HomeMy WebLinkAbout11-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Ordinance of the City of San
Bernardino Amending Chapter
Dept: Development Services 12.03 of the Municipal Code
pertaining to a trench cut
Date: July 8, 2008 moratorium on newly paved public
roadways.
File Nos.
MCC Date: August 4, 2008
Synopsis of Previous Council Action:
Feb. 15, 2008 Legislative Review Committee considered the establishment of a
moratorium on trench cuts in newly paved streets in the City and
continued the item for 90 days.
June 17, 2008 Legislative Review Committee was provided a status report and
continued for two weeks.
July 18, 2008 Legislative Review Committee recommended that the Mayor and
Common Council adopt a trench cut moratorium.
Recommended Motion:
That said ordinance be laid over for final adoption.
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer Phone: Ext. 5203
Supporting data attached: Staff Report& Ordinance Ward: All
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
Acct.Description:
Finance:
Council Notes:
y�oP; 3
Agenda Item No._
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Ordinance of the City of San Bernardino amending Chapter 12.03 of the Municipal Code to
establish a trench cut moratorium on newly paved public roadways.
Background:
On February 15, 2008, staff requested that the Legislative Review Committee consider the
establishment of a moratorium on trench cuts in newly paved streets in the City. The Committee
continued the item for 90 days so that staff could do additional research and meet with the utility
companies. The Legislative Review Committee reviewed a draft ordinance at their meeting of June
17, 2008, and continued for 30 days. At their meeting of July 18, 2008, the Committee
recommended that the Mayor and Common Council adopt the ordinance prohibiting trench cuts on
newly paved streets. Representatives from Southern California Edison and The Gas Company
concurred with the language presented to the Committee. Subsequent to that meeting, non-
substantive changes were made to the draft ordinance.
The attached memorandums to the Legislative Review Committee contain additional background
information.
Financial Impact:
None.
Recommendation:
That said ordinance be laid over for final adoption.
Attachments:
"1" - February 15, 2008 Legislative Review Committee Memorandum
"2" - June 12, 2008 Legislative Review Committee Memorandum
"3" - July 18, 2008 Legislative Review Committee Memorandum
"4" - Ordinance
2
07/31/2008 12:09 PM
Attachment "1"
i
CITY OF SAN BERNARDINO
Development Services Department
Interoffice Memorandum
TO: Leorislative Review Committee
FROM: die C. Ro s Director
SUBJECT: Proposed Moratorium on Cutting into Newly Paved or Slurry Sealed Streets
DATE: February 15, 2008
COPIES: Fred Wilson, City Manager; Robert Eisenbeisz, City Engineer
I am recommending to the Legislative Review Committee that the City consider implementing a
moratorium on cutting into newly paved or slurry sealed streets. A vast number of utilities exist
beneath the roadways including water, electric, storm drains, sewers and cable all of which
require repairs, replacement or new service at some time during their life. Additionally,
technological advances such as fiber optics result in the need by the service provider to cut into
the street to place their new facilities. In order to protect the integrity, ride quality and aesthetics
of newly resurfaced streets, cities are adopting street cut moratoriums on newly paved or slurry
sealed streets.
The City of Mission Viejo recently completed a survey of surrounding cities to determine which
cities had adopted ordinances placing a moratorium on street cuts in newly paved streets.
Twenty-two cities responded with 15 cities either adopting ordinances or policies on this subject.
Most of the cities adopted a 5-year moratorium, but allowing waivers for emergency work or at
the discretion of the City Engineer based on described criteria. When waivers are granted,
conditions may apply such as requiring frill lane width pavement restoration in the area of the
Utility cut.
While utility cuts can't be prevented, cities can exercise best efforts to prevent cuts into recently
paved streets. One method used by San Bernardino and many other cities is to conduct routine
utility coordinating committee meetings where all parties discuss and docwllent future work to
prevent conflicts. While on face value this may seem to solve the problem, it doesn't. For
example, a utility company representative may not attend all meetings or send someone not
knowledgeable with all their projects or forget to relay important information to their field crew,.
Adopting an ordinance placing a moratorium oil street cuts in new pavement gives the City an
enforcement tool to protect our new streets. Before considering such an ordinance. however, the
City should perform the followink:
Review our franchise aunreements with the utility companies. Lan`Muage play be present
either precluding or limiting a moratorium on franchised utilities.
