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CI.TY PF SAN BERN~DINO - REQUEST FO COUNCIL ACTION
From:
Fred Wilson
Assistant City Administrator
Su~~: Proposed Ordinance Amendment
Chapter 12.93 Improvements
Dept:
Dete:
March 20, 1991
Synopsis of Previous Council ~ion:
2/7/91 -- Legislative Review Committee referred the proposed ordinanc
amendment to the City Administrator's Office to analyze
program implementation and departmental responsibilities.
3/14/91 Legislative Review Committee again reviewed item and
recommended approval of the amended ordinance to the
Mayor and Common Council.
Recommended motion:
That further reading of the ordinance be waived and it be laid over
for final adoption.
Signature
i Contact person: 'J;I,...~n Wi' C!.nn
Phone: 5122
Supporting dete atteched:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.!
IAcct. DescriDtionl
FiMllce:
Council Notes:
7~-0262
Agenda Item No
.:2/
C~TY ~F SAN BERNA:\DINO - REQUEST FO COUNCIL ACTION
75-0264
STAFF REPORT
Under Chapter 12.93 of the Municipal code, the Public services
Department may contribute up to 50% of the costs for repair of
existing sidewalk, curb, gutter or paved parkway improvements.
This section of the code was established primarily to provide a
mechanism to expedite the repair of damages to these types of
public improvements. This section also permits the 50% matching
program for infilling of curb depressions. Resolution 90-8
provides a procedure for implementation which involves submittal
of an application, providing an estimate of work, etc.
It was intended that Section 12.93 would primarily apply to
small scale, public improvements exclusive of improvement
projects constructed by the Engineering Department under Chapter
12.92 of the Code. In order to clarify this issue, it is
proposed that section 12.93 of the Code be amended to state that
projects constructed through Chapter 12.92 proceedings will not
be eligible for this matching program. Additionally, Section
12.93 is also recommended to be amended to reflect the inclusion
of installation as well as repair of sidewalk, curb, gutter and
other improvements. This amendment is recommended to help
implement installation of small projects (i.e. single lot
infills) which may not warrant undertaking the expenses
associated with a Chapter 12.92 project. The Director of Public
Services will have the discretion to make this determination.
t~
"
It should be noted that the Engineering Department will also be
preparing a recommendation regarding the establishment of a 50%
matching program for future Chapter 12.92 improvement projects.
FRED WILSON
Assistant city Administrator
FAw/md
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTION A OF SECTION 12.93.010 OF THE SAN BERNARDINO
3 MUNICIPAL CODE PROVIDING FOR CITY PARTICIPATION IN SIDEWALK/CURB
REPAIR AND CERTAIN SEWER CONNECTION COSTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Subsection A of section 12.93.010 of the San
Bernardino Municipal Code is hereby amended to read as follows:
12.93.010
A. Notwithstanding other provisions of this Code, the
Streets and Highways Code or any other provision of law, the
City, at its discretion, may contribute fifty percent (50%) of
the costs to be paid by the property owner for repair or
installation of
sidewalk,
paved
parkway
curb,
gutter,
improvements, infilling of
curb depressions
driveway
or
approaches excluding improvements projects constructed under
Chapter 12.92 of the Municipal Code.
The Public Services
Director shall determine when to contribute the fifty percent
(50%) based on the cost of the repair, the ability of the
property owner to pay, and the cooperation exhibited by the
property owner.
Such determination shall be subject to appeal
to the Mayor and Common Council pursuant to Chapter 2.64 of this
Code.
I HEREBY CERTIFY that the foregoing ordinance was duly
25 adopted by the Mayor and Common Council of the City of San
26 Bernardino at a
27 day of
28 wit:
meeting thereof, held on the
, 1991, by the following vote, to
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ORDINANCE ~ING CHAPTER 12.93.010 c:>
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
city Clerk
, 1991.
W. R. HOLCOMB, MAYOR
City of San Bernardino
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The foregoing ordinance is hereby approved this
day of
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16 Approved as to form and
legal content:
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JAMES F. PENMAN
19 city A torney
20 By
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