Agenda — Willits City Council, May 22, 2024 (part 2 of 2)

ORDINANCE REVISING WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.16 SECTIONS 12.16.010-12.16.100 AND TO ADD WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.16.110-12.16.180, TO ESTABLISH PROPERTY OWNER RESPONSIBILITY

AND LIABILITY FOR SIDEWALK SAFETY AND MAINTENANCE
WHEREAS, the timeline maintenance and repair of damaged sidewalks is essential to protect the health, welfare and safety of Willits residents, workers, and visitors; and WHEREAS, an owner of property abutting a sidewalk is often in the best position to know of unsafe conditions in the sidewalk and to initiate repairs or notify the City of Willits of the conditions; and
WHEREAS, the state Streets and Highways Code provides that owners of property abutting sidewalks have a duty to maintain those sidewalks; and
WHEREAS, the City of Willits wishes to limit the City’s liability exposure for injuries resulting from sidewalk defects; and
WHEREAS, the City of Willits desires to establish a uniform practice consistent with the state Streets and Highways Code for maintenance and repair of sidewalks; WHEREAS, the City of Willits already requires the inspection of residential sewer laterals at the time of property transfer, and desires to inspect and certify sidewalks in the public right-of-way at the time of property transfer; now, therefore, THE COUNCIL OF THE CITY OF WILLITS DOES ORDAIN AS FOLLOWS:

Section 1.

Purpose and Intent. The purpose and intent of this Ordinance is to protect the health, welfare and safety of City of Willits residents and guests to the City of Willits by establishing regulations for the maintenance and repair of sidewalks consistent with the State Streets and Highways Code, and establishing joint liability for sidewalk related damages or injuries.

Section 2.

Add Chapter 12.16.009 through 12.16.180 and Chapter 12.17 to Title 12 of the Willits Municipal Code. Chapter 12.16.110 through 12.16.180 and Chapter 12.17 is hereby added to the Willits Municipal Code, and such Chapter shall read as follows:

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Willits, California, Code of Ordinances Created: 2023-11-20 15:37:12 [EST] (Supp. No. 18)

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12.16.009 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, the words and phrases used in this chapter are defined as follows:

A. “City” shall mean the City of Willits.

B. “Owner” and “Property Owner” shall be deemed in accordance with Chapter 22 of Division 7, Part 1 of the California Streets and Highways Code, as the same is now in effect or may hereafter be amended.

C. “Sidewalk” shall be deemed to include sidewalks, walkways, driveways, curbs, bulkheads, retaining walls, gutters, such areas maintained as a park or parking strip in the area between the property line and the street line, and other works for the protection of any sidewalk or of such park or parking strip and any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR**1 Sections:

12.16.010 Permit—Required
It is unlawful for any person, firm or corporation to construct, or cause to be constructed in the city any sidewalk, driveway approach, curb, or curb and gutter without first obtaining from the office of the city engineer or superintendent of streets of said city a permit in writing to do so. Permit applications shall specify the name and residence of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb, or curb and gutter is to be constructed, the dimensions of said walk, driveway approach, curb or curb and gutter, and any other information deemed necessary, and shall refer to the provisions contained in Sections 12.16.010 through 12.16.060 for the materials to be used and mode of construction.
1 ** For violations of the provisions of this chapter, see Ch. 1.12 of this code.

Created: 2023-11-20 15:37:12 [EST]
(Supp. No. 18)

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12.16.020 Permit—Refusal—Sufficient cause.

The failure of any person, firm or corporation to abide by the provisions of Sections

12.16.010 through 12.16.060 shall be deemed sufficient cause to refuse the request of said person, firm or corporation for any permit for other work of the character governed by the provisions contained in Sections 12.16.010 through 12.16.060 during the continuance of such failure. (Ord. 58-1 §6).

12.16.030 Permit—Refusal—For work inconsistent with public interest.

Nothing contained in Sections 12.16.010 through 12.16.060 shall compel the city engineer or superintendent of streets to issue permits provided for in this chapter, if in their judgment the proposed work is against the public interest or convenience. (Ord. 58-1 §2).

12.16.040 Materials.

No sidewalk, driveway approach, curb, or curb and gutter shall be constructed other than of concrete, unless an application process is created in the future by the Willits City Council, such as a Sidewalk Landscaping Permit Application, which is submitted and approved, special permission therefor is first obtained from the superintendent of streets by the owner of the property in front of which the walk, driveway approach, curb, or curb and gutter is to be laid. Where the street is unimproved or where existing curbs are in poor condition, or not on official line and grade, owners of property must first obtain necessary line and grade stakes from the city engineer or superintendent of streets before constructing sidewalks, driveway approaches, curbs or curbs and gutters under the provisions contained in Sections 12.16.010 through 12.16.060. (Ord. 58-1 §3).

12.16.050 Work standards.

A. All sidewalks, driveway approaches, curbs, or curbs and gutters must be constructed in every particular in accordance with the permit issued therefor, must be completed within thirty (30) days from date of permit, unless an extension of time thereon be granted by the city engineer or superintendent of streets, and must be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs, or curbs and gutters on file in the office of the city engineer or superintendent of streets, reference to which is made for further particulars.

B. All sidewalks, driveway approaches, curb, or curb and gutter work shall be done under the general direction and to the satisfaction of the city engineer or superintendent of streets. (Ord. 58-1 §4).

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

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12.16.060 Curb replacement—Required when.

Where a curb has been broken to provide a driveway for a residence or a business, and such driveway is no longer needed or used as a driveway, the owner of the property or the owner or operator of the business shall replace the curb and repair any damage done to the sidewalk by the use of such driveway. Such work shall be done in conformity with the requirements for the construction of curbs and sidewalks, as provided in Sections

12.16.010 through 12.16.060. (Ord. 58-1 §5).

12.16.070 Construction requirement—Designated.

It is unlawful to construct, make structural additions, alterations or repairs to any structure, without placing concrete curbs, gutters and sidewalks along the front, sides or back of the property so improved which adjoins a city street or fronts on an alley. (Ord. 89-15 §2; Ord. 68-1 §1).

12.16.080 Construction requirement—Compliance to California Building Code and the City of Willits Design and Construction Standards.

The required curbs, gutters and sidewalks shall be constructed as provided in the California Building Code, City of Willits Sidewalk Curb and Gutter Engineering Standards, and in accordance with the provisions of Sections 12.16.010 through 12.16.060. (Ord. 68-1 §2).

Section 1 - Section Intent: Subsection 12.16.090 describes the authority, responsibilities, and required action that the Superintendent of streets may take if a property owner fails to comply with the standards of Chapter 12.16.

12.16.090 - Work performance - Superintendent of streets authority.

In performing the work of repairing or constructing any sidewalk as provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the state, the superintendent of streets may, if the cost of said work does not exceed five thousand dollars:

A. Procure at least three quotes to perform said work, from contractors licensed to undertake the same, and let said work to the lowest responsible bidder at the prices named in their bid; or
B. Order a city work crew to perform said work.