1
Memo to LRU o2 1;?uuS
Rli:Propo cd Moratorium on(•using into\c%%1% Pancd or Sturm Slall'll Suret>
Pa'--c_'of?
• In order to retain good relations with the utility companies it would be in our interests to
meet with them first to discuss our intentions.
• Determine who can grant a waiver, under what criteria and whether any special conditions
should apply to how the pavement is restored after the utility cut.
• Develop a plan for how utility companies and others are informed of our moratorium streets.
• Consider how the age of newly paved or slurry sealed streets will be documented, e.g. City's
GIS or Pavement Management System, so that the moratorium can be readily enforced.
• Request the City Attorney's office to perform a preliminary legal review of a moratorium.
I recommend that the Development Services Department first perform the steps listed above and
then, in 90 days, bring back to the Legislative Review Committee a proposed moratorium on
cutting into newly paved or slurry sealed streets.
Attachments: City of Mission Viejo Survey
City of Dana Point Ordinance
City of Fountain Valley Ordinance
City of Irvine Municipal Code relating to excavations
County of Sacramento Municipal Code relating to a moratorium
City of Santa Ana Municipal Code relating to preserving newly constructed streets
S:Puhlir Works'Kerr- Morlord's FolderWemus\LRC Utility C'ut Nkuatorium.d�,c
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Dana Point Municipal Code—See(c) below for moratorium requirements.
14.01.540 Specifications for Resurfacing.
(a) Resurfacing After Refilling and Compaction. After completion of refilling
and compaction of the backfill material in the excavation, as specified in Section
14.01.590 of this Chapter and the removal of the obstruction, the permittee shall promptly
replace, with temporary or permanent patching material, or repair any portion of the
highway surface removed or damaged by the excavation, obstruction, and construction
operations, as specified elsewhere herein, to the satisfaction of the Director.
(b) Permanent Paving. Where the pavement surface has been removed, the
permittee shall replace it with four(4) inches of asphalt concrete (AC) over six (6) inches
of crushed aggregate base (CAB)on local streets and six (6) inches of AC over eight(8)
inches of CAB on arterial streets, but in no case shall the newly placed AC and CAB be
less than one inch thicker than the existing AC and CAB. The material utilized for
permanent paving shall be one of the following depending on the AC pavement that
exists in the area of work, subject to the discretion of the City Engineer, and shall be per
the following:
(1) Conventional Asphalt Concrete Pavement. The AC pavement base course
shall be Class B-AR-4000, and be placed according to applicable sections of the Standard
Specifications for Public Works Construction, edition per Municipal Code Section
14.01.500. Upon completion of the AC pavement base course, a minimum two (2) inch
AC pavement overlay course shall be constructed above the base course per Sections
203-6, 302-5, 400-4, and all other applicable sections of the Standard Specifications for
Public Works Construction. AC pavement overlay shall be Type 111-C3-AR-4000 with
a minimum thickness of two (2) inches per course.
(2) Asphalt Rubberized Hot Mix(ARHM). The AC pavement base course for
paving with ARHM shall be per conventional AC pavement(Class B-AR-4000), and be
placed according to applicable sections of the Standard Specifications for Public Works
Construction, edition per Municipal Code Section 14.01.500. Upon completion of the AC
pavement base course, a minimum two(2) inch AC pavement overlay course shall be
constructed above the base course per Sections 203-11, 302-9, 400-4, and all other
applicable sections of the Standard Specifications for Public Works Construction. AC
pavement overlay course shall be asphalt rubber hot mix (ARHN-1-GG-C) with a
minimum thickness of two (2) inches per course.
The limits of asphalt repairs shall be the follow ing:
(A) Case A. Perpendicular Street Cut in Parking Lane (Nontravel Lane). If the
street cut is perpendicular to the street and is not in a travel lane, the repair shall be one
foot wider each side than the street cut subject to the approval of the City Engineer. The
AC pavement overlay portion of the repair shall be extended to the curb or gutter edge.
Also, if asphalt in the adjacent area of the repair shows stress or fails due to applicant's
«ork, the applicant shall repair those areas in conjunction with the work. If the distance
between perpendicular trenches is less than ten (10) feet from the inside edge of the
trenches, the overlay portion of the repair shall be extended to encompass the area
between trenches.
