HomeMy WebLinkAboutCC AG PKT 2003-07-14 #R AGENDA REPORT
DATE: July 14, 2003
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Douglas A. Dancs, P.E. Director of Public Works /City Engineer
SUBJECT: COUNCIL POLICY: PUBLIC WORKS
SIDEWALK/CONCRETE 50/50 PROGRAM
SUMMARY OF REQUEST:
The proposed City Council action will adopt a Council Policy regarding a cost - sharing
program for replacement of sidewalk/frontage improvements for residential properties.
BACKGROUND:
A sidewalk maintenance program is intended to prevent potential trip and fall incidents
due to the deterioration of aging sidewalks, expansion of roots, and ground settlements.
When the Department receives a valid request, these areas are repaired through the use of
an asphalt patch. Additionally, the Department will inventory its approximately 86 miles
of sidewalks for corrections every 5 years or 17 miles per year on a rotating basis through
different areas of the City. Any location evaluated to be deficient will be patched with
asphalt until funding is available for future replacement. Although not the most visually
appealing, this method provides the quickest response and least cost to the City to prevent
potential incidents.
Under California law, the maintenance and repair of sidewalks is actually the
responsibility of the owner of the fronting property. The term "sidewalk" also includes
the planter strip, driveway approach, and curb and gutter. The City may use the procedure
provided in Chapter 22 of Division 7, Part 3 of the California Streets and Highways Code
to require full payment by the property owner, fronting a public street to maintain the
sidewalk, curb and gutters and parkstrip in a condition that will not endanger persons or
property and interfere with the convenient use of the area. The City had used this method
some time in the past but discontinued its use.
The City does not have the financial resources to replace all the sidewalks that are in need
of repair and the property owners are responsible for the repair or replacement of the
sidewalk. However, the Department has been using a 50/50 cost - sharing program to split
the cost with the property owner for those that desire full replacement rather than an
asphalt patch. This policy will formalize the current program.
Agenda Item /P
The program will be on a first come basis. Those property owners who desire to replace
old and deteriorated sidewalk will make an application to the Department. At the property
owner's option, they may hire their own contractor or request that the City perform the
work. The City would contribute 50% of the cost of design, construction and inspection
and the property owner would contribute the remaining.
Each year, Council allocates funds for full replacement of sidewalk and/or curb and
gutter. Funds are prioritized within high traffic pedestrian areas such as the "paver
program" on Main Street or in conjunction with other projects such as street overlays.
When a repair needs to be made, consideration regarding cost, time, severity, and
location history need to be taken into account using engineering judgment.
Approximately 60 to 70% of the funding would still be dedicated to these high traffic
areas and project related work. The remaining 30 to 40% would be available as matching
the 50/50 program share from property owners. Any remaining percentage not used for
property owner match would be redirected towards the priority areas. If there is not
enough funding for the matching programs, the remaining will be put on a list, for
programming in subsequent years. Although the program is on a first come basis,
preference will be given to a property owner that elects to contribute greater than 50 %.
FISCAL IMPACT:
This policy would provide a 50% match for the funds allocated each year for concrete
repair for those property owners who participate. Currently, $50,000 is budgeted annually
for concrete repairs within the Council approved FY02 /03 — FY 07/08 Capital
Improvement Program budget.
RECOMMENDATION:
Upon motion of the consent calendar, it is recommended that the City Council approve
the Public Works Sidewalk/Concrete 50/50 program.
7
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Dour' ; . Danes, Direc iii - o Public ,T o • ity Engineer
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J o . Bahorski, City Manager
Agenda Item
CITY OF SEAL BEACH
ADMINISTRATIVE DIRECTIVE
SUBJECT
PUBLIC WORKS SIDEWALK/CONCRETE 50/50 PROGRAM
SECTION INDEX NO. ISSUE DATE REVISION DATE COUNCIL CM APPROVAL
400 4 APPROVAL
1. SCOPE
Applicable within the public right of way.
2. PURPOSE AND INTENT
To establish a policy addressing the maintenance and replacement of sidewalk within the
public right of way.
3. POLICY
A sidewalk maintenance program is intended to prevent potential trip and fall incidents due
to the deterioration of aging sidewalks, expansion of roots, and ground settlements. When
the Department receives a valid request, these areas are repaired through the use of an
asphalt patch. Additionally, the Department will inventory its approximately 86 miles of
sidewalks for corrections every 5 years or 17 miles per year on a rotating basis through
different areas of the City. Any location evaluated to be deficient will be patched with
asphalt until funding is available for future replacement. Although not the most visually
appealing, this method provides the quickest response and least cost to the City to prevent
potential incidents.
Each year, Council allocates funds for full replacement of sidewalk and /or curb and gutter.
The funding available is not adequate to meet the current need for replacement. Funds are
prioritized within high traffic pedestrian areas such as the "paver program" on Main Street
or in conjunction with other projects such as street overlays. When a repair needs to be
made, consideration regarding cost, time, severity, and location history need to be taken
into account using engineering judgment. It is the intent at the time of repair that the entire
frontage be brought into compliance with full standards whenever possible. Grinding is
used in lieu of replacement in certain instances to maximize funding.
