HomeMy WebLinkAboutPW Sidewalk Ordinance PPTSIDEWALK MAINTENANCE AND
LIABILITY IN SAN RAFAEL
Department of Public Works October 2, 2017
Overview
Over 275 miles of sidewalks in San Rafael
Many in state of disrepair due to:
Age
Poor construction quality
Deferred maintenance
Tree and vegetation root intrusion
Estimated repair cost citywide = $5 - $10
million
How we got here
Fall 2016
•Sidewalk
assessment
•Public workshops
February 2017
•City Council update
June 2017
•City Council update
Summer 2017
•Program,
ordinance
development
October 2, 2017
•First reading
ordinance
•Draft cost-sharing
program
Two Needs Addressed
Proposed Ordinance Cost-sharing program
1. Clarification on responsibility to maintain 2. Sharing the Financial Burden
Part One: Ordinance
Ordinance Background
Many cities have adopted ordinances to clarify:
1.Financial responsibility for maintenance lies with
property owner, in accordance with the State
Streets and Highways Code
2.Liability for injury from failure to maintain lies with
the property owner
Survey of North Bay Cities and Towns
Responsibility to Repair Liability for Injuries
Novato Ordinance Property owners (15-2.46) Ordinance: Property owners (15-2.46)
County of Marin States & Highway Code: Property owners No stated policy
Belvedere Ordinance: Property owners (13.24.015) Ordinance: Property owners (13.24.017)
Tiburon Ordinance: Property owners (24-02) Ordinance: Property owners (24-02)
Corte Madera Ordinance: Property owners (12.56.010) Ordinance: Property owners (12.56.010)
Mill Valley No stated policy No stated policy
Sausalito Ordinance: Property owners (17.36.020) Ordinance: Property owners (17.36.030)
Larkspur Ordinance: Property owners (9.55.020) Ordinance: Property owners (9.55.030)
Ross Ordinance: Property owners (12.20.010) Ordinance: Property owners (12.20.040)
Petaluma Ordinance: Property owners (13.10.010) Ordinance: Property owners (13.10.030)
Napa States & Highway Code 5610: Property owners No stated policy
Sonoma (City) Ordinance: Property owners (12.12.110) Only penalty for violation (12.12.160)
Rohnert Park Ordinance: Property owners and renters (1.24.030) No stated policy
Santa Rosa Ordinance: Property owners (13-32.020) Ordinance: Property owners (13-32.020)
St. Helena Ordinance: Property owners (12.08.010) Ordinance: Property owners (12.08.025)
San Rafael States & Highway Code: Property owners No stated policy
Survey of North Bay Cities and Towns
Responsibility to Repair Liability for Injuries
Novato Ordinance Property owners (15-2.46) Ordinance: Property owners (15-2.46)
County of Marin States & Highway Code: Property owners No stated policy
Belvedere Ordinance: Property owners (13.24.015) Ordinance: Property owners (13.24.017)
Tiburon Ordinance: Property owners (24-02) Ordinance: Property owners (24-02)
Corte Madera Ordinance: Property owners (12.56.010) Ordinance: Property owners (12.56.010)
Mill Valley No stated policy No stated policy
Sausalito Ordinance: Property owners (17.36.020) Ordinance: Property owners (17.36.030)
Larkspur Ordinance: Property owners (9.55.020) Ordinance: Property owners (9.55.030)
Ross Ordinance: Property owners (12.20.010) Ordinance: Property owners (12.20.040)
Petaluma Ordinance: Property owners (13.10.010) Ordinance: Property owners (13.10.030)
Napa States & Highway Code 5610: Property owners No stated policy
Sonoma (City) Ordinance: Property owners (12.12.110) Only penalty for violation (12.12.160)
Rohnert Park Ordinance: Property owners and renters (1.24.030) No stated policy
Santa Rosa Ordinance: Property owners (13-32.020) Ordinance: Property owners (13-32.020)
St. Helena Ordinance: Property owners (12.08.010) Ordinance: Property owners (12.08.025)
San Rafael States & Highway Code: Property owners No stated policy
San Rafael is in
the minority of
jurisdictions
Proposed Ordinance: San Rafael
1.Adjacent property owner is responsible to
maintain and held liable for failure to maintain
2.Establishes process for repairs in case of
noncompliance by property owners
Proposed Ordinance: San Rafael
1.Property owner responsibile to maintain and held
liable for failure to maintain
Property owner most aware of dangerous conditions of
the sidewalk in front of their property
Trip and fall claims
Take considerable City resources and staff time to address
Equitably allocates some or all of the risk with City
Property insurance provides coverage
Proposed Ordinance: San Rafael
2.Process for repairs in case of noncompliance
Public Works may complete repair and request
reimbursement from property owner
Appeal process
If payment is not received, special assessment
placed against the property
Proposed Ordinance: San Rafael
Goal of Proposed Ordinance:
Help motivate property owners to perform needed
repairs on damaged sidewalks in San Rafael.
Part Two: Cost Sharing Program
Cost Sharing Program: Overview
Necessary repairs only
City inspection and approval required prior to repairs
Reimbursement-based
First come, first served basis until annual program funds
expended
May apply only once every five years
Prevailing wage rates required
Commercial properties: $2,000 total limit
Cost Sharing Program: San Rafael
COST REIMBURSEMENT
Sidewalk repair and replacement 50-50 cost split up to $1,000
Curb and gutter replacement Full reimbursement by City up to $4,000
Root trimming Full reimbursement by City up to $350
Tree removal Full reimbursement by City up to $2,700
Tree replacement Full reimbursement by City up to $300
ADA Curb Full reimbursement by City
Cost Sharing Program: San Rafael
STAFF TIME
Encroachment permit fees waived
City staff assistance in inspection of
Limits of sidewalk area in need of repair
Reviewing possible removal and replacement of
trees
Cost Sharing Program: San Rafael
ADDITIONAL ASSISTANCE
Preferred pricing from multiple
contractors
City will contract for $50,000
in sidewalk shaving
(displacements <2”) per year
– no cost to homeowners
Cost Sharing Program
Goal of Cost Sharing Program:
Help motivate property owners to perform needed
repairs on damaged sidewalks in San Rafael.
Financial Impact
Ordinance
Cost savings
Less claims filed against the City and reduction in
liability exposure
Less staff time and City resources spent addressing
claims
Cost Sharing Program
$150,000 $75,000 $50,000
$Cost Sharing Program for
repairs
Curb and
gutter
Shaving
contract
$350,000 per year (funded by Gas Tax)
$75,000
Tree work
Cost Sharing Program
Internal staffing costs associated with
administering the program
Managing applications
Inspections to 150+ properties per year
May return to Council at later date if program
proves unmanageable with existing staffing
Public Outreach
Community Outreach
October 2016 •3 public meetings on sidewalk conditions held
November 2016 •Following meetings, online survey conducted on (1) sidewalk
maintenance program and (2) how it should be funded
•378 responses received
February 2017 •Public Works presented results of the survey to the City Council
•Staff were directed to research and develop a cost sharing
program and clarify responsibility and liability
June 2017 •Public Works presented proposed cost sharing program and
ordinance plan to City Council
What’s Next
Next Steps
If Ordinance approved
Second reading October 16, 2017
Takes effect 30 days after second reading
Finalize cost-sharing program based
on feedback received
December 15, 2017: Detailed program
information posted to City website
January 15, 2018: Application period
for FY 2017-18 open
Discussion