CC_Agenda_03-04-2026_Item_5 — Calexico City Council, March 4, 2026

AGENDA
ITEM
5 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET 5

CITY COUNCIL

AGENDA STAFF REPORT
DATE: March 4, 2026
TO: Mayor and City Council
APPROVED BY: Benjamin A. Martinez, City Manager
PREPARED BY: Michael Coyne. Planing & Biling Drectell
SUBJECT: Adoption of a Sidewalk Repair and Replacement Policy by City Council Resolution and Introduction and First Reading by Title Only of an Ordinance of the City Council of the City of Calexico, California, Adding Chapter 12.06 to the City of Calexico Municipal Code Establishing Property Owner Responsibilities for the Maintenance of Sidewalks, Parkways and Trees and Shrubs in the Public Rights-of-Way Recommendation:

Adopt a Resolution Establishing a Sidewalk Repair and Replacement Policy and Introduce and Waive First Reading by Title Only of an Ordinance of the City Council of the City of Calexico, California, Adding Chapter 12.06 to the City of Calexico Municipal Code Establishing Property Owner Responsibilities for the Maintenance of Sidewalks, Parkways and Trees and Shrubs in the Public Rights-of-Way Background:

Under California law, property owners are responsible for the maintenance of sidewalks and any landscape strips in the right-of-way adjoining their property. The law is codified in Streets and Highways Code Section 5610, which states:
"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 when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto." Many cities have adopted local implementing ordinances to adequately enforce Streets and Highways Code Section 5610 and ensure property owners adhere to State law. Many property owners are under the perception that the duty to repair sidewalks and maintain trees and shrubs in parkway areas rests solely on the City. Public outreach completed through social media (a Facebook post) confirmed this perception. The proposed ordinance will ensure that there is a clear legal requirement at the local level

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for property owners within the City to repair and maintain the sidewalks and landscape areas in the right- of-way adjacent to their property.

The proposed ordinance would also supplement existing Calexico Municipal Code Section 12.08.020, which requires "[elvery occupant, or owner, of the ground level portion of a building in a business district or commercial zone of the city ... to maintain the sidewalk or an alley adjacent to his portion of the building in a clean and unobstructed condition, clear of all litter or debris of any nature." If adopted, the proposed ordinance would require that all businesses within the City provide waste receptacles near their main customer entrance within the interior of their businesses, where customers can adequately discard of any waste originating trom said businesses, including all cardboard and packaging waste, as to not allow such waste to litter adjoining sidewalks and impede safe pedestrian travel therethrough.

Discussion and Analysis:

Maintaining sidewalks in a safe condition, free of litter and with adequately trimmed trees and shrubs, allows for the proper passage by pedestrians, enhancing the City's connectivity between businesses and neighborhoods, while also beautifying the City. The proposed ordinance will provide an additional enforcement tool to the City to ensure that property owners are adequately maintaining their property's frontages.

The proposed ordinance would be implemented by Code Enforcement in coordination with the Public Works Department, in accordance with City's administrative citation procedures as set forth in Chapter

1.27 of the Calexico Municipal Code. Current Code Enforcement policy is to issue property owners up to two written notices of violation, which are warnings to correct a violation that do not carry a fine. Code Enforcement provides for a reasonable period of time to correct the violation, usually 30 days, depending on the type and severity of the violation, with the goal of achieving compliance from the property owner before issuing any fines. If compliance is not achieved in a timely manner, Code Enforcement will issue the property owner successive administrative citations, which are penalties that carry incremental fines of $150 for the first citation, $300 for the second citation, $500 for the third citation, and $1,000 for any additional citation, until the violation has been corrected and compliance is achieved.

Although the proposed ordinance will clearly establish that all property owners are responsible for maintaining sidewalks and landscape strips along their properties, as in many cities, the City may continue to voluntarily repair and/or replace sidewalks, for example, as part of a grant-funded project included in the City's capital improvement program.

