HomeMy WebLinkAbout25- Public Works CITY OF SAN EERN' 'kRDINO REQUEST F4JAeG�° 4 ACTION
From: ROGER G. HARDGRAVE, Director Subject: Ordinance Amending Municipal
Dept: Public Works/Engineering Code by adding Chapter 12.95
Date: October 12, 1992
Synopsis of Previous Council action:
09-21-92 Discussion on this matter - referred to LRC
Recommended motion:
That further reading of said Ordinance be waived and that it be laid over for
final adoption.
cc: Shauna Clark, City Administrator
Jim Penman, City Attorney
to e
Contact person: Verne Nadeau Phone: 384-5026
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: NONE
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-02e2 Agenda Item No. 09.5
CITY OF SAN BERF" ',RDINO - REQUEST F- )R COUNCIL ACTION
STAFF REPORT
This matter involving narrow driveway approaches was discussed at the September 21
Council meeting and was referred to the Legislative Review Committee. On October 8,
1992, a proposed Ordinance was submitted to the Committee and was approved.
Many of the arterial and collector streets run through older neighborhoods where
driveways were allowed to be constructed narrower than current standards provide.
When turning into these narrow driveways, residents may tend to cause a traffic
problem.
To alleviate these potential hazards, it would be beneficial to provide public
assistance to homeowners to upgrade their substandard driveways which would benefit
all of the residents of the City of San Bernardino. This program would only apply
where the replacement is needed from a traffic standpoint and would only affect those
driveway approaches which exit onto arterial or collector streets.
This Ordinance would provide a program where the City would pay 50% of the cost of
such removal and reconstruction and the funding therefor would be addressed as each
project was commenced. This is not a forced program and would apply only to those
property owners who were in favor of having their approaches reconstructed.
5-0264
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1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN
BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 12.95 THERETO
3 PROVIDING PROCEDURES FOR CITY PARTICIPATION IN THE RECONSTRUCTION
OF SUBSTANDARD DRIVEWAY APPROACHES.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Findings.
7 The Mayor and Common council of the City of San Bernardino
8 do find and declare as follows:
9 1. Many of the arterial and collector streets of the City
10 run through older neighborhoods.
11 2. These older neighborhoods were developed at a time when
' 12 driveways were allowed to be narrower than current standards
13 Provide.
14 3. When travelling at the higher speeds allowed on the
15 arterial and collector streets of the City, residents
16 turning into these narrow driveways may tend to cause a
17 traffic problem.
18 4. To alleviate these potential hazards the Mayor and
19 Common Council find that providing public assistance to
20 homeowners to upgrade their substandard driveways would be
21 in the public interest and would benefit all of the
22 residents of the City of San Bernardino.
23 5. Such a participation program should only apply where
24 the replacement is needed from a traffic standpoint and
25 where the project would not face extraordinary conditions
26 not applicable to such driveways in general.
27 6. This program is not inconsistent with that program
28 provided in San Bernardino Municipal Code Chapter 12.92.
DAB:js[Reconstr.Ord] 1
1 Section 2. Chapter 12.95 is hereby added to the San
2 Bernardino Municipal Code to read as follows:
3 12. 95.010. Substandard Driveway Approaches: City
4 Participation.
5 Notwithstanding other provisions of this Code, the Streets
6 and Highways Code or any other provision of law, the City, at its
7 discretion, may contribute fifty percent ( 50%) of the cost
8 incurred for removal and reconstruction of substandard driveway
9 approaches as provided in this Chapter.
10 12.95.020. Eligible Projects.
11 Eligible projects for City participation of one-half the
12 cost shall be only those driveway approaches which exit onto
13 arterial or collector streets and which have been found by the
14 Director of Public Works to not be in accordance with the
15 Department of Public Works ' Standard Drawing No. 203
16 12.95.030 Work Performed.
17 The work hereunder may be performed by a private contractor
18 engaged by the property owner or, by the City, at the discretion
19 of the Director of Public Works and following application to the
20 Public Works Department for participation in the program.
21 (a) An application for work to be performed may be
22 initiated by either the City or the property owner.
23 (b) Applications, outlining the work to be performed shall
24 be completed on forms to be provided by the Public Works
25 Department.
26 (c) The Director of Public Works, upon finding that an
27 application is consistent with the intent of this Chapter,
28 shall have an inspection made of the project; estimate the
DAB:js[Reconstr.Ord] 2
j cost of the work; and advise the property owner of the
2 dollar amount of the City' s one-half contribution.
3 (d) If the Director of Public Works makes a determination
4 that the City shall perform the work, the property owner
5 shall deposit the sum determined pursuant to (c) above with
6 the Public Works Department, prior to the work being
7 performed. The Director of Public Works shall determine a
8 time frame for such payment and if the property owner shall
9 have not made such deposit, within such time frame then that
10 property shall be dropped from the project.
11 (e) If the Director of Public Works makes a determination
12 that the property owner may perform the work, then the
13 Property owner or his/her private contractor must obtain a
14 no cost Public Works Construction permit. Following final
15 inspection and approval of the work by the City, and upon
16 the presentation of receipted bills or invoices, the
17 Director of Public Works shall authorize 50% of the actual
18 cost of the project, or the sum determined pursuant to (c)
19 above, whichever is less, to be paid to the property owner.
20 ( f) The Director of Public Works may initiate the removal
21 and reconstruction hereunder by mailing a letter to the
22 property owner advising of the City's participation program
23 and enclosing an application form. In the event a property
24 owner fails to respond or declines to participate in the
25 program within 15 days after the date of the notice, all
26 proceedings will terminate.
27 (g) Any unforeseen necessary extra work which may arise
28 during such removal and reconstruction or caused by such
DAB:js[Reconstr.Ord) 3
removal and reconstruction shall be shared equally by the
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DAB:js[Reconstr.Ordj 4
itim __Aim
1 AN ORDINANCE. . .AMENDING THE SAN BERNARDINO MUNICIPAL CODE BY
ADDING CHAPTER 12.95 THERETO PROVIDING PROCEDURES FOR CITi
2 PARTICIPATION IN THE RECONSTRUCTION OF SUBSTANDARD DRIVEWAY
APPROACHES.
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1992, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing ordinance is hereby approved this day
19 of 1992.
20 W. R. Holcomb, Mayor
21 City of San Bernardino
Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By:
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DM:js[Reconstr.Ord] 55