(B) Case B, Parallel Street Cut in Parking Lane (Nontravel Lane). If the street
cut is parallel to the street and is not in a travel lane, the repair shall be one foot wider
each side than the street cut subject to the approval of the City Engineer. The AC
pavement overlay portion of the repair shall be extended one foot from the street side of
the repair to the curb or gutter edge. Also, if asphalt in the adjacent area of the repair
shows stress or fails due to applicant's work, the applicant shall repair those areas in
conjunction with the work.
(C) Case C, Perpendicular Street Cut in Travel Lane. If the street cut is
perpendicular to the street and is in a travel lane, the repair shall be one foot wider each
side than the street cut subject to the approval of the City Engineer. The AC pavement
overlay portion of the repair shall be extended to the edge of the travel lane on both sides
subject to the approval of the City Engineer. If the edge of the street cut or travel lane is
within five(5) feet of the curb or gutter, then the AC pavement overlay portion of the
repair shall be extended to the gutter or curb edge. Also, if asphalt in the adjacent area of
the repair shows stress or fails due to applicant's work, the applicant shall repair those
areas in conjunction with the work. If the distance between perpendicular trenches is less
than ten (10) feet from the inside edge of the trenches, the overlay portion of the repair
shall be extended to encompass the area between trenches.
(D) Case D, Parallel Street Cut in Travel Lane. If the street cut is parallel to
the street and is in a travel lane, the repair shall be one foot wider each side than the street
cut subject to the approval of the City Engineer. The AC pavement overlay portion of the
repair shall be extended to the edge of the travel lane on both sides subject to the
approval of the City Engineer. If the edge of the travel lane or street cut is within five (5)
feet of the curb or gutter edge, then the AC pavement overlay portion of the repair shall
be extended to the gutter or curb edge. Also, if asphalt in the adjacent area of the repair
shows stress or fails due to applicant's work, the applicant shall repair those areas in
conjunction with the work.
If street cuts occur in concrete sidewalks, cross gutters, or other concrete
facilities, all repairs shall be per the Standard Specifications for Public Works
Construction and be to the nearest joint in all directions.
If street cuts occur in private streets, the applicant shall also secure approval from
the homeowners' association or other applicable party prior to commencement of the
work to allow pavement requirements to be incorporated.
The City Engineer may require an applicant to utilize tunneling techniques to
install below, grade infrastructure in cases where adverse impacts to the public are
determined to be significant. Adverse impacts can be impacts to the integrity of the street,
significant anticipated traffic congestion, impacts to other utilities, or impacts to existing
improvements.
(c) Moratorium on Newly Paved Streets. The City does not allow, street cuts
on streets that have been newly paved or resurfaced for a period of five (5)years unless
an emergency, to public health and safety exists. If a street with a moratorium is cut for
any reason, the required asphalt repairs will be per the City Engineer. In most cases, the
street will need to be entirely resurfaced with a minimum two (2) inch overlay from curb
to curb in the area of work. In streets where a moratorium exists, the City Engineer may
allow tunneling as an alternative to street cuts as long as there is enough space outside the
paved surface to accommodate the tunneling operation. Tunneling will not be allowed in
a street where a moratorium exists if the asphalt concrete pavement surface will be
impacted. All damage caused during the work shall be repaired in kind within five (5)
working days from the completion of the work.