Due to the expensive nature of sidewalk repairs, a separate policy on such repairs by resolution is suggested for adoption by the City Council. The proposed Sidewalk Repair and Replacement Policy would provide that any notice to a property owner from the City to replace or repair a sidewalk would be based on the determination by the Public Works Director that such repair or replacement is needed based on current best practices and legal standards. As part of the policy, the City would continue to strive to repair or replace sidewalks along private property as part of capital projects when funding is available, but such work would remain voluntary and would not indicate that the City assumes responsibility for maintenance of sidewalks along private property.

Under this policy the City would not proactively inspect City sidewalks to identify safety hazards.

However, if a citizen were to report a sidewalk that might present a safety hazard, the Public Works Department would investigate the complaint and determine whether a hazard exists. If such a hazard were confirmed, Public Works would send a written notice to the property owner, including photographs of the conditions, explaining that repair or replacement would be needed. Public Works would also offer to meet on-site with the owner to review the required repairs. Should a property owner fail to comply or

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fail to show a demonstrable willingness to comply within ninety days, Public Works would refer the matter to the Police Department's Code Enforcement Division. Code Enforcement would then issue up to two warning (violation) notices followed by administrative citations as set forth in Municipal Code Chapter

1.27. A demonstrable willingness to comply would include actions such as securing a contract with a qualified contractor, preparing draft design plans, or submitting an encroachment permit application. The encroachment permit required for these repairs would not carry a fee. If compliance is still not achieved within a reasonable time, the City would have the option to repair or replace the sidewalk at the owner's expense and would then place a lien on the property tax roll. If the owner applied for a Hardship Waiver would remain voluntary and would not shift sidewalk repair responsibility to the City.

Property owners would be allowed to voluntarily repair or replace sidewalks that are in disrepair, even when the damage, such as minor cracks, might not constitute a safety hazard. If such work were voluntary and not associated with a new development or redevelopment project, the required encroachment permit would not include a fee. This would incentivize sidewalk improvements throughout the City. However, a development or redevelopment project valued at more than $150,000, adjusted annually for inflation from a 2026 baseline using the Consumer Price Index, would not qualify for this permit fee waiver.

For any new development or redevelopment project or instances when the property owner causes damage to a sidewalk (i.e. through use of heavy trucks or equipment), the Public Works Director would have the authority to require sidewalk repair or replacement when appropriate. This requirement would apply not only in cases of imminent safety hazards, but also where repairing cracking or chipping would help extend the overall life of the sidewalk.

Environmental Review
Staff recommends that the City Council find that the proposed ordinance is not subject to the California Environmental Quality Act because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment (Sections 15060(c)(2) and (3)).

Fiscal Impact:

The proposed Ordinance will not have a direct fiscal impact on the City.

Coordinated With: Best Best & Krieger, LLP, City Attorney Jesus Villegas, Public Works Director
Armando Orozco, Police Chief
Attachments):

1. Draft Resolution

2. Draft Ordinance

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ATTACHMENT NO. 1
RESOLUTION NO. 2026 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO,

CALIFORNIA, ESTABLISHING A SIDEWALK REPAIR AND REPLACEMENT POLICY

WHEREAS, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, FINDS THAT:

1. The City of Calexico, California ("City") is a municipal corporation, duly organized under the laws of the State of California; and

2. The California Streets and Highways Code, Section 5610 et. seq., assigns the responsibility of maintaining sidewalks in such a condition that will not endanger persons or property and provide safe and clear paths of travel for all individuals to the adjacent or fronting property owner; and

3. Well-maintained sidewalks, parkways, and trees are critical to safety, accessibility, environmental sustainability, economic vitality, community aesthetics, and the public health, safety and welfare; and

4. The City of Calexico Municipal Code standards are intended to maintain public health, safety, and quality of life for the City's residents; and

5. The purpose of this Resolution is for the City Council of the City of Calexico, California ("City Council"), to adopt a Sidewalk Repair and Replacement Policy.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Calexico as follows:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Adoption of a Sidewalk Repair and Replacement Policy. The Sidewalk Repair and Replacement Policy incorporated herewith as Exhibit "A" is approved and may amended from time to time.

SECTION 3. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Effective Date of Resolution. This Resolution shall take effect with the effective date of the ordinance establishing Municipal Code Chapter 12.06.

