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" CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File No. 6 . 50
Adoption of Ordinance Amending
From: ROGER G. HARDGRAVE Subject: Chapter 12 of SBMC - Right of [play
Permits, Excavations and Tenpo-
Dept: Public Works rary Encroachments
Date: 9--22-97 C,
Synopsis of Previous Council action:
1950 - Adoption of Ordinance 1879 1978 - Adoption of Ordinance
and 1983 MC-3767
1953 - Adoption of Ordinance 2742 1981 - Adoption of Ordinance MC-75
1956 - Adoption of Ordinance 2122 1984 Adoption of Ordinance 14C-344
1966 - Adoption of Ordinance MC-75 1985 - Adoption of Ordinance MC-460
1967 - Adoption of Ordinance 2805 1990 Adoption of Ordinance 11C--711
1968 - Adoption of Ordinance 2883 and MC-729
and 2910
1969 Adoption of Ordinance 2981 7--21-97 - Referred to Legislative
1970 Adoption of Ordinance 3099 Review Corulittee
and 3107 9-22--97 - Reconrlended adoption of
proposed ordinance.
Recommended motion:
That said ordinance be laid over for final adoption.
SEP 2 4 199
cc: F. Wilson
J. Pennan
ignature
Contact person: Gene R. Klatt Phone: 5125
Supporting data attached: Staf f Report & Ordinance Ward: All
FUNDING REQUIREMENTS: Amount: NSA
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: Previously - $a!r jplpeely7
Mc- /0()y
75-0262 �L/L,^// 7 Agenda Iterr
I;
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT Page 1 of 2
The City' s original ordinance regulating the cutting of
public streets was adopted in 1950 . This ordinance has been
amended several times over the intervening years. Also,
responsibility for administering this ordinance was transferred
from the Public Services Department to the Public Works
Department within the last year.
The proposed ordinance will repeal all existing sections
of the SBMC relating to cutting streets, and consolidate all
provisions in the new Section 12 . 03 , "Right-of-Way Permits -
Excavations and Temporary Encroachments . "
Many cities are in the process of adopting "Street
Restoration Fees, " in order to receive compensation for the
damage to street pavement as a result of cuts . There are some
legal and policy issues that are being reviewed. Due to these
issues , this fee is not included in the proposed ordinance, but
could be added when these issues have been resolved.
Below are some significant features contained in the
proposed ordinance:
Section 12 . 03 . 040 authorizes the City to regulate the
location, size, depth and number of utility facilities
installed, in order to equitably allocate available space in
City streets .
° Section 12 . 03 . 06 incorporates additional requirements for
applications for permits .
° Section 12 . 03 . 070 allows issuance of blanket permits for minor
work on residential streets and emergency repairs.
° Section 12 . 03 . 090 states that no traffic lanes be closed on
arterial and collector streets during peak traffic periods,
generally between 7 : 00 - 8 : 30 a.m. and 3 : 30 -- 5 : 30 p.m.
° Section 12 . 03 . 100 requires non--franchised utilities to pay a
cash deposit to cover the estimated costs. Franchised
utilities , that have repair/replacement language in their
franchise, are exempt from paying a deposit for these costs .
° Section 12 . 03 . 110 provides that --
1 . A deposit be paid, or approved security posted, for
damages and as idemnity for any damages.
2 . A policy or certificate of liability insurance be fur-
nished by non-franchised utilities .
9-22-97
7s.roF;a
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Page 2 of 2
3 . Applicants affirm that they have a certificate of consent
to self insure, or a certificate of Workmen' s Compensation
Insurance, or a signed certificate of exemption from the
requirement to have Workmen' s Compensation Insurance.
4 . Owner occupant/builders are exempted from requirement to
provide insurance certificates for work with a value under
$5 , 000 . 00 , but must declare that they are exempt from the
Contractor' s Licensing Legislation.
• Section 12 . 03 . 130 provides that work shall be prosecuted with
due diligence, and not obstruct traffic more than is actually
necessary.
• Section 12 . 03 . 140 regulates the abandonment of utility
facilities, and makes the owner responsible for the abandoned
facility.
The proposed ordinance has been extensively reviewed by
representatives from the various utility companies . Vigorous
opposition was registered to the "Street Restoration Fee, " but
they are generally in agreement with the proposed ordinance.
A motion was adopted at the Council meeting of 7-21-97 to
refer the proposed ordinance to the Legislative Review Committee.
The Committee reviewed the proposed ordinance on 8-11-97 , and
continued it for about 30 days, in order to afford the utility
companies an opportunity to review the latest revisions.
At their meeting of 9-08--97 , the Committee indicated
their concurrence and directed. that the final draft be brought
back for this review, and a recommendation to the Mayor and
Council. The final draft was reviewed at the meeting of 9-22--97 ,
and approved with one very minor revision.
We recommend that the ordinance be approved.
9-22-97