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. CITY OF SAN BERlcARDINO ~EQUEST . ')R COUNCIL ACTION
From: FRED A. WILSCE, Assistant to the
City Aaninistrator
Dept: City Administrator
Subject: ClIDINANCE RELATING .'1'0 ~CBMmlr
PERMIT FCE TRAFFIC LANE CLOOORE.
Date: 2/5/90
Synopsis of Previous Council action:
12/7/89 - Item continued to the meeting of February 5, 1990 to allow staff and
Utility Coopany representatives to further discuss the proposed
ordinance and resolution.
2/5/90 - Item continued to meeting of February 19, 1990.
Recommended motion:
That further reading of said ordinance be waived and said ordinance be adopted.
~'""
Contact person:
FRED A. WILSCE
Phone:
384-5122
Supporting data attached:
YES
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
. _n"'_ ,~__ .._ ,:1, S?
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. elT,Y OF SAN BERti .RDINO - REQUEST L JR COUNCIL ACTION
STAFF REPORT
The attached ordinance was developed in response to concerns
identified by the Mayor relative to traffic congestion which
was generated during rush hours by utility companies as well
as other entities working in the public right-of-way.
Although any type of work involving street excavations or
street cuts currently requires a permit, no requirement
exists for a permit for routine maintenance work performed in
manholes or for work which does not involve street
excavations. The absence of a requirement for a permit
prevented Public Services staff from being notified of
maintenance work undertaken by these types of entities
especially during rush hours and inspecting the worksites to
ensure appropriate traffic control devices were in place.
The proposed ordinance will require any traffic lane closures
(which are necessary for all work on streets) occurring
between the hours of 7:00 a.m. to 8:30 a.m. and/or 3:30 p.m.
to 5:30 p.m. on Monday through Friday or for all or part of
two or more days in anyone block area to require an
encroachment permit. The provisions of the ordinance will
only apply to the streets designated in the ordinance which
are primarily arterials. Although a no-fee permit is
recommended at this time, the ordinance does allow the city
to establish permit fees by resolution. Public Services
staff will monitor their level of effort involved in this
program and re-evaluate the need for a fee after a six-month
period. It should also be noted that emergency closures will
not be required to obtain an encroachment permit. All
approved traffic lane closures will be required to be
barricaded in accordance with the "Work Area Traffic Control
Handbook", developed by CALTRANS, which specifies minimum
requirements for barricades and signs, etc. Failure to
comply with this manual will result in a stop work order
being issued by the city and may also result in the payment
of penalty fee.
The proposed ordinance will apply to
private commercial enterprises as well
under the jurisdiction of the City.
all public agencies,
as ~ny other entities
Two meetings have been held with Utility Company representa-
tives as well as the Water Department to review this
ordinance and general agreement was reached on its
provisions.
ED A. WILSON,
Assistant to the
City Administrator
FAW/sh
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1 ORDINANCE NO.
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
3 TO ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Section 12.04.055 is hereby added to the San
Bernardino Municipal Code to read as follows:
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"12.04.055 Encroachment Permits For Traffic Lane Closures
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a. Any Traffic lane closure occurring between the hours of
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7:00 a.m. to 8:30 a.m. and/or 3:30 p.m. to 5:30 p.m. on
Monday through Friday or for all or part of two or more
successive calendar days in anyone block area shall
require an Encroachment Permit from the Director of Public
Services at least 24 hours in advance of the scheduled
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closure.
Applications for such permits may be sent by
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telecopier (fax) to the Department of Public Services.
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b. The Mayor and the Common Council may by resolution
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establish fees for such Encroachment Permits.
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c. Except as otherwise provided herein, any traffic lane
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closure occurring during the hours or times specified above
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without a previously issued permit shall subject the
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responsible party to a fee to compensate for administration
and enforcement which shall be based on actual cost but not
to exceed Two Hundred Fifty Dollars ($250.00). In addition
future permits issued to said party shall be subject to
additional conditions as determined necessary by the
Director of Public Services.
d. Emergency closures shall not require an Encroachment
DAB/ses
February 9, 1990
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Permit.
The Director of Public Services shall be
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immediately notified of the need for an emergency closure
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by telecopier or by telephone, followed by te1ecopier or
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personal written notice.