PASSED, ADOPTED, AND APPROVED at a regular meeting of the City Council of the City of Calexico, California on the 4" day of March 2026, by the following vote:

Victor Legaspi, Mayor
ATTEST:

Veronica Luna-Alvarado, City Clerk
APPROVED AS TO FORM:

Henry G. Castillo, City Attorney

STATE OF CALIFORNIA

COUNTY OF IMPERIAL ) SS

CITY OF CALEXICO
I, Veronica Luna-Alvarado, City Clerk of the City of Calexico, California, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Calexico held on the 4'h day of March 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Veronica Luna-Alvarado, City Clerk

EXHIBIT A

SIDEWALK REPAIR AND REPLACEMENT POLICY
PURPOSE. The purpose of this policy is to ensure fair and consistent implementation of the sidewalk maintenance standards set forth in Calexico Municipal Code Section 12.06.

POLICY. Any notice to a property owner from the City, including violation notices and administrative citations, to replace or repair a sidewalk shall be based on the determination by the Public Works Director that such a repair or replacement is needed based on current best practices and legal standards.

The City shall strive to repair or replace sidewalks in need of repair along private property as part of capital improvement projects as prioritized by the City Council and as funds, including grant funding, is available; however, such work by the City is strictly voluntary and shall not be construed as the City assuming responsibility over the repair and maintenance of sidewalks along private property.

When the City receives a citizen complaint on a sidewalk that may present a safety hazard, the Public Works Department shall investigate the complaint and determine whether such a hazard exists. If such a hazard is identified, the Public Works Department shall provide a written notice to the property owner, including photographic identification of the hazard(s), advising the property owner that sidewalk repair or replacement is needed. The Public Works Department shall offer to meet on-site with the property owner to identify the repair work needed. If compliance from the property owner or a demonstrable willingness to comply is not achieved within 90 days, the Public Works Department shall refer the case to the Police Department - Code Enforcement Division for enforcement based on the issuance of up to two violation notices (warnings) and the issuance of administrative citations, thereafter, pursuant to Municipal Code Chapter 1.27. Demonstrable willingness to comply shall be evidence of a construction contract with a construction company qualified in completing sidewalk repair, draft design plans, and/or a completed encroachment permit application. The encroachment permit required to complete the repair from such notices from the City shall not carry a fee. If compliance is not achieved in a reasonable period of time, the City may voluntarily replace or repair the sidewalk at the property owner's expense and place a lien on the property tax roll. If a property owner petitions for a Hardship Waiver and demonstrates the inability to pay for the sidewalk repair due to demonstrable financial constraints, the City may complete the repair work and place a lien on the property that shall not be due until the sale of the property. However, no lien shall be placed on a property where a Hardship Waiver is granted if the sidewalk repair work is less than $500, including City labor and materials. Such work by the City is strictly voluntary and shall not be construed as the City assuming responsibility over the repair and maintenance of sidewalks along private property.

Property owners may also voluntarily repair or replace sidewalks in disrepair, including sidewalks that are cracked and that may not necessarily present a safety hazard. When such a repair is voluntary and not associated with a new development or redevelopment project on the property, the encroachment permit required to complete the repair shall not carry a fee. A new development or redevelopment project shall be a new grading and/or building project with a valuation greater than $150,000 adjusted annually based on the Consumer Price Index (CPI) with a baseline year of 2026.

Any new development or redevelopment project may be required to replace or repair sidewalks at the discretion of the Public Works Director, including sidewalks that are cracked and/or chipped where repair may be needed to extend the life expectancy of the sidewalk and not necessarily solely due to an imminent safety hazard. The Public Works Director shall also have the discretion to initiate a sidewalk repair or replacement order to a property owner, where it can be clearly established that the sidewalk damage has been caused by operations on the property, such as because of demolition work and/or the use of heavy equipment and trucks. In such cases, the property owner shall bear the full costs of the sidewalk repair and required encroachment permit.