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12.16.100 Maintenance and repair of sidewalks.

A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this Chapter 12.16, the provisions of Chapter 12.16 shall control.

B. Section Intent:

Subsection B.1 describes the responsibility of property owners towards sidewalk maintenance and repairs, including a charge for the City of Willits costs of inspection and administration whenever the city awards a contract for the maintenance and repair of sidewalks.

B.1. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Willits costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.

C. For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, 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, supervision and maintenance of signs allowed pursuant to Chapter 17.54 - SIGNS, 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.

D. Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the Superintendent of Streets may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

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areas must commence by a period of not to exceed ninety days from the time the notice referred to in said Section 5614 is given.

12.16.110 Liability for injuries to public.

The property owner required by Section 12.16.110 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 12.16.110, 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. Any person who suffers injury or property damage as a result of the failure of the property owner to so maintain the sidewalks and sidewalk areas shall have a cause of action for such injury or property damage against such property owner. The City of Willits, shall have a cause of action for indemnity against such property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim that results from such injury to persons or property as a legal result of the failure of the owner to maintain the sidewalks and sidewalk areas in accordance with this Chapter.

12.16.120 Construction requirement—Waiver.

Upon written application of the property owner, the Superintendent of Streets or the designee may, if sufficient good cause is shown, waive the requirement or modify standards for construction of sidewalks or curbs and gutters. All fees associated with the request for waiver, whether approved or not, shall be borne by the applicant. The Services and Facilities Department shall propose a filing fee to be adopted by resolution of the Willits city council for this purpose, and shall ensure that such fee is remitted by applicant prior to review of his waiver request. (Ord. 89-15 §3; Ord. 68-1 §3).

12.16.130 Superintendent of streets.

For the purposes of this chapter only, the superintendent of streets of the City of Willits shall be deemed to mean the Director of Services and Facilities, or his or her authorized representative, as to any activities conducted by that department pursuant to this part or the director of services and facilities as to any activities conducted by that department pursuant to this part.

12.16.140 Advancement of costs of work.

The superintendent of streets is authorized and empowered to and may advance from the revolving fund, any sum or sums necessary to pay the cost of the work of repairing or constructing any sidewalk by a contractor awarded a contract to perform said work by the Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

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superintendent of streets under the procedures set forth in this part, and may reimburse said revolving fund for the sum or sums so advanced from any assessment thereafter levied and collected.

12.16.150 Notice of cost and hearing by council.

Upon the completion of the repairs or construction, the superintendent of streets shall cause notice of the cost of the repairs or construction to be given in the manner specified in Chapter 22 (Repair) of Division 7, Part 3, of the Streets and Highways Code of the state of California, as the same is now in effect or may hereafter be amended, for the giving of notice to repair or construct. The notice shall specify the day, hour and place when the city council will hear and pass on the report of the costs of the repair, together with any written objections or protests which may be raised by any property owner liable to be assessed for the cost of such repair or construction and any other interested persons.

The notice shall also describe the procedure to be followed for such written objections or protests. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice.

12.16.160 Conference with superintendent of streets.

The superintendent of streets may include with the notice of cost and hearing, as specified in Section 12.16.150 hereinabove, additional notice of a conference with the superintendent of streets. The conference which may be scheduled by the superintendent upon receipt of the written objection or protest, specified in Section 12.16.150, shall be conducted prior to the council hearing for the purpose of discussion between the property owner and the superintendent of streets of the costs of repair. Upon the conclusion of the conference, the superintendent shall note his conclusions in the report together with any recommendations for adjustment of the costs of repair.

12.16.170 Hearing by city council.

The city council, on the day and hour fixed for hearing, shall hear and pass upon the report of the superintendent, together with any written protests or objections, which have not been withdrawn prior to the hearing, from property owners liable to be assessed for the work of making such repair in accord with the procedure provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code.

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12.16.180 – Chapter 12.16 constitutes alternative procedure.

This Chapter 12.16 constitutes a separate and alternative procedure for performing the work specified herein, and no other provision of this chapter shall apply to proceedings instituted hereunder.

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ORDINANCE REVISING WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.16 TO ADD WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.17, TO ADD NEW

REGULATIONS REQUIRING WILLITS PROPERTY OWNERS TO INSPECT AND CERTIFY

SIDEWALKS IN THE PUBLIC RIGHT-OF-WAY AT THE TIME OF PROPERTY TRANSFER WHEREAS, the timeline maintenance and repair of damaged sidewalks is essential to protect the health, welfare and safety of Willits residents, workers, and visitors; and WHEREAS, an owner of property abutting a sidewalk is often in the best position to know of unsafe conditions in the sidewalk and to initiate repairs or notify the City of Willits of the conditions; and
WHEREAS, the state Streets and Highways Code provides that owners of property abutting sidewalks have a duty to maintain those sidewalks; and
WHEREAS, the City of Willits wishes to limit the City’s liability exposure for injuries resulting from sidewalk defects; and
WHEREAS, the City of Willits desires to establish a uniform practice consistent with the state Streets and Highways Code for maintenance and repair of sidewalks; WHEREAS, the City of Willits already requires the inspection of residential sewer laterals at the time of property transfer, and desires to inspect and certify sidewalks in the public right-of-way at the time of property transfer; now, therefore, THE COUNCIL OF THE CITY OF WILLITS DOES ORDAIN AS FOLLOWS:

Section 12.17.010 of Chapter 12 of the Willits Municipal Code is added now to read:

Chapter 12.17 – Sidewalk, Driveway and Curb Construction & Maintenance:

12.17.010 Sidewalk inspection, replacement, and compliance certificates.

1. Responsibility. The property owner shall be responsible for inspecting sidewalks and curb ramps, obtaining all required permits, performing all necessary sidewalk and curb ramp repair or replacement, scheduling inspections, obtaining and filing with the City a compliance certificate for the entire sidewalk when one (1) or more of the following events occurs:

A. Title Transfer. Prior to transferring title associated with the sale of any real property that contains any structure with a sidewalk. Title transfer means the sale or transfer of an entire real property estate or the fee interest in that real property Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

Page 10 of 10 ends

estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be included: (1) transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust, (2) transfers from one (1) co-owner to one (1) or more other co-owners, or from one (1) or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors, (3) transfers made by a trustor to fund an inter vivos trust, (4) transfers made to a spouse, to a registered domestic partner as defined in Section 297 of the Family Code, or to a person or persons in the lineal line of consanguinity of one (1) or more of the transferors, (5) transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree, (6) transfers from property owners to any financial institution as a result of a foreclosure or similar process.

B. Construction or Remodeling. Whenever a property owner applies for any permit or other approval needed for construction, remodeling, modification or alteration of any portion of lots adjacent to, abutting, or fronting any portion of a sidewalk area where the cost of the work is estimated to exceed one hundred thousand dollars ($100,000.00).

C. Unsafe Condition Becomes Known. When the property owner becomes aware of an unsafe sidewalk condition, or when the property owner is notified by the City of an unsafe sidewalk condition.

