HomeMy WebLinkAboutAB 1985 - Sidewalk RepairsREQUEST:
DATE:
IX
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 1985 (Strickland) AT ITS MEETING OF FEBRUARY 26, 2008
March 27, 2008
CONTENTS: AB 1985 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of February 26, 2008, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB 1985 (Strickland) relative to sidewalk repairs.
EXECUTIVE SUMMARY:
Passage of AB 1985 would require local agencies to install and repair sidewalks to a standard
established by the State of California.
BACKGROUND:
Current law requires the owners of lots or portions of lots fronting on any portion of a public
street or place to maintain the sidewalk in such condition that the sidewalk will not endanger
persons or property and will not interfere with the public convenience. The provisions of AB
1985 would require local agencies to maintain any sidewalk within its jurisdiction, whether or not
it is in the right-of-way, in a condition that will not endanger persons or property and will not
interfere with the public convenience in the use of the sidewalk. In addition, this bill would
require the owner of property fronting on a portion of a sidewalk that may be out of repair to
provide the Director of Public Works with written notice to repair that sidewalk and the Directo
would then have to acknowledge receipt of the written notice. This bill would spe hat hH. ' a,
local agency has three months from the dispatch of the acknowledgement to repair th dew ilk. w
In addition, if the repair is not made within three months, the owner of the property II II re ai.- o
the sidewalk and the cost of that repair must be reimbursed by the local agency_ a�sEg4 o
this bill would constitute a State mandated program.
x
Because passage of AB 1985 would transfer responsibility for the repair of priva e r(p rt7 to 0local agencies as well as creating a tremendous financial and legal burden, thp e 1i la ive e
Review Committee recommends that the City Council oppose AB 1985 and Jir cis tt
prepe a letter stating that position to appropriate legislators for the Mayor's sr>tu:ie. _ U
A O csc
PATRICIA SCULLY
, CFEE PP.JC GIBSON H
SENIO MANAGEMENT ANALYST DIRECTOR OF FINANCE/ U
CITY TREASURER Q •,-,
/SHEILA R. GILLrGAN-
ACM/COMMUNITY SERVI
CARLOS
CITY MANAGER
z Q a �za) o
5U VI > > Z CD b p�-E+ H H c4
....
>4C4 l Hu)ua E-'H�UP
HwU Mpatiarncng•r4