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HomeMy WebLinkAbout09-Council Office o . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACtION o o 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/ o o o 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. ~ o o <:) 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. / / _.' .., , .1'1 .; I . -. o o o 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> o o City Attorney DRAFT I 2 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: 7 12.92.040 Duty to Maintain and Repair Sidewalks and Curbs. 8 9 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 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 25 26 27 28 r.\r....nr.........'r"I._..,,_..____,r\.....,,_____ A___ ..,,__ '''' ".... "'An ___... .... n.. "'" l_m'" o o o City Attorney DRAFT 1 2 3 4 5 //1 6 /1/ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). ,.,..',..,....n...,-,.T.....I^_.:I:______Ir\...l;_^_^^ "_~A;_... 1., 0., I'IAn "..A I') 01. nlnk,"rl () 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. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the 6 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 15 16 City Clerk 17 18 19 20 21 22 23 24 25 0 26 27 28 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 J:'.u:MPJ:l\Jr\\nr..:l;...".......~\rw.A;........... A....-.A;..... ,') 0') nAn ~~..l 1'" 0'1 nl n'l._A o o o 1 2 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: 7 8 9 10 11 12 13 14 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: 16 17 18 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). 19 20 21 22 23 24 25 26 27 28 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 ." ._~..~.^ ,...^,,^.^1-.r-...,..~__,__.._-, 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). 5 //1 6 /1/ 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 0 26 27 28 -,_.._-~.~,~ .' .. .A AA ^ o^ . _^ ^^ ^"A'"L. _... o o 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 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 5 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 15 16 17 18 AYES NAYS ABSTAIN ABSENT City Clerk The foregoing Ordinance is hereby approved this _ day of .2008. 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 22 Approved as to form: 23 JAMES F. PENMAN City Attorney 24 25 0 26 27 28