
3 12.92.040 AND 12.93.010 REGARDING THE DUTY TO MAINTAIN AND REPAIR
SIDEWALKS AND CURBS AND THE PARTICIPATION OF THE CITY.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. 12.92.040 is amended to read as follows:
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12.92.040
Duty to Maintain and Repair Sidewalks and Curbs.
A.
The owners oflots or portions oflots fronting on any portion of a public street or place
when that street or place is improved or if and when the area between the property line
of the adjacent property and the street line is maintained as a park or parking strip,
shall maintain any sidewalk and curb in such condition that the sidewalk and curb will
not endanger persons or property and maintain it in a condition which will not interfere
with the public convenience in its use.
B.
When the Director of Public Services fmds any sidewalks or curbs out of repair or
pending reconstruction and in condition to endanger persons or property or in
condition to interfere with the public convenience in its nse, the Director of Public
Services shall notify the owners of the property fronting on that portion of such
sidewalk or curb so out of repair, to repair the sidewalk or curb.
(Ord. MC-1027, 9-9-98; Ord. MC-691, 12-18-89).
15 SECTION 2. 12.93.010 is amended to read as follows:
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12.93.010
Participation by City.
A.
Notwithstanding other provisions of this Code, the Streets and Highways Code or any
other provision oflaw, the City, at its discretion, may contribute up to one-hundred
percent (100%) of the costs to be paid by the property owner for repair or installation
of sidewalk, curb, gutter, paved parkway improvements, infilling of curb depressions
or driveway approaches excluding improvements projects constructed under Chapter
12.92 of the Municipal Code. The Public Services Director shall determine when to
contribute up to one-hundred percent (100%) based on the cost of the repair, the ability
of the property owner to pay, and the cooperation exhibited by the property owner,
provided that the property owner executes and delivers to the Public Services Director
a waiver and release in a form approved by the City Attorney or hislher designee. Such
determination shall be subject to appeal to the Mayor and Common Council pursuant
to Chapter 2.64 of this Code.
(Ord. MC-778, 4-16-91).
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B.
Notwithstanding other provisions of this Code, the Streets and Highways Code or any
other provision oflaw, the City, at its discretion, may waive fifty percent (50%) of the
installation costs to be paid by the property owner for connection of the sewer line
from the lateral to the property line for an existing owner-occupied single family
residence when installed by the Public Services Department. The Public Services
Director shall determine when to waive the fifty percent (50%) based on the cost of the
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0 1 installation, the ability of the property owner to pay and the length of time the owners
of the property have paid a monthly sewer service charge, provided that the property
2 owner executes and delivers to the Public Services Director a waiver and release in a
form approved by the City Attorney or his/her designee. Such determination shall be
3 subject to appeal to the Mayor and Common Council pursuant to Chapter 2.64 of this
Code.
4 (Ord. MC-737, 7-16-90).
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-,_.._-~.~,~ .' .. .A AA ^ o^ . _^ ^^ ^"A'"L. _...
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
12.92.040 AND 12.93.010 REGARDING THE DUTY TO MAINTAIN AND REPAIR
2 SIDEWALKS AND CURBS AND THE PARTICIPATION OF THE CITY.
3
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
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meeting thereof, held on the
6
day of
, 2008, by the following vote, to wit:
COUNCIL MEMBERS:
7
8 ESTRADA
BAXTER
9
10 BRlNKER
DERRY
11
KELLEY
12
13 JOHNSON
14 MC CAMMACK
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AYES
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing Ordinance is hereby approved this _ day of
.2008.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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22 Approved as to form:
23 JAMES F. PENMAN
City Attorney
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