HomeMy WebLinkAboutPW Sidewalk OrdinanceSAN RAFAEL
THE CITY WITH A MISSION
Agenda Item No: 5.a
Meeting Date: October 2, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin, City Manager Approval:
Director of Public Works
File No.: 16.04.17
TOPIC: SIDEWALK MAINTENANCE AND LIABILITY
SUBJECT: 1. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING TITLE 11 OF THE SAN
RAFAEL MUNICIPAL CODE TO ADD A NEW CHAPTER 11.60 ENTITLED "MAINTENANCE AND
REPAIR OF SIDEWALKS"
2. A RESOLUTION AUTHORIZING THE CITY MANAGER TO FINALIZE AND APPROVE A
SIDEWALK REPAIR COST-SHARING PROGRAM
RECOMENDATION: Conduct a public hearing and introduce and pass to print an ordinance amending
Title 11 "Public Works" of the San Rafael Municipal Code to add a new Chapter 11.60 entitled
"Maintenance and Repair of Sidewalks." Adopt the Resolution authorizing and directing the City
Manager to finalize and to approve a sidewalk repair cost-sharing program based on City Council and
public feedback.
BACKGROUND: On June 19, 2017, the Department of Public Works provided an informational report to
the City Council on the maintenance of sidewalks within the right-of-way. At that meeting, the
Department of Public Works received input from both the City Council and members of the public on
the proposed ordinance and the implementation of a sidewalk policy that would include a cost-sharing
component.
Sidewalk maintenance has been an ongoing issue in San Rafael. Many of the City's sidewalks are in a
state of disrepair due to age, poor construction quality, deferred maintenance, tree and vegetation root
intrusion and many other issues. A sidewalk survey, which assessed sidewalk damage, conducted in the
fall of 2016, sampled sections from each of the City's eight maintenance zones. The survey identified
significant sidewalk damage throughout the City at an estimated repair cost of $5-10 million.
The City currently addresses sidewalk maintenance and repairs in accordance with California Streets and
Highways Code Section 5610 ("Section 5610"), which places the burden of sidewalk maintenance on the
adjacent property owner. The code states in part that:
The owners of lots or portions of lots 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
FOR CITY CLERK ONLY
File No.: 11-7
Council Meeting: 10/02/2017
Disposition: Passed Ordinance 1948 to print & adopted Resolution 14400
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
property and the street line is maintained as a park or parking strip, shall maintain any sidewalk
in such condition that the sidewalk will not endanger persons or property and maintain it in a
condition which will not interfere with the public convenience in the use of those works or areas
save and except as to those conditions created or maintained in, upon, along, or in connection
with such sidewalk by any person other than the owner, under and by virtue of any permit or
right granted to him by law or by the city authorities in charge thereof, and such persons shall be
under a like duty in relation thereto.
Although the City's policy has been to adhere to Section 5610, in the past the Department of Public
Works has on occasion provided informal assistance to property owners by performing repairs with City
resources, on a case by case basis. However, this informal support has resulted in a lack of clear policy
regarding responsibility for sidewalk repairs. As a result, residents, the City Council, and staff have
expressed a need to clarify liability, maintenance and repair responsibilities.
It should also be noted that while Section 5610 imposes a duty on property owners to maintain adjacent
sidewalks, it does not also impose on those property owners any liability to third parties who are injured
as a result of a defective condition of that sidewalk. As discussed below, a city may adopt its own
ordinance imposing that liability to third parties on the adjacent property owners. San Rafael does not
have such an ordinance; however, many other cities in the State of California have adopted such an
ordinance.
Staff was asked by the City Council to research how other communities are addressing sidewalk
maintenance. As presented at the June 19, 2017 Council meeting, the majority of jurisdictions in the
North Bay currently have an ordinance in place to address both sidewalk maintenance and liability for
Injuries:
Novato Ordinance Property owners (15-2.46) Ordinance: Property owners (15-2.46)
County of
Marin
Belvedere
Tiburon
Corte Madera
Mill Valley
Sausalito
Larkspur
Ross
Petaluma
Napa
Sonoma (City)
Rohnert Park
Santa Rosa
States & Highway Code 5610: Property
owners
Ordinance: Property owners (13.24.015)
Ordinance: Property owners (24-02)
Ordinance: Property owners (12.56.010)
No stated policy
Ordinance: Property owners (17.36.020)
Ordinance: Property owners (9.55.020)
No stated policy
Ordinance: Property owners (13.24.017)
Ordinance: Property owners (24-02)
Ordinance: Property owners (12.56.010)
No stated policy
Ordinance: Property owners (17.36.030)
Ordinance: Property owners (9.55.030)
Ordinance: Property owners (12.20.010) Ordinance: Property owners (12.20.040)
Ordinance: Property owners (13.10.010) Ordinance: Property owners (13.10.030)
States & Highway Code 5610: Property
owners
Ordinance: Property owners (12.12.110)
Ordinance: Property owners and renters
(1.24.030)
Ordinance: Property owners (13-32.020)
No stated policy
Only penalty for violation (12.12.160)
No stated policy
Ordinance: Property owners (13-32.020)
St. Helena Ordinance: Property owners (12.08.010) Ordinance: Property owners + City in
defined area (12.08.025)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
San Rafael States & Highway Code 5610: Property No stated policy
owners
Italic text indicates formal City ordinance not in place.
As evidenced by the table above, San Rafael is in the minority of jurisdictions in that it does not have an
ordinance currently in place addressing either maintenance or liability for injuries.
Many residents at the June 19, 2017 meeting expressed concern over the financial burden that sidewalk
maintenance would place on property owners, and indicated that they would like to see the City provide
a cost-sharing program whereby some of the work required to maintain their sidewalk would be funded
by the City. The public statements at the noted meeting echoed the feedback that was collected in an
October 2016 Department of Public Works survey on sidewalk maintenance. 55 percent (55%) of those
surveyed believe that the City should pay for and maintain all sidewalks, compared to 22 percent (22%)
of those who supported a shared arrangement, and 17 percent (17%) who felt that an assessment
district or parcel tax was the best approach. Only 6 percent (6%) were in favor of following the scheme
set forth in the Streets and Highways Code, whereby the adjacent property owner is responsible for the
costs of all repair and maintenance.
To follow up on the June 19, 2017 meeting, a proposed ordinance and a potential sidewalk maintenance
policy which included a cost-sharing program were brought to the San Rafael Chamber of Commerce for
input. Members of the Chamber expressed their support for the City's approach to formalizing liability,
maintenance and repair requirements.
