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HomeMy WebLinkAboutAgenda Packet - CC - 2007.08.08 gg CITY C BURUNGAME 0 Qx- eo— x-wwc6 CITY OF BURLINGAME 7:00 p.m.—Main Library, Lane Room 480 Primrose Road, Burlingame Wednesday,August 8,2007 CITY COUNCIL STUDY SESSION MEETING AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. STUDY SESSION: PRESENTATION AND OVERVIEW OF THE SIDEWALK PROGRAM a. City's critical capital improvement needs and backlog b. Funding options c. Feedback/Questions/Direction 4. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 5. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall,501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT MEETING—MONDAY,AUGUST 20, 2007 1 SIDEWALK PROGRAM FAQs What is Burlingame's current sidewalk repair program and how does it work? Burlingame's sidewalk repair program consists of three elements. First, City crews provide interim repairs and maintenance to address many possible tripping hazards on a day-to-day basis and do limited repair and replacement work as time and money is available. The City spends about$250,000 annually on this element from general funds. The second element of the program is the ADA or Handicap Ramps. This element of the program focuses on upgrading and constructing new handicap ramp access to sidewalk facilities in compliance with American with Disability Act. The City spends $100,000 annually in upgrading and constructing the handicap ramps. The third element of the program is based on the State of California Streets and Highway Code which provides that the adjoining property owners are responsible to keep the sidewalks in front of their properties in a safe condition. The City performs annual inspections of City sidewalks in rotating areas of the City for possible tripping hazards and prioritizes a list of areas to be repaired based on severity of the hazards. The property owners are then notified in the program area to do the necessary repairs with a sketch showing the area of the repairs. The State law requires that the City send 2 notices to the property owners to allow them to do the work with a specified time period. If the work is not done by the property owners within the designated time, the City hires a contractor to do the work. Upon completion of the work,the City Council holds a public hearing on the costs of the work to hear any protests to the costs and to accept the repairs. The Council then establishes the cost for each property owner based on the quantity of repairs done at each location, and an invoice for the costs sent to each affected owner. The property owner can choose to pay for the repairs directly to the City or pay as part of the property taxes to the County. What is the average cost of sidewalk repairs to each property owner in the current sidewalk program? Based on current construction prices and the citywide average extent of repairs, the typical cost to the property owner is estimated to be $600 or about$12 per square foot. Do I have the right to remove a tree that is damaging the sidewalk? Removal of a tree is governed by provisions of the Municipal Code. For trees located in the public right-of-way and trees greater than a certain size on private property, a permit from the Parks & Recreation Department is required. Please contact the Parks and Recreation Department for information on such a permit. Staff would evaluate the tree based on health, future cost to the property owner, species impact on the neighborhood and ADA compliance. Generally speaking, unless the tree is u nhealthy o r is a n i nappropriate tree species, current policy would result in denial of a request to remove it. A staff denial can be appealed to the Beautification Commission. Can I have the City perform sidewalk repairs and send me the invoice if I see it is more efficient or less expensive than me doing the work? Yes, if you choose to have the City do the sidewalk repairs, you do not have to take any action at this time. The notice is being sent as part of the process under State Law. Upon the end of the noticing period, the City would hire a contractor to do the repairs and will send you the invoice upon City Council acceptance. . When did the City adopt the policy of property owners being responsible for sidewalk repairs? And did the City hold a public discussion and obtain public input before adopting the policy? The City first formally adopted a law requiring adjacent property owners to keep their adjacent sidewalks in a safe condition in Ordinance No. 271 in October 1933. That ordinance made failure to maintain the sidewalk in a safe condition a misdemeanor offense. The State Legislature adopted the current Streets & Highways provisions regarding the obligation of adjacent property owners to keep the sidewalks in a safe condition in 1941. The City's sidewalk repair obligation was amended in Ordinance No. 372 in May 1941 to use the State provisions for a notice to repair followed by City repairs of an unrepaired sidewalk. Almost fifty years later, in Ordinance No. 1422 in 1990, the City Council decided it would use City general funds to pay for sidewalk repairs adjacent to single family homes and in other instances where the sidewalk was damaged by a City tree. In 2002, the City experienced $9 Million loss of revenue as a result of 9/11 Attack. Despite of the budget shortfalls, the City funded the sidewalk program until 2003. However, due to continued budget shortfalls in 2004, the City Council was compelled to return to the previous policy requiring adjoining property owners to pay for sidewalk repairs. The City Council held public discussions and meetings to obtain public input before adopting the policy requiring adjoining property owners to be responsible for sidewalk repairs. Is the concept of property owners paying for sidewalk repairs a new one? No, as discussed above, the City has been requiring adjacent owners to repair the sidewalks in front of their properties for about 65 years, For about 15 years, the City was able to fund sidewalk repairs costs for single family homeowners and for damage caused by City trees. Due to budget constraints, many cities in California have also been requiring the property owners to pay for sidewalk repairs. Which cities in the Peninsula require property owners to be responsible for sidewalk repairs? A recent survey shows that the following cities in the Peninsula are requiring the property owners to repair their adjoining sidewalk: • Pacifica • Daly City • San Bruno • Millbrae • San Mateo • Foster City • Belmont • San Carlos • Redwood City* • Menlo Park* • East Palo Alto *Menlo Park and Redwood City require that property owners pay 50% of the repair costs. South San Francisco and Half Moon Bay do not require the adjoining property owners to be responsible for sidewalk repairs. Hillsborough, Portola Valley and Woodside do not have sidewalk repair program. Since the sidewalk damages are caused by street trees, why doesn't the City pay for those repairs? Being a Tree City USA, Burlingame highly regards tree preservation and protection of the urban forest. Although the trees are located in the street right of way, they are community property and contribute to the enhancement of the quality of life as well as promote property values. The City is the custodian for protecting, preserving and maintaining these trees for the community. Although, Burlingame has limited funds, it does pay for all of the tree maintenance. In comparison, Millbrae requires property owners to pay for sidewalk repairs as well as tree maintenance. Are the homeowners liable if someone is injured by a sidewalk tripping hazard? Typically, the injured victim may bring lawsuit against the City, the adjoining property owner and any other entity involved. The liability of each party depends on the circumstances, responsibility and other factors that may have played role in the victim's claim. The obligation to keep the sidewalk in safe condition does not shift the liability for a trip and fall on the sidewalk to the adjacent property owner. Normally, the City remains ultimately responsible for the condition of the public sidewalks under State law. 30 days is too short of a notice for sidewalk repairs. Can there be time extension? The 30 days notice is based on the State Streets and Highway Code. At the end of the 30 days notice, the City performs the sidewalk inspections and gives additional 30 days time for doing repairs. Therefore, a total of 60 days are given to the property owners to repair the sidewalks. If you cannot do the work in the 60 days and need additional time please contact the Public Works Department. Staff will work with you to provide you with a reasonable time extension; however, the City has to set a timeline in order to assess the amount of repairs and select qualified contractors to complete the work in a reasonable time to minimize liability. If the City performs the sidewalk repairs, when will the property owners receive the invoice of the repair costs? After the completion of the repairs, a final expenditure report is prepared for the City Council approval. Each property owner is given notice of the expenditures with r egard t o t he o wner's p roperty a nd t he t ime and date o f t he C ity C ouncil hearing. At the hearing, an owner can protest the proposed assessment as to the owner's property. After the City Council approves any costs, the repair cost bills will be sent to the County Assessor's office to be collected as part of the property taxes. This will take approximately one year to get the tax bill to the property owners after the work is done. Why does the City crew repairs the sidewalk with asphalt concrete patch instead of concrete? If a s idewalk t ripping hazard i s b rought t o t he a ttention o f t he C ity, t he P ublic Works Department staff would immediately repair it with asphalt to protect the public health and safety. However, asphalt patches deteriorate relatively quickly and need to be replaced with concrete as a permanent fix. Am I responsible, if a tree is damaged during the sidewalk repair? Please contact the Parks and Recreation Department before beginning the sidewalk work in an area of tree. The City arborist will assist you in safely doing the sidewalk repairs without damaging the tree. However, if the tree is damaged during the work and you took all the precautions that one can possibly take to protect the tree, the Parks and Recreation Department will take into account the care that went into protecting the tree and will evaluate the situation on a case by case basis. What should I do if I encounter tree roots under my sidewalk while doing repairs? Please contact the City's arborist who will assist you in identifying methods and techniques to do the work while protecting