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Attachment 3 - Updated Public Sidewalk Maintenance Policy Clean

Foster City City Council
June 3, 2024

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Attachment 3 - Updated Public Sidewalk Maintenance Policy Clean
Meeting
June 3, 2024
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Foster City City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on fostercity.primegov.com. That file is the official record.

City of Foster City
Public Sidewalk Inspection and Maintenance Policy
Purpose and Goal
The goal of the Public Sidewalk Maintenance Program is the on-going safety of pedestrians and the on-going maintenance and appearance of sidewalks in Foster City in conformance with sections 5600-5630 of the California Streets and Highways Code and Chapter 11.08 of the Foster City Municipal Code.

Sidewalk Classification
This policy applies to all pedestrian accessways for which the City is responsible for maintenance, including sidewalks, park pathways and the levee pedway.

The California Streets and Highways Code Section 5600 defines “Sidewalk” to include park or parking strips maintained in the area between the property line and the street line and also curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. On sidewalks directly adjacent to City property, the City shall maintain all these areas.
“Pathways” includes any accessway whose primary use is for recreational, non- motorized use and which is constructed of asphalt over compacted soil. For the purpose of this policy, “pathway” generally refers to the paths in the interior of City-owned parks and the paved surface of the levee pedway.

City-maintained pedestrian accessways have been classified into two categories as follows:

1. High Traffic Areas (HTA). Include sidewalks/pathways that are designated for on-going recreational use, including the levee pedway and park pathways. Other sidewalk or pathway segments may be classified as HTA’s by the Public Works Director or his/her designee.

2. Standard Traffic Areas (STA). Include all sidewalks/pathways not designated as High Traffic Areas.

Mitigation/Repair Responsibility
The responsibility for the general condition of sidewalks in Foster City rests with the abutting property owners (California Streets and Highways Code Sections 5600-5630 and Foster City Municipal Code Chapter 11.08). When the City is the abutting property owner, the City is responsible for the general condition of the sidewalk. In cases where damage to the sidewalk is caused by public utility facilities such as electrical vaults, communication vaults, etc, the City may work with public utilities to coordinate repairs to sidewalks around their facilities.

The City is responsible for the following sidewalk/ pathways and related elements:
• Sidewalks immediately adjacent to publicly owned property (buildings, parks and infrastructure) • Sidewalks/ Pathways within public parks
• Levee pedway
• Sidewalks on publicly owned bridges or the junction of a sidewalk / pathway with a publicly owned bridge.
• Curb returns (corner sidewalk section) at any intersection that includes at least one public street (public/public or public/private)
• Curb and/or gutter adjacent to any of the above or adjacent to private sidewalk sections The City shall seek repayment for the cost of maintenance activities on areas of public responsibility when caused by private landscaping, facilities or activities.

Inspection and Inventory
The Public Works Department will maintain an inventory of all City-maintained sidewalks and the levee pedway, which will include a history of inspections, construction and maintenance information. The Public Works Department shall ensure that City-maintained sidewalks and pathways that are not within or adjacent to City parks, and the levee pedway, are routinely inspected as outlined in this policy.

The Parks and Recreation Department will maintain an inventory of City-Maintained pathways, which will include a history of inspections, construction, and maintenance information. The Parks and Recreation Department shall ensure that all park pathways and sidewalks within or adjacent to publicly owned parks are routinely inspected as outlined in this policy. Parks and Recreation personnel shall report observations on the levee pedway and City maintained sidewalks to the Public Works Department.

Inspections shall include the path of travel and related appurtenances, such as curbs, gutters, catch basins and related facilities.

All inspections shall be documented in a timely manner by the inspector or another on behalf of the inspector in a format and manner prescribed by the Public Works Director.

Reporting
• Inspectors. Public Works and Parks personnel conducting official inspections shall report their findings in a manner consistent with this policy and department protocol. • Other City Staff. All City staff members are expected to report areas of sidewalk requiring maintenance or repair that they are aware of to the Public Works Director or his/her designee.

The Public Works Director or his/her designee should take steps to ensure that all staff members, and especially field personnel, are aware of the sidewalk maintenance program and the types of conditions that should be reported.
• Public Concerns. Citizen concerns related to City-maintained sidewalks/ pathways will be documented by City Staff. City staff shall use its best efforts to investigate all concerns and perform a “make safe repair,” where appropriate, within two business days. • Other Reportable Conditions. All personnel performing sidewalk inspections are reminded to be aware of any condition that may require maintenance, even if not related to sidewalks, and report it to the appropriate City staff member (for instance, the Code Enforcement Officer) for follow-up.

Documentation
At a minimum, all sidewalk areas identified for repair shall be documented by date of report, date of subsequent mitigations and date of close-out. Documentation shall include at least three photographs - one at time of report, one when the “make safe repair” or temporary treatment has been performed and one when the permanent repair has been made. The Public Works Director or his/her designee shall review documentation for completeness and appropriateness.