ATTACHMENT NO. 2
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, ADDING CHAPTER 12.06 TO THE CITY OF CALEXICO MUNICIPAL

CODE ESTABLISHING PROPERTY OWNER RESPONSIBILITIES FOR THE

MAINTENANCE OF SIDEWALKS, PARKWAYS AND TREES AND SHRUBS IN THE

PUBLIC RIGHTS-OF-WAY

WHEREAS, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, FINDS THAT:

1. The City of Calexico, California ("City") is a municipal corporation, duly organized under the laws of the State of California; and

4. The City of Calexico Municipal Code standards are intended to maintain public health, safety, and quality of life for the City's residents; and

5. Chapter 12.06 will clearly establish property owner responsibilities for the maintenance of adjoining sidewalks, parkways, and trees and shrubs in the public rights-of-way, including the duty to maintain adjoining sidewalks free of trash and litter originating from businesses on adjacent properties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Addition of Title 12, Chapter 12.06 "PROPERTY OWNER RESPONSIBILITIES" - Chapter 12.06 of the Calexico Municipal Code is hereby added to read as follows:
"Chapter 12.06 - PROPERTY OWNER RESPONSIBILITIES

12.06.010 - Maintenance and Repair of Sidewalks and Landscaping in Rights-of-Way.

A. Pursuant to Streets and Highways Code Section 5610, it is the duty and responsibility of all property owners to maintain the grounds of sidewalks, parkways, and maintenance strips within the public right-of-way along the owner's property between the property line of the adjoining property and the street line, regardless of whether such property is developed.

Property owners are responsible for watering trees growing in public rights-of-way. The owner of any property has the primary and exclusive duty to perform maintenance of any sidewalk, parkway, or maintenance strip along the owner's property, regardless of whether the city has notified the owner of the need for such maintenance or has performed similar maintenance in the past. The property owner shall owe a duty to members of the public to keep and maintain the sidewalk area in a sate and nondangerous condition.

B. Maintenance and repair of sidewalk areas shall include, but not be limited to, keeping sidewalks clean and free of litter, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area. It shall be the responsibility of the property owner to obtain any required encroachment permits) from the Public Works Department for work within the public right- of-way.

C. It is the duty and responsibility of every person owning or occupying any real property within the city, to keep all trees on that property trimmed in such a manner that meets city clearance standards for any street, alley, and sidewalk. It is also the duty and responsibility of every person owning or occupying any real property within the city to keep all trees and shrubs on that property trimmed in such a manner that they do not obstruct the view of any traffic sign or device for vehicle traffic in the direction controlled by that traffic sign or device.

D. Property owners having trees or shrubs growing on public rights-of-way must maintain these trees and shrubs to a reasonable standard of care. Reasonable care ensures that trees and shrubs growing on public rights-of-way do not block pedestrian visibility; do not obstruct street clearance requirements; do not obstruct sidewalk clearance requirements; do not obstruct traffic signals or signs; do not grow into overhead utility lines; and do not allow tree root structures to undermine sidewalks, curbs, gutters, adjacent roadways, and underground utilities such as water and sewer lines. Street clearance is defined as a minimum of 13 feet, six inches from the lowest branches to the street. Sidewalk clearance is defined as a minimum of eight feet from the lowest branches to the sidewalk.

12.06.020 - Duty to Maintain Waste Receptacles.

All businesses within the city where a customer may need to discard of waste originating from said businesses, including, but not limited to retail establishments, restaurants, offices and parcel delivery businesses, shall provide (an) adequately sized waste receptacle(s) near the main customer entrance within the interior of each subject business, where customers can adequately discard of any waste originating from said businesses, including all cardboard and packaging waste, as to not allow such waste to litter adjoining sidewalks and impede safe pedestrian travel therethrough.

12.06.030 - Liability for Injuries to Public.

The property owner required by Section 12.06.010 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by Section 12.06.010, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

12.06.040 - Enforcement and Penalties.
• Property owners who do not comply with this chapter may be cited by a city police officer or city code enforcement officer. Violations of this chapter may be enforced pursuant to the administrative citation procedure in Chapter 1.27 of this code. A violation of this chapter for thirty days or more shall constitute a public nuisance and is a misdemeanor violation subjecting the property owner to the general penalty section of this municipal code. In such event the city may remedy the violation(s) at the property owner's expense. Any unpaid expense of the city in this regard shall become a lien against the property.

SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 4. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.

SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

PASSED, ADOPTED, AND APPROVED at a regular meeting of the City Council of the City of Calexico, California on the 18"h day of March 2026, by the following vote: