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Home My WebLink About09/13/1988, 4-H - SIDEWALK SAFETY - STATUS REPORT �III�IRIII�IIIIII�II II MEETING DATE: city of san tins oBispo 9/13/88 COUNCIL AGENDA REPORT ITEMEA FROM: David F. Romero Public Works Director — —' SUBJECT: Sidewalk Safety - Status Report This report deals with sidewalk safety achieved through repair of existing sidewalks and removal of sidewalk obstructions. It does not consider new sidewalk construction or sidewalk beautification. SUMMARY Complying with state law and adopted city policy, the city spends about $68,000 per year to repair sidewalks and about $6,000 to remove sidewalk obstructions like overgrown shrubbery. About $5,000 of this cost is recovered from property owners. Over the last five years there have been six serious claims against the city for damages caused by sidewalk defects. One of these claims has been settled, and the city has incurred about $30,000 in losses and expenses. SIDEWALK MAINTENANCE POLICY The California Street and Highways Code (1911 Act) requires property owners to repair sidewalks and remove sidewalk obstructions adjacent to their property. The 1911 Act also obligates the city to oversee this maintenance. Municipal Code Section 1224.140, part of the tree ordinance, requires the city to repair sidewalks damaged by street tree roots. SIDEWALK REPAIR ACTIVITY Contract Sidewalk Repair. A temporary employee with the Streets/General Program identifies substandard sidewalks, notifies property owners if they're responsible, administers repair contracts, and prepares property owner assessments if required. Annual costs for this activity run about $68,000: $ 7,000 for salary expense $ 1,000 for vehicle and miscellaneous expense $60,000 for contract repair expense About 90 percent of the contract sidewalk repairs are for damage from street tree roots, so the city must pay for them. Before 1987, these repairs lasted only four or five years, particularly with young, vigorous trees. Since 1987 repair contracts have specified installation of deep root barriers in tree wells. This strategy should extend the repair interval to an undetermined period. In-house Sidewalk Repair. Permanent and temporary employees with the Streets/General Program spend about 3,000 hours each year repairing curbs, gutters and sidewalks damaged by street tree roots. Annual costs for this activity run about $42,000: $23,000 for salary expense $ 3,000 for vehicle expense $16,000 for materials expense ��N�i�i��uIIIIIIIIIP►� �III city O� San LUIS OBISPO i COUNCIL AGENDA REPORT Sidewalk Safety - Status Report page 2 The city has conducted these repairs since 1956, first concentrating on downtown, then shifting emphasis to outlying neighborhoods, and since 1984 refocusing on downtown and Old Town (see Exhibits A and B). The contract repairs of the 1987-89 capital replacement plan are proceeding in three phases through the downtown (see Exhibit C): Phase L• area bounded by Palm-Court-Marsh-Nipomo (completed) Phase M area bounded by Mill-Johnson-Pacific-Archer (under construction) Phase III: area on Monterey Street extending northeast to 101 (not started) By 1991 the repair activities will finally have covered all areas of the city at least once and areas with chronic problems (like the downtown and Laguna Lake areas) several times. SIDEWALK OBSTRUCTION ABATEMENT ACTIVITY Each year a temporary employee with the Trees Program inspects the entire city for sidewalk obstructions, identifies pedestrian hazards from overgrown shrubbery or tree limbs, and notifies property owners that they must remove these obstructions. All pruning and trimming expense is borne by property owners, and compliance is close to 100 percent. Annual costs for this activity run about $6,000: $5,000 for salary $ 500 for vehicle $ 500 for materials CLAIMS HISTORY Because of sidewalk defects, people occasionally trip, fall, injure themselves, and file claims with the city for damages. With minor damage, like torn clothing, the city settles the claim immediately. More serious cases are referred to the city's claims adjuster. The claim files show that over the last five fiscal years: six serious sidewalk accidents occurred three of the six accidents occurred in the downtown two of the six accidents involved tree root damage one claim was settled loss and expense payments have totalled $29,876 (with $28,081 paid by insurance) SIDEWALK REPAIR POLICY IN OTHER CALIFORNIA CITIES The Public Works Officers Department of the League of California Cities recently surveyed 154 cities and found that: 73 percent pay for all repairs to sidewalks with damage by street trees 75 percent do not pay for repairs to sidewalks with damage by non-street trees 57 percent do not pay for repairs to sidewalks with damage not caused by trees 53 percent aggressively enforce sidewalk repair policies ►��Itilli�lllllll�p��uuli�l��ll MY Of San US OBI SPO iMoGs COUNCIL AGENDA REPORT Sidewalk Safety - Status Report page 3 Sidewalk repair policy in San Luis Obispo is consistent with policy in the majority of cities surveyed (see Exhibit D). A recent article in the Los Angeles Daily Journal described the consequences of not aggressively enforcing sidewalk repair policies. The City of Los Angeles paid $700,000 to settle a lawsuit stemming from a sidewalk trip and fall accident. The city had failed to repair a sidewalk grossly displaced by tree roots and could not document a sidewalk inspection and repair activity (see Exhibit E). attach. Exhibit A - Map of Citywide Contract Repair Activity Exhibit B - Map of Citywide In-house Repair Activity Exhibit C - Map of Downtown Contract Repair Activity Exhibit D - Sidewalk Repair Survey Results Exhibit E - Los Angeles Daily Journal article - N - tee,, St • YEM CCC ! 