2. Inspections. A self-certification inspection shall be conducted by a contractor holding specified "A," "B," or "C-8" license and a current valid Willits Business License. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be provided to the Department of Services and Facilities.

3. Compliance Certificate. The self-certification inspection report and confirmation of completed repairs or replacement shall be a condition of the issuance of a final compliance certificate for the entire sidewalk. The final compliance certificate must be issued prior to the first close of escrow.

4. Enforcement. Within five (5) years of issuance of the compliance certificate, property owners may be subject to random inspection by the City Inspector. Property owners who falsify the self-certification inspection report and have not performed all necessary sidewalk and curb ramp repair or replacement shall be subject to specified civil penalties and liens.

ATTACHMENT B
KEY: *No Checkmark (✓) or dash (-) indicates absence from Willits Municipal Code. * ✓ Jurisdiction has code section that the City of Willits may want to review &/or include within Willits Municipal Code revisions. ✓ Existing Code/Policy that the City of Willits may want to revise: Addresses Ordinance(s), Policy(s), and Element(s) of a Sidewalk Ordinance. - Jurisdiction has programmatic elements (No Ordinance).

Comparison of Sidewalk Ordinances in Other Cities:

Including Elements and/or Policies Supporting Sidewalk Ordinances Willits: Implementation of Sidewalk Ordinance
Revisions & New Ordinances/Policies
No. Elements of Sidewalk Ordinances
WillitsSan Jose (Court-tested)OaklandHealdsburgUkiahSan Francisco Potential
Implementation
Timeframe
Example of
Proposed Code:

Jurisdiction
Associated
Council Goals
& Policies
E.1 Maintenance & Repair ✓ ✓ ✓ ✓ - ✓ Now: Attach “A” San Jose Admin: Goal 1 E.2 Liability ✓ ✓ ✓ ✓ ✓ Now: Attach “A” San Jose Admin: Goal 1 E.3 Permit Requirements ✓ ✓ ✓ ✓ ✓ ✓ Now: Attach “A” Oakland/San Jose PW/SF: Goal 1 E.4 Inspection & Enforcement ✓ ✓ ✓ ✓ ✓ ✓ Now: Attach “A” San Jose PW/SF: Goal 1 E.5 Cost Sharing & Financial Assistance ✓ ✓ ✓ - ✓ Now: Report Oakland PW/SF: Goal 1.1 E.6 Repair Criteria ✓ ✓ ✓ ✓ ✓ ✓ 2024-2025 San Francisco Admin: Goal 2.5 E.7 Noticing/Deadlines ✓ ✓ ✓ ✓ - ✓ Now: Attach “A” San Jose PW/SF: Goal 1 Ordinances (Additional) Supporting Sidewalk Ordinances
O.1 Urban Forestry/Tree Ordinance ✓ ✓ - ✓ ✓ 2024-2025 Oakland/Healdsb. Admin: Goal 2.4 O.2 Sidewalk Landscaping ✓ ✓ ✓ - ✓ 2024-2025 San Francisco Admin: Goal 2.5 O.3 Sidewalk Repair Hardship Program ✓ ✓ ✓ - ✓ Now: Report Oakland/San Fran PW/SF: Goal 1 O.4 Public Art in Public Areas ✓ ✓ ✓ ✓ ✓ 2024-2025 San Francisco Admin: Goal 2.5 O.5 Special Events ✓ ✓ ✓ ✓ ✓ 2024-2025 San Jose/Ukiah CDD: Goal 3.2 O.6 Outdoor Dining ✓ ✓ ✓ ✓ ✓ 2024-2025 Ukiah CDD: Goal 3 O.7 Point of Sale – Sidewalk Repair ✓ ✓ - Now: Attach “A” Oakland CDD: Goal 2 O.8 Encroachment Permit ✓ ✓ ✓ ✓ - ✓ 2024-2025 Oakland PW/SF: Goal 1 O.9 Landscape ✓ ✓ ✓ ✓ ✓ 2024-2025 San Jose Admin: Goal 2.4 Policies (Additional) Supporting Sidewalk Ordinances
P.1 Low Carbon Concrete Incentives &
Climate Mobilization Strategy ✓ ✓ ✓ - ✓ 2025-2026 Healdsburg Admin: Goal 2 P.2 Better Streets Plan - ✓ - - ✓ 2024-2025 San Francisco PW/SF: Goal 1 P.3 Heritage Trees ✓ ✓ ✓ - ✓ 2024-2025 Healdsburg Admin: Goal 2.4 P.4 Tree Removal ✓ ✓ ✓ ✓ ✓ 2024-2025 San Jose Admin: Goal 2.4 P.5 Tree Planting ✓ ✓ ✓ ✓ ✓ 2024-2025 San Jose Admin: Goal 2.4 P.6 Sidewalk Engineering Standards ✓ ✓ ✓ ✓ ✓ ✓ 2024-2025 San Jose PW/SF: Goal 1

THE CITY OF WILLITS IS PREPARING A NEW SIDEWALK
ORDINANCE: WHO'S RESPONSIBLE FOR SIDEWALK REPAIRS?
BACKGROUND:

The proposed ordinances and resolutions address the backlog of private sidewalk repairs in the City of Willits and reduce the City’s liability related to private sidewalk damage. The ordinances would require sidewalk repairs upon title transfer of real property and would establish liability for injuries resulting from sidewalk damage. The proposed resolutions would create an economic hardship program for qualifying low-income property owners and would waive administrative permit fees for all property owners for a designated period.

THE CODE:

California Streets and Highways Code sections 5610-5629 requires property owners to maintain sidewalks in front of their property, even though this is within City right-of-way.

This includes normal wear and tear, old and deteriorated sidewalks or damage caused by a tree within private property, or other damage caused by the property owner. The City may conduct temporary fixes but it is the property owner’s responsibility to make permanent repairs to these conditions.

WHY YOU SHOULD FIX YOUR SIDEWALK:

The property owner may incur civil liability for a person suffering personal injury or property damage where the property owner caused or created the defective sidewalk condition.

It is in the owners' best interest to maintain the sidewalk to reduce their risk and comply with California Streets and Highways Code sections
5610-5629.

FOR MORE INFORMATION:

Contact the Willits Community Development Department (phone: 707-459-7155).

PRIVATE TREE DAMAGE TEMPORARY FIX OLD & DETERIORATED
Note: Photos shown above are examples of damaged sidewalks and do not convey all potential conditions. *Handout sourced from the City of San Diego*
Code: Select Code Section: 5610-5629 Search
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5611.
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STREETS AND HIGHWAYS CODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 2. Repairs [5610 - 5618] ( Article 2 added by Stats. 1941, Ch. 79. ) 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.
(Added by Stats. 1941, Ch. 79.)
When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. (Added by Stats. 1941, Ch. 79.)
Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Added by Stats. 1941, Ch. 79.)
The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614.
(Amended by Stats. 1969, Ch. 211.)
The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. (Amended by Stats. 1953, Ch. 798.)
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 5614.1.
5615.
5616.
5617.
5618.