Priority
All sidewalk areas requiring repair will be assessed for priority by the Public Works Director or his/her designee and priorities will be adjusted as required.

When performing inspections, the City of Foster City shall consider the following as guidelines for minimum reportable conditions requiring mitigating action as outlined in this policy. Conditions reported that are less than these measurements may be mitigated or may be documented and watched at the discretion of the Director of Public Works or his/her designee.

Reportable Condition Concrete Pathways Asphalt Pathways Step Separations/ Root
Mounds
¾” or greater ¾” or greater
Raised Sidewalk 4” over 4 ft (any lift at a ratio
of at least 1:12)
4” over 4 ft (any lift at a
ratio of at least 1:12)
Opening in Sidewalk
(longitudinal or lateral
with no step separation)
¾” or greater ¾” or greater
Spalling ¾” deep or greater ¾” deep or greater
Sunken Sidewalk 2” over 4 ft (any depression at a
ratio of at least 1:24)
2” over 4 ft (any depression at a
ratio of at least 1:24)
A diagram of this information and how to measure it is located in Appendix A.

Areas likely to be frequented by individuals with mobility challenges, areas where an existing condition might be difficult to identify or areas that otherwise require immediate attention may be given priority at the discretion of the Director of Public Works or his/her designee.

Mitigation Options

1. Cold Asphalt (Cutback) Patching. Cutback patching is effective as a temporary “make safe repair” measure to smooth the surface of the pathway if there are step separations or the surface is severely spalled or cracked. This alternative is used as a temporary treatment while permanent repairs are being planned and implemented.

2. Concrete or Asphalt Planing. Planing (or grinding) is used to remove up to 2” of concrete to flatten out trip edges. Planing may be considered a long- term mitigation, without a scheduled replacement, at the discretion of the Public Works Director or his/her designee in the event that the cause of the sidewalk/pathway failure has been removed (e.g., if a tree that was lifting the sidewalk has been removed and no other landscaping in the area is likely to impact the sidewalk.)

3. Replacement. Replacement is the only permanent fix recognized by the City of Foster City when damage has occurred to a sidewalk/pathway. When replacing sidewalks or pathways, every effort will be made to remove the cause of the sidewalk failure and/or prevent a further occurrence.

Repair Timing
Inspectors shall immediately mark areas in need of repair on a public sidewalk/pathway with paint to caution pedestrians. If necessary, the inspector shall block access to the segment until repairs can be made.

Staff shall use its best efforts to perform “make safe repairs” within two business days on any areas meeting the minimum guidelines identified in the above chart.

Staff shall use its best efforts to complete the permanent repair of public sidewalk segments that meet the minimum guidelines identified in the chart above within 6 months of identification of the condition.

Assignments

1. Public Works Streets Division.
• Overall program administration and oversight
• Establishing a regular inspection program for the levee pedway and City- maintained sidewalks not within or immediately adjacent to City parks. • Establishing and maintaining contracts with vendors to provide sidewalk replacement and repair services at contractually agreed-upon prices.
• Conducting staff training on relevant aspects of the program. • Managing and maintaining damage and repair information in a program database including inspection records, repair records, and other program documentation. • Determining whether maintenance responsibility lies with the City or a private owner. • Following-up with staff to ensure that cases are closed expeditiously. • Interfacing with the Risk Manager regarding claims.
• Ensuring that inspections and maintenance/repair activities are reported by staff. • Ensuring that “make safe repairs” and permanent repairs are made on City-maintained sidewalks.
• Coordinating permanent repair of sidewalks adjacent to parks with Park Division to ensure that the cause of the damage has been permanently mitigated prior to repair. • Interfacing with all other staff on issues related to sidewalks in Foster City.

2. Parks Division.
•Conducting regular inspections of pathways and sidewalks within and immediately adjacent to public parks.
•Ensuring that inspections and maintenance/repair activities are recorded by staff. •Reporting survey findings related to sidewalk conditions immediately adjacent to public parks to the Streets Public Works Superintendent. •Identifying alternatives to tree removal, such as but not limited to permanent root intrusion measures, to prevent future damage to City sidewalks and preserve the on-going stability and health of City trees.
•Removing trees where root intrusion has caused failure of a sidewalk within the City’s responsibility to repair and where no alternative, permanent mitigation is feasible. •Reporting areas requiring repair observed on the levee pedway to the Streets Public Works Superintendent.
•Ensuring that “make safe repairs” and permanent repairs are made on parks pathways in accordance with this policy.

3. Risk Manager.
• Working with the Public Works Director or his/her designee to gather information related to claims.

Interpretation
The timing and scope of sidewalk, pathway and curb rehabilitation will be planned at the discretion of the Public Works Director or his/her designee, or the Parks and Recreation Director in relation to park pathways, within the scope of this policy, to maintain the City of Foster City’s City- maintained sidewalks, pathways and curbs in a safe and attractive condition.

Attachment
Appendix A: Sidewalk Repair Guidelines Diagram
Appendix A
Sidewalk Repair Guidelines Diagram

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