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HomeMy WebLinkAbout37-City Administrator city OF SAN BEhlllARDINO /~EQUES"l FOR COUNCIL ACTIO' From: FRED A. WILSCE, Assistant to the City Administrator Dept: City Alininistrator Subject: ORDINANCE RELATING TO ENCROA.cSMENr PERMIT FCR 'mAFFIC LANE CLa)URE. 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 Coqpany representatives to further di5ClJSS the proposed ordinance and resolution. 2/5/90 - Item continued to meeting of February 19, 1990. Recommended motion: 1'hat further reading of said ordinance be waived and said ordinance be adopted. ~tu" Contact person: FRED A. NILSCE Phone: 384-5122 Supporting data attached: YES Ward: N/A FUNDING REQUIREMENTS: Amount: Source: (Acct, No,) (Acct. DescriPtion) Finance: Council Notes: ^___..J_ 1.__ ..,_ 3 7 . .ClT.Y OF SAN BEFi-_.ARDINO - REQUEST ~OR 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 any 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 75-0264 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 5 SECTION 1. Section 12.04.055 is hereby added to the San 6 Bernardino Municipal Code to read as follows: 7 "12.04.055 Encroachment Permits For Traffic Lane Closures 8 9 a. Any Traffic lane closure 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 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 closure. Applications for such permits may be sent by telecopier (fax) to the Department of Public Services. b. The Mayor and the Common Council may by resolution establish fees for such Encroachment Permits. c. Except as otherwise provided herein, any traffic lane closure occurring during the hours or times specified above without a previously issued permit shall subject the 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 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Permit. The Director of Public Services shall be 2 immediately notified of the need for an emergency closure 3 by telecopier or by telephone, followed by telecopier or 4 personal written notice. AS used in this subsection 5 "emergency" means an actual, threatened, or anticipated 6 incident or situation which seriously threatens the public 7 8 health or safety. e. Approved traffic lane closures must be barricaded by 9 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 Parkdale 5. "0" Street: Rialto 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 9. "H" Street: 10. "G" Street: 11. Mt. Vernon: 3rd to Highland Rialto to 3rd st. Grant Ave. to Highland Northpark Blvd. to Cajon 12. University Pkwy.: 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: "D" 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 Arrowhead to Auto Plaza 27. Orange Show Road: "E" Street to Tippecanoe 28. Hospitality Lane: 29. Redlands Blvd.: 30. Tippecanoe: 31. "I" Street: Hunts Lane to City Limits Mill to Freeway 10 Inland Center Dr. to 3rd Street 32. Inland Center Dr.: "E" Street to "I" Street Pacific to Foothill Street 33. Del Rosa: h. Projects involving the use of "Rule 20" funds are exempt from the provisions of this Section." / / / / / / DAB/ses February 9, 1990 3 10 11 12 13 14 15 16 17 18 19 20 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. 3 SECTION 2. This ordinance is an urgency ordinance 4 necessary for the immediate preservation of the public health, 5 safety and welfare in order to protect the traffic safety of the 6 7 8 9 citizens of San Bernardino, by encouraging those entities which 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 , 1990, by the following vote, to wit: day of Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES 21 MAUDSLEY 22 MINOR 23 POPE-LUDLAM 24 MILLER 25 26 27 City Clerk 28 DAB/ses February 9, 1990 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 3 The foregoing ordinance is hereby approved this day 4 , 1990. of 5 6 7 8 9 W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 1 ..