Maintaining San Diego’s Sidewalks But It’s Not My Sidewalk!

R1

Direct the Transportation Department to perform a periodic assessment of the city sidewalk network, in conjunction with a remediation effort, to support informed budgeting and remediation decision making. This assessment should identify the party responsible for repair.

R2

Direct the Transportation Department to make the location of damaged sidewalks available on the City’s sidewalk GIS tool.

R3

Direct the Transportation Department to increase the number of ramping crews and/or slicing capacity to proactively remediate defects found by a periodic assessment process.

R4

Direct the Transportation Department to publish an annual assessment on the future impact of funding sidewalk repairs below required levels.

R5

Direct the Transportation Department to update department KPIs to separately track progress on repairing sidewalks based on the party responsible for the repair (City or property owner.)

R6

Direct the Transportation Department to develop and publish a comprehensive plan to institute a series of steps to increase property owner compliance with Notices of Responsibility. City of San Diego. Annual Transportation Department Update. Active Transportation and Infrastructure Committee. [Online] Mar 7, 2024. https://sandiego.hylandcloud.com/211agendaonlinecomm/Meetings /ViewMeeting?id=5959&doctype=1&site=comm. City of San Diego. Five-Year Capital Infrastructure Planning Reports. Capital Improvements Program. [Online] 2024. https://www.sandiego.gov/sites/default/files/2024-01/fy-25-29-five-year-capital-infrastructure-planning- outlook.pdf. 3San Diego County Grand Jury. 2022/2023 Grand Jury Reports/Responses.. [Online] Jun 8, 2023. https://www.sandiegocounty.gov/content/dam/sdc/grandjury/reports/2022-2023/W hen%20Will%20My%20Street%20Be%20Paved%20-%20San%20Diego%20Street%20Paving%20Challenges.pdf. California State Highway Code. §5610 (1941) https://leginfo.legislature.ca.gov/faces/codes_ displaySection.xhtml?sectionNum=5610.&lawCode=SHC. Hicks, Gerald C. “But It’s Your Sidewalk! Sidewalk Repair and Liability”. League of California Cities. (May 8, 201) https://www.cacities.org/resources-documents/member-engagement/professional-departments/city- attorneys/library/2014/spring-conf/5-2014-spring-gerald-hicks-but-its-your-sidewalk_s.aspx. 14 6City of San Diego Council Policy. Policy No. 200-12: Sidewalk Maintenance Policy. (February 6, 1975) https://docs.sandiego.gov/councilpolicies/cpd_200-12.pdf . City of San Diego. Office of City Attorney. “Assessing the Conditions of Sidewalks.” Memoranda of Law. (August 29, 2013). https://docs.sandiego.gov/memooflaw/ML-2013-16.pdf. City of San Diego Active Transportation and Infrastructure Committee. “Item 02-Sidewalk Maintenance & Replacement Update” (June 2, 2023) https://sandiego.hylandcloud.com/211agendaonlinecomm/Meeting s/ViewMeeting?id=5598&doctype=1&site=comm. City of San Diego City Council Meeting. “Safe Sidewalks Program and Sidewalk Repair Permit Fee Holiday.” (November 13, 2023) https://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ ViewMeeting?id=5816&doctype=1&site=council. Communities of Concern is defined by San Diego as the census tracts in the top 30th percentile of the CalEnvironScreen 3.0 tool. https://www.sandiego.gov/sites/default/files/background_review_ presentation_of_findings_final_compressed_2intro.pdf. City of San Diego Office of the Independent Budget Analyst. IBA Report Number 15-13: Municipal Approaches to Sidewalk Liability and Repairs. (April 15, 2015) https://www.sandiego.gov/sites/default/files/15_13_150415.pdf 12 City of San Diego Pavement Management Plan (January 2024) https://www.sandiego.gov/sites/default/files/2024- 01/pavement-management-plan-report.pdf 13 City of San Diego Transportation Departments, Streets division. “Sidewalks” [online] https://www.sandiego.gov/ street-div/services/roadways/sidewalk. City of San Diego City Council Meeting. “Safe Sidewalks.” (November 13, 2023) 15 City of San Diego. “Volume II: Department Detail. Fiscal Year 2024 Adopted Budget. (2024) https://www.sandiego.gov/sites/default/files/fy24ab_v2transportation.pdf. REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such comment shall be made to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. 15 (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code 933.05 are required from the: Responding Agency Findings Recommendations Mayor of San Diego F1 through F7 R1 through R6 San Diego City Council F1 through F7 R1 through R6 16