HomeMy WebLinkAbout01-22-2013 c2 sidewalk inspection programcounci ljacenaa nepont
C I T Y O F S A N L U I S O B I S P O
FROM :
Daryl Grigsby, Director of Public Works
Prepared By :Jennifer Rice, Administrative Assistant I
SUBJECT :ADOPTION OF A SIDEWALK INSPECTION PROGRAM FOR THE CITY OF
SAN LUIS OBISP O
RECOMMENDATIO N
Adopt a Sidewalk Inspection Program for the City of San Luis Obispo .
DISCUSSION
The Public Works Department has an established practice of inspecting the City's sidewalks on a
regular basis . This inspection enables the City to proactively repair damaged sidewalk panels an d
thus enhance public safety . Every two to three years, California Joint Powers Insurance Authorit y
(CJPIA) conducts a risk management evaluation for the City of San Luis Obispo and provide s
recommendations based on those findings . During a review, the CJPIA recommended that the Cit y
formally adopt its Sidewalk Inspection Program (Attachment 1).
Adoption of such a program reduces risks of trip and fall incidents and injury to residents an d
visitors as a result of displaced sidewalks . Regular inspections, reporting defects, and timely repair s
constitute a Best Management Practice relative to sidewalk maintenance . This program wil l
provide additional information that will be helpful to property owners and the City in terms o f
prioritizing repairs ; however, it does not eliminate the property owner's responsibility to maintai n
sidewalks on their property per San Luis Obispo Municipal Code Section 12 .16 .020 and Streets and
Highway Code Division 7, Part 3, Chapter 22 (Attachment 2, 3, and 4).
The proposed guideline documents standard instructions for conducting sidewalk inspections an d
management of records . Most of the procedures outlined in this program have been in practice b y
City Street Maintenance staff for several years . The primary adjustment in this program from pas t
practice is to increase inspection frequencies for those locations considered at greater risk for tri p
and fall incidents (such as senior centers and hospitals) from every 8 years to every twelve months .
This inspection frequency was recommended by the CJPIA . Currently, because of the hig h
pedestrian traffic volumes, only the downtown area sidewalks are inspected on an annual basis . Th e
remainder of the City is inspected once every 8 years . In addition to regular inspections, staff als o
responds promptly to reported hazards and areas where trip and falls have been reported in all area s
of the City .
Adoption of this program refines the current sidewalk inspection practices for formal adoption i n
• order to meet CJPIA guidelines . This type of program will benefit the City's defense of liabilit y
claims arising from incidents that occur on City sidewalks . In accordance with CJPIA policies ,
agencies that have an effective Sidewalk Inspection and Maintenance Program in place hav e
(Meeting Date
item Number 3C2
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Sidewalk Inspection Program Page 2
•experienced as much as a 25% reduction in the cost of liability coverage, and improved the abilit y
of the CJPIA to mount an effective defense to counter trip and fall claims .
CONCURRENC E
This program was reviewed and approved by the City's Risk Manager and CJPIA staf f
FISCAL IMPAC T
This inspection program will assist in protecting the City in the event claims are made fo r
inadequate maintenance of the sidewalks and thus will reduce risk and liability . The City's budge t
for sidewalk repair has fluctuated over the last decade in response to changing financial climates .
This budget has ranged anywhere from $20,000 to $60,000 annually .
The 2011-13 Financial Plan has allocated $35,000 annually for sidewalk repairs at various location s
(Appendix B, Pages 3-172 through 3-174 .). Currently, there is $52,125 available in this projec t
account to continue to support sidewalk repairs .
Funding to support Streets Maintenance program staff to provide sidewalk inspections is include d
as part of the annual operating budgets . Should additional capital or operating costs impacts occu r
that cannot be absorbed into existing budgets, staff will return to Council to seek direction .
Adjustment in service levels for sidewalk maintenance would be best addressed during the Financia l
Planning process .
ALTERNATIVE
Deny Adoption of Sidewalk Inspection Program .The City Council could choose to deny the
adoption of a Sidewalk Inspection Program . However, staff does not recommend this alternative .
The creation of the formal inspection program is consistent with CJPIA recommendations and ha s
shown to be an effective program avoids potentially costly liability risks and protects the health an d
safety of community members and visitors . Informally, staff has been inspecting and repairin g
various sidewalks to reduce liability claims for the past decade . Additionally, no increased fundin g
is needed at this time for a formal adoption of a Sidewalk Inspection program .