ANALYSIS: Based on the City Attorney's advice, the City would greatly benefit from an ordinance which
clarifies the following:
(1) The responsibility for performing and funding sidewalk maintenance and repairs rests with the
adjacent property owner; and
(2) The adjacent property owner owes a duty of care to pedestrians or other sidewalk users to
maintain the sidewalk in a non -dangerous condition, and if a sidewalk user is injured as a result
of the property owner's failure to so maintain the sidewalk, the property owner will be liable to
the injured party.
Staff has concluded that an ordinance imposing liability for injuries to sidewalk users on the adjacent
property owner would be beneficial in San Rafael. City staff does not have a staff person dedicated to
inspecting existing sidewalks to determine if they are in need of repair. Generally, the City relies on the
public to notify it of deficiencies or hazards. Adjacent property owners, however, are often aware of
dangerous conditions of the sidewalks fronting their property, and are in a better position to quickly
repair the condition.
Over the past 10 years, sidewalk trip and fall claims against the City are among the most frequent claims
received, and most of these trip and fall claims do not actually involve sidewalk abutting City property.
These claims take considerable resources and staff time to address, and the City's response to said
claims has been consistent over time. The vast majority of these claims involve hazards of which the City
has had no previous knowledge. While the City has a strong defense against liability in cases where it
had no notice of knowledge of the dangerous sidewalk, the injured party often believes the City had or
should have had such notice. Therefore, the City nevertheless receives claims and is sued in such cases,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
and incurs the cost of litigating the claims. Due to litigation costs, even if the City would likely not be
held liable at trial, it is often much less expensive for the City to settle these claims prior to trial.
As noted above, Streets and Highway Code Section 5610 does not assign liability for injuries to third
parties to the adjacent property owner, and that liability may still be held to be the responsibility of the
city in some situations. However, California courts have held that a city may adopt an ordinance that
specifically identifies adjacent property owners as liable to a person who is injured because of a
defective condition of an adjacent sidewalk. Many cities have adopted such an ordinance as a risk
management measure, determining that the adjacent property owner is often in the best position to be
aware of dangerous conditions of the sidewalk in front of their property and to promptly make repairs.
Adopting an ordinance that imposes on the adjacent property owner liability for injuries as well as
maintenance is a way of equitably allocating some or all of the risk arising from sidewalk injuries to the
adjacent property owners. The existence of such ordinance does not fully eliminate the possible liability
of the City, but it does help spread the risk. For property owners, such financial risk is mitigated by the
fact that most property owners possess property insurance that provides coverage for claims arising
from such injuries.
In addition, adoption of an ordinance clarifying that responsibility and liability for repairs and liability for
resulting injuries rests with the property owner will help to motivate the property owner to perform
repairs in many instances. While the City's Public Works Streets division, when made aware of a specific
location of a dysfunctional sidewalk, may make temporary repairs (such as asphalt patches or sidewalk
shaving), the lack of notice in many cases results in leaving the public at risk as needed sidewalk
maintenance is not performed by property owners. The public is at risk for injuries and the City has
been left vulnerable to lawsuits for trip and fall claims.
For all of these reasons, Staff has developed a proposed sidewalk maintenance ordinance with the
following key components:
1. Defines "Sidewalk" as the area between a private property line and the street line, including
planting strips, sidewalks, and curbs and gutters.
2. Affirms, the adjacent property owner's responsibility to maintain the Sidewalk in a safe and non -
dangerous condition at the owner's cost and expense. The Property Owner shall have the
primary and exclusive duty to fund and perform such repair and maintenance, whether or not
the City has notified the Property Owner of the need for such repairs or maintenance or has
performed similar repairs or maintenance in the past..
3. If, as a result of the failure of any Property Owner to maintain the Sidewalk, any person suffers
injury or damage to person or property, the Property Owner shall be liable.
4. When the Director of Public Works has knowledge of disrepair, notice to repair may be given to
the Property Owner to repair within 90 days of the date of the notice.
5. The Director may repair the Sidewalk if the Property Owner refuses to make repairs.
6. Once the repair is complete, Public Works will request that the Property Owner(s) reimburse the
cost of repairs to the City within 60 days.
7. The notice of cost shall allow the Property Owner to appeal the determination of the amount
owed. An appeal process is set forth in section 11.60.070.
8. If the amount owed is not paid within the time specified in the Director's notice, and/or if an
appeal has been denied by the City Council, then the costs of repair shall constitute a special
assessment against the Property Owner's property, and shall be a lien on the property for the
amount thereof.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
In conjunction with the proposed adoption of an ordinance, the City Council called for the development
of a formal policy which shares the financial burden associated with sidewalk maintenance between the
City and the property owners. Staff proposes the following components in a cost-sharing program for
sidewalk maintenance:
• Waiving of encroachment permit fees associated with sidewalk improvements. City staff
assistance in encroachment permit processing and inspection.
• 50-50 cost split with property owner (up to $1,000) for sidewalk repair and replacement
• City staff assistance in reviewing possible removal and replacement of trees within the public
right of way
• Full reimbursement of tree work, including root trimming, removal and replacement costs
where deemed necessary by the City, up to a maximum amount
• Full reimbursement of curb and gutter replacement costs where deemed necessary by the City,
up to a maximum amount
• Preferred pricing from contractors
• $50,000 per year in sidewalk shaving (displacements <2") performed at no cost to property
owners
Staff has developed a draft of the proposed policy. (Attachment 4)
Assuming the Council decides to adopt a sidewalk maintenance ordinance, the ordinance will become
effective 30 days after the second reading. The Department of Public Works anticipates finalizing the
Sidewalk Maintenance policy, based on feedback at the October 2, 2017 meeting, prior to that time.
COMMUNITY OUTREACH: The City conducted considerable community outreach on this issue in fall
2016. Three public meetings were held at the Albert J. Boro Community Center, San Rafael Community
Center, and the Terra Linda Community Center with approximately 30 in-person attendees. Additionally,
an online survey was circulated and promoted via NextDoor. The survey had 388 respondents.
Since last fall, there have been two Council items on sidewalks that were well attended by members of
the public. On February 6, 2017 the Council heard an information report as to the feedback collected at
the public meetings and with the survey. On June 19, 2017 the Council heard a follow up informational
report from Public Works in regards to the development of a program and ordinance, and provided
direction.
The Department of Public Works has also received considerable input from the community through our
online Customer Relationship Management (CRM) system. The Contact Public Works page on the City
website allows constituents to submit, via an online form, a written note or request to Public Works.
