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CITY OF SAN BER~...RDINO -
REQUEST ~~R COUNCIL ACTION
From: MARSHALL W. JULIAN
City Administrator
Dept:
SU~Kt: RESOLUTION REGARDING PROCEDURE
FOR CITY/PROPERTY OWNER PARTICIPATIO
IN SIDEWALK RECONSTRUCTION/REPAIR.
Date:
December 12, 1989
Synopsis of Previous Council action:
12/4/89 -- Ordinance amending Chapter 12.92 to require the construction
and maintenance of sidewalks and curbs and to provide
procedures for assessment of costs incurred by City was
continued to December 18, 1989.
RKommended motion:
Adopt resolution.
Contact person: Marshall W. Julian
Phone: 5122
Supporting data attached: ves
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
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CITY OF SAN BERN-ARDINO - REQUEST POR COUNCIL ACTION
STAFF REPORT
It is requested that the attached resolution be adopted and
that proposed section 12.92.040, relating to the same
subject, be received and filed. The City Attorney and I have
discussed the matter and agree that the desired end result
can be achieved without encumbering the Municipal Code.
The procedural aspects of the resolution enunciate a policy
of the city which is financially feasible at this time. If
this situation changes in the future, the resolution can be
revised to fit the situation. Also, since this is a new
policy, with new procedures, there may be a necessity for
periodic changes based on actual usage.
MWJ/md
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RESOLUTION NO.
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
of
driveway approaches
unless the
repair
is
directly
attributable to dam~ge 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-
butable
to trees in
public right-of-way or
where
the
improvements have been damaged due to expansion, as determined
by the Public Services Director, is an obligation of the City
and said work shall be performed at no cost to the property
owner.
SECTION 4.
The infilling of curb depressions
and
27 driveway approaches no longer utilized for the purpose for which
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for the one-half
they were
intended are eligible projects
matching COb_ hereunder.
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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.
b.
Applications, outlining the
shall be completed on forms
Public Services Department.
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-
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c~ed the sum determined in (~) above.
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e. If City Forces are to perform the work, the property
owner shall deposit the sum determined in (c) with
the Public Services Department, prior to the work
being performed.
f. If, after a determination is made in pursuant to (c)
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 (c) 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
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~ .pair on a mandatory ba~~s, with the full cost
thereof to be borne by the property owner.
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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
proceed with repairs, utilizing an outside
contractor, the city's one-half cost participation
program shall not be operative and there shall be no
waiver of the cost.
I HEREBY CERTIFY that the foregoing resolution was adopt-
ed by the Mayor and Common Council of the City of San Bernardino
at a meeting thereof, held on the
day of 1989.
AYES: Council Members
NAYS:
ABSENT:
City Clerk
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RESOLUTION RETATING TO PROCEDURE FOR CITV!OWNER PARTICIPATION
IN RECONSTRU~ ~ON/REPAIR OF SIDEWALKS, CBS, GUTTERS LOCATED
ON PUBLIC RIGHT-OF-WAY.
1 The foregoing resolution is hereby approved this
2 day of 1989.
3
4 w. R. Holcomb, Mayor
5 city of San Bernardino
6 Approved as to form
and legal content:
7 JAMES F. PENMAN
8 City Attorney
9 I
By: !J.i~'chl"::> - . ,
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