HomeMy WebLinkAboutAGENDA REPORT 1995 1004 CC REG ITEM 11D...........
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AGENDA REPORT
C = TY OF MOORPARK
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: September 22, 1995 (Council Meeting 10 -4 -95)
SUBJECT: Consider Revised Policy Regarding Sidewalk Repairs
DISCUSSION
A. Background
In the past it has been the policy of the City to undertake and
fund the removal and replacement of curbs, gutters, sidewalks
and driveway aprons within the street right -of -way which have
been damaged by tree roots. For the most part, the offending
trees have been street trees located in a parkway within the
street right -of -way.
B. Revised Policy
It is recommended that the City Council approve a new Moorpark
Operating Procedure (MOP) revising the City's policies
pertaining to identifying responsibility for undertaking repairs
to damaged sidewalks, driveway aprons, curbs and gutters. The
draft MOP is attached as Exhibit 1.
C. Purpose
The purpose and intent of adopting the subject revised policy
is summarized as follows:
a) to clearly identify the parties responsible for undertaking
repairs to various categories of public improvements;
b) to require the repairs to be undertaken by the party
responsible") for the damage; and,
c) to eliminate the use of public tax dollars to fund such
repairs when the responsible party is known.
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1 Be advised that in this context being the responsible party does not require an overt act. One may
be a responsible party if one owns property upon which grows a tree having roots which have caused
damage to the sidewalk, curb or gutter.
sdwlk
Sidewalk Repairs
September 1995
Page 2
D. First Repair by City
The attached draft MOP states that, when damage is caused by
trees or other landscaping located on private property, the
first repair would be undertaken by the City. The purpose for
including this language is summarized as follows:
a) to encourage the property owner to undertake efforts to
remove, replace or otherwise take steps to prevent a
reoccurrence of the problem;
b) to not establish requirements which discourage taking such
action; and,
c) to not establish requirements which penalize a property owner
who was not responsible for planting the offending tree.
E. Funding Alternatives
The repair of damaged infrastructure should be undertaken by the
adjacent property owner whenever such action is warranted. One
reason for such a policy is that there is a very limited amount
of public funds available for the maintenance and repair of
public infrastructure.
Whenever such repairs are undertaken by a public agency in
California, the funding sources may include one of the
following:
• Gas Taxes: Annual revenues of approximately $600,000 are no
where near the amount required for long term maintenance.
• TDA Funds: Used to augment Gas taxes. There are increasing
demands to use all, or at least a greater percentage, of
these funds for transit project instead of street improvement
and /or maintenance projects.
• 1972 Act Assessment District: It has been the City's policy
to limit assessment district expenditures to landscape
maintenance costs.
• Redevelopment: MRA funds have been limited to reconstruction
projects.
• State and Federal Grants: In the past such funds have been
limited o major reconstruction projects.
adwlk
Sidewalk Repairs
September 1995
Page 3
General Fund: In the past the City has sparingly used the
General Fund to augment street maintenance and repair
projects. Be advised that the Maintenance of Effort (MOE)
provisions mandated by Proposition 111 will require
approximately $70,000 of General Fund monies to be allocated
to street maintenance efforts, as soon as the suspension of
the MOE requirements is lifted in FY 1997/98.
F. Repairs by Adjacent Property Owner May Be Required by Law
Section 5600 et. seq. of the Streets and Highways Code of the
State of California sets forth language which allows the local
agency to require the owner of the property adjacent to a given
parkway to maintain any sidewalk within said parkway, including
the repair of any sidewalk which is in a condition which
interferes with the public convenience and /or safety. The
subject revised policy would not implement such a requirement in
all cases, but would limit this obligation to only certain
situations which are described in Exhibit 1.
The City Council is advised that the above mentioned Sections of
the Streets and Highways Code set forth a set of administrative
procedures to be followed when a local agency requires such
repairs to be undertaken by the owner of an adjacent property.
Said procedures describe the manner in which the local agency is
to give notice of the needed repairs, administer the repair
efforts, undertake the work on behalf of the property owner,
when and if required, place liens upon such properties to
recover any such public costs and convene hearings to hear any
protests or appeals to such actions. If the subject revised
policy is approved, it is the intent of staff to develop and use
a set of procedures based on the provisions set forth in Section
5600 et. seq. of the Streets and Highways Code.
Approve the attached Moorpark Operating Procedure (MOP), attached
as Exhibit 1, identifying responsibility for the repair of
sidewalks, curbs and gutters.
sdwlk
Exhibit 1
MOP MOORPARK MOP NO.
OPERATING PROCEDURE DATE:
SUBJECT: REPAIR OF DAMAGE TO SIDEWALKS, CURBS AND GUTTERS
The responsibility for undertaking the repair of damaged
sidewalks, curbs and gutters shall be as follows:
Damage Caused -by:
Street trees or other
landscaping located within a
parkway maintained by the City.
Street trees or other
landscaping located within a
parkway maintained by a Home
Owners' Association.
Street trees or other
landscaping in a parkway located
within the street right -of -way
or an City -owned landscape
easement adjacent thereto.
Trees or other landscaping
located on private property.
Any activity of the owner of the
property fronting the damage,
including any agent of the owner
(e.g. renter, contractor, etc.)
Responsible
Party
City
HOA
City
First repair
by City
Subsequent repairs
by the owner of
property fronting
the damage
Owner of the
property fronting
the damage"
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