Agenda Item €t\ Approvals: City Manager AGENDA REPORT ------.-.,...,...._.. Dept. Head ~~-= SAN CLEMENTE CITY COUNCIL MEETING Attorney October 20, 2015 !~'+-- Meeting Date: Finance Department: Public Works I Engineering Prepared By: Tom Bonigut, Deputy Public Works Director f!J Subject: CITY COUNCIL CONSIDERATION OF REPAIR OF TILE SIDEWALKS. Fiscal Impact: Unknown at this time (depends on further City Council direction). Summary: Staff seeks City Council direction concerning repair of tile sidewalks as discussed below. Background: At its September 1, 2015 meeting, the City Council considered award of a construction contract for the Fiscal Year 2015 Sidewalk Repair Program. That contract was to repair defective sidewalks on several streets where use of Ole Hanson Replica Tile is required by the City's Municipal Code. The City Council decided to table consideration of the construction contract for 60 to 90 days and directed staff to provide information so the City Council could re-visit Resolution 03-04 which established the Sidewalk Repair Program. This item was scheduled for discussion at the City Council's October 6 meeting, however the City Council deferred this matter to the October 20 meeting to allow the City Attorney to advise on Councilmember eligibility to consider the matter since most Councilmembers live within 500 feet of tile sidewalk areas depicted in the City's Municipal Code. The City Attorney will provide that advice via a separate memo. This report is to transmit previous information so that the City Council may consider the issue. Discussion: The October 6, 2015 staff report is provided as Attachment 1, and includes information previously requested by the City Council. In addition, the September 1, 2015 staff report concerning the proposed contract award for the FY 2015 Sidewalk Repair Program is provided in Attachment 2. This proposed construction contract is "on hold" pending the Council's consideration of tile sidewalk issues. The contractor indicated that he would hold his submitted bid for up to 90 days from the bid opening date which was August 4. This means that a decision by the City Council will be needed on October 20 on whether to award the sidewalk repair construction contract as presented or to reject all bids and cancel the project. Engineering Agenda Report 10-20-15 / BA-1 Agenda Report Page 2 Recommended Action: STAFF RECOMMENDS THAT the City Council: 1. Provide direction concerning construction and repair of tile sidewalks; and 2. Provide direction concerning award of the FY 2015 Sidewalk Repair Program construction contract. If Council wishes to proceed with the contract, then staff recommends that the City Council: a. Approve the plans and specifications for the FY 2015 Sidewalk Repair Program, Project No. 19317; and b. Authorize the Mayor to execute a contract with Unique Performance Construction Inc. in the amount of $67,340 for the FY 2015 Sidewalk Repair Program, Project No. 19317. If Council does not wish to proceed with the contract, then staff recommends that the City Council reject all bids for the FY 2015 Sidewalk Repair Program, Project No. 19317. Attachments: 1. October 6, 2015 Staff Report 2. September 1, 2015 Staff Report Notification: None. S:\cd\Eng ineering\secure\Admin\2015 Admins\10-20-2015\10-20-15-2r.docx 10-20-15 I BA-2 Attachment 1 Agenda Item q (\ Approvals: 11= AGENDA REPORT City Manager Dept. Head P SAN CLEMENTE CITY COUNCIL MEETING Attorney 5-:S Date: October 6, 2015 Meeting Finance(1!, Department: Public Works I Engineering Prepared By: Tom Bonigut, Deputy Public Works Director PfL Jim Pechous, City Planner ::::> -$2 Subject: CITY COUNCIL CONSIDERATION OF REPAIR OF TILE SIDEWALKS. Fiscal Impact: Unknown at this time (depends on further City Council direction). Summary: Staff seeks City Council direction concerning repair of tile sidewalks as discussed below. Background: At its September 1, 2015 meeting, the City Council considered award of a construction contract for the Fiscal Year 2015 Sidewalk Repair Program. That contract was to repair defective sidewalks on several streets where use of Ole Hanson Replica Tile is required by the City's Municipal Code. The City Council decided to table consideration of the construction contract for 60 to 90 days and directed staff to provide information so the City Council could re-visit Resolution 03-04 which established the Sidewalk Repair Program. The City Council also expressed its concerns regarding "consistency, cost to residents and honoring historic roots." This report provides information to assist the City Council's consideration of the Sidewalk Repair Program. Discussion: Per State law, property owners are responsible for maintenance and repair of sidewalk on properties fronting public streets. However, in early 2003 the City Council adopted Resolution No. 03-04 (see Attachment 1) which established a 50-50 cost sharing program to assist property owners with the cost of repairing defective