Title
Recommendation to Approve Administration of a New Voluntary Sidewalk Repair and Enforcement Program and Direct Staff to Return to the City Council with Related Revision of the Alameda Municipal Code. (Public Works 310)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) has over 220 miles of public sidewalk. Safe, accessible, and well-maintained sidewalks are fundamental to mobility, accessibility and healthy communities. The California Streets and Highway Code, and the related implementing provisions of the Alameda Municipal Code (AMC), place primary responsibility for sidewalk condition and repair with the adjacent property owners. The City is required to notify the owner of their responsibility to make the necessary repairs and if those repairs are not made, the City is to execute the repairs and collect the cost of the repairs, which could include a lien on the property. Although the adjacent property owner bears primary responsibility for sidewalk conditions and repair, the City’s long-standing practice is to repair sidewalk damaged by street trees. The City also makes all sidewalk repairs adjacent to City-owned property regardless of cause.
To improve sidewalk safety and accessibility, staff recommends implementing a new voluntary repair program for property owners to have the City execute the repairs and invoice them for the cost. The new program will be coupled with active enforcement for non-compliance or payment. Meaning, if a property owner is either non-responsive to City notifications for sidewalk repair or does not pay for the cost of the repairs, property lien proceedings will commence to reimburse the City for executing the repairs. Staff also recommends that the program have a financial hardship policy for those unable to pay all or a portion of the repair costs and that the City continue its practice of making repairs for sidewalk damage caused by street trees.
If directed by City Council to modernize the applicable AMC sections and implement the new voluntary program, staff will prepare an ordinance setting forth an updated set of procedures which are in compliance with and supplementary to the procedures set forth in the Streets and Highways Code. In addition to the ordinance, staff will include a budget amendment for City Council consideration to increase the revenue and expenditures in the sidewalk program based on projected property owner participation in the program.
BACKGROUND
The sidewalk system is a vital component of the City’s infrastructure and plays an essential role in the community’s quality of life and safety. As conduits for pedestrian movement and access, they enhance connectivity and promote walking. As public spaces, they can activate streets socially and economically. Safe, accessible, and well-maintained sidewalks are fundamental to mobility, accessibility, and healthy communities.
The City has over 220 miles of public sidewalk and 20,000 street trees within the public right-of-way. As trees grow and mature, site conditions, such as narrow planting strips, high ground water and soil conditions, result in tree roots raising the sidewalk, curb, gutter, and pavement areas. In addition, as the overall age of the sidewalk increases, the concrete can crack, be crushed, have differential settlement, or otherwise be in disrepair. This can create hazards for sidewalk users and be an accessibility barrier for persons with a disability.
The California Streets and Highway Code, and the related implementing provisions of the AMC, place primary responsibility for sidewalk repair on the adjacent property owner. The City, upon becoming aware of any sidewalk disrepair, is required to notify the applicable owner of their responsibility to make the necessary repairs within a specified timeline and to certain construction standards. If the property owner does not make the necessary repairs, ultimately the City is authorized to execute the repairs and lien the property, if necessary, to collect the cost of the repairs. The City is not currently doing this.
Although the adjacent property owner bears primary responsibility for sidewalk conditions and repair, the City’s long-standing practice is to repair sidewalks damaged by street trees since the trees are the responsibility of the City. Other repairs have remained the responsibility of the property owner.
The City’s existing sidewalk program consists of three components: 1) temporary repairs (concrete cutting and/or asphalt patches) made to sidewalks damaged by street trees; 2) removal and replacement of sidewalks damaged by street trees; and 3) notification to property owners informing them of their responsibility to repair sidewalk damage not caused by street trees. As noted above, the City does not currently make repairs when the responsible owner fails to make those repairs and does seek to recover costs by placing a lien on properties, when necessary.
Temporary repairs can address tripping hazards quickly for a relatively low cost. Although the cause of the tripping hazard (uplifting tree roots, differential settlement, etc.) is not addressed, it removes the immediate hazard or barrier to accessibility and extends the time before the concrete requires replacement. There are financial and environmental benefits to temporary repairs, when feasible. The production of concrete releases carbon dioxide, a greenhouse gas emission, into the atmosphere. Replacing concrete only when necessary reduces the overall carbon footprint of the sidewalk program.
From 2018 to 2023, City Council appropriated $4,000,000 to the sidewalk capital program. With this funding staff removed over 17,000 sidewalk tripping hazards with concrete cutting and replaced over 45,000 square feet of sidewalk, all damaged by street trees and/or adjacent to City property.
Staff recently surveyed public sidewalks based on the Public Right-of-Way Accessibility Guidelines (PROWAG). The PROWAG standards are developed by the U.S. Access Board to ensure compliance with the Americans with Disabilities Act (ADA) of 1990. Despite the City’s progress under the sidewalk program over the last 5 years, the results of the survey include widespread sidewalk hazards and accessibility barriers, many of which are property owner responsibility.
Public Works also receives public requests to fix sidewalk damage. In response to these requests, if the sidewalk repair is the property owner’s responsibility, staff only notifies the responsible party. Sidewalk repair work can be costly and is often unexpected if the property owner is not aware of their responsibility. In addition, the property owner must find a contractor to do the work and obtain the required City permit. The rate of compliance for properties executing repairs is low.
DISCUSSION
Staff researched other cities’ approaches to sidewalk repair, which are varied. Some maintain the sidewalk damage is property owner responsibility, others take on responsibility and still others share in the cost. The cities of Oakland, Concord, Sacramento and likely others offer a voluntary repair program whereby the adjacent property owner can elect to have the city perform the repairs and be invoiced for the cost. A city performing the work creates an economy of scale cost efficiency and allows for permits to be waived for property owners. This simplifies the repair process for property owners and reduces the cost of construction, when compared to the cost of hiring an independent contractor to do the job. Participating property owners also save time by not having to find a licensed contractor, apply for a permit or schedule inspections. The owner still has the option to hire their own contractor and in that case a permit is still required for the sidewalk work.
The City of Berkeley has voluntary repair program; however, they split the cost of repair with participating property owners whether the damage was caused by a tree or not. If a City of Berkeley tree causes damage to a sidewalk, Berkeley will pay half the cost of repairs under the program. If the same tree causes damage again within 10 years, the City of Berkeley will pay the full cost of repairs. If the same tree causes damage a third time, the City of Berkeley will pay the full cost of repairs and the property owner can request removal of the tree, at their own expense.
Other program alternatives include an ordinance with triggering events such as a property sale or permit of a certain value, whereby the sidewalk fronting a property is required to comply. The cities of Albany and Oakland both implement a point of sale and/or remodel sidewalk ordinance. In 2016, Albany also passed a 10-year parcel tax to support repairs to the most damaged sidewalks. Once those repairs were made with the parcel tax funds, responsibility of the sidewalk is returned to the property owner.
Most cities researched have a financial hardship eligibility, that if demonstrated, either offer the sidewalk repair at no cost, a reduced cost or on a payment plan.
After consideration, staff recommends the City continue its current practice of incurring the cost for sidewalk damage caused by street trees. As noted in the City’s Street Tree Master Plan, the City highly regards tree preservation and protection of the urban forest. Street trees and sidewalks are often at conflict and staff are concerned that if this practice stops, there will be a large uptick in tree removal requests.
Staff further recommends the City implement a new voluntary sidewalk repair and enforcement program, similar to Oakland, Sacramento and Concord, given the variety of benefits afforded to property owners and the potential for improved compliance. The program will include a financial hardship policy and clear enforcement procedures. If the property owner elects to have the City do the work and does not pay the invoice, enforcement proceedings will commence. If the owner does not participate in the voluntary repair program and does not make the repairs on their own, the City will issue additional notifications before ultimately making the repairs and attempting to collect payment. In both cases, enforcement may potentially include a lien on the property to recover City costs in making the repairs.