3 � _ rrffTMriTmTnrr7TrlrrnTnS i s♦ ` ' .� At ;yam, `^Si ;u,•o' � .�••�f � N � i a - S ■ "•fib �i'D c Cj to CO Z �- \, •y N ',rte? g •°• ✓ I � 8 �`:,r rte— I•. j:; � r �`.�„ `• .� .s a ��, � •a -� : � 4 . ` r•4. 7 F •` M1RD4 i • � • � • '� \ 's•"•Y fwd �- a /// � i •\�3y! � Q (ncr OD CD 1 111 1n . \' .. �� b •• C2 CD CL* e V� W C2 C2 a 0 N y .� , l - 4z— � •f v xy. CL cc Z '� ^ • •• • a\ Q 4L At < < • , 1 �;� 04 d 1 '•slQ "a'.•'� Y 6'' L� - •177Y1t / \foA ••: i/r :f• N `� i f �. ' •.fir.. `� `� -� y^� POS' i/•„"^• ' _ •. .a` ' is Oil off rP P's t3 MN tD OD OD W co o 1l) t- M v ti (- OD 00 �! mLd6 a.Q W W l/ 4'�� • '�' j CD a J • �( ' Or v2 Y W f. J cr y C/) J \ r FHASE 11 =� {/ �� .�. • �/ sq Na\��'Via- s Ow �\z-m%wg\\v- AP' � A PUBLIC WORKS OFFICERS DEPARTMENT ------ ----- -- --- - --- -- - SIDEWALKS, CURBS AND GUTTERS SURVEY RESULTS _ N' ZCI_ 1988 --- --- ----- -- ------- ------ ----- - - ---- Number of cities that responded by population : Cities Population 28 0- 109000 45 109001-309000 28 30 ,001 -50 . ^00 35 50 ,001 -1OU _ 000 18 Over 100 ,n01 154 Total 1 . Who pays for repairs to sidewalks in the following situations? Property City Owner 0% 50% 100% 0% 50% 100% A . Damage by trees in the public right-of-way? 28 13 113 113 13 28 B . Damage by trees outside the public right-of-way? 115 2 37 38 2 114 C . Damage by other than trees? 88 16 50 54 16 84 2 . Does your agency aggressively enforce the repair of sidewalks? Yes 81 No 73 3 . Who pays for repairs to curbs and gutters in the following situations? . A . Damage by trees in the public right-of-way? 18 5 131 132 5 17 B . Damage by trees outside the public right-of-way? 89 2 63 66 2 86 C . Damage by other than trees? 55 16 83 87 16 51 4 . Does your agency aggressively enforce the repair of curbs and gutters? Yes 82 No 72 Detailed results are available from the library in the League ' s Sacramento office, (916)- 444-5790 . -11- EXHIBIT D 07 the Pa. Aget Trip-and-Fall Suit Settled for $700,000 ; BVGJL BUSH The Los Angeles City Count Friday ap- proved spending $700,000 to settle a lawsuit atemmmg from a January 1985 accident In which a 74-year-old retired professor tripped on a displaced sidewalk panel in Bel Air,fell and suffered spinal card b duries resulting in 4uadripWuL In Ang Tsang Liu o. City of Los Angela, C 602059,professor Liu,retired dean of engineer- 139 ngineerlog at Detioitinstitute of Technology,.5 T= ly million for the tripand-faIl In recommending for the aettiemo;nt Deputy City Attorney Jeffrey A. Nelson opined that "the probable verdict range for this lawsuit Is between $15 and $2 million with very little comparative negligence,if any,due to the dim 1ig�ting conditions at the aoddeat scene , �n addition to the raised sidewalk panel,po- lice responding to the accident noted low light I levels emanating Som the neighborhood's old- er,post-type street lamps. Following a series of settlement confereaces before Judge Richard Harris in the Santa Mon- �Superiar dLinto the lToate,his medical expenses have amounted to about$140,000. Future costs for his special can and supplies Is estimated at $40,000 annually. H the case were to go to trial,a verdict for the plaintiff wouldbe hikely,Nelson said,based . in part on similar sidewalk conditions in the ' odghborhoodwhere LiuW andthe absence of municipal records documenting a sidewalk In- spection system. But the real culprit in the accident apparent- ly was a 60-year-old cascaina tree whose mots had pushed sidewalk panels as much as four inches out of place.The parkway on which the tree was planted was f the planting of a size no lenlgetappmved trees. Liu was admitted to UCLA Medical Center the night of the accident and was confined to the neuropsychiatric unit for seven weeks with nearly complete paralysis of upper and lower extremities and the loss of bodily Amedons. When he was deposed In October 1987,he was still confined to a wheelchair but had regained partial esmtrol of his amities. His physi- cians,however,do not anticipate any anther significant progress,Nelson said. . After the accident,Liu was forced to give up volunteer activities to which he had devoted a significant amount of time,Nelson said.Liu's physical limitations also caused him land his wife to forego extensive traveling,Nelson said. EXHIBIT E