Since June, the Department has received and responded to more than 40 write in comments specifically
about the Sidewalk Repair Program. In addition to online submissions, the Department has also received
dozens of calls and answered questions from residents about the proposed program and policy.
FISCAL IMPACT: The adoption of the proposed ordinance is not anticipated to have a significant fiscal
impact. Reduced liability is anticipated to have a positive impact in reducing the number of claims filed
with the City and the City's liability exposure for such claims.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
The adoption of the Sidewalk Repair Cost -Sharing Policy is anticipated to have a significant fiscal impact.
The Department of Public Works has allocated $350,000 towards the program in FY 2017-18:
Total Cost Estimate $350.000/yF
Project Description and Background
This project is a place holder for the City repairing
sidewalks. The City's actual policy has not yet been
finalized.
Project Costs and Timeline
FY 2017-18
Planning
Design
construction I r r
Other + Contingency
Displaced sidewalks in San Rafael
FY 2018-19 FY 2019-20
Capital Improvement Program (CIP) pg. 58
Anticipated costs of the program are as follows:
• $150,000: 50-50 cost sharing for sidewalk repair and replacement
• $75,000: tree work associated with sidewalk repair and replacement
• $75,000: curb and gutter work associated with sidewalk repair and replacement
• $50,000: sidewalk shaving (displacements <2")
In addition to the contractual costs associated with performing and reimbursing property owners for
repairs, the program is anticipated to have a considerable staffing cost associated with administering the
program including managing applications and providing inspections to the up to 150+ properties per
year that may be eligible for program funds. Public Works may return to City Council at a later time with
requests for limited additional staffing if the program proves unmanageable with existing staffing and
resources.
OPTIONS:
1. Introduce and pass to print (with any requested modifications) the ordinance amending Title 11
of the San Rafael Municipal Code to add a new Chapter 11.60 entitled "Maintenance and Repair
of Sidewalks," and adopt the resolution authorizing and directing the City Manager to finalize
and approve a cost-sharing program based on Council and public feedback.
2. Continue action for additional information in response to Council comments and concerns.
3. Deny approval of the proposed ordinance and resolution and provide direction to staff.
RECOMMENDATION:
1. Open the public hearing and accept public testimony on the proposed ordinance and proposed
cost-sharing program
2. Close the public hearing
3. Pass the Ordinance (Attachment 1) to print
4. Adopt the Resolution directing the City Manager to finalize and approve the cost-sharing
program
ATTACHMENTS:
1. Proposed Ordinance
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
2. Public Hearing Notice
3. Resolution
4. Draft Cost Sharing Policy
ORDINANCE NO. 1948
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING NEW CHAPTER 11.60
TO THE SAN RAFAEL MUNICIPAL CODE REGULATING MAINTENANCE AND
REPAIR OF SIDEWALKS
WHEREAS, California Streets and Highway Code Sections 5600 et seq. provide that
owners of lots or portions of lots fronting on any portion of a public street, 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 planting strip, shall maintain the sidewalk in such condition
that it will not endanger persons or property, or interfere with the public convenience in the use of
those works or areas; and
WHEREAS, case law requires that, in order to hold property owners accountable for
injuries or damages to the public caused by failure to maintain those sidewalks, municipalities
adopt ordinances which explicitly state that property owners owe a duty to the public to maintain
the above sidewalks in a safe condition; and
WHEREAS, many neighboring municipalities have adopted ordinances which explicitly
articulate that duty owed to the public; and
WHEREAS, without such an ordinance the City will continue defending lawsuits
stemming from sidewalks in disrepair that are the responsibility of the property owners to
maintain, without the ability to transfer responsibility to the property owner; and
WHEREAS, such an ordinance will promote public health, safety, and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1.
Chapter 11.60 is hereby added to the San Rafael Municipal Code as follows:
Chapter 11.60. Maintenance and Repair of Sidewalks
Section 11.60.010. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning
set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall
be interpreted as defined in the Streets and Highways Code:
A. "Director" shall mean the Director of the Department of Public Works or his or her
designee.
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B. "Sidewalk" shall mean the area between a private property line and the street line,
including planting strips, sidewalks, and curbs and gutters.
C. "Property Owner" shall mean and include, without limitation, the fee owner(s) of real
property, their agents, or the person(s) in possession of the real property.
Section 11.60.020. Property owner responsibility to repair and maintain sidewalk
A. The Property Owner of lots or portions of lots adjacent to or fronting on any portion of a
Sidewalk shall repair and maintain the Sidewalk in a safe and non -dangerous condition at
the owner's cost and expense. The Property Owner shall have the primary and exclusive
duty to fund and perform such repair and maintenance, whether or not the City has notified
the Property Owner of the need for such repairs or maintenance or has performed similar
repairs or maintenance in the past.
B. For the purposes of this chapter, maintenance and repair of the Sidewalk shall include, but
not be limited to, maintenance and repair of surfaces including grinding, removal and
maintenance of curb and gutters, removal and filling or replacement of planting strips,
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 strips and curbs.
Section 11.60.030. Liability for injuries to the public
The Property Owner required by Section 11.60.020 to maintain and repair the Sidewalk
area shall owe a duty to members of the public to keep and maintain the Sidewalk in a safe and
non -dangerous condition. If, as a result of the failure of any Property Owner to maintain the
Sidewalk in a non -dangerous condition as required by Section 11.60.020, any person suffers injury
or damage to person or property, the Property Owner shall be liable to such person for the resulting
damages or injury.
Section 11.60.040. Notice to repair
A. When any portion of a Sidewalk is not in good repair and condition and the Director has
knowledge thereof, he or she will notify the adjacent and/or fronting Property Owner to
repair it. Notice shall be written and given by mailing, either by letter or postal card, to the
Property Owner's last known address as it appears on the last equalized assessment rolls of
the City of San Rafael.
B. The notice shall direct the Property Owner to repair the Sidewalk within 90 days of the date
of the notice.
C. This section does not create a mandatory duty.
z
Section 11.60.050. Director may repair if property owner fails to do so.
If any Property Owner refuses or neglects to make repairs to the Sidewalk as required by
the notice, the Director may repair the Sidewalk.
Section 11.60.060. Notice of repair cost.
Upon completion of the repair, the Director will ascertain the repair cost and apportion it if
the Sidewalk repair is adjacent to or fronts more than one lot of land. The Director will notify the
adjacent and/or fronting Property Owner(s) by mail of the repair and demand payment to the City
within 60 days of completion of the repairs. The Property Owner shall be obligated to the City in
the amount of the cost of repair.