The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
(Amended by Stats. 1968, Ch. 986.)
If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted.
(Amended by Stats. 1963, Ch. 648.)
Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. (Amended by Stats. 1967, Ch. 615.)
Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Added by Stats. 1941, Ch. 79.)
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. (Added by Stats. 1941, Ch. 79.)
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NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 19_, by Resolution No. ____ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ___ percent per annum, from the said ____ day of ____, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of ____, State of ____, and particularly described as follows:
(Description of property)
Dated this _____ day of ____, 19___.

Superintendent of Streets
(Amended by Stats. 1986, Ch. 507, Sec. 1.)
From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. (Added by Stats. 1941, Ch. 79.)
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 5628.
5628.1.
5629.
5629.1.
5630.

As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. (Added by Stats. 1941, Ch. 79.)
The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. (Amended by Stats. 1986, Ch. 507, Sec. 2.)
Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes.
(Added by Stats. 1941, Ch. 79.)
If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day after the confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period.
(Amended by Stats. 1986, Ch. 507, Sec. 3.)
Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record.

The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. (Added by Stats. 1945, Ch. 541.)
A C C E S S 30
Property has its duties as well as its rights.
—Thomas Drummond
Public infrastructure often decays invisibly, and we are shocked when a bridge gives way or a water main breaks. Sidewalks, however, decay right before our eyes and under our feet. Perhaps because sidewalks fail gradually rather than collapse spectacularly, many cities have neglected sidewalk
repairs and have let neighborhoods become less
walkable. In Los Angeles, for example, 4,600 of
the city’s 10,750 miles of sidewalks need some
degree of repair at an estimated cost of $1.2 billion.

Despite this backlog, the city fixed an average of
only 67 miles of sidewalks a year between 2000 and
2008. Even if sidewalks miraculously stopped
breaking, at that pace it would take 69 years to
repair all the existing damage.

Fixing Broken Sidewalks

B Y D O N A L D S H O U P
Donald Shoup, FAICP, is Professor of Urban Planning at the University of California, Los Angeles ([email protected]). 31 A C C E S S
N U M B E R 3 6 , S P R I N G 2 0 1 0

THE AMERICANS WITH DISABILITIES ACT
Broken sidewalks make the city less accessible, especially for the blind and those who use wheelchairs, canes, or walkers. Accessible sidewalks have emerged as an important legal issue since the US Ninth Circuit Court of Appeals ruled in 2002 that the Americans with Disabilities Act (ADA) applies to sidewalks. In 2003 the US Supreme Court declined to overturn the Ninth Circuit ruling.

A class-action suit, Barden v. City of Sacramento, had alleged that Sacramento violated the ADA by allowing its sidewalks to fall into disrepair. The court ruled that the ADA covers “anything a public entity does” and any “normal function of a governmental entity.” To settle the case, Sacramento agreed to dedicate 20 percent of its annual transportation budget for up to 30 years to make public sidewalks accessible. Specifically, the settlement requires, “Changes of level of greater than ½ inch, whether caused by tree roots or any other deterioration or displacement of the surface of the Pedestrian Right of Way, will be remedied by providing a ramp with an appropriate slope or by creating a level path of travel.” Similar ADA lawsuits have since been filed against other cities, including Los Angeles.

How will these cities find all the money needed to repair their sidewalks when they already face fiscal hard times? Some cities have adopted a new strategy that doesn’t cost the city anything: require owners to repair broken sidewalks before they sell their property. ➢ A C C E S S 32
WHO SHOULD PAY TO REPAIR SIDEWALKS?
Requiring sidewalk repairs before sale will make the city more accessible, but critics may object that cities are simply shifting the responsibility for repairs onto property owners.

In California, however, property owners are already responsible for sidewalks. California’s Streets and Highways Code states, “The owners of lots or portions of lots fronting on any portion of a public street 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.” Property owners also pay for sidewalk repairs in many other states.

A survey of 82 cities in 45 states found that 40 percent of the cities require property owners to pay the full cost of repairing
sidewalks, 46 percent share the cost
with property owners, and only 13
percent pay the full cost of repairing
sidewalks.

Los Angeles followed the state
code until 1973, when federal funds
became available to repair sidewalks
at no cost to property owners.

Because of this federal funding, the
city assumed responsibility for most
sidewalk repairs. Three years later,
when the federal funds ran out, Los
Angeles was left with no sidewalk
repair program. Then, in 1978, California voters adopted Proposition 13, which limited property tax rates, and
public funds became even scarcer.

By 1980, when the city attempted to
reinstate the previous policy of citing property owners for damaged sidewalks and requiring them to pay for repairs, owners objected to the “new” mandate and the city halted citations.

Because the city was short of money, it began to make only temporary asphalt patches to cracked sidewalks or—more often—did nothing at all. The resulting sidewalk decay led to the current state of serious disrepair.

REQUIRING SIDEWALK REPAIRS AT THE POINT OF SALE
How does a point-of-sale strategy work? Before any sale, the city inspects the sidewalk fronting the property. If the inspector finds that damage or displacement of the sidewalk creates an unsafe condition, the owner must pay to fix it before completing the sale. Piedmont, California, for example, requires, “New sidewalks and/or driveways must be constructed if required by the superintendent of streets . . . in conjunction with the sale of real property.” Piedmont’s ordinance mandates repairs if the vertical displacement of a break is ¾ of an inch or less, and reconstruction if the vertical displacement exceeds ¾ of an inch.

Pasadena, California, has a similar at-sale sidewalk repair program. 33 A C C E S S
N U M B E R 3 6 , S P R I N G 2 0 1 0
Point-of-sale programs like those in Piedmont and Pasadena have several advantages beyond complying with the ADA. First, the city does not require owners to pay or do anything until they sell a property. The sale then provides the cash to pay for required repairs. Sellers fix only the sidewalk fronting their own property, so they can see exactly where their money is going.

Second, sidewalk repairs are gradual but
inevitable because about half of all properties are sold at least once every decade. The property turnover rate
is similar throughout most cities, so the sidewalks are repaired everywhere in a city at roughly the same rate.

Third, sidewalk repairs can increase a property’s
“curb appeal” and thus increase its market value. A
property’s value will increase not only because of its
own sidewalk repairs but also because of all other
nearby repairs. Everyone can benefit if property owners accept the obligation to repair their own sidewalks before selling their property.

Fourth, the city does not have to raise taxes to pay
for sidewalk repairs. The city even saves money
because of fewer trip-and-fall lawsuits. Among claims
against the city for trip-and-fall incidents on Los Angeles sidewalks between 2001 and 2007, 36 percent of the incidents occurred in front of properties that had been sold within the previous five years. Los Angeles paid $1.4 million to settle the claims for these incidents, which were preventable unless the sidewalks cracked in the five years between the last property sale and the trip-and-fall incident.

Finally, sellers include absentee owners and residents who are leaving the city. Their sidewalk repairs will leave the city in better shape for everyone who remains.