ATTACHMENT S
1.City of San Luis Obispo Sidewalk Inspection Progra m
2.San Luis Obispo Municipal Code Section 12 .16 .02 0
3.Highway Code Division 7, Part 3, Chapter 2 2
4.City of San Luis Obispo Sidewalk and Parkway Strip Maintenance Brochur e
\\chstore4'teamkoundl agenda reportst2012\pending itemsisidewalk inspecthn pregamkoundl agenda repot sidewalk program .doea
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Attachment 1
CITY OF SAN LUIS OBISPO — SIDEWALK INSPECTION PROGRA M
DRAF T
I PURPOS E
The Sidewalk Inspection Program is intended to minimize risks of trip and fall incidents an d
injury to residents and visitors of the City due to the deterioration of sidewalks, expansion o f
roots, and ground settlements, by regularly inspecting, reporting, and scheduling repairs o f
damaged sidewalks . This guideline provides standard instructions for conducting sidewal k
inspections and management of the records .
The Sidewalk Inspection Program is one phase of sidewalk maintenance involving the proactiv e
inspection of sidewalks on a regular schedule . This is in addition to the Service Request Program ,
available to the public and City employees to report a sidewalk concern to the Streets an d
Sidewalks Maintenance program . Problems reported through the Service Request Program ar e
given a higher priority and are addressed as soon as possible . A report of a trip and fall is give n
the highest priority for repair.
The City has a Pavement Management Plan that established 9 separate zones . Staff uses these
zones to schedule paving projects through the Capital Improvement Plan . The Sidewalk
Inspection Program works in conjunction with the Pavement Management Plan to determine th e
severity of displaced sidewalks caused by City street trees, and ensure sidewalk work occurs i n
advance of paving projects . Work is completed within the limits of the annual maintenanc e
budgets and not all potential hazards will be addressed .
II SIDEWALK REVIEW
1.Sidewalk inspections, in accordance with this program, should be done approximately every
twelve months in the downtown (Area 9) and around senior centers and hospitals, and once ever y
twelve months in one of the 8 remaining pavement areas . Pavement areas are inspected i n
coordination with the paving program.
2.Consideration regarding cost, time, severity, location, and history are taken into account whe n
prioritizing areas for annual review, and for repair or replacement . Repairs on high volum e
sidewalks or sidewalks with anticipated challenged pedestrians will yield higher benefits due t o
the higher volume or ability of pedestrian traffic . High volume pedestrian traffic areas or area s
frequented by populations potentially more vulnerable to falls, such as the downtown area or i n
the vicinity of hospitals and senior centers, could present a greater risk and so these areas ar e
identified for annual review . This may lead to a decision to eliminate a "trivial defect" on a
heavily used sidewalk in addition to more substantial defects .
3.An average vertical displacement between sidewalk abutments that is used to evaluate a "trivia l
defect" is inch . Vertical displacements less than 3/a inch should be noted for appropriate action .
All potential hazards must be evaluated whether the potential hazards are critical or considere d
trivial defects . Trivial defects should be noted and addressed when funding allows .
4 . All inspections shall document the following situations :
4 . a) Vertical displacements that exceedinch should be documented and scheduled for repair .
Any displacement less than inch should be noted and evaluated for possible hazards .
Rev 11-29-12 Page 1 of 3
C2-3
Attachment 1
CITY OF SAN LUIS OBISPO -SIDEWALK INSPECTION PROGRA M
DRAF T
4 . b) For each location where a sidewalk deficiency is noted, provide a rating on the deviatio n
from 1 to 4 . The rating is as follows :
(1)Displacement is less than 3/4 inc h
(2)Displacement is between inch and 1 '/2 inche s
(3)Displacement is between 1 '/2 inches and 2 'h inche s
(4)Displacement is greater than 2 '/2 inche s
5.Sidewalks with slopes that exceed a 5 :1 ratio should be documented and scheduled for repair .
6.Cracks that have a gap of half an inch should be filled .
7.Holes that are half an inch or greater in depth and diameter should be filled .
8.Check for any damage around traffic signals, utility poles, ground utility boxes, street lights an d
regulatory sign posts .
9.Enforce repair of any sidewalk damaged as a result of a contractors' activities in the right-of-way .
