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HomeMy WebLinkAbout1990-008 ~. --,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. 90-8 RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE RECONSTRUCTION AND/OR REPAIR OF SIDEWALKS, CURBS AND GUTTERS LOCATED ON THE PUBLIC RIGHT-OF-WAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. In order to expedite the repair of existing sidewalk, curb, gutter and paved parkway improvements, the City may pay one-half the cost of such work. SECTION 2. The construction and maintenance of driveway approaches is the responsibility of property owners and the City shall bear no portion of the cost of the repair or construction driveway approaches repair is directly of unless the attributable to damage sustained as a result of trees growing in the public right-of-way, as determined by the Public Services Director. SECTION 3. Replacement and repair of sidewalks, curbs, gutters and driveway approaches where damage is directly attri- to trees in public right-of-way or butable where the improvements have been damaged due to expansion, as determined by the Public Services Director, is an obligation of the City 23 and said work shall be performed at no cost to the property 24 25 26 owner. The infilling of curb depressions and SECTION 4. 27 driveway approaches no longer utilized for the purpose for which 28 they were intended are eligible projects for the one-half matching cost hereunder. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. This resolution does not apply to sidewalk, parkway, curb and gutter improvements required of a property owner as a condition of obtaining a building permit, conditional use permit or other type of development permit. SECTION 6. The work hereunder may be performed by city Forces or by a private contractor engaged by the property owner following application to the Public Services Department for par- ticipation in the program. a. An application for work to be performed may be initi- ated by either the City or the property owner. Applications, outlining the shall be completed on forms Public Services Department. b. work to be performed, to be provided by the c. The Public Services Director, upon finding that an application is consistent with the intent of this resolution, shall have an inspection made of the pro- ject; estimate the cost of the work; and advise the property owner of the dollar amount of the City's one-half contribution. d. The property owner will have the option of having the work performed by City Forces or by a private contractor selected by the property owner. In no event will the amount of the City's contribution ex- -2- ~ .... ,.' .. ceed the sum determined in (cl above. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. If City Forces are to perform the work, the property owner shall deposit the sum determined in (cl with the Public Services Department, prior to the work being performed. f. If, after a determination is made in pursuant to (cl above, and a property owner prefers to have a private contractor perform the work, the Public Services Director following final inspection and approval of the work by the City, and upon the presentation of receipted bills or invoices, shall authorize 50% of the actual cost of the project or the sum determined pursuant to (cl above, whichever is less, to be paid to the property owner. g. In the event a property owner elects to have the work performed by a private contractor, the contractor shall apply for and receive a no-fee permit issued by the Public Services Department. h. The Public Services Director may initiate a repair hereunder by mailing a letter to the property owner requesting that the repair be made, advising of the City's participation program and enclosing an application form. In the event a property owner fails to respond or declines to participate in the program, the needed repair shall be referred to the Public Works Department for action leading to the -3- '. " repair on a mandatory basis, with the full cost thereof to be borne by the property owner. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i. In the event a property owner declares an inability to pay one-half the cost of the needed repair, a statement requesting the cost to be waived shall be submitted to the Public Services Director on a form provided for that purpose. All such requests shall be sumbitted to the Council Ways and Means Committee for decision, which decision shall be final. j. If it is necessary for the Public Works Department to with repairs, utilizing an outside proceed contractor, the City's one-half cost participation program shall not be operative and there shall be no waiver of the cost. 16 I HEREBY CERTIFY that the foregoing resolution was adopt- 17 ed by the Mayor and Cornmon Council of the City of San Bernardino 18 at a 19 day of 20 21 22 23 24 25 26 27 28 meeting thereof, held on the 8th reoular JanUdrv , 19 90 AYES: Council Members Estrada. Flores, Maudslev. POne-L\ldldm Miller NAYS: None ABSENT: Cotlnci I Mmnhers Rei llv Mi nor ~//4?'?/~~ /' city Clerk -4-