HOW DOES A POINT-OF-SALE PROGRAM WORK?
To manage a point-of-sale program, a city can require that the escrow documents at sale include a certificate of compliance with the sidewalk ordinance. The process starts when an owner requests the city to inspect a sidewalk. If the sidewalk is in good repair, the inspector issues a compliance certificate. If the sidewalk is damaged, however, the inspector estimates what the city would charge to repair it. The owner has several options at that point.

First, the owner can pay the city to repair the sidewalk. The inspector then issues a compliance certificate and the city makes the repairs. Second, the owner can accept a lien on the property for the estimated cost of the repairs. The inspector then issues a compliance certificate and the city makes the repairs; the city is repaid for the lien plus accrued interest at sale. Finally, the owner can choose to have a private contractor perform the work. In that case, the owner or contractor requests a permit and completes the work; the city inspects the work, and if it is satisfactory the inspector issues a compliance certificate. ➢
A C C E S S 34
If the next owner intends to redevelop the property, repairing the sidewalk at sale may be premature. In this case, the city can allow the seller to shift the responsibility for repairs to the buyer. The city can inspect the property at the end of a specific time period after the sale (such as one year), and cite the new owner if the required repairs have not been completed.

Piedmont charges $30 for issuing a certificate of compliance, which is the city’s estimated cost of making the inspection. The inspectors can enter the records into a geographic database that shows the condition of sidewalks throughout the city. The point-of-sale program can be part of the city’s plan to make its public sidewalks accessible, and the point-of-sale database will show the city’s progress toward meeting the plan’s goals.

Condominiums present a potential hitch in the process. Who would be liable for sidewalk repairs when a unit is sold—the unit’s owner or the condominium association? One solution is to exempt individual units but require condominium associations to repair their sidewalks within a specified time after the ordinance is adopted, with periodic inspections to ensure continued compliance. 35 A C C E S S
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MICRO-LOANS FOR PUBLIC INVESTMENTS
Sidewalk repairs in Los Angeles typically cost between $1,000 and $1,500. If owners pay the city before it makes the repairs, the city will have idle funds to invest between the payments and the repairs. A city can also go beyond the basic point-of-sale plan by offering to repair sidewalks before sale and receive payment at sale. The city will, in effect, lend owners the money to pay for sidewalk repairs for as long as they continue to own the property.

Owners can repay all or part of the debt before they sell the property, and any remaining debt is due at sale. If owners pay a market interest rate on the debt, the government loses nothing by accelerating the repairs.

Some cities already allow property owners to defer paying special assessments, with interest, until they sell their property. This option to pay at sale has several benefits. First, the program increases public investment without any public subsidy. The city runs little risk of borrowers’ defaulting on the debt for sidewalk repairs because cash is available from the sale of the property when the debt is due. A public lien is senior to any mortgage, so even if property values decline and the owner has no equity, the city will be repaid in full. Where land values are high, and sidewalk improvements increase them further, most owners will have more than sufficient equity to repay the cost of repairs, plus accrued interest, at sale.

Owners who wish to avoid the interest expense can always opt to repay the debt before sale.

Second, deferring payments until sale has a strong political advantage. Finding the cash to repair the sidewalk before sale could be difficult for many owners, but allowing owners to pay at sale will eliminate any cash-flow problem. Cash from the sale gives owners the ability to pay. Elected officials can thus vote for a point-of-sale requirement with a clear conscience.

Third, the deferment option will allow the city to cite property owners whose severely damaged sidewalks create an immediate danger to pedestrians. Requiring prompt repairs in these cases will increase public safety, remove barriers to persons with disabilities, and reduce claims from trip-and-fall lawsuits without creating a financial hardship for either property owners or the city.

Fourth, the requirement to repair at sale, combined with the ability to delay payment until sale, may spur some owners to make repairs as soon as a sidewalk breaks. They may repair early because (a) they want the safe sidewalk they will eventually have to provide anyway, (b) they expect repairs will be more expensive later, (c) they want to avoid trip-andfall injuries, and/or (d) they want to increase their property value.

THE SPEED OF REPAIRS
How fast will a point-of-sale program repair a city’s sidewalks? How long will it take, for example, before half the broken sidewalks have been repaired? We can answer this question by examining the history of property sales in a city. I used data from the Los Angeles County Assessor to find the last sale date for every property in the City of Los Angeles. Half of the 768,922 properties in the city changed ownership at least once between January 1, 1995 and December 31, 2006. If sidewalks fronting the sold properties are as likely to need repair as sidewalks fronting all properties, a point-of-sale program adopted at the beginning of 1995 would have repaired half the city’s broken sidewalks in 12 years, much faster than the current pace of repairs. ➢
Cash from the
sale gives
owners the
ability to pay.

A C C E S S 36

PUTTING CITIES BACK ON THEIR FEET
In 2002, the US Ninth Circuit Court ruled that the ADA applies to public sidewalks.

As a result, cities must develop transition plans to ensure that their sidewalks are accessible.

In this case, as in many others, what is good for people with disabilities—repairing broken sidewalks—is also good for everyone else. The ADA will force cities to do what they should be doing anyway: maintain their public infrastructure.

To ensure a steady flow of sidewalk improvements, cities can require property owners to fix their sidewalks when they sell their property. Before any real estate is sold, the city will inspect the sidewalk fronting the property. If the sidewalk is in good condition, the owner will not be required to do anything. If the sidewalk is broken, the city will require the owner to repairit before selling the property and the owner can put off paying forthe repairs until sale.

Deferring the obligation to fix sidewalks until sale will help gain voters’ approval, and enforcing the obligation at sale will help ensure owners’ compliance, both of which will contribute to a successful program. Only property owners with broken sidewalks will pay anything, they will pay only for the cost of repairing their own sidewalks, and they will not have to pay until they sell their property. Because about half the city’s broken sidewalks will be repaired each decade, all residents will be able to say, in the words of Danish urban designer Jan Gehl, “How nice it is to wake up every morning and know that your city is a little better than it was the day before.”
A better world often arrives in small steps, but we need reasons to take these steps. With a point-of-sale program, all property owners will have to do their part, sooner or later.

Walkable cities need good sidewalks, and requiring sidewalk repairs at sale will help put cities back on their feet. ◆
This article is abridged from a forthcoming publication in the Journal of Urban Planning and Development, with permission from the American Society of Civil Engineers.

F U R T H E R R E A D I N G
Class Action Settlement Agreement, Barden v. City of Sacramento. 2002. (www.dralegal.org/downloads/cases/barden/settlement.pdf).

Donald Shoup. 1994. “Is Underinvestment in Public Infrastructure an Anomaly?” in Gareth Jones and Peter Ward (eds.), Methodology for Land and Housing Market Analysis, London: UCL Press, pp. 236–250. (www.sppsr.ucla.edu//dup/people/faculty/shoup/IsUnder-investment.pdf).

Donald Shoup. 1996. “Regulating Land Use at Sale,” Journal of the American Planning Association, vol. 62, no. 3, Summer, pp. 354–372. (http://shoup.bol.ucla.edu/Regulation_at_Sale.pdf).