(d) The Director shall schedule utility coordination meetings on a semiannual
basis with all utility companies serving Dana Point to coordinate capital improvement
projects. (Added by Ord. 98-04, 6/23/98; amended by Ord. 05-06, I0/12/05)
7145934554
�ti�:v•� 6. 2001 2: 25P,M F 0 U 1 t a I n Vailey — PUbI Works No. 1169 P. 1
CITY OF FOUNTAIN VALLEY
PUBLIC WORKS DEPARTMENT
10200 SLATER AVENUE
FOUNTAIN VALLEY, CA 92708
(714) 593-4433
Fax: (714) 593-4554
FACSIMILE
TO:
COMPANY:
9&
FAX:
TELE: c1( )
DATE:
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FROM:
TELE: (7 4
NUMBER OF PAGES ATTACHED:
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2.'07 2: 2 5FM F;,,nta ; n Va' lcy - Pjblic works - No. 1109 P. 1
ORDINANCE NO. t
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FOUNTAIN VALLEY ADOPTING REGULATIONS
FOR EXCAVATIONS IN THE PUBLIC RIGHT OF WAY
WHEREAS, the City Council of the City of Fountain Valle
moratorium on trench cuts in the right of way that was In force from May 18r 2001sto August 15,
WHEREAS, staff requested that the City Council allow staff time to analyze the cases that had
recently been decided which established the law with respect to a city-s right to regulate cable and
telecommunications companies and to enact regulations pertaining to excavations in the right of way;and
WHEREAS, staff has reviewed those decisions and has been meeting with various companies to
obtain input through the facilitating efforts of the PCTA; and
WHEREAS, staff is still receiving input from telecommunications and utility companies; and
WHEREAS, one utility company has an urgent need to make repairs to existing service lines and the
moratorium was preventing those repairs from occurring;and
WHEREAS, the City intends to implement street repair projects in which over$15 million dollars will
be spent in four years on road surface repairs; and
WHEREAS, there is a real need to have an urgency ordinance that will go into effect immediately
and provide some access to City streets but impose some protections so City streets will not be ruined by
trench cuts and other excavations;
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ordain as follows.
SECTirini ,
, i
That Section 11.08-035 of the Fountain Valley Municipal Code is hereby added to read:
"11.08.035 Trenching in the Right of Way. Notwithstanding any other provisions of this code, and
unless federal or state law preempts the City in enforcing this section, no trenching can occur in the
right of ways without compliance with this section. 'Trenching" shall be defined as any excavation in
excess of three feet in length that is in the public right of way. All such trenching must be done
subject to an encroachment permit. An encroachment permit shall be issued only if the following
criteria are met:
(a) The street has not been resurfaced within the last five years, or there is a compelling
reason why the excavation must be made;
(b) All repairs are performed in accordance with City' standards, which provide for resurfacing
across the full width of the street lanes affected by the excavation;
(c) All appropriate safety measures are taken, including but not limited to, those set forth in the
encroachment permit;
(d) Appropriate security is posted in a form approved by the City Attorney to ensure the
resurfacing for a one-year period, after which the security will be exonerated."
1314 i
" 1 v. 6. 2�;;;7 2:26PU F:,untain Vai ' ey - Public Works No. 1109 P.
ORDINANCE NO, 13.14
AN URGENCY ORDINANCE
FOR EXCAVATIONS IN THE
PUBLIC RIGHT OF WAY
Page 2
SE�'.I1f�L2:
This ordinance is necessary for the immediate preservation of the public peace, health and safety in
that If recurring excavation can take place in the right of way without coordination and safety
concems addressed, that traffic hazards will be created for motorists and pedestrians. Furthermore,
this ordinance relates to street improvement proceedings.
SECT'I�N �•
This ordinance is meant to supersede Ordinance 1311.
SECTION 4.,
This urgency ordinance is passed by at least a four-fifths vote of the City Council.
i
SECTICW 5•
If any section, subsection, sentence, clause or phrase of this ordinance is for an y anon re r
held to be
invalid or unconstitutional by a decision of any court of competent Jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. The City Council declares that It would
have passed this ordinance and each and every section, subsection, sentence, clause or phrase not
declared Invalid or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared Invalid or unconstitutional c
SECTION a•
The City Clerk shah certify to the adoption of this Ordinance and cause it to be published as required
bylaw.
PASSED and ADOPTED this _day of �2001.
ATTEST:
City Clerk '��
�yor
APPROVED AS TO FORM:
City Attomey
2
1314
%o y. 6. 2001 2: 26P,ti4 P:unta : .i Valley - Public works No. 1109 P. 4
M
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF FOUNTAIN VALLEY }
1, Jane Irvin, Deputy City Clerk of the City of Fountain Valley, do hereby certify that the
foregoing UrgencyOrdinance was adopted by the City Council at a regular meeting held on
the 7�" of August, 2001 by the following roll call vote, to wit:
AYES: Council Members: Carrozzo, Collins, Cook, Lew, Crandall
NAYES: Council Members: None
ASSENT: Council Members: None
De uty City Clerk
AFFIDAVIT '
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF FOUNTAIN VALLEY }
1, Jane Irvin, Deputy City Clerk of the City of Fountain Valley, California, do hereby
certify that on the 10TH day of August, 2001, 1 did cause to be posted the attached true and '
correct copy of Ordinance No. 1314 In the following three (3) public places in the City:
F.V. RECREATION CENTER F.V. LIBRARY
16400 BROOKHURST STREET 17635 LOS ALAMOS
FOUNTAIN VALLEY, CA FOUNTAIN VALLEY, CA
CITY HALL
CITY OF.FOUNTAIN VALLEY
FOUNTAIN VALLEY, CA
WITNESS my hand and seal this 10"' day of August, 2001.