As used in this subsection
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"emergency" means an actual, threatened, or anticipated
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incident or situation which seriously threatens the public
health or safety.
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Approved traffic lane closures must be barricaded by
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permittee in accordance with the 'WATCH' manual approved by
CALTRANS.
Failure to comply with this manual shall
constitute sufficient grounds for a stop work order by the
City of San Bernardino.
f.
The provisions of this Section shall apply to all
public agencies, private commercial enterprises, and all
other entities of any type whatsoever except those entities
or agencies not subject to the jurisdiction of the City.
g.
The provisions of this Section 12.04.055 shall only
apply to those streets within the City described as
follows:
1. Waterman Ave. : Barton Road to 30th st.
2. Sierra Way: Mill to Highway 18
3. Mt. View: 5th to Highland
4. Arrowhead: Orange Show Road to Parkda1e
5. "0" Street: Ria1to to Highland
6. "E" Street: Hunts Lane to 30th st.
7. "F" Street: 4th to Baseline
8. "G" Street: 4th to Highland
DAB/ses 2
February 9, 1990
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9. "H" Street:
10. "G" street:
11. Mt. Vernon:
3rd to Highland
Rialto to 3rd St.
Grant Ave. to Highland
12. University Pkwy.:
Northpark Blvd. to Cajon
13. 40th Street:
14. 30th Street:
17. Baseline:
18. 9th street:
Electric to San Gabriel
"H" Street to Arden
City Limits to City Limits
Medical Center Dr. to Del Rosa
19. 6th Street: "H" Street to Arrowhead
20. 5th Street: "H" Street to Waterman
21. 4th Street: "H" Street Arrowhead
22. 3rd Street: "0" Street to Waterman
23. Court Street: "E" Street to Arrowhead
24. 2nd Street:
25. Rialto Ave.:
26. Mill Street:
Mt. Vernon to Waterman
Mt. Vernon to Waterman
Tippecanoe to Sheppard Bridge
27. Orange Show Road:
Arrowhead to Auto Plaza
28. Hospitality Lane:
29. Redlands Blvd.:
30. Tippecanoe:
31. "I" Street:
"E" Street to Tippecanoe
Hunts Lane to City Limits
Mill to Freeway 10
33. Del Rosa:
32. Inland Center Dr.: "E" Street to "I" Street
Inland Center Dr. to 3rd Street
h.
Pacific to Foothill Street
Projects involving the use of "Rule 20" funds are
exempt from the provisions of this Section."
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DAB/ses
February 9, 1990
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1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
2 TO ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURES.
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SECTION 2.
This ordinance is an urgency ordinance
necessary for the immediate preservation of the public health,
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safety and welfare in order to protect the traffic safety of the
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citizens of San Bernardino, by encouraging those entities which
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need to make street encroachments to do such work at hours of
lesser traffic congestion. When heavy traffic is required to use
fewer lanes than the normal design provides, the chance of
accidents and injuries are greatly increased, and therefore the
performance of such work during off hours will increase the
health and safety of the citizens of the City of San Bernardino.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1990, by the following vote, to wit:
Council Members:
ABSTAIN
AYES
NAYS
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
DAB/ses
February 9, 1990
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1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
2 TO ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURES.
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The foregoing ordinance is hereby approved this
day
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, 1990.
of
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W. R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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DAB/ses
February 9, 1990
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING A ENCROACHMENT FEE FOR UTILITY LANE
3 CLOSURE
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
An encroachment fee for utility lane closure
7 is hereby imposed in the amount of Fifty Dollars ($50.00) per
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hour with a one hour minimum.
No fee shall be charged or
9 required for closure between six o'clock p.m. and six o'clock
10 a.m. or on weekends or legal hOlidays.
11 I HEREBY CERTIFY that the foregoing resolution was duly
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12 adopted by the Mayor and Common Council of the City of San
13 Bernardino at a meeting thereof, held on the
14 day of , 1989, by the following vote, to wit:
15 AYES: Commissioners
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NAYS:
ABSENT:
Secretary
The foregoing resolution is hereby approved this
day
of
, 1989.
W.R. Holcomb, Mayor of the
City of San Bernardino
24 Approved as to form
and legal content:
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James F. Penman,
City Attorney
B~
DAB/ses
December 5, 1989
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