Donald Shoup. 2010. “Putting Cities Back on Their Feet,” Journal of Urban Planning and Development. vol. 136, no. 3, September.

INFORMATIONAL DISCUSSION
WILLITS MUNICIPAL CODE REVISIONS: SIDEWALK REPAIR
May 22, 2024

PRESENTED BY LEILONI SHINE

CONTRACT PLANNER

CITY OF WILLITS

COMMUNITY DEVELOPMENT DEPARTMENT

NEXT STEPS
PROVIDE GUIDANCE TO CITY STAFF:
1) Liability & P.O.S. Ordinances - Code revision - (Attachment A) 2) Resolutions - (Staff Report/Agenda Summary
Recommendation)
3) Fact Sheet - (Attachment C)
4) Future Policies & Ordinances - (Attachment B)
*Edits to proposed text will be prepared by staff for future review by City Council.*

BACKGROUND

PRIMARY REASONS
FOR
CODE REVISIONS:
* Missing:
* Missing:
* Updates Needed:
* Updates Needed:
* Updates Needed:
* Updates Needed:
* Updates Needed:
(See Attachment B of Staff Report)
1) CODE REVISION: (ATTACHMENT A)

LIABILITY ORDINANCE
REVISE WILLITS MUNICIPAL CODE CHAP. 12.16:

California Streets and Highways Code § 5610: 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. *See the Fact Sheet (Attachment C): “The City of Willits is Preparing a New Sidewalk Ordinance: Who’s Responsible for Sidewalk Repairs?”
1) CODE REVISION: (ATTACHMENT A)

POINT OF SALE ORDINANCE
ADD WILLITS MUNICIPAL CODE CHAP. 12.17:

12.17.010 Sidewalk inspection, replacement, and compliance certificates:

A. Title Transfer.

B. Construction or Remodeling: Where the cost of the work is estimated to exceed one hundred thousand dollars ($100,000.00).

C.Unsafe Condition Becomes Known. When the property owner becomes aware of an unsafe sidewalk condition, or when the property owner is notified by the City of an unsafe sidewalk condition.
2) RESOLUTION:

REPAIRS: QUALIFYING OWNERS

CREATE HARDSHIP PROGRAM
• The City of Willits does not currently have a Sidewalk Repair Financial Hardship Program. • There are many different types of cost-sharing or Financial Hardship Programs used by cities in California to aid with citywide sidewalk repairs. Staff suggests a Program in which the city would provide funding for subject repairs at no cost, or a reduced cost, to qualifying low-income property owners. • The City of Oakland qualifies property owners based on whether they have an annual household income of less than three times the national poverty level based on household size, as well as providing a copy of their current federal income tax returns and other documentation. The City of Oakland provides financial hardship approval subject to available funding, to a maximum expenditure of $50,000 annually, and does not necessarily award all qualified applicants.
• The City of Oakland modeled their Sidewalk Repair Hardship Program to be similar to the Hardship Program created by the City of San Jose.
• Another example: option for qualifying property owners to apply for a deferred payment plan up to $5,000, as modeled in the City of San Francisco.
2) RESOLUTION:

FEE WAIVER: 6 MONTHS
ALL PROPERTY OWNERS:

Resolution To Authorize A Six-Month Period In Which
Sidewalk Repair Permit Fees Would be Waived To
Encourage Private Property Sidewalk Damage
Repairs.
3) ATTACHMENT C:

FACT SHEET: SIDEWALK REPAIRS

CONTENT

1. Background: Why Willits is making Code Revisions.

2. California Streets and Highways Code §5610.

3. Why property owners should fix their sidewalks.

4. Contact (for more information).

SIDEWALK ORDER
ELEMENTS:
4) FUTURE POLICIES & ORDINANCES:

ATTACHMENT B
E.1) Maintenance & Repair
E.2) Liability
E.3) Permit Requirements
E.4) Inspection & Enforcement
E.5) Cost Sharing & Financial Assistance
E.6) Repair Criteria
E.7) Noticing/Deadlines
*Note: Some Elements currently in
Willits Chapter 12.16; updates needed.

Monthly Achievements & Activities
• On March 25th, the City received its third Notice of Extension from the FAA regarding the Part 16 Complaint, Paul Trexel v. City of Willits, California. On April 10th we received notification from the FAA informing the City that this complaint had been dismissed. The FAA is still reviewing the first two notices.
• Crews have spent a fair amount of time conducting vegetation management this month at the facility, along with replacing the windsocks, painting the flagpole, sweeping the runway, and preparing for the Department of Transportation inspection. • Personnel from Armstrong met with staff to discuss programming of future capital improvements with FAA grants prior to inspecting the facility. • Held the quarterly tenant’s meeting on April 18th, where the tenants asked Armstrong and City questions related to facility operations.

Project Updates
• Completed the new tenant parking area. The area at the south end of the hangar rows was paved with grindings/millings from the Services & Facilities yard. We would like to thank our crew for taking care of this project.

Staffing Items
• No items to report.

Budget Status
• Working on the 2024-2025 Budget.
• Continuing to work with Angela Christian to audit Airport financials.

Focus for Next Month
• Paint fuel tank and build a cover for the new Fuel Island.

Airport April 2024 | Report
1 Monthly Achievements & Activities
• Issued seven Building Permits .........................................Fourteen in March. • Opened seven Code Enforcement Case ......................Four in March. • Closed six Code Enforcement Cases .............................Eight in March. • Total of 40 active Code Enforcement Cases...............41 in March.

Project Updates
• Trail Project:
o Addressed comments from CPUC regarding City application to approve trail public crossing designs. CPUC review may take up to 45-days to complete (June 2024). o Permits are required from State and Federal Agencies prior to starting construction of the trail.

The City has obtained a conditional permit from the California Department of Fish and Wildlife (CDFW) and the 404 and 401 Permits from the Army Corps of Engineers and Regional Water Quality Control Board.
o Began environmental compliance, permitting and design of the off-site mitigation areas as required by CDFW and RWQCB. Work to be completed by Winter 2024. • General Plan Land Use Element Update and Sphere of Influence Amendment:
o Continuing to work with property owners to consider prospective rezoning of their property for inclusion in the LUE Update.
o Working with consultants to complete Draft Environmental Impact Report (EIR) and release for public review.
o Completed Draft General Plan Land Use Diagram.
o Final LUE update and EIR are anticipated for completion in June 2024. • Caltrans Clean California Grant (Beautify Willits Project):
o Continuing to hold bi-weekly project coordination meetings with project team. o Staff prioritized improvements to Main Street, Babcock and City Parks. This includes solar streetlights on and a banner over Main Street as envisioned in the Main Street Corridor Enhancement Plan. Prioritized improvements also include construction of a new pavilion and upgraded bathrooms in City Park as well as improved lighting in Babcock Park. o Developed community survey to solicit input on existing and potential new playground equipment at Bud Snider City Park. Over 90 people have responded to the survey which can be found at https://www.surveymonkey.com/r/SP6M3SL or by visiting the Community Development Department.
o Met with Caltrans staff to tour the various project sites including City parks and downtown. o The inaugural First Annual Clean Canvas event took place on April 27th at Bud Snider City Park.

