AGENDA TITLE:
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Review of the City’s Curb, Gutter, & Sidewalk Maintenance Policy & Municipal Code Chapter 15.44 Requiring Off-Site Improvements (CM)
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MEETING DATE:
November 19, 2025
PREPARED BY:
James Lindsay, Interim City Manager
recommendation
RECOMMENDED ACTION:
Review the City’s Curb, Gutter, & Sidewalk Maintenance Policy and Municipal Code Chapter 15.44 and provide direction to staff on any changes.
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BACKGROUND INFORMATION:
Mayor Pro Tempore Yepez and Councilmember Craig-Hensley requested a review of the City’s Curb, Gutter, & Sidewalk Maintenance Policy, specifically the cost sharing provisions for sidewalk maintenance, and a review of the requirement on certain developments to bring frontage improvements up to current City standards.
Curb, Gutter, & Sidewalk Maintenance Policy
Public sidewalk maintenance for California cities has been guided by Section 5610 of the CA Streets & Highway Code since 1935:
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.
The City Council’s most recent policy regarding maintenance of curbs, gutters, & sidewalks was adopted in 2005 (Attachment A). The main points from the policy for sidewalk maintenance are summarized below:
• The City will grind or temporarily patch 0.75-1.5 inches of offset with no cost to the property owner for up to three times per location.
• The property owner is responsible for the full cost of replacing sections of sidewalk (and adjacent gutters and driveways if needed) for offsets exceeding 1.5 inches. The City will pay 100% of the cost when an offset is caused by a tree within the public right-of-way.
• Encroachment permit and administrative fees are waived for property owners who undertake maintenance/replacement without formal notice. Fees are applicable to cases in which the City (or its contractor) does the work and processes formal notices.
• The City will advance funds for installation or maintenance without interest if the property owner agrees to make payments over the course of 12 months and upon execution of a written payment agreement with the City.
• Property owners meeting low-income eligibility per the City’s utility discount program (SHARE) may elect to defer maintenance costs until transfer of ownership with execution of a payment agreement. Fixed interest on the amount owed shall be established at the then-current Local Agency Investment Fund rate and accumulated interest shall be capped at 100% of the principal.
Trip and fall claims against cities have sharply increased. The City of Lodi belongs to the California Joint Powers Risk Management Authority (CJPRMA), a member directed risk management pool which currently includes 15 cities. CJPRMA has had 32 sidewalk cases in the last 7 years, for a total incurred loss of $21.4 million. Addressing sidewalk trip and fall hazards should continue to be a high priority for the City.
Municipal Code Chapter 15.44
The Lodi Municipal Code (LMC) Chapter 15.44 (Attachment B) requires that all projects over a certain construction value be required to install all necessary off-site improvements such as curbs, gutters, sidewalks, driveways, and utilities. If off-site improvements exist along a project’s frontage and those improvements do not meet current city standards, then those improvements are required to be reconstructed to current standards (LMC Section 15.44.050(d)).
The construction value is adjusted every based on the change in the U.S. Average Engineering News-Record Building Cost Index (LMC Section 15.44.040). For all building permits issued after June 30, 2025 and before June 30, 2026, the construction value that shall be reached before offsite improvements are required is $75,400.
The majority of residential and commercial remodels in the city have a construction value greater than $75,400 and are therefore required to reconstruct older frontage improvements that do not meet current city standards. The purpose of the section to have property owners gradually improve the frontages of their property (curbs, gutters, and sidewalks) to current standards at the time they are improving their property.
This requirement can significantly increase the cost of a development project especially in older sections of the city. Additional plan review time of the permit is also necessary in these circumstances to ensure the improvements meet current standards.
STRATEGIC VISION:
Not applicable.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.