10.Require sidewalk repairs to be made as part of private development activities on abutting
properties where a substantial remodel, new building, or work on existing curb, gutter, and/or
sidewalk is occurring .
III DATA COLLECTIO N
1 . Data Collection is done via a tablet device for direct data entry and plotting of sites b y
coordinates .
2 . Capture the following information in the inspection :
2. a)Date
2. b)Inspector Name
2. c)Damage type per program (spalling, separation, displacement, etc .)
2. d)If tree relate d
2. e)Priorit y
2 .0 Approximate width, length, and displacemen t
3 . Download the field data collection of information after every day in the field .
4 . Keep track of the streets that have been inspected, use a city map and color or highlight the street
segments that have been completed at the end of the day . Retain this record .
IV REPAIR SOLUTION S
1.Grind down displacement if less than
inch or apply appropriate materials to minimiz e
displacement (Exhibit 1, Figure 1).
2.When the sidewalk is buckled and the ratio is greater than 5 :1, use appropriate materials to repai r
sidewalk with a ratio of 6 :1 (Exhibit 1, Figure 2).
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Rev 11-29-12 Page 2 of 3
C2-4
Attachment 1
CITY OF SAN LUIS OBISPO — SIDEWALK INSPECTION PROGRA M
DRAF T
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3.Cracks and holes should be filled with appropriate materials (Exhibit 1, Figure 3).
4.If the sidewalk is displaced by tree roots, repair with appropriate materials and slope with 6 :1
ratio (Exhibit 1, Figure 4).
5.Repaired patches that continue to have cracks and displacements may have to be removed an d
replaced (Exhibit 1, Figure 5).
6.If the buckled sidewalk has numerous large cracks caused by a City Street Tree, remove existing
sidewalk and tree roots, and replace concrete .
EXHIBIT 1
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FIG,Z {2E"Pe,e,.aw St \35GP: reR.MAN 5 ::.\..
F1G . S
WD05O.N nor PATCH51•{OV~U ,CiEPA sieO.
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O1 5 Pj.ACCMEw1.T5 D
GKAe.HS S 4OJLp 'orQJpiyATCDFJIL i2E Ovih LHot-ES TAl/}_°. J o1 D va DEPfl1 GHO JW .ANp(ZCPLAC.EI.1'c'NT
V RECORDING REPAIRS
1 . Downloads from data collection will be picked up by maintenance crew for appropriate action
and each point closed out after work is completed .
2 . When repairs are made, fmal data entry is to be completed for the individual record .
3 . The following information is captured in the record.
3. a)Type of repair mad e
3. b)Date repair mad e
3. c)Lead worker on repai r
3. d)Duration of repair effort
4 . Data records are stored on the City's network in accordance with data retention guidelines .
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Rev 11-29-12 Page 3 of 3
C2-5
ATTACHMENT 2
San Luis Obispo Municipal Code Section 12 .16 .02 0
12 .16 .020 Property owners responsibility .
The maintenance, repair and collection of the cost of repair shall be governed by the procedure set fort h
in Division 7, Part 3, Chapter 22 of the Streets and Highways Code of the state . (Prior code § 7330 .1)
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ATTACHMENT 3 -1
STREETS AND HIGHWAYS COD E
SECTION 5600-5602, 5610-5618, 5625-563 0
5600 . As used in this chapter "sidewalk" includes a park or parking stri p
maintained in the area between the property line and the street line and als o
includes curbing, bulkheads, retaining walls or other works for th e
protection of any sidewalk or of any such park or parking strip .
5601 . This chapter shall only apply to maintenance and repair proceedings ,
whether upon work originally done under this division or otherwise, and shal l
not be used for the construction of new improvements . The "Special Assessmen t
Investigation, Limitation an d
Majority Protest Act of 1931" shall not apply to proceedings taken under thi s
chapter .
5602 . This chapter constitutes a separate and alternate procedure fo r
performing the work specified herein and, except for the provisions of Part 5
of this division, no other provisions of this division shall apply t o
proceedings instituted hereunder .
5610 . 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 whe n
the area between the property line of the adjacent property and the stree t
•line is maintained as a park or parking strip, shall maintain any sidewalk i n
such condition that the sidewalk will not endanger persons or property an d
maintain it in a condition which will not interfere with the publi c
convenience in the use of those works or areas save and except as to thos e
conditions created or maintained in, upon, along, or in connection with suc h
sidewalk by any person other than the owner, under and by virtue of an y
permit or right granted to him by law or by the city authorities in charg e
thereof, and such persons shall be under a like duty in relation thereto .
5611 . When any portion of the sidewalk is out of repair or pendin g
reconstruction and in condition to endanger persons or property or i n
condition to interfere with the public convenience in the use of suc h
sidewalk, the superintendent of streets shall notify the owner or person i n
possession of the property fronting on that portion of such sidewalk so ou t
of repair, to repair the sidewalk .
5612 . Notice to repair may be given by delivering a written notic e
personally to the owner or to the person in possession of the property facin g
upon the sidewalk so out of repair, or by mailing a postal card, postag e
prepaid, to the person in possession of such property, or to the owne r
thereof at his last known address as the same appears on the last equalize d
assessment rolls of such city or to the name and address of the person ownin g
such property as shown in the records of the office of the clerk .
5613 . The postal card shall contain a notice to repair the sidewalk so ou t
•of repair, and the superintendent of streets shall, immediately upon th e
mailing of the notice, cause a copy thereof printed on a card of not les s
than 8 inches by 10 inches in size, to be posted in a conspicuous place on
ATTACHMENT 3 -2
the property . In lieu of posting a copy of the mailed notice on the propert y
as provided in this section, the superintendent of streets may, not less tha n
seven days nor more than 10 days after the mailing of the first postal car d
notice, mail an additional postal card, postage prepaid, marke d
"Second Notice," to the person to whom the first postal card notice wa s
addressed . The second notice shall otherwise contain the material required b y
this article, but shall not extend the time for commencing repairs specifie d
in Section 5614 .
5614 . The notice shall particularly specify what work is required to b e
done, and how it is to be done, and what materials shall be used in th e
repair and shall further specify that if the repair is not commenced withi n
two weeks after notice is given and diligently and without interruptio n
prosecuted to completion, the superintendent of streets shall make suc h
repair, and the cost of the same shall be a lien on the property .
5614 .1 . The legislative body may adopt a resolution determining that bond s
shall be issued and assessments collected and enforced pursuant to Part 5 o f
this division . In such event, the notice to repair shall specify that bond s
shall be issued to represent the security of the unpaid assessments, payabl e
over a period of not to exceed six years, and shall further recite a maximu m
rate of interest to be paid on the indebtedness, which shall not exceed 7
percent a year, payable semiannually .
5615 . If the repair is not commenced and prosecuted to completion with du e
diligence, as required by the notice, the superintendent of streets shal l
forthwith repair the sidewalk . Upon the written request of the owner of th e
property facing the sidewalk so out of repair, as ascertained from the las t
equalized assessment roll of the city, or as shown in the records of th e
office of the clerk, the superintendent may repair any other portion of th e
sidewalk fronting on the property that is designated by the owner . Th e
superintendent shall have power to prescribe the form of the written request .
The cost of repair work done by request pursuant to this section shall be a
part of the cost of repairs for which, pursuant to this chapter, subsequen t
notices are given, hearings held and assessment and collection procedures ar e
conducted .
5616 . Upon the completion of the repair, the superintendent of streets shal l
cause notice of the cost of the repair to be given in the manner specified i n
this article for the giving of notice to repair, which notice shall specif y
the day, hour and place when the legislative body will hear and pass upon a
report by the superintendent of streets of the cost of the repair togethe r
with any objections or protests, if any, which may be raised by any propert y
owner liable to be assessed for the cost of such repair and any othe r
interested persons . If bonds are to be issued, the notice shall also contai n
the information required by Section 5614 .1 .
5617 . Upon the completion of the repair, the superintendent of streets shal l
prepare and file with the legislative body a report specifying the repair s
which have been made, the cost of the repairs, a description of the rea l
property in front of which the repairs have been made and the assessmen t
against each lot or parcel of land proposed to be levied to pay the cost
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ATTACHMENT 3 -3
•thereof . Any such report may include repairs to any number of parcels o f
property, whether contiguous to each other or not .