A solid turnout of community members attended the free event, interacted with a variety of Community Development April 2024 | Report
2 non-profit booths and engaged in activities such as chalk art. City staff is looking forward to planning the 2025 Clean Canvas event.
o Entered into contract with consulting firm Tall Tree Engineering to complete design and bid documents for the Main Street Solar Street Lights and Banner. Contract supported by grant funds.
o Entered into contract with consulting firm SHN to complete design and bid documents for the new pavilion and bathroom remodel in Bud Snyder City Park. Contract supported by grant funds.
o Created project website to provide updates on the Beautify Willits Project. https://www.cityofwillits.org/301/Beautify-Willits-Project. • Willits Housing Rehabilitation Program:
o Continuing to hold bi-weekly project coordination meetings with project team. o A community meeting was held Wednesday May 1st at 6 PM to provide an overview of the proposed program and solicit public comments prior to finalizing program recommendations to present for Council consideration. Approximately 15 community members attended.

Staffing Items
• Currently seeking to fill the position of Senior City Planner or City Planner. Application available on the City HR website. https://www.cityofwillits.org/219/Employment-Opportunities.

Budget Status
• No items to report.

Focus for Next Month
• General Plan LUE Update and SOI Amendment:
o Complete LUE Public draft.
o Complete Public Draft Environmental Impact Report.
o Develop Mixed Use Zoning Districts for inclusion in the Zoning Code. o Notify property owners by letter of updated prospective General Plan Designation to property. • Trail Project:
o Final project designs and bid documents.
o Continue to complete environmental review and design of off-site mitigation lands. • Clean California Grant:
o Plan for free dump day for Willits residents.
o Develop program documents and guidelines. This includes items such as applications, intake procedures, eligibility requirements, scoring criteria and worksheets, contractor RFQ, etc... • Mobile Vendor Ordinance:
o Schedule stakeholder meetings. Meetings with prospective mobile vendors, brick and mortar restaurants and the School District.
• SB 9 Information Discussion and Ordinance.
• Willits Housing Rehabilitation Program:
o Program guidelines will be presented to Council at the May 22nd meeting for potential adoption.

Monthly Achievements & Activities
• Completed Fiscal Year 2021-2022 Audit.
o Finalizing the fund balance rolls to start the FY 22-23 Audit. o Completing the Management, Discussion and Analysis (MDA). o Completed the Public Facilities Corporation State and Federal including 990 Forms, 199 Forms, Form 8879TE and 8453EO.
• Preparing the SLFRF Report.
• Preparing the Utility Billing LIHWAP Report.
• Reviewed and provided information regarding iWorks payment processing. • Finance Committee facilitation with Measure K updates along with various other reports. • Started working on crosswalk items for Master Fee Schedule revision. • Completed State Water Board Fiscal reporting component.

Project Updates
• Fiscal Year 2024-2025 Budget:
o Departments readying their requests.
o Salary Model ready (will aid with the bargaining unit negotiations). o Reviewed capital projects for the Water & Wastewater Programs. o Polling to see best times to have budget workshop.
• Sent Fiscal Year 2022-23 year-end items and bank reconciliation to Edie Baily for review. • Onboarded Access for Edie Baily and S & L for fiscal activities and processed script changes to allow for entries from outside resources.
• Springbrook Transition:
o Scheduling Utility Billing for next fiscal year implementation. o Reviewed Human Resources and Employee Self Services Modules for further implementation. o Reviewed various solutions to mitigate repeat input into two systems prior to Utility Billing implementation.
o Created setup changes in payroll module for ACH batching to various payroll vendors.

Staffing Items
• Reviewed applications and resumes of candidates for the vacant Accountant position.

Budget Status
• Composed Department spreadsheets for Budget preparation. • Expecting a revised CIP list from Services & Facilities. • Polling to see best times to have budget workshop(s).

Finance April 2024 | Report
Focus for Next Month
• Budget for Fiscal Year 2024-2025.
• FEMA Grant RSI Process.
• Utility Billing LIHWAP Report.
• Year-End process and Facilitation for FY 2022-23.
o Compensated Absences.
o Fixed Assets and CIP.

Migration of Daily activities in ACS module for receipt collection. o Reconciliation of tax vehicles.
o Utility Billing.
1 Monthly Achievements & Activities
April 2023 April 2024
• 911 Calls Received 47 47
• Calls for service (CFS) 560 492
• Cases 73 58
• Arrests 123 108
• Citations 54 28
• Traffic Stops 124 83
Project Updates
• As staffing allows - continued traffic safety education and enforcement, with emphasis on school zones, pedestrian, speeding, and passing to the right violations. • Continued deployment of the speed awareness radar trailer. • Sgt. Avalos has completed Supervisor Training.
• FTO Gale has completed Firearms Instruction Training. • Officers Pearson and Angell completed Interview Techniques Training. • Department personnel participated in Department of Justice audits of our criminal records and CLETS (California Law Enforcement Terminal System) databases. • Officer Angell investigated and submitted an assault with a deadly weapon and firearms brandishing case to the Mendocino County District Attorney’s Office.

Staffing Items
• Promotions of Sergeant Avalos and Dispatch Supervisor Stainbrook • Police Officer Trainee Alex Garza continues to be assigned to the Basic Police Academy at the College of the Redwoods and is scheduled to graduate on July 12th. • Police Recruit Donovan Shively was injured while at the academy and has been rescheduled to attend the January 2025 academy course.
• The Department continues focus on an ongoing recruitment effort to fill vacancies for Police Officer, Dispatcher and Community Service Officer.
o Currently there is one applicant in the background process for a full-time dispatcher position and a second applicant in the background process for an on-call part-time dispatcher position. o Currently there are no Officer or Community Service Officer applications to consider. • Department staffing stands at about 50-percent of authorized strength.

Police Department April 2024 | Report
2 Budget Status
• Staff are beginning the annual budget process and are exploring replacement costs of vital infrastructure needs.

Focus for Next Month
• Preparing for the upcoming events:
o May 26th: Downtown Car Show.
o June 21st: Downtown Celebration.
o June 22nd/23rd: Horse Show at the Rodeo Grounds.
o June 28th: Truck Pulls.
o July 3rd: Rodeo.
o July 4th: Parade.
o June 4th – 6th: Rodeo.
1 Monthly Achievements & Activities
• Painted the curb on the new sidewalk on West Mendocino Ave. red to alleviate potential congestion during the Farmer’s Market. Refreshed additional curbs in that area. The radiuses at the new four-way controlled intersections converted last month were also painted. • Weeded several streets, including Main and Commercial Streets were weeded, clearing clump grass and vegetation from the sidewalks and right of ways. Also weeded and timed adjacent to City Hall and the Justice Center.
• Mowed throughout the City with a focus on alleys, ditch lines, and roadsides. • Mowed the Haehl Creek Trail.
• The crew spent a several days at the Airport, clearing bushes and small trees along the runway ends and around the segmented circle. The tie down and movement area was swept for FOD, and debris was hauled away in preparation for the annual DOT inspection. • Cleared the debris from a fallen oak tree on Holly St. (the tree fell from a private property). • Community and Maintenance Departments collaborated to facilitate the annual compost give away to coincide with Earth Day events. Cold Creek Compost of Redwood Valley provided the material to the community at no cost. Their yearly donation is greatly appreciated. • Swept the Wastewater Treatment Plant to help prepare the facility for their annual state inspection.