1514
City of Irvine Municipal Code
Sec. 2-11-2 14. Excavations/installation ofAGF.
E. Limits on excavation in the public right-of-way.
1. Scope. It is unlawful for company to make, cause, or permit to be made, any
excavation in the PROW outside the boundaries, times, and description set forth in the
permit.
2. Rock wheel and trenchless technology. Use of a rock wheel or other trench less
technology to excavate in the PROW is unlawful without prior written approval of the
Director.
3. Single excavation maximum of 1,200 feet. No single excavation site shall be longer
than 1,200 feet in length at any time except with the prior written approval of the
Director.
4. Moratorium streets. The Department may not issue any permit to excavate in any
street that has been reconstructed or resurfaced by the Department or any other owner or
person in the preceding five-year period. However, the Director may, in his or her
discretion, grant a waiver of this subsection for good cause. Good cause shall include the
fact that the need to excavate arose in spite of company's full compliance with the
coordination of excavation provisions. The Director is authorized to grant a waiver for an
excavation that facilitates the deployment of new technology or new service as directed
pursuant to official City policy. The director shall issue his decision on a waiver within a
reasonable period after receipt of a written request for a waiver.
County of Sacramento Code
12.09.010 Title.
This ordinance shall be known as the "Street Trench Fee" ordinance. (SCC 1 145 § 2,
1999.)
12.09.020 Definitions.
For purposes of this Chapter, the following definitions apply:
"Applicant" shall mean any owner who has submitted an application for a permit to
excavate.
"Chapter" shall mean this Chapter 12.09 of Title 12 of the Sacramento County Code.
"County" shall mean the County of Sacramento.
"County street" shall mean any public highway, road, street, avenue, alley, lane, drive,
way, place, court or trail, which has been accepted, or is hereafter accepted, by the
County Board of Supervisors into the County road system pursuant to Section 941 of the
California Streets and Highways Code.
"Department" shall mean the Department of County Engineering of the Public Works
Agency.
"Director" shall mean the Director of County Engineering of the Public Works Agency or
his or her designee.
"Excavation" shall mean any opening in the paved surface or subsurface of the public
right-of-way.
"Facility" or "Facilities" shall mean any and all cables, cabinets, ducts, conduits,
converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes,
surface location markers,tunnels, utilities, vaults, wells, and other appurtenances or
tangible things that are located or are proposed to be located in the public right-of-way.
"Owner" shall mean any person, including any agency, department, or subdivision of the
County, who owns any facility or facilities that are or are proposed to be installed or
maintained in the public right-of-way.
"Permit"or"permit to excavate" shall mean a permit to perform an excavation as it has
been approved or may be amended or renewed by the Department.
"Person" shall mean any natural person, corporation,partnership, or any governmental
agency, department, or subdivision of the County, at the State of California, or United
States of America.
"Public right-of-way" shall mean the paved area across, along, beneath, in, on, over,
under, upon, and within the County streets, as they now exist or hereafter will exist and
which are or will be under the permitting jurisdiction of the Department of County
Engineering.
"Resurfacing" shall mean any repaving, overlay, seal or reconstruction which constructs a
new pavement surface of greater than one inch thickness over the entire width of the
street, excluding crack seals, not including micropaving, Class I to 3 slurry,seals, cape
seals, and chip seals.
"Trench Influence Area" shall mean an area three feet adjacent to the trench where the
excavation occurs for trenches with four feet or greater of cover over the utility, facility
from the paved surface, and one and one-half feet adjacent to the trench where the
excavation occurs for trenches with less than four feet of cover over the utility facility
from the paved surface. (SCC 1145 § 2, 1999.)