5618 . Upon the day and hour fixed for the hearing the legislative body shal l
hear and pass upon the report of the superintendent of streets, together wit h
any objections or protests which may be raised by any of the property owner s
liable to be assessed for the work of making such repair and any othe r
interested persons . Thereupon the legislative body may make such revision ,
correction or modifications in the report as it may deem just, after which ,
by motion or resolution, the report as submitted, or as revised, corrected o r
modified, shall be confirmed . The legislative body may adjourn the hearing s
from time to time . The decisions of the legislative body on all protests an d
objections which may be made, shall be final and conclusive .
5625 . The cost of the repair may be assessed by the legislative body agains t
the parcel of property fronting upon the sidewalk upon which such repair wa s
made, and such cost so assessed, if not paid within five days after it s
confirmation by the legislative body, shall constitute a special assessmen t
against that parcel of property, and shall be a lien on the property for th e
amount thereof which lien shall continue until the assessment and al l
interest thereon is paid, or until it is discharged of record .
5626 . The superintendent of streets may file in the office of the count y
recorder of the county in which the parcel of property is located,a
certificate substantially in the following form :
NOTICE OF LIE N
Pursuant to the authority vested in me by the Improvement Act o f
1911, I did, on the day of , 19_, cause the sidewalk, curb, or par k
or parking strip, bulkheads, retaining walls, or other works (as the case ma y
be) in front of the real property hereinafter described, to be repaired an d
improved, and the legislative body of said city (county, or city and county )
did, on the day of , 19_, by Resolution No .assess the cost o f
such repair upon the real property hereinafter described, and the same ha s
not been paid nor any part thereof, and the said city (county, or city an d
county), does hereby claim a lien on said real property in the sum o f
dollars ($), and the same shall be a lien upon said real property unti l
the said sum, with interest at the rate of percent per annum, from th e
said day of , 19_ (insert date of confirmation of assessment), ha s
been paid in full and discharged of record .
The real property hereinbefore mentioned and upon which a lien is claimed ,
is that certain piece or parcel of land lying and being in the (name of city ,
or city and county) the county of , State o f
, and particularly described as follows :
(Description of property )
Dated this day of , 1 9
Superintendent of Street s
5627 . From and after the date of the recording of the notice of lien, al l•
persons shall be deemed to have had notice of the contents thereof . Th e
notice of lien may include claims against one or more separate parcels o f
property, whether contiguous or not, together with the amount due ,
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ATTACHMENT 3 -4
respectively, from each such parcel . The statute of limitation shall not ru n
against the right of the city to enforce the payment of the lien . If any suc h
lien is not paid the city may file and maintain an action to foreclose suc h
lien in the same manner and under the same procedure, so far as applicable ,
as that under which delinquent bonds are foreclosed under this division .
5628 . As an alternative method of collection of the amount of the lien, th e
legislative body, after confirmation of the report of the superintendent o f
streets, may order the notice of lien to be turned over to the assessor an d
the tax collector of the city, whereupon it shall be the duty of thos e
officers to add the amount of the assessment to the next regular bill fo r
taxes levied against the lot or parcel of land . If city taxes are collecte d
by the county officials, the notice of lien shall be delivered to the count y
auditor, who shall enter the amount thereof on the county assessment boo k
opposite the description of the particular property and the amount shall b e
collected together with all other taxes thereon against the property . Th e
notice of lien shall be delivered to the county auditor before the date fixe d
by law for the delivery of the assessment book to the county board o f
equalization .
5628 .1 . The legislative body shall have the power, in its discretion, t o
determine that the payment of assessments of one hundred dollars ($100) o r
more may be made in annual installments, not to exceed five, and that th e
payment of assessments so deferred shall bear interest on the unpaid balanc e
at a rate to be determined by the legislative body, not to exceed the rat e
permitted for bonds by Section 53531 of the Government Code . Interest shal l
begin to run on the 31st day after the confirmation of the assessments by th e
legislative body . Determinations of the legislative body shall be expresse d
by resolution at any time prior to the confirmation of the assessments .
5629 . Thereafter the amount of the lien shall be collected at the same tim e
and in the same manner as ordinary city taxes are collected, and shall b e
subject to the same penalties and interest and to the same procedure unde r
foreclosure and sale in case of delinquency as provided for ordinary cit y
taxes . All laws applicable to the levy, collection and enforcement of cit y
taxes and county taxes are hereby made applicable to such special assessmen t
taxes .
