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CITY OF SAN .BRNARDINO
File No. 6.50
_ RBQUBST FOR COUNCIL ACTION
From: ROGER G. HARDGRAVE
Subject:
Establish~ent of a Retroactive
Date for Standard Requirement
No. 11 -- Undergrounding of
Utilities by New Developments
~
Oept: Public Works/Engineering
Date: 11-17-88
Synopsis of Previous Council action:
06-15-87 -- Resolution No. 87-189 adopted revising standard Require-
ment No. 11, relating to undergrounding of utility lines
by new developments.
09-21-87 -- City Engineer and City Attorney directed to prepare a
revision to the existing Standard Requirement No. 11,
relating to undergrounding utilities.
03-08-88 -- Resolution No. 88-65, adopting Standard Requirement No.
11 relating to underground utility lines, adopted.
Recommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Richardson
Jim Penman
Contact person: Roger G. Hardqrave
Phone:
5025
Supporting data attached: Staff Report & Resolution
Ward:
All
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion) .
Finance:
Council Notes:
75.0262
Agenda Item No.
/Cj
C11. OF SAN BERNARDlttO - REQUEt>> ~~ FOR COUNCIL ACT~"N
STAFF REPORT
Standard Requirement No. 11, relating to the under-
grounding of utilities by new developments, was revised by
adoption of Resolution No. 87-189 on 6-15-87. This resolution
expanded and clarified the intent of the requirements to under-
ground utilities. Several appeals were filed as a result of the
more stringent requirements.
In order to alleviate the opposition to the conditions
imposed by this resolution, direction was given at the Council
Meeting of 9-21-87 for a revision to be prepared that would limit
the impact of the requirement to underground utilities, by
setting criteria on minimum area, proposed use, and relationship
to the valuation of the development. Also, that it be legally
defensible.
A revision was prepared
However, due to the time required
the Legislative Review Committee,
not adopted until 3-08-88.
pursuant to this directive.
for preparation and review by
the Resolution No. 88-65 was
At the Legislative Review Committee meeting of 11-17-88,
a recommendation was made that the effective date of the
revisions be set retroactive to 1-1-88. This recommendation was
based upon the inordinate amount of time needed for preparation
review and adoption of the revised requirements. By making the
effective date retroactive to the first of the year would adjust
the time from the date the directive was issued until
implementation of the revised requirement, more in line with
normal practice.
The attached resolution sets the effective date of the
resolution limiting the impact of the requirement to underground
utili ties as of 1-1-88. We recommend that this resolution be
approved.
11-17-88
75-0264
~.---
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
AN EFFECTIVE DATE RETROACTIVELY TO JANUARY 1, 1988, FOR STANDARD
3 REQUIREMENT NO. 11, RELATING TO REVISED REQUIREMENT FOR UNDER-
GROUNDING UTILITIES.
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11/17/88 28
WITNESSETH:
WHEREAS, Resolution No. 88-65, adopting Standard Re~
quirement No. 11 was adopted on March 8, 1988; and
WHEREAS, Resolution No. 88-65 was adopted pursuant to
a directive issued at the Council meeting of September 21, 1987;
and
WHEREAS, an inordinate amount of time was required to
prepare and adopt this resolution; and
WHEREAS, it is desired to set an effective date retro-
actively to January 1, 1988, in order to reduce the time for
preparation and review to approximate the normal practice;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL AS FOLLOWS:
SECTION 1. The effective date for Resolution No. 88-
65 is hereby set retroactively to January 1, 1988.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof held on the
day of
, 1988, by the following vote, to-wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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11/17/88 28
RESO: ESTABLISHING AN EFFECTIVE ~rlTE RETROACTIVELY TO 1-1-88
FOR STANDARD REQUIREMENT NO. 11 - UNDERGROUNDING UTILITIES
The foregoing resolution is hereby approved this ____day
of
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
1\
'\ i )
l.AA ' -,
,xv-'~1"""::< - J ~--
c;rtJy Attorney
, J
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