Project Updates
• Conditioned the mulch beds surrounding the tress on Main Street. The young trees continue to thrive, and all were fed to encourage a healthy growth season. • Serviced the newly installed landscape on Blosser Lane as well as the Wood Street Parking Lot.

Exploring lighting options for the lot.
• Started irrigation to fields, trees, and parks. Repairing the irrigation system, as necessary.

Weeded and restocked planters.
• Filled the open ditch line adjacent to the Skate Park Parking Lot. • Pricing potential lighting upgrades to the Tennis Courts. The lights continue to function, providing evening recreational opportunities.
• Reviewed traffic control plans and detour route submissions for the upcoming events. Staff continues to prepare the Main Street corridor to support the events. • Removed the large stump from the oak behind the Boy Scout Hut that fell last year during the winter storms and filled the hole. MD Tree Management is to grind the remaining stumps in the Recreation Grove. They are scheduled to begin the work in the next few weeks. • Repairs and realignment of the damaged fence behind the Scout Hut is the last phase of the restoration efforts.

Services & Facilities April 2024 | Report
2 • Flushing the Water Distribution System is almost complete, maintenance crews are assisting when needed.
• Preparations were made for a city-wide power service interruption from PG&E. The project was postponed to a later date, yet to be determined.
• Improvements to S. Lenore and Boscabelle are underway, residents in the area have expressed appreciation for the project.
• Replaced six bulbs from traffic signals for the westbound turn lane facing north at the intersection of Main and W. Commercial Streets.

Staffing Items
• Celebrated the retirement of a longstanding employee with a ceremony. Friends and family attended as well.

Budget Status
• No items to report.

Focus for Next Month
• Citywide vegetation management: Roadside mowing will continue as areas firm up to allow access and grass continues to grow from late season rains. • Continue athletic field aeration, weed abatement, and turf care. • Brushwork and debris removal at various locations on the Surface Water Plant property, including clearing out the upper wier and around the back wash ponds. • Repainting of the floors in the restrooms at the pool. • Assist the Police Department with station clean up and equipment surplus. The Bike Kitchen of Ukiah has been contacted regarding a potential donation of unclaimed and impounded bicycles.

Arrangements are being made to facilitate the donation so the bikes can be reconditioned rather than disposed of. The 501c3 provides bike repairs and low-cost refurbishments to those in need. • Mowing of the Airport runway and surrounding property. • Continue mulch bed realignment at Snyder Park.
• Replace the tree that was removed at the Wood St. Parking Lot. • Assist in preparing for the Memorial Day Car Show at its first ever Main Street venue. • Participate in the street sign buyback program by trading in damaged and unusable street signs for purchase credits toward new street signs.
1 Monthly Achievements & Activities
• Replaced leaking fire hydrant on the corner of Holly Street and S. Hwy 20. • Replaced water service line on McKinley Street.
• Cleaned 850 lineal feet of sewer mainline in the collection system. • Cleared brush and downed trees on the access road to Centennial’s lower weir. • Trenched for new electrical conduit and installed new breakers for power in the conex storage container located in the Corporation Yard
• Repaired water leak at the Berryhill Pump Station.
• Completed the annual inspection of Morris and Centennial with the Division of Dam Safety. • Cleaned and flushed all turbidity supply lines that feed the turbidity meters. • Dewatered and put air in the Northbrook distribution pressure tank. • Operators attended a confined space class organized by the California Rural Water Association. • Cleaned and repaired clogged foot valve on the ferric chloride (main coagulant) day tank. • Assisted with meter reading with monthly hi/low list and shutoffs for non-payment. • Exercised the generators within distribution system’s pump stations. • Installed sewer backflow on the lateral to the Willits Unified School District Bus Barn. • Inspected 11 sewer laterals for home sales and three were completed. • Completed and submitted the California Environmental Reporting System (CERS) report for the WWTP.
• Sampled groundwater, dirt, and plants from nine different areas to prepare for our annual biosolids application to the sludge field in late September.

Project Updates
• Reservoir Capacity: Morris 662-acre feet and Centennial 638-acre feet equates to 100-percent of full capacity (May 10th).
• April 2024 Water Usage: SWTP: 14,924,959 MG. April 2023: 12,448,956 MG.

GWTP: 0 MG. April 2023: 4,354,000 MG.

Totals: 14,924,959 MG. April 2023: 16,798,956 MG.
• Non-Potable Water Usage [Truck Fill Station]: 22,535 K/Gals. April 2023: 23,886 K/Gals. • April 2024 Wastewater Treatment Plant Flows: 43,093,789 MG. • MD Tree Service removed 11 trees for fire preventative maintenance adjacent to the Surface Water Treatment Plant (SWTP).

Utilities April 2024 | Report
2 • Met with Division of Dam Safety regarding the Obermeyer Inflatable Dam. DDS and staff have agreed to research other options with potential slide gates to release water as needed during the winter storm season.
• Annual flushing program-completed: Hwy 20 to KOA, Central Ave., E. Barbara Ln., E. Oak St., E.

San Francisco Ave., Railroad Ave., Alameda Ave., Monroe St., E. Valley St., California St., Penn St., Madden Ln., Humboldt St., Pearl St., E. Mendocino Ave., Creekside Dr., S. Lenore St., N. Lenore St., State St., Marin St., E. Commercial St. to the Skate Park. This completes flushing on the east side of S. Main from the railroad tracks north to State Street.

Staffing Items
• Celebrated Bud “Perry” Fritz’s retirement of 17 years with the City in both of the Wastewater and Water Departments.

Budget Status
• No items to report.

Focus for Next Month
• Schedule Groundwater Treatment Plant (GWTP) media removal and replacement with water surplus.
• Schedule Wipf Construction to replace a broken fire hydrant and repair a failed culvert on S.

Main Street at Franklin Avenue.
• Schedule new WWTP server and software upgrades with Apex (IT) and Primex (SCADA integrator).
• Continue annual watermain flushing program.
• Schedule electrical equipment upgrade and permanent weather structure at Northbrook Pump Station with Fuller Electric.
• Continue working with EBA Engineering on the plan for the Lead Service Line Inventory mandate from the Environmental Protection Agency (EPA) and the State Water Resource Control Board.

Willits City CouncilMay 22, 2024

Willits City Council
May 22, 2024