Section 11.60.070. Appeals process.
The notice of cost shall allow the Property Owner to appeal the determination as to the
responsible Property Owner(s) of the amount owed. The request to appeal the claim must be in
writing and filed within 10 calendar days of the date of the Director's notice to the Property Owner
of the cost of repair. The appeal shall designate with particularity the decision, action or
determination appealed from and the remedy or relief sought by way of the appeal. The appeal
shall be filed with the City Clerk, who shall set the hearing for the next regularly scheduled
meeting of the City Council. At the hearing, the City Council shall receive all evidence offered by
the Property Owner and City staff. At the conclusion of the hearing, the City Council shall make its
findings. If the City Council finds that the initial decision, action or determination that is appealed
from is consistent with the provisions and policies of this chapter and is not otherwise injurious to
the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial
decision, action or determination is either inconsistent with the provisions and policies of this
chapter or is otherwise injurious to the public health, safety or welfare, then the City Council may
sustain the appeal and in its decision grant any remedy or relief sought by the Property Owner, or
such other relief as it deems appropriate, that is consistent with the provisions and policies of this
chapter. The decision of the City Council shall be final.
Section 11.60.080. Collection of assessed costs.
A. If not paid within the time specified in the Director's notice, or if that notice is appealed,
within 14 days after adoption of a resolution of the City Council on the appeal
confirming/setting the repair costs, the costs of repair shall constitute a special
assessment against the Property Owner's property, and shall be a lien on the property for
the amount thereof, which lien shall continue until the assessment and all interest thereon
are paid, or until it is discharged of record.
B. At the option of the City, the special assessment may be delivered to the Marin County
Assessor's office (together with the Director's notice and/or the City Council's resolution
approving it), who shall enter the amount thereof on the County assessment book
opposite the description of the particular property and the amount shall be collected
together with all other taxes thereon against the property. The special assessment shall be
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delivered to the County Assessor's office prior to the date fixed by law for the delivery of
the assessment book to be collected at the same time and in the same manner as ordinary
City taxes are collected, and such special assessments shall be subject to the same
penalties and the same procedure under foreclosure and sale in case of delinquency, as
provided for ordinary municipal taxes.
DIVISION 2.
This Ordinance is exempt from the California Environmental Quality Act ("CEQA")
pursuant to the State CEQA Guidelines, since it can be seen with certainty that there is no
possibility that this Ordinance or its implementation would have a significant effect on the
environment (14 Cal. Code Regs. Section 15061(b)(3)).
DIVISION 3.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
DIVISION 4.
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance alongth the names of those
Councilmembers voting for or against the Ordinance. I I
GAR)I 6C PHILLIPS, Mayor
4
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1948 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 2"d day of October, 2017 and ordered passed to print
by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 16d' day of October, 2017.
a _ i2p, R, .
ESTHER C. BEIRNE, City Clerk
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
The City Council of the City of San Rafael will hold a public hearing:
PURPOSE: Public Hearing to consider an ordinance amending Title 11 of the San
Rafael Municipal Code to add a new chapter 11.60 entitled
"Maintenance of Sidewalks".
Pursuant with the State of California Streets and Highways Code
Section 5610, the Ordinance would place the burden of sidewalk
maintenance on the adjacent property owner. The ordinance would
also clarify that the adjacent property owner is liable for injuries
incurred by pedestrians as a result of a defective condition of the
adjacent sidewalk. The proposed Ordinance is one that is already in
place in 12 other jurisdictions in Marin and Sonoma County.
DATE/TIME/PLACE: Tuesday, September 5, 2017 at 7:00 PM City Council Chambers, City
Hall, 1400 Fifth Avenue, San Rafael.
WHAT WILL HAPPEN: You may comment on the proposed new chapter 11.60 entitled
"Maintenance of Sidewalks". The City Council will consider all
public testimony and will then decide whether to amending Title 11 of
the San Rafael Municipal Code to add a new chapter 11.60 entitled
"Maintenance of Sidewalks".
IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk, City of San
Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also
hand deliver a letter prior to the meeting.
FOR MORE INFORMATION: You may contact Talia Smith, Senior Management Analyst at (415)
485-3354, Department of Public Works, 111 Morphew Street, San
Rafael, CA
San Rafael City Council
Esther Beirne, City Clerk
RESOLUTION NO. 14400
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO FINALIZE AND APPROVE A
SIDEWALK REPAIR COST-SHARING PROGRAM
WHEREAS, sidewalk maintenance has been an ongoing issue in San Rafael; many
of the City's sidewalks are in a state of disrepair due to age, poor construction quality,
deferred maintenance, tree and vegetation root intrusion and many other issues; and
WHEREAS, on June 19, 2017, the Department of Public Works provided an
informational report to the City Council on the maintenance of sidewalks and received
considerable input from both the City Council and members of the public on the proposed
ordinance and the implementation of a sidewalk policy with a cost-sharing component; and
WHEREAS, pursuant to California Streets and Highway Code Section 5610, which
states that responsibility for performing and funding sidewalk maintenance and repairs rests
with the adjacent property owner, the vast majority of jurisdictions in the North Bay
currently have an ordinance in place to address sidewalk repair and maintenance as well as
liability for injuries to sidewalk users; and
WHEREAS, acknowledging that there is a financial burden on property owners in
connection with the responsibility to maintain adjacent sidewalks, the City seeks to develop
and finalize a cost-sharing program to make available to property owners within the City's
fiscal limitations; and
WHEREAS, the City Council has held a public hearing to consider and accept
public comment regarding staff's proposals for the cost-sharing program, including the
waiver of encroachment permit fees; the partial to full reimbursement to property owners
for sidewalk repair and replacement work, tree work associated with sidewalk repairs, and
curb and gutter repair and replacement; and the offer of preferred pricing from contractors.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael hereby authorizes and directs the City Manager to finalize and approve a
sidewalk repair cost-sharing program based on feedback from Council and the public.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on the 2nd day of October, 2017, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No. 16.04.17
Attachment 3
FY 2017-18 Sidewalk Repair Cost -Sharing Program Summary - DRAFT
City of San Rafael I Public Works Department
October 2, 2017
DPW File No. 16.04.17
Purpose
The intent of the Sidewalk Repair Cost -Sharing Program ("Program") is to provide fiscal and institutional
assistance to residents and property owners who need to replace public sidewalks abutting their
property.
The City Council annually, at its discretion, may set aside a specific amount of funding to support the
repair and replacement of privately maintained sidewalks within the City. This amount may vary each
fiscal year depending upon the City's budgetary constraints. Allocation of these funds to residents
requesting to replace their sidewalks will be on a first come, first served basis; such that when the funds
set aside annually are depleted, no additional funding shall be added to the Program until the following
fiscal year, or as the City Council deems necessary.
The Program provides for the following:
• City staff assistance in encroachment permit processing and inspection
• Partial reimbursement for sidewalk replacement
• City staff assistance in reviewing possible removal and replacement of trees within the public
right-of-way
• Preferred pricing from contractors
• Full reimbursement of tree removal and replacement costs where deemed necessary by the
City, up to a maximum amount
• Full reimbursement of curb and gutter replacement costs where deemed necessary by the City,
up to a maximum amount
This Program summary provides an overview of financial and other assistance a property owner could
potentially receive from the City for maintenance and repair of their damaged sidewalk if they are
accepted into this Program. Inspection and approval by the City Public Works Department is required for
all repairs initiated through this Program. Costs for any improvements within the right-of-way a property
owner initiates beyond what the City has approved as eligible will be entirely borne by the property
owner.
Important: There will be no retroactive reimbursement to property owners for repairs performed
outside of or prior to the establishment of the Program.
Page 1 of 6
FY 2017-18 Sidewalk Repair Cost -Sharing Program Summary - DRAFT
Background
There are over 275 miles of sidewalk within the City of San Rafael. Due to age, deferred maintenance,
tree and vegetation root intrusion, many of the sidewalks are in a severe state of disrepair, creating
potentially hazardous conditions to pedestrians. Repair costs for sidewalk damage citywide are
estimated at $5-10 million. Historically, the City has deferred to California Streets and Highway Code
Section 5610, which places the burden of sidewalk maintenance on the adjacent property owner.
However, on October 2nd, 2017, City staff recommended that the San Rafael City Council follow suit with
many other cities, and adopt a formal Sidewalk Ordinance to clarify that:
(1) The responsibility for performing and funding sidewalk maintenance and repairs rests with the
adjacent property owner; and
(2) The adjacent property owner owes a duty of care to pedestrians or other sidewalk users to
maintain the sidewalk in a non -dangerous condition, and if a sidewalk user is injured as a result
of the property owner's failure to so maintain the sidewalk, the property owner will be liable to
the injured party.
Acknowledging that the cost associated with the responsibility to maintain sidewalks may be a financial
burden for some property owners, the Department of Public Works has developed a Program that
supports sharing the cost of replacement and/or repair of displaced and damaged sidewalks between
the property owner and the City.
The primary purpose of the Program is to assist property owners with the following costs associated
with sidewalk repairs:
• Concrete sidewalk repair and replacement
• Tree work associated with sidewalk repair and replacement (root trimming, stump grinding,
removal/ replacement)
• Curb and gutter work required with sidewalk repair and replacement
• Encroachment permit fees and related inspections
Page 2of6
FY 2017-18 Sidewalk Repair Cost -Sharing Program Summary - DRAFT
Program Description
Overview
The City will provide reimbursement as specified for the sidewalk repair and replacement work to
property owners who arrange with a private licensed contractor to perform the work. The entirety of
the work, as outlined in this Program Description, shall be arranged independently between the
property owner and the contractors who perform the work. Through an application process in the
Sidewalk Repair Cost Sharing program, the Department of Public Works shall inspect the damaged
sidewalk prior to any work commencing, and will notify the property owner which portion of the repair
and replacement is eligible for City reimbursement. Any additional work the property owner may elect
to do (e.g. if a property owner decides to replace the entire sidewalk abutting their property, when only
one section may be approved for replacement through the Program), will not be reimbursed by the City.
After the repairs are completed, and the site has been inspected by the Department of Public Works,
the property owner may be reimbursed as detailed in Table 1.
Prevailing Wage Requirements
Pursuant to California Labor Code Sections 1770 et seq., property owners participating in this Program
who will eventually be reimbursed by the City must abide by the California State Department of
Industrial Relations (DIR) Prevailing Wage Requirements. This means that the contractor hired to do the
work must be registered with the DIR, and any work performed that will be reimbursed in full or in part
by the City must be done at prevailing wage rates. Any work approved for the Program, but performed
by a contractor who is (a) not registered with the DIR and/or (b) not abiding by prevailing wage
requirements, will not be reimbursed by the City.
Application
Applications under the Sidewalk Repair Cost -Sharing Program shall be made on a form provided by the
City and submitted to the Department of Public Works in connection with the property owner's or
contractor's application for an encroachment permit for the proposed sidewalk repair work
("Encroachment Permit").
Priority
Applications will be processed on a first come, first served basis until Program funds allocated for the
fiscal year have been exhausted. If funds are exhausted for the present fiscal year, the property owner
may elect to perform the repairs outside the Program or assume liability for any tripping hazard in the
interim and apply the following year.
Applicants with approved applications and who have obtained an Encroachment Permit may proceed at
their earliest convenience. Please note that should the Encroachment Permit expire, the authority for
reimbursement is no longer valid and a new Encroachment Permit must be obtained to qualify for
reimbursement. All work shall be completed by an appropriately licensed and insured contractor.
Page 3 of 6
FY 2017-18 Sidewalk Repair Cost -Sharing Program Summary - DRAFT
Eligibility
In order to qualify for the Sidewalk Repair Cost -Sharing Program, the sidewalk displacement to be
repaired must be greater than 2 inches in height. In general, a displacement of less than 2 inches in
height can be reduced by "shaving", while a displacement greater than 2 inches requires full removal
and replacement of the damaged portion of the sidewalk.
Applicants may receive funds from this Program only once every five years. Commercial property
owners have a reimbursement limit of $2,000 per total application ($2,000 cap includes 50-50 cost
share, tree work, curb and gutter, etc.). There is no reimbursement limit for residential properties.
Tree Inspections: Maintenance and Removal
Prior to sidewalk replacement work, tree root inspections are required for all trees located within the
right-of-way to determine if trees can be preserved by root pruning. The inspection can only be done
once the sidewalk is removed. It is the goal of this Program to encourage the preservation of trees
whenever possible. If roots can be pruned so as not to interfere with the installation of a new sidewalk
and still protect the health and stability of the tree, the tree should remain.
After inspection by DPW, trees approved for removal may be removed as part of the applicant's
approved sidewalk repair or replacement. The applicant shall be required to plant a replacement tree,
per the list of approved City Street trees. Property owners shall hire a licensed tree service contractor or
utilize the City's tree service contractor for removal of all trees. Tree removal shall also include
completely grinding and removing the stump and trimming/removal when necessary of all roots within
the public right-of-way. For trees that have been previously cut down and the stump interferes with the
repair of the sidewalk, the stump shall be completely removed as part of the sidewalk repair work (Table
2). Root trimming eligible for City reimbursement includes only roots that interfere with the sidewalk.
The tree contractor hired should be listed on the encroachment permit taken out for the sidewalk
repair.
Replacement trees, including stakes and ties, will be provided by the City to the property owner at no
cost, or the City will contribute to the cost of a replacement tree from the approved list of City Street
Trees that is purchased by the property owner. Replacement trees shall be sized to fit the available
planting space and avoid future sidewalk damage. If there are overhead utility lines, only trees approved
for planting under utility lines may be planted. The planting of the replacement trees will be the
responsibility of the property owner at a location in the City right-of-way determined by the City. The
price paid for tree removal and submitted to the City for reimbursement should include the planting
of the replacement tree. In order to minimize future sidewalk damage and encourage the roots to go
deep into the soil away from paved surfaces, all trees must be planted and watered by the property
owner to City specifications.
Reimbursement
An inspector from the Department of Public Works will approve the repair work that is eligible for the
Program through the Application process prior to the commencement of any repair work. Approved
applicants will only be reimbursed upon completion of the approved work and final inspection. Any
changes to the repair work must be first approved by the inspector prior to construction. The applicant
Page 4 of 6
FY 2017-18 Sidewalk Repair Cost -Sharing Program Summary - DRAFT
is required to submit copies of all paid itemized invoices and receipts to the Public Works Department to
receive reimbursement. The City will provide the following reimbursement (Table 1):
Table 1
Act (ADA). The property owner's contractor shall furnish a proposal to the City quoting a price to install a ramp per City
standards. In some circumstances, a ramp may not be approved for construction due to conflicts with drainage and/or other
utilities.
Following inspection by the Department of Public Works, any approved tree work shall be eligible for
100% reimbursement up to the amounts per tree work type and size set forth in Table 2 below. In
addition, if tree removal is deemed necessary for the sidewalk repair, per the discretion of the
Department of Public Works inspector, the City will pay 100% of the cost of the replacement tree, up to
the maximum shown in Table 2.
Table 2
Tree work type and size
Root Trimming
Reimbursed by City
Up to $ amount
A.
Sidewalk repair and replacement
50%
$1,000
B.
Driveway approach repair and replacement
0%
N/A
C.
Curb and gutter repair and replacement
100%
$4,000
D.
Tree work
100%
See below
E.
ADA curb ramp*
100%
N/A
If the proDerty is on a corner and a curb access ramp does not exist. one shall be installed Der the Americans with Disabilities
Act (ADA). The property owner's contractor shall furnish a proposal to the City quoting a price to install a ramp per City
standards. In some circumstances, a ramp may not be approved for construction due to conflicts with drainage and/or other
utilities.
Following inspection by the Department of Public Works, any approved tree work shall be eligible for
100% reimbursement up to the amounts per tree work type and size set forth in Table 2 below. In
addition, if tree removal is deemed necessary for the sidewalk repair, per the discretion of the
Department of Public Works inspector, the City will pay 100% of the cost of the replacement tree, up to
the maximum shown in Table 2.
Table 2
Tree work type and size
Root Trimming
. to $ amount per tree
$350
Stump Grinding (per inspection)
$200
Tree Removal 6" to 12"
Height (DBH)
Diameter at Breast
$550
Tree Removal Over 12"
to 20" DBH
$850
Tree Removal Over 20"
to 30" DBH
$1,200
Tree Removal Over 30"
to 48" DBH
$1,700
Tree Removal Over 48"
DBH
$2,700
Tree Replacement
$300
Encroachment permits
While the fee associated with the Encroachment Permit (currently $246) shall be waived for sidewalk
repair, replacement, and improvements, applicants are still required to file for an Encroachment Permit
with the Department of Public Works. Permits are issued to the applicant's contractor who performs the
work. Permits may be obtained at the Department of Public Works at 111 Morphew Street. Applicants
who are participating in the Sidewalk Repair Cost -Sharing Program will not be charged a fee for the
permit. The permit is good for 6 months and extensions may be granted. An inspection is required prior
to placing new concrete and performing tree work. All concrete installation shall comply with the
American Disabilities Act (ADA) and City Standards.
Page 5 of 6
FY 2017-18 Sidewalk Repair Cost -Sharing Program Summary - DRAFT
One Encroachment Permit per contractor shall be required for all work related to the sidewalk repair
(e.g. tree work, sidewalk repair and replacement, curb and gutter etc.).
2017-18 Call for Applications
The application period for FY 2017-18 (July 1, 2017 to June 30, 2018) will be open at noon on January 15,
2018.
Detailed information and a complete sample application will be posted to the City of San Rafael website
no later than December 15, 2017.
Page 6of6
SAN RAFAEL
IN: IWOIWAN►ON: MR11&K.--1[157►
STAFF REPORT APPROVAL
ROUTING SLIP
Staff Report Author: Bill Guerin/Talia Smith Date of Meeting: 09/05/2017
Department: Public Works
Topic: SIDEWALK MAINTENANCE
Subject: 1. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11 OF THE SAN RAFAEL MUNICIPAL
CODE TO ADD A NEW CHAPTER 11.60 ENTITLED "MAINTENANCE OF SIDEWALKS" 2.
ADOPT A RESOLUTION DIRECTING STAFF TO DEVELOP AND FINALIZE A COST SHARING PROGRAM
FOR PROPERTY OWNERS REQUIRING MAINTENANCE WITHIN THE RIGHT OF WAY PRIOR TO THE DATE BY
WHICH THE "MAINTENANCE OF SIDEWALKS" ORDINANCE TAKES EFFECT.
Type: (check all that apply)
❑ Consent Calendar ❑ Public Hearing
❑ Discussion Item
❑ Resolution ❑X Ordinance
❑ Professional Services Agreement
❑ Informational Report
*If PSA, City Attorney approval is required prior to start of staff report approval process
Was agenda item publicly noticed? ❑X Yes ❑No
Date noticed:
08/25/17
❑Mailed ❑Site posted X❑Marin IJ
Due Date
Responsibility
Description
CompletedDate
Initial / Comment
DEPARTMENT REVIEW
FRIDAY
Director
Director approves staff report
8/23/2017
❑X
noon
is ready for ACM, City
KMcG
9/15
Attorney & Finance review.
CONTENT REVIEW
TUESDAY
Assistant City Manager
ACM, City Attorney & Finance
9/25/2017
❑X
morning
will review items, make edits
RW
9/19
using track changes and ask
8/25/2017
City Attorney
questions using comments.
❑X
Items will be returned to the
8/24/2017
LG
author by end of day
❑X
Finance
Wednesday.
No fiscal impact -Van
DEPARTMENT REVISIONS
FRIDAY
Author
Author revises the report
9/26/2017
❑X
noon
based on comments receives
TS
9/22
and produces a final version
(all track changes and
comments removed) by
Friday at noon.
ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL
MONDAY
Assistant City Manager
ACM, City Attorney & Finance
9/26/2017
❑X
morning
will check to see their
RW
9/25
comments were adequately
9/26/2017
❑X
City Attorney
addressed and sign -off for the
8/29/2017
LG
City Manager to conduct the
❑X
final review.
Van
Finance
TUES
City Manager
Final review and approval
9/27/2017
❑X
noon
JS
9/26
106/2017
Romulus I Cases 1 #54884
sidewalk maintenance ordinance and trees
Dear City Council,
Please consider the remarks of The Cal Fire Forester, Urban and Community Forestry Program with
respect to the proposed sidewalk maintenance ordinance.
Krystyna,
I know this comes late but I was rather busy today during my first day back from a fire assignment,
which I left early this morning.
I have attached our current Urban Forestry Act, just revised this year, which we, as a Program, work
under as guidance to improve upon the practices related to urban forests and their ecosystems
throughout the state. While I feel that many cities have already gone the way that San Rafael is
considering in deferring sidewalk maintenance and root pruning to adjacent property owners, it is
not the solution. It may be a financial savings in the short-term but it does little to rectify the actual
issue of providing for sound management of urban infrastructure, of which trees and sidewalks are to
be considered. In a recent study by Greg McPherson (see attachment), it is proven that trees provide
nearly a 6:1 return on investment when properly cared for. Having a citywide inventory of the city's
public trees would stand to illustrate the massive benefit San Rafael has on its hands. I have always
encouraged the city to strive for such a record.
The urban forest is an asset that should be cared for with public dollars the same as streetlights,
sewer lines and sidewalks. They are all critical elements of public infrastructure whose care should
not be privatized. Aligning an ordinance with the Streets & Highways Code is illogical as it seeks to
direct policy aimed at state highways (such as EI Camino Real / SR 82) on a city street level. And
while deferring any future liability cases to adjacent property owners may seem like a cost -savings
measure in the short term, there have been exhibited a number of instances in California where the
city has been held to task regardless their stance on tree or sidewalk maintenance. This occurred in
San Jose during a tragic tree failure. See the following link:
http://www.mercurynews.com/2013/05/02/san-jose-proposes-settlement-with-family-of-toddler-
killed-by-falling-tree/
More cities should seek a model in line with what the City of San Francisco has recently done in
creating a dedicated funding stream to maintain both city trees and sidewalks as they are both
inextricably linked in many instances where grow space comes at a premium. This story has been
well-documented and links have been shared with you, by me, in the past. Through the creation of a
parcel tax, landscape and lighting district fee, carbon offsets for urban forests, etc., in conjunction
with wise budgeting, proper upkeep of public infrastructure can be facilitated. Expecting citizens,
unskilled with such maintenance work, to be themselves responsible, has typically proven disruptive
and uninformed. These types of resources should only be taken care of by qualified individuals
under the supervision of and funding by the local municipality whose infrastructure it is.
Moving forward, I would recommend against the passing of such an ordinance that defers
maintenance and urge the City to instead elect to adopt a different funding mechanism as outlined
here. They could also do this in conjunction with alternative sidewalk design featuring pervious
pavers, rubber sidewalks and redesigning the typical monolithic pathways by encouraging bulb -outs,
root ramps and potentially installing underground cells to allow for better and deeper root growth in
an attempt to reduce the upheaval of sidewalks by tree roots. These ideas, in conjunction with
proper species selection and tree placement. would greatly alleviate the problems that have arisen
and reduce the costs to the City. I would be happy to share more information on these ideas and am
happy to work towards improving maintenance practices related to trees and sidewalks in San
Rafael. I can be reached at the contact information below my signature.
Respectfully,
Jimi Scheid
Forester I, RPF 42926
Details
Case No. 54884
Status Open
Address 11 Marin St
https://app.romuluscrm.com/cases/54-884
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Krystyna Barron O
accessjoy@hotinail.eom
(415) 602-0393
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10/3/2017 Romulus I Cases 1 #54884
San Rafael, CA
Priority n/a
Source Form
Updated 2 minutes ago
Created 14 hours ago
Conversations 2) More Details History
Inquiry #54884 opened 1 message
Krystyna Barron 8:55 am
We've opened an inquiry for you entitled sidewalk maintenance ordinance and trees.
Thank...
Inquiry #54884 received
Krystyna Barron
We've received your submission entitled sidewalk maintenance ordinance and trees from our...
1 mvssaoe
Yesterday
https://app.romuluscrm.com/cases/54884 2i2
10/3/2017
Romulus I Cases 1 #54883
sidewalk maintenance ordinance and trees
Dear City Council,
Please consider the remarks of The Cal Fire Forester, Urban and Community Forestry Program with
respect to the proposed sidewalk maintenance ordinance.
Krystyna,
I know this comes late but I was rather busy today during my first day back from a fire assignment,
which I left early this morning.
I have attached our current Urban Forestry Act, just revised this year, which we, as a Program, work
under as guidance to improve upon the practices related to urban forests and their ecosystems
throughout the state. While I feel that many cities have already gone the way that San Rafael is
considering in deferring sidewalk maintenance and root pruning to adjacent property owners, it is
not the solution. It may be a financial savings in the short-term but it does little to rectify the actual
issue of providing for sound management of urban infrastructure, of which trees and sidewalks are to
be considered. In a recent study by Greg McPherson (see attachment), it is proven that trees provide
nearly a 6:1 return on investment when properly cared for. Having a citywide inventory of the city's
public trees would stand to illustrate the massive benefit San Rafael has on its hands. I have always
encouraged the city to strive for such a record.
The urban forest is an asset that should be cared for with public dollars the same as streetlights,
sewer lines and sidewalks. They are all critical elements of public infrastructure whose care should
not be privatized. Aligning an ordinance with the Streets & Highways Code is illogical as it seeks to
direct policy aimed at state highways (such as EI Camino Real / SR 82) on a city street level. And
while deferring any future liability cases to adjacent property owners may seem like a cost -savings
measure in the short term, there have been exhibited a number of instances in California where the
city has been held to task regardless their stance on tree or sidewalk maintenance. This occurred in
San Jose during a tragic tree failure. See the following link:
http://www.mercurynews.com/2013/05/02/san-jose-proposes-settlement-witli-family-of-toddler-
killed-by-falling-tree/
More cities should seek a model in line with what the City of San Francisco has recently done in
creating a dedicated funding stream to maintain both city trees and sidewalks as they are both
inextricably linked in many instances where grow space comes at a premium. This story has been
well-documented and links have been shared with you, by me, in the past. Through the creation of a
parcel tax, landscape and lighting district fee, carbon offsets for urban forests, etc., in conjunction
with wise budgeting, proper upkeep of public infrastructure can be facilitated. Expecting citizens,
unskilled with such maintenance work, to be themselves responsible, has typically proven disruptive
and uninformed. These types of resources should only be taken care of by qualified individuals
under the supervision of and funding by the local municipality whose infrastructure it is.
Moving forward, I would recommend against the passing of such an ordinance that defers
maintenance and urge the City to instead elect to adopt a different funding mechanism as outlined
here. They could also do this in conjunction with alternative sidewalk design featuring pervious
pavers, rubber sidewalks and redesigning the typical monolithic pathways by encouraging bulb -outs,
root ramps and potentially installing underground cells to allow for better and deeper root growth in
an attempt to reduce the upheaval of sidewalks by tree roots. These ideas. in conjunction with
proper species selection and tree placement. would greatly alleviate the problems that have arisen
and reduce the costs to the City. I would be happy to share more information on these ideas and am
happy to work towards improving maintenance practices related to trees and sidewalks in San
Rafael. I can be reached at the contact information below my signature.
Respectfully,
Jimi Scheid
Forester I, RPF 92926
Details
Case No. 54883
Status Open
Address 11 Marin St
https://app.romuluscrm.com/cases/54883
Case Tags
This case is not tagged.
Assigned Users
Tasks
This case has no associated tasks.
Constituents
Krystyna Barron O
accessjoy@hotmail.com
(415) 602-0393
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10/3/2017 Romulus I Cases 1 #54883
San Rafael, CA 19
Priority n/a
Source Form
Updated a few seconds ago
Created 14 hours ago
Conversations (1) More Details History
Inquiry #54883 received 1 message
Krystyna Barron Yesterday
We've received your submission entitled sidewalk maintenance ordinance and trees from our—
https://app.romuluscrm.com.cases/54883 2,+2
11 Marin St
San Rafael, CA 94901
October 1, 2017
VIA Regular US Mail and E -Mail
City of San Rafael
1400 Fifth Avenue
San Rafael, CA. 94915
RE: Agenda item 10:2117 -Sidewalk Maintenance Ordinance
Dear Mayor Phillips and City Council Members,
In order to fairly consider the Public Works Department's (PWD) sidewalk maintenance
proposed ordinance, the proposed ordinance must be reviewed through the lens of. past City actions or
inaction; its 33 year maintained urban forestry program and prior beautification efforts; and take into
account how the City came to have $5-$10 million of needed sidewalk repairs, mainly due to street tree
roots.
The HOW — Concisely for the most part, it's my understanding that: (1) as part of the programs
mentioned above, the City choose street trees that were known to damage sidewalks, was responsible for
street tree maintenance, didn't remove harmful trees before damages occurred and did not keep up with
repair of unsafe sidewalks caused by street tree roots; and (2) homeowners didn't keep up with repairs of
unsafe sidewalks caused by age or reasons other than street tree roots.
Please consider the following remarks, which I believe are factual, and deny approval of the
proposed ordinance and resolution:
1. The adopted General 2020 plan called for the development of a sidewalk repair program that is
consistent with state law.
2. The proposed ordinance is not consistent with state law -as it omits the exception to homeowner
responsibility to repair sidewalks ...when the damage is caused by `other than the homeowner'.
3. The proposed ordinance ignores that 78% of constituents surveyed did not choose the "cost -share"
program and that 55% chose that the city should pay for and maintain the sidewalks.
4. The proposed ordinance appears untenable — in that it plans for a cost share fund of $150,000 a
year which would take 16-33 years to complete $5-$10 million of currently needed repairs while
allowing the City to issue notices of repair after the annual cost share funds have been depleted.
5. The proposed ordinance proposes to give up to $1,000.00 to property owners who are responsible
to repair sidewalk damage, caused by other than street tree roots and other parties, pursuant to
State of California Streets and Highways Code 5610. This results in a `gift' to a select group of
homeowners.
6. The proposed ordinance proposes to contribute up to $1,000.00 to property owners to repair
sidewalk damage caused by street tree roots for which (1) the City assumed responsibility under
State of California Streets and Highways Code 5610 until recent years as reflected in city records
and where (2) Code 5610 provided an exception for damages not caused by the homeowner. This
results in an `unfair financial burden' to a select group of homeowners.
7. It is my understanding that State of California Streets and Highways Code 5610 placed the burden
of sidewalk repairs on the party who caused the unsafe condition.
8. The City's beautification and urban forestry programs, benefited all property owners; city
residents; city visitors, the City; and the City derives monetizable benefits. The costs to
repair damage caused by these City programs or public improvements... should be borne by
the City. City insurance or all taxpayers — not a select group of homeowners that have a
street tree adjacent to their property.
9. Additionally, the proposed ordinance includes homeowner responsibility for root pruning root
barriers and replanting of trees as part of sidewalk maintenance, further financially burdening only
the select group of homeowners, with street trees adjacent to their property, with costs related to
maintaining the City's urban forest (City infrastructure and public improvement] for the
benefit of the community.
10. Further, the proposed ordinance disregards the Code 5610 `exceptions' claimed by property
owners in the last few years; fails to provide any waiver provision or increased cost sharing for the
vulnerable group or low income homeowners over 60; and includes a reimbursement concept
making the homeowner pay significant costs up front when that might not be possible.
There is no equity in the application of the PWD proposed ordinance, with `gifts' to some
homeowners and `significant financial burdens' to others. The `lion's' share of paying for sidewalk
repairs as well as maintenance of City tree roots is being put on the backs of homeowners who have
a street tree adjacent to their property.
Taxpayer dollars were used for the programs that created this problem and it follows that if
the City won't or can't pay then taxpayer funds should be used to repair damages caused by them.
Best regards,
5;! cV#" F"WO