5629 .1 . If bonds are to be issued to represent the security of the unpai d
assessments, upon confirmation of the report by the legislative body th e
superintendent of streets shall give notice to pay by mail and by publicatio n
substantially in the manner provided by Sections 4320 and 4321 of this code .
The period for payment in cash stated therein shall be 30 days following th e
date of confirmation of the report . Upon completion of the cash paymen t
period, the superintendent of streets shall file with the county recorder a
certificate substantially in the form set out in Section 5626, giving notic e
therein that interest is payable at a rate to be fixed upon the sale o f
bonds, which rate shall not exceed the rate permitted for bonds by Sectio n
53531 of the Government Code, and shall begin to run on the 31st day afte r
the confirmation of the report . Thereafter the provisions of Part 5
(commencing with Section 6400) shall be applicable and payments o n
assessments at bond shall be made as therein provided . The bonds may be
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C2-10
ATTACHMENT 3 -5
•issued and sold as the legislative body directs and may be dated at any tim e
after the expiration of the cash payment period .
5630 . Whenever the property fronting on a sidewalk required to be maintaine d
and repaired pursuant to the provisions of this chapter lies within one cit y
or unincorporated territory of a county, and the sidewalk required to be s o
maintained and repaired lies within another city or unincorporated territor y
of a county, the superintendent of streets of the city or county havin g
jurisdiction over the sidewalk shall have full authority to serve notices t o
repair and do all work contemplated by Articles 2 and 3 of this chapter ,
notwithstanding the fact that the property fronting on the sidewalk lie s
within another city or unincorporated territory of a county . The legislativ e
body of the city or county within which the sidewalk has been repaire d
pursuant to the provisions of this chapter shall have jurisdiction to levy a n
assessment to pay the cost of any such sidewalk repairs against the parcel o f
property fronting on said sidewalk, notwithstanding the fact that sai d
property lies within another city or unincorporated territory of a county an d
said assessment shall be a lien on said property for the amount thereof unti l
the assessment and all interest thereon is paid or until it is discharged o f
record .
The provisions of Sections 5628 and 5629 of this code shall be applicabl e
to the collection and enforcement of all liens levied pursuant to th e
provisions of this section and the amount so collected shall be paid to th e
treasurer of the city or county as the case may be which conducted th e
proceedings .
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C2-11
Attachment 4city o f
it san tuts oaisp o
siOewalk & parkway strip maintenanc e
pnopeuty owneR nesponsn3ltitle s
Oepantment of public work s
805-781-722 0
805-781-701 5
The City receives many requests from citizens to make repairs to sidewalks . This brochure provides genera l
information to the public on this subject .
What is the sidewalk, parkway, and curb and gutter ?
The sidewalk, parkway strip, and curb & gutter are typically made of concrete and located next to the street o n
the front and/or side portion of your property . The curb and gutter are located at the edge of the street pavement .
The sidewalk is either separated from the curb by a parkway strip, or is located adjacent to the curb . Parkways
are sometimes planted or filled in with brick or other materials .
Who is responsible for maintenance ?
The property owner is responsible for properly maintaining this area (see San Luis Obispo Municipal Cod e
Section 12 .16 .020 and Streets and Highway Code Division 7, Part 3, Chapter 22). This responsibility includ e
maintenance of damaged or displaced concrete and abatement of weeds or debris . While the City may be liabl ~
for injuries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk ,
property owners should be aware that they may also be found liable if it is determined that their negligenc e
caused someone to be harmed .
When should property owners consider doing sidewalk replacement ?
Replacement of the sidewalk, curb and gutter concrete should be considered when one or more of the followin g
exists :
•When there is a vertical difference in height between sections of the sidewalk or concrete parkway strip o f
3/4" or more .
•If the concrete has broken apart .
•In any instance where the owner has reason to know that the condition presents a danger to users, or th e
owner has observed someone trip because of damage to the surface .
In addition to damaged sections of sidewalk, curb and gutter replacement is typically required when sidewalk s
and driveways are replaced, unless the sidewalk is separated from the curb by a parkway . Patching should b e
completed when horizontal openings greater than 1/2" exist .
What are the options available for completing the work ?
The City recommends construction of curbs, gutters, and sidewalks in City streets be performed by a properl y
licensed and insured contractor . A permit is required for concrete repair . Call (805)781-7015 for permit
requirements .
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Are there inspections and standards for concrete repair work ?