Administering the recommended voluntary sidewalk repair program will be administratively demanding and require systems development to issue notifications, track program participation, prepare invoicing, manage payments and facilitate lien proceedings. At this time, staff does not recommend additional staffing for the new voluntary program or having an administrative fee to participate in the program. Staff is exploring online payment options and third-party processing fees may apply; however, alternative payment options without a fee will be offered. At the end of the first year of program implementation, staff will re-evaluate staffing and cost recovery. Additional staffing and program costs will be funded by the sidewalk capital budget, as will repair costs caused by street trees.
While significant progress to address sidewalk damage caused by street trees was made over the last five years with steady funding investments by City Council, more is needed. Locations and/or neighborhoods that require significant attention are those that require costly design, road reconfiguration and/or difficult decisions and outreach regarding potential tree removals, such as along Gibbons Drive. Staff intend to begin addressing these locations in Fiscal Year 2024/25 with funding appropriated in the two-year capital budget and additional funding pending approval of the 2023-2025 Mid Cycle Budget.
To modernize the applicable AMC sections and implement the new voluntary program, staff will, if directed by City Council, prepare an ordinance setting forth an updated set sidewalk repair procedures which are in compliance with and supplementary to the procedures set forth in the Streets and Highways Code.
The new voluntary program will be deployed according to the priority framework in the City’s ADA Self Evaluation and Transition, pending approval by City Council. Main Streets, as defined in the City’s General Plan, sidewalks in the vicinity City buildings and parks, and sidewalks in socially vulnerable neighborhoods are the first order of priority. Sidewalk repair adjacent to City building and park properties is City responsibility and City funds will be used for the repairs. Local Streets are the next priority and then Neighborhood Connectors, Gateway, and Business. Requests from the public experiencing an accessibility barrier or sidewalk hazard will be prioritized. This framework will replace the previous zone-based work, where the City was split into five geographic areas moving west to east.
Staff do not, at this time, recommend a program based on triggering events, such as a property sale or permit of a certain value. While this type of program is another viable means of driving sidewalk repair work, it would involve extensive outreach and program development. Staff only have the capacity to develop one new program at a time, and the voluntary sidewalk repair program offers a streamlined process for owners to make repairs and is likely to promote more work. In addition, the voluntary program can be implemented in geographic areas according to the priority framework in the ADA Plan versus individual properties that happen to meet a program trigger. Adding this type of program may be considered after the voluntary program is established.
ALTERNATIVES
• Approve the proposed voluntary sidewalk repair and enforcement program and staff returning to City Council with a Public Hearing to consider the first reading of an ordinance to codify the new program in the AMC.
• Provide alternative direction on the sidewalk program. For example, City Council could direct staff to no longer make sidewalk repairs caused by street trees or staff could initiate enforcement now under existing law and not launch the voluntary repair program intended to increase in compliance of owners making repairs.
FINANCIAL IMPACT
Funding for sidewalk replacement is budgeted in the Capital Improvement Program (Project No. C14000). Historically, funds have been allocated from the Measure BB (Fund 231), Gas Tax (211), and/or General Funds. City Council adopted the Fiscal Year (FY) 2023-25 capital budget with $2,000,000 in funding for sidewalks. An additional $2,000,000 in General Funds is proposed as part of the FY 2024/25 Mid-Cycle Budget. These funds will be used to address sidewalks damaged by street trees, to deploy widespread temporary repairs to immediately remove tripping hazards and be a source of funds for the financial hardship component of the proposed voluntary program, should City Council approve administration of the program. There is no additional impact to the General Fund from City Council’s direction on this item.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Strategic Plan Project TI19 is, “Implement ADA (Americans with Disabilities Act) plan for City programs, facilities, parks, streets, and sidewalks.”
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c), Existing Facilities.
CLIMATE IMPACT
Safe, accessible sidewalks are essential to meeting the vehicle miles traveled reduction goals in the City’s Climate Action and Resiliency Plan.
RECOMMENDATION
Approve administration of a new voluntary sidewalk repair and enforcement program and direct staff to return to the City Council with related revision of the AMC.
Respectfully submitted,
Erin Smith, Public Works Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director