12.09.030 Trench Restoration Fee.
At the time any permit is issued, improvement plan approved, or work performed that
causes an excavation of a paved County street, the applicant shall pay a trench restoration
fee, in addition to the fee required by the encroachment permit or other administrative
fees. The fee shall be in the amount set forth on the Trench Cut Fee Schedules set forth
below, or such other amount as may be established by resolution of the Board of
Supervisors. A trench restoration fee shall not be required for the following excavations:
a. In a County street that the County has scheduled for resurfacing either during the fiscal
year(July 1--June 30) when the excavation permit is issued or during the immediately
following fiscal year;
b. In a County street where the pavement condition index (PCI), as defined by the
County's Pavement Management System, is less than 25 on the date the excavation
permit is issued;
c. For work performed by and for the County Transportation Division;
d. For potholing to verify utility depth or location;
e. Where work will include resurfacing of all or a significant portion of the County street
where the excavation is made provided that the Director approves the resurfacing;
f. Made for a utility relocation required by the County to accommodate a proper
governmental use of a County street;
g. For owners possessing a valid pavement life performance warranty agreement with the
County as set forth in Section 12.09.080;
h. Trenchless excavations greater than three feet in depth of cover over the utility facility
not requiring a significant surface incision greater than industry bore pit standards may be
excluded at the discretion of the Director.
TRENCH CUT FEE SCHEDULE
FOR TRENCHES LESS THAN 4 FEET DEEP
Major Streets' PCI between 100 and 70 $3.90 per S.F. longitudinal
or all streets $7.80 per S.F. transverse
within 5 years of
construction or
structural overlay
Major PCI between 69 and 26 $2.20 per S.F. longitudinal
$4.40 per S.F. transverse
Major PCI between 25 and 0 NO FEE
Other PCI between 100 and 70 $2.41 per S.F. longitudinal
$4.82 per S.F. transverse
Other PCI between 69 and 26 $1.18 per S.F. longitudinal
$2.36 per S.F. transverse
Other PCI between 25 and 0 NO FEE
'Major=thoroughfare and arterial roads as defined by the County Improvement Standards
2 PCI = Pavement Condition Index
Fees do not apply to area outside of the vertical projection of the trench in a"T"cut restoration
Longitudinal = Trench mostly parallel to the centerline of the ramp
Transverse= Trench mostly perpendicular to the centerline of the road
TRENCH CUT FEE SCHEDULE
FOR TRENCHES 4 FEET DEEP OR GREATER
Major Streets' PCI between 100 and 70 $ 5.91 per S.F. longitudinal
and streets within $ 11.82 per S.F. transverse
5 years of
construction or
structural overlay
Major PCI between 69 and 26 $ 3.34 per S.F. longitudinal
$6.68 per S.F. transverse
Major PCI between 25 and 0 NO FEE
Other PCI between 100 and 70 $3.66 per S.F. longitudinal
$7.32 per S.F. transverse
Other PCI between 69 and 26 $1.80 per S.F. longitudinal
$3.60 per S.F. transverse
Other PCI between 25 and 0 NO FEE
' Major=thoroughfare and arterial roads as defined by the County Improvement Standards
2 PCI = Pavement Condition Index
Fees do not apply to area outside of the vertical projection of the trench in a"T'cut restoration
Longitudinal=Trench mostly parallel to the centerline of the ramp
Transverse= Trench mostly perpendicular to the centerline of the road
(SCC 1145 § 2, 1999.)
12.09.040 Establishment of Fund.
All monies paid to the County pursuant to Section 12.09.030 shall be deposited in a
special fund or funds and shall be expended only for the resurfacing, maintenance,
administration,and protection of County streets where excavation has occurred after the
effective date of adoption of this Ordinance. (SCC 1 145 § 2, 1999.)
12.09.050 Relocation of Utilities Required by County.
No fee or requirement authorized or imposed pursuant to this Chapter shall be construed
to affect or alter in any way any obligation of public and private utilities with facilities
installed in any County street to relocate the facilities at no cost to the County, in the
event that relocation is required by the County to accommodate a proper governmental
use of the County street. (SCC 1 145 § 2, 1999.)