~ By: / ~ 72 j?r~ o ' 25 26 27 28 DAB/ses February 9, 1990 5 1 2 3 4 5 6 7 8 9 10 , 11 r 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE .RELATING TO ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 12.04.055 is hereby added to the San Bernardino Municipal Code to read as follows: "12.04.055 Encroachment Permits For Traffic Lane Closures a. Any Traffic lane closure 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 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 closure. Applications for such permits may be sent by telecopier (fax) to the Department of Public Services. b. Except as otherwise provided herein, any traffic lane closure occurring during the hours or times specified above without a previously issued permit shall subject the 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 (S250.00). In addition future permits issued to said party shall be subject to additional conditions as determined necessary by the Director of Public Services. c. Emergency closures shall not require an Encroachment Permit. The Director of Public Services shall be immediately notified of the need for an emergency closure DAB/ses February 28, 1990 1 @ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 by telecopier or by telephone, followed by telecopier or 2 personal written notice. As used in this subsection 3 "emergency" means an actual, threatened, or anticipated 4 incident or situation which seriously threatens the public 5 health or safety. 6 d. Approved traffic lane closures must be barricaded by 7 permittee in accordance with the 'WATCH' manual approved by 8 CALTRANS. Failure to comply with this manual shall 9 constitute sufficient grounds for a stop work order by the City of San Bernardino. e. 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. f. The provisions of this Section 12.04.055 shall only apply to those streets within the City described as follows: l. 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 Parkdale 5. "DH Street: Rialto to Highland 6. liE" Street: Hunts Lane to 30th st. 7. "F" Street: 4th to Baseline 8 . "GI1 Street: 4th to Highland 9 . IlH" Street: 3rd to Highland 10. "G" Street: Rialto to 3rd st. DAB/ses 2 February 28, 1990 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 11. Mt. Vernon: Grant Ave. to Highland 3 13. 12. University Pkwy.: Northpark Blvd. to Cajon 2 4 14. 5 17. 6 18. 7 19. 8 20. 9 21. 22. 23. 24. 25. 26. 40th street: Electric to San Gabriel 30th Street: "H" Street to Arden Baseline: City Limits to City Limits 9th street: Medical Center Dr. to Del Rosa 6th street: "H" street to Arrowhead 5th street: lIH" Street to Waterman 4th Street: "H" Street Arrowhead 3rd Street: "D" Street to Waterman Court Street: "E" Street to Arrowhead 2nd Street: Mt. Vernon to Waterman Rialto Ave.: Mt. Vernon to Waterman Mill Street: Tippecanoe to Sheppard Bridge Arrowhead to Auto Plaza 27. Orange Show Road: "E" Street to Tippecanoe 28. Hospitality Lane: Hunts Lane to City Limits 29. Redlands Blvd.: Mill to Freeway 10 30. Tippecanoe: Inland Center Dr. to 3rd Street 31. "I" Street: "E" Street to "I" Street 32. Inland Center Dr.: 33. Del Rosa: Pacific to Foothill Street g. Projects involving the use of "Rule 20" funds are exempt from the provisions of this Section." h. Projects done under contract with the City and administered by the City's Department of Public Works are exempt from the provisions of this Section, but notification shall be given to the Department of Public DAB/ses February 28, 1990 3 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURES. 3 Services of any lane closures. Notification by the Public 4 Works Department is to be given 24 hours in advance, 5 whenever the Contractor's schedule permits. 6 i. Any temporary closure of a lane for a period of less 7 than 30 minutes, for minor maintenance or pavement marking 8 work, such as changing a traffic signal lamp, shall be 10 I HEREBY CERTIFY that the foregoing ordinance was duly 9 exempt. 11 adopted by the Mayor and Common Council of the City of San 12 Bernardino at a meeting thereof, held on the 13 day of , 1990, by the following vote, to wit: 14 Council Members: AYES NAYS ABSTAIN 15 ESTRADA 16 REILLY 17 FLORES 18 MAUDSLEY 19 MINOR 20 POPE-LUDLAM 22 21 MILLER 23 24 25 26 City Clerk / / / / / / / / / DAB/ses 4 February 28, 1990 27 28 1 2 3 4 5 6 7 8 9 10 . 11 t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURES. The foregoing ordinance is hereby approved this day of , 1990. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~adfJ DAB/ses February 28, 1990 5