the tree. Further, the arborist would also share with you the techniques to slow down the growth of tree roots under the sidewalk and delay future sidewalk problems as much as possible. Being a Tree City USA, the tree roots will continue to damage the sidewalk. How many times should I have to replace the sidewalks in the future? Being a Tree City USA, Burlingame will continue to face this problem. If the City's financial situation improves, Council has the option to change the requirement that property owners be responsible for sidewalk repairs. Has the City considered alternative sidewalk solutions? Yes, there is a new sidewalk material made of rubber recently introduced in the market. It is currently being used by some agencies on a trial basis to see how it performs when impacted by tree roots. The rubberized sidewalk is believed to allow the root growth underneath and prevent tripping hazards. However, the cost of this sidewalk material is 3 to 5 times higher than a traditional concrete sidewalk and is cost prohibitive at this time. The City is monitoring the market conditions and plans on using this material if it is cost effective Since large trees will continue to grow and cause ongoing sidewalk damage, can the City set a policy to replace these trees with less problematic younger trees? The Parks Division has a tree replacement policy in place in the event a large tree meets the criteria for removal. Property owners may select a tree from the "Official City Street Tree" list. Most of these trees are proven to have less aggressive root systems. In addition, whenever possible the City will require meandering or curved sidewalks in an effort to increase the tree planting area for present and future trees. Property owners may install root barriers during sidewalk replacement to delay roots from encroaching into the sidewalk area. CITY COUNCIL STUDY SESSION — SIDEWALK REPAIR PROGRAM AUGUST 8, 2007 PUBLIC LIRBRARY, LANE ROOM 7:00 — 9:30 p.m. OPTIONS (from the council and public) 1 . Charge convenience fee to offset credit card fees ($66,000) ** 2. Use fee increases from fee study to cover this cost 3. Increasing tot to generate additional revenue *** 4. Grinding & patching within annual inspection areas 5. Reduce $$ for consultants * 6. Provide contractor sources to those doing the work on their own 7. Ability to remove trees that are inappropriate for plant area 8. Re-evaluate policy of street trees, value & benefits 9. Property transfer tax 10. Consider costs for property owners directly to contractors rather than through city 11. Rubber sidewalks or other technologies (wait for new technologies more effective than asphalt) 12. Assessment district 13. 50150 split to a maximum $600 14. Prioritize program by amount of traffic on sidewalks 15. Cut city employee benefit package 16. Flood control measure back on ballot 17. Look at budget more closely 18. Raise property tax to pay for sidewalks 19. Restructure bond measure 20. Pavers QUESTIONS (from the public recorded during the public comment period) 1. What is being under funded? 2. What does the street dept do? 3. Why are homeowners responsible for damage caused years ago? 4. Is city responsible for repairs as they own the trees? 5. Has city considered property transfer tax? 6. Are repairs waste of time & money? 7. Will sidewalk last past next time needed for tree work? 8. Where is property tax $$ going? * 9. Why do we not recommend assessment district? 10. How do we get large trucks to pay for damage to roadways? 1 11. Does city have construction standards 12. Why doesn't city provide property owners with indemnification? 13. Can we increase sales tax? 14. What was revenue for 2007? 15. Is Palo Alto tree city use &how do they maintain sidewalks? 16. Define costs of sidewalk repairs Note * indicates number of others repeating the question or option. Council follow up comments Baylock: - Put on future agenda - Pits trees vs. Sidewalks - City sidewalk contract standardizes work - Consider 50/50 split Keighran: - Need for CIP funding - Measure H efforts by the Council were outstanding - Trees major problem to sidewalks &very important to community - City should cover sidewalk repairs that are caused by city trees - Increase TOT to cover costs - SCA 12 or city storm drain measure - Possibly combine sidewalk/storm drain on ballot Cohen: - Council wants to pay for sidewalks - Many more important issues - Need to identify an option that is sustainable for the long term - Will consider options looking for equitable - Aesthetics (look/feel) of city due to trees in large part O'Mahony: - City having one contractor do the work for uniformity - Increase sales tax (user taxes)has pitfalls/disadvantages - City receives little of sales tax—most of the money goes to the state - Property tax to general fund for city expenses - Suspend sidewalk repair—look at SCA 12 - Put on future agenda - City should pay if damage from city trees Nagel: - Council identified flood control as priority - Problem was in communication with public - Inequities of corner homes or older trees on property - Look at capping/sharing costs - Consider allowing trees to be removed if inappropriate species 2 50/50 too much time to administer - More expeditious/less cost if city use one contractor Increase TOT (hotel tax) - Credit card convenience fee Roadway impact fees SCA 12 or city measure for flood control 3