Yes, all work and materials must be in conformance with the City of San Luis Obispo Engineering Standard s
for Public Works Construction .
C2-12
Attachment 4
Before placing any concrete, you must have any tree root removal approved, and the saw cut, forms, and bas e
inspected . After approval, a City-approved concrete mix must be used . The surface fmish must be a light broo m0mish with score marks . After the work is completed, you must call for a final inspection .
A permit is required for all concrete work in the public right-of-way . Engineering Standards for construction ar e
available on the City's web site on the Public Works page www .slocity .org . For information on obtaining a
permit call (805)781-7015 .
Is the property owner responsible for repairs if the concrete damage is caused by a tree ?
The City encourages street trees in front of residences . (Municipal Code 12 .24 .010) The property owner i s
responsible for the maintenance of the street tree but the City will repair the sidewalk when the concrete ha s
been damaged by a street tree, as funding is available, and timed with the area rotation program . Concret e
damaged by trees other than street trees is the responsibility of the property owner . Maintenance, trimming an d
replacement of street trees and shrubs is governed by Chapter 12 .24 .110, 12 .24.120 and 12 .24 .150 of the
Municipal Code .
What measures should be taken to minimize concrete displacement by tree roots ?
Certain species of trees may raise concrete if preventative maintenance is not performed . To reduce the chanc e
of future concrete displacement, trees can be root-pruned . Care must be taken when root pruning to avoi d
damaging underground utilities or destabilizing or harming the tree . This work must be completed by a license d
arborist . Also, deep-watering the tree, that is, applying a slow trickle of water over a 24-hour period, encourage s
deeper root growth which reduces the chance of sidewalk damage .
•W
If a problem is reported to the City, how long does it take for a repair ?
hen a report is made to the City, it is entered into a work order program . Subject to the availability o f
resources and personnel, the City will attempt to review the site within a week of entry of the work order . If a
temporary repair, such as grinding or ramping the area can be made, the City will generally attempt to complet e
that work within two weeks . Severe damage caused by a street tree, which cannot be repaired adequately, wil l
be reconstructed as soon as resources and available personnel allow .
Areas of less severe damage are completed as the next priority, working around the City in a systematic fashio n
in advance of the paving program . That can mean the sidewalk will not be replaced for several years . Damage
other than that caused by street trees needs to be completed by the property owner .
Related to sidewalk repair is clearance and visibility.When is maintenance required ?
•Visibility – When parkway strip shrubbery interferes with the ability of a driver to see pedestrians o r
approaching traffic, either from a driveway or an intersection, trimming of shrubs must be completed by th e
property owner . Shrubs must be trimmed to a maximum height of 36", for a minimum distance of 30' fro m
an intersection . (Municipal Code 10 .60 and 17 .16 .020 )
•Walkway and Gutter Clearance – Trimming of ground cover or shrubs is required when the plants exten d
onto or over the sidewalk, gutter, or street .
•Parkway Strip Condition – All tree stumps, large rocks, trash and holes must be removed by the property
owner . The parkway strip must be level and holes must be filled and leveled with dirt or other material .
When is a permit required for landscape maintenance work ?
If the sidewalk or the street must be closed for the work, a permit is required from Public Works . Call (805)781 -
015 for additional information . If a tree is to be removed, a tree removal permit must be obtained .
Applications for tree removal are available on the City's web site on the Public Works page www .slocity.org or
call 781-7220 for additional information .
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„"iii
council memonaii
RECEIVE D
UM
2 2 201 3
U 6Stl CITY CLER K
AGENDACORRESPONDENCEDate2L3Item#Ca
•
January 22, 201 3
TO :
City Counci l
VIA :
Katie Lichtig, City Manage r
FROM :
Monica Irons, Director of Human Resour e ~`9
Greg Zocher, Human Resources Manger 0}
SUBJECT : January 22 "a Agenda Item : Sidewalk Inspection Progra m
Council Member Andrew Carter requested information regarding costs associated with "trip an d
fall" claims filed against the City . In reviewing claims history for the last five fiscal years (200 7
through 2012), the City has received a total of 24 claims for "trip and fall" injuries . The total
incurred and anticipated costs on those 24 claims will be approximately $866,000 . The average
severity on those claims was $36,000 which is slightly higher than the California Joint Power s
Insurance Authority pool severity average of $34,000 . Assuming, on average, five trip and fal l
claims each year with an average severity of $36,000 the City spends approximately $173,00 0
per year on "trip and fall" claims .