Under California law, the maintenance and repair of sidewalks is actually the responsibility
of the owner of the fronting property. The term "sidewalk" also includes the planter strip,
driveway approach, and curb and gutter. The City may use the procedure provided in
Chapter 22 of Division 7, Part 3 of the California Streets and Highways Code to require full
payment by the property owner, fronting a public street to maintain the sidewalk, curb and
(Public Sidewalk/Concrete Maintenance Policy)
•
gutters and parkstrip in a condition that will not endanger persons or property and interfere
with the convenient use of the area. The City had used this method some time in the past
but discontinued its use.
The City does not have the financial resources to replace all the sidewalks that are in need
of repair and the property owners are responsible for the repair or replacement of the
sidewalk.
However, the Department has been using a 50/50 cost - sharing program to split the cost
with the property owner for those that desire full replacement rather than an asphalt patch.
This policy will formalize the current program.
4. PROCEDURES
4.1. Upon a service request or independent observation by City personnel the
irregularity is patched with asphalt or an alternative method approved by the
Director of Public Works /City Engineer.
4.2. The location is then noted in a log for future replacement on a priority basis as
funds become available.
4.3. Alternatively, the fronting property owner may request through a formal application
that it desires to participate by paying 50 percent of the amount necessary to
design, construct and inspect the work.
4.4. To qualify for the 50/50 program the area to be repaired must be at least 75 square
feet of old and deteriorated sidewalk not including the section of sidewalk directly
behind the driveway entrance or at least 20 linear feet of curb and gutter. It is the
intent of this policy that the entire frontage parkway area including sidewalk, curb,
gutter, and parkway be brought to a good condition and in conformance with
current standards as determined by the Director of Public Works /City Engineer.
4.5. If the property qualifies, the funding would be on a first come basis. If no funding
were available, the property would be placed on a list for subsequent years.
Preference will be given to property owners who elect to contribute greater than
50 %.
4.6. The property owner may either request the City perform the work or may hire a
contractor to perform the work.
4.6.1. Work Requested to be performed under a City Contract.
4.6.1.1. The application will be filed with the Department for inclusion in a City
project.
4.6.1.2. A non - refundable deposit will be required for the Department to
evaluate the sidewalk and mark the area(s) of sidewalk needing repair and
determine if any illegal encroachments or non - standard improvements are
(Public Sidewalk/Concrete Maintenance Policy)
to be removed or corrected. This evaluation will define the scope of the
work.
4.6.1.3. An estimate will be prepared and mailed to the property owner for
payment in advance. No work will be scheduled until payment is received.
4.6.1.4. Once payment is received, this will move the area in question to the
top of the priority list. Projects are scheduled for once or twice a year to
reduce costs so there will be a substantial delay (6 to 12 months) from the
time requested to the time work is performed.
4.6.2. Work requested to be performed by private property hired contractor.
4.6.2.1. The property owner shall obtain three separate bids from contractors
properly licensed to do the work and submit to the Department broken
down by unit prices. The Contractor shall also provide a diagram of the
work to be performed including areas of concrete removal, sidewalk
replacement, and curb and gutter replacement. A standard diagram for
use by the Contractor will be provided upon request.
4.6.2.2. The property owner may hire any of its own contractors, but the City
will only reimburse 50% of the lowest contractor's unit costs or 50% of the
City's unit costs from the most recent Public Works contract for concrete
work, whichever is Tess to prevent any possible collusion.
4.6.2.3. Upon approval of the plans, the contractor performing the work shall
obtain a public works permit prior to work and be properly licensed at the
time of issuance.
• 4.6.2.4. The City will not make its 50% payment for the work until it has been
inspected and "finaled" by the Department.
4.7. Standards and Conditions
4.7.1. The proposed work must meet the standards, conditions, requirements, and
policies of the Director of Public Works /City Engineer for replacement.
4.7.1.1. For example, if a request is made for curb and gutter and it is
determined that there is no considerable gain in slope (0.20% minimum,
i.e., the street is too flat or level) or if the localized repair will move water
down to pond at a downstream property it would not be corrected unless
there was a potential for a trip hazard. The Department from time to time
will establish Engineering Standards to this effect.
4.7.1.2. For example, the Department would condition the frontage
improvements to be brought into conformance with the approved Council
policy regarding encroachments within the public right of way. These may
include reduction of storm water runoff by removal of concrete from the
parkway area between the curb and the sidewalk and removal of curb
(Public Sidewalk/Concrete Maintenance Policy)
1
drains so drainage is directed into "softscape" areas and removal or
permitting of illegal encroachments such as walls or planters.
4.8. Exclusions to the 50/50 program
4.8.1. The property owner is wholly responsible for repairs due to private property
trees, heavy vehicle traffic or drainage from private property.
4.8.2. The City will not contribute toward full replacement if the property is currently
in development or is developed within the year and is required under the City
Code to replace frontage improvements as stipulated and agreed to by the
property owner on the application.
4.8.3. Sidewalk will not be replaced if a City tree is causing the irregularity and is
not removed and replaced with a tree suitable for the size of the parkway. All
requests for tree removals by residents shall go to the Tree Advisory Board for
a recommendation unless otherwise waived by the Director of Public
Works /City Engineer. When it is determined that a tree needs to be removed,
the Department indicates the type, number, and location of new trees that may
be planted.
4.8.4. Only single - family residential lots will be eligible for the program. Properties
such as commercial, industrial, or apartments would not be eligible.
4.9. Nothing in this policy shall limit the City to exercise its rights to require repair in
accordance with the Street and Highway code should it deem it necessary to do so.
5. ISSUANCE
Approved by City Manager
Dated:
•
(Public Sidewalk/Concrete Maintenance Policy)
1