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<br />CITY OF SAN LEANDRO <br /> <br />STAFF REPORT <br /> <br />APPROVED AND <br />FORWARDED <br />TO CITY COUNCIL <br /> <br />DATE: <br /> <br />July 2,2007 <br /> <br /> <br />. J ermanis <br />anager <br /> <br />TO: <br /> <br />John Jermanis, City Manager <br /> <br />Uchenna Udemezue, Director <br />Engineering and Transportation D partment <br /> <br />BY: Keith R. Cooke, Principal Enginee rn~I~.~"l. /" <br />.::~, I <br />I, : <br />SUBJECT PROJECT/PROJECT DESCRIPTION: <br /> <br />FROM: <br /> <br />RESOLUTION AMENDING TITLE 8, CHAPTER 1 OF THE SAN LEANDRO <br />ADMINISTRATIVE CODE RELATING TO SIDEWALK REPAIR <br /> <br />SUMMARY AND RECOMMENDATION <br /> <br />It is proposed that Section 8.1.120 paragraph a.3 of the San Leandro Administrative Code be <br />revised to change the cost of sidewalk repair resulting from street tree damage borne by the <br />property owner to 50% and that the remaining 50% shall be borne by the City of San Leandro. <br /> <br />Staff recommends that the Administrative Code be amended to change the proportions for <br />sharing the cost of repair of sidewalks resulting from street tree damage from 20% property <br />owner / 80% City to 50% property owner / 50% City. <br /> <br />BACKGROUND <br /> <br />Sidewalks provide a safe location for pedestrians and wheelchairs to travel; however, sidewalks <br />require maintenance to remain functional. Sidewalks are public property, but state law and local <br />ordinances hold the owner of the fronting property responsible for the sidewalk maintenance. <br /> <br />Sidewalk offsets greater than 1/2" are considered a barrier to travel. Such offsets may be <br />eliminated by grinding the concrete, installing an asphalt concrete ramp, or by replacing the <br />sidewalk. Typically, an asphalt concrete ramp is considered a temporary solution whereas the <br />other two options are considered permanent solutions. <br /> <br />Analysis <br /> <br />Street trees are a desirable feature on our roadways, but they occasionally cause sidewalk <br />damage. Section 5-2-230 of the Municipal Code states that whenever damage to the public right- <br />of-way is directly caused by the action of a street tree, the City may repair the right-of-way <br />improvements exclusively or on any proportional cost basis determined by the Director of Public <br />Works. <br /> <br />Although state law holds the fronting property owner responsible for sidewalk maintenance, <br />requiring the property owners to pay for repair of damage caused by street trees discourages <br />