sidewalks. This resolution specified procedural requirements of the program but did not specify required sidewalk materials. A subsequent Ordinance No. 1276 (see Attachment 2) designated areas of the City (see Exhibit A included with the ordinance) in which repair of sidewalks would be with tile, provided the existing sidewalk "is of historic clay tile or a mixture of tile and patches of other materials." About 80% of the work under the current proposed sidewalk repair contract involves replacement of tile since those locations currently have tile and are located within areas designated by Ordinance No. 1276. Also, Planning staff confirmed that tile sidewalks were added to the Historic Structures List (later renamed the Historic Resources List) via adoption of Resolution No. 07-72 in late 2007 (see Attachment 3). If the City Council was inclined to re-consider the extent of areas requiring installation of tile sidewalk, then a new ordinance would need to be adopted to revise the Municipal Code accordingly, and the tile sidewalks would need to be removed from the Historic Resources List per the process and criteria provided in Municipal Code Sections 17.16.160(0) and (F). Engineering Agenda Report 10-20-15 I BA-3 Agenda Report Page 2 In general this would involve the processing of an application to delist the historic sidewalks. To qualify evidence of one of the following is required: • The information relied on by the City Council in making the original historic designation for tile sidewalks was erroneous or false, or significant new information is available that was not previously available to demonstrate that the tile sidewalks do not meet the specified criteria; or • Circumstances wholly beyond the City's control have rendered the tile sidewalks ineligible for designation in accordance with the specified criteria. In order to process the delisting application the City_ would need to prepare a historic resource evaluation prepared by a qualified historic consultant and a CEQA analysis. CEQA to delist would most likely require a focused Environmental Impact Report. Planning estimates that to pursue removal of the tile sidewalks from the Historic Resources list would require about nine months and an estimated cost of $80,000 to pay for the required studies. The exception to the process described above is for some areas designated by Ordinance No. 1276 where no tile sidewalk currently exists. In that case the Municipal Code tile sidewalk map could be updated without the historic tile delisting process. The proposed FY 2015 Sidewalk Repair Program construction contract presented to the City Council is "on hold" pending the Council's consideration of the issues discussed above. The contractor indicated that he would hold his submitted bid for up to 90 days from the bid opening date which was August 4. This means that no later than the City Council's next meeting on October 20 a decision will be needed to either award the contract or reject all bids for the FY 2015 Sidewalk Repair Program. Recommended Action: STAFF RECOMMENDS THAT the City Council: 1. Provide direction concerning designation of tile sidewalks as historic resources; 2. Provide direction concerning award of the FY 2015 Sidewalk Repair Program construction contract presented to the City Council on September 1, 2015. If Council wishes to proceed with the contract, then staff recommends that the City Council: a. Approve the plans and specifications for the FY 2015 Sidewalk Repair Program, Project No. 19317; and b. Authorize the Mayor to execute a contract with Unique Performance Construction Inc. in the amount of $67,340 for the FY 2015 Sidewalk Repair Program, Project No. 19317. 10-20-15 I 8A-4 Agenda Report Page 3 Attachments: 1. Resolution No. 03-04 2. Ordinance No. 1276 3. Resolution No. 07-72 Notification: None. S:\cd\Engineering\secure\Admin\2015 Adm ins\ 10-06-2015\ 10-6-15-7r.docx 10-20-15 I BA-5 t Attachment 1 RESOLUTION NO. 03-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLE1\1ENTE, CALIFORNIA, INITIATING THE SIDEW ALKREPAIR PROGRAM WHEREAS, the City of San Clemente strives for its 146 miles of public sidewalks to be maintained in a safe manner for the traveling public; and WHEREAS, the City completed a study on the conditions of existing sidewalk conditions throughout the City; and WHEREAS, there is a need to replace approximately 30,800 square feet and ramp/grind approximately 2,300 locations of sidewalk over the next several years through a sidewalk repair program ("Sidewalk Repair Program"); and WHEREAS, it is the property owners' responsibility to repair defective sidewalks fronting their properties unless the defects were caused by City trees or City-owned utilities; and WHEREAS, the City has limited resources available to participate in the Sidewalk Repair Program; and WHEREAS, the City will need to prioritize the defective sidewalks to be repaired. NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows: Section 1.