Goodwin, Heather
RECEIVE D
JAN 2 2 201 3
Grimes, Maeve
t Tuesday, January 22, 2013 4 :12 P M
To :Goodwin, Heather
Subject FW : Sidewalk Program Agenda Ite m
Please forward for tonight .
Thank yo u
Maeve Kennedy Grime s
City Cler k
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
Phone : (805) 781-710 2
Email :mgrimes@slocitv .or g
Original Message
From : Carter, Andre w
Sent : Tuesday, January 22, 2013 2 :33 P M
To : Grimes, Maeve
Grigsby, Daryl; Lichtig, Kati eSect: FW: Sidewalk Program Agenda Ite m
Public Fil e
Andrew Carte r
Council Membe r
City of San Luis Obisp o
From :rschmidt@rain .org [rschmidt@rain .org]
Sent : Tuesday, January 22, 2013 11 :54 AM
To : Marx, Jan ; Carter, Andrew;dcarpen@slocity .org;Ashbaugh, John ; Smith, Kath y
Subject : Sidewalk Program Agenda Ite m
Dear Council Members ,
Re : the sidewalk inspection program .
This is totally infuriating and an insult to every resident of this city– especially to those like myself who have fallen on ill -
maintained city-owned sidewalks (Murray median) and have to live lifelong with the consequences .
It is nothing more than an official rationale for doing nothing to repair neighborhood sidewalks .
is asking you to endorse their slovenly do-nothing approach to neighborhood sidewalks . You MUST NOT ENDORS E
.. Instead, you must direct staff to get on with repairing what needs to be repaired, and not to invent ridiculou s
FLU Lt I Y LLtK K
AGENDA
CORRESPONDENC E
Date .'/aa/13Item#C g--
1
"programs" like this that claim to be about reducing risk but which are actually rationales for unethical treatment o f
residents .
report to you is so full of nonsense and lies, it's hard to know how to even deal with it . For example :
•"A report of a trip and fall is given the highest priority for repair ."
This is an outright lie . Nothing substantive has been done to the Murray median where I fell, despite more contacts t o
the city and to YOU DIRECTLY than I can count . Staff has even lied to you and claimed the opposite . In fact, we've bee n
told we'll just have to wait for repairs to the sidewalk till it's time to rebuild Murray's automobile portion, which is year s
off.
(Linking sidewalk repair to street repaving is idiotic -- there's n o
nexus .)
• "The Sidewalk Inspection Program is one phase of sidewalk maintenance involving the proactive inspection o f
sidewalks on a regular schedule ."
What a lot of nonsense . Inspecting once every 8 years is "proactive?" Give me a break . You should fire people who writ e
this sort of trash .
•But fear not, while neighborhoods get looked at once every 8 years, downtown will get annual inspections . Bravo! Thi s
is just more of the city's "free lunch" approach to how it allocates its resources : handouts to the rich and powerful an d
sticking the rest of us with the bill, and the pain and suffering .
•"An average vertical displacement between sidewalk abutments that is used to evaluate a "trivial defec'is 3/4 inch ."
A % inch displacement is not trivial in the least . It's exactly the sort of thing people trip on – huge displacements ar e
obvious, and can be avoided, but these aren't noticed, and are plenty to catch the toe or heel of a shoe and sen d
someone flying . That's what happened to me . To neglect to note such defects "for appropriate action" is dereliction o f
city's responsibility .
•"This inspection program will assist in protecting the City in the event claims are made for inadequate maintenance o f
the sidewalks and thus will reduce risk and liability ." Now we're getting down to what it's really all about – persiflage t o
create a paper trail to fend off insurance claims from people injured by the city's malfeasance . The city should b e
ashamed .
THE CITY DOESN'T NEED THIS FANCY PAPERTRAIL DO-NOTHING NEIGHBORHOOD SIDEWALK INSPECTION PROGRAM .
WHAT IT NEEDS IS FOR THE COUNCIL TO TELL STAFF TO GET TO WORK FIXING NEIGHBORHOOD SIDEWALK DEFECT S
NOW!, AND TO PROVIDE THEM THE FUNDS TO DO IT .
FIX THE SIDEWALKS NOW !
Richard Schmidt
2