12.09.060 Permit Violations.
No person who has violated any provision of this Chapter shall be issued an excavation
permit, nor shall any contractor or agent apply for or be issued an excavation permit on
such person's behalf, until the outstanding violation is corrected or a plan for correction
is approved by the Director. The foregoing requirement is in addition to any penalty or
remedy for violation that may be imposed or sought by the County at law or equity. (SCC
1 145 § 2, 1999.)
12.09.070 Pavement Condition Index Ratings.
The County shall perform periodic pavement condition surveys of all County streets and
determine the pavement condition index (PCI) rating for each street. A PCI rating shall
be assigned to discrete blocks of a street and the fees calculated for each block. The PCI
report shall be published on an annual basis and made available for public review at the
permit counter. (SCC 1145 § 2, 1999.)
12.09.080 Pavement Life Performance Warranty.
In lieu of paying a trench restoration fee pursuant to Section 12.09.030, an owner who
has a valid franchise agreement with the County or is statutorily exempt from franchise
requirements shall provide a written pavement life performance warranty in a form
acceptable to County. The warranty shall provide that in the event that subsurface
material or pavement over or within the trench influence area becomes depressed, broken,
or otherwise fails at any time after the excavation has been completed until such time as
the street surface is completely resurfaced with a structural overlay, the owner who
performed the trench cut shall repair or restore such condition pursuant to the procedure
set forth in Section 12.09.090. In the event that an owner who has a valid franchise
agreement with the County or is statutorily exempt from franchise requirement fails or
refuses to provide a written pavement life performance warranty, such owner shall pay
the trench restoration fee set forth in Section 12.09.030. (SCC 1145 § 2, 1999.)
12.09.090 Repair of Sunken Pavement Over Excavation.
If the subsurface material or pavement over or within the trench influence area becomes
depressed or broken at any time within one year after(1) the excavation has been
completed and accepted and before resurfacing of the County street, where the owner has
paid a trench restoration fee pursuant to Section 12.09.030, or(2)at any time prior to
such time as the street surface is completely resurfaced with a structural overlay, where
the owner has provided a pavement life performance warranty pursuant to Section
12.09.080, the owner shall, upon written notice from the Director, immediately inspect
the depressed or broken area to ascertain the cause of the failure. The owner shall make
repairs to the installation or backfill and have the pavement restored in the manner and
w ithin the time period specified by the Director. Additional inspection permit fees may
be imposed as appropriate. A trench restoration fee shall not be charged for work
performed under this Section. If the pavement is not restored as specified by the Director,
unless delayed by conditions beyond the owner's control, the Director may cause the
work to be done after giving the owner twenty-four(24) hours final notice. The cost
thereof, including any, inspection costs and administrative overhead incurred by the
County, shall be assessed against the owner. The owner shalt remain responsible for any
future repairs of that portion of pavement over the excavation that was repaired by the
County for a period of one year, where the owner has paid a trench restoration fee
pursuant to Section 12.09.030, or at any time prior to such time as the street surface is
completely resurfaced with a structural overlay, where the owner has provided a
pavement life performance warranty pursuant to Section 12.09.080. (SCC 1 145 § 2,
1999.)
12,09.100 Publicly Bid County Plans, Field Changes and Blanket Permits.
Publicly bid County plans, field changes that alter the square footage of the trench
surface area and blanket permits issued by the Director to any owner to make excavations
for utility service connections, for the location of trouble in utility conduits or pipes and
for making repairs thereto, or for emergency purposes shall be subject to all fees and
requirements of this Chapter. The owner shall report the amount of excavation to the
permit counter and pay the required fees. Failure to report the excavation and pay the
required fees shall be considered a permit violation pursuant to Section 12.09.060. (SCC
1145 § 2, 1999.)
12.09.110 Coordination of Excavations.
Any owner installing facilities providing water, sewer, stormwater drainage, gas, electric,
communication, video or other utility services in County streets shall participate in the
American Public Works Association ("APWA") Utility Committee and prepare a utility
master plan, in a format specified by the APWA Utility Committee, that shows all of the
owner's planned major utility work in County streets for the coming year. Prior to
applying for an excavation permit, any owner planning to excavate in County streets shall
coordinate, to the extent practicable, with other owners to minimize damage to, and avoid
undue disruption and interference with, the public use of County streets. (SCC 1145 § 2,
1999.)
12.09.120 Moratorium.
Excavation in newly renovated County streets is prohibited for three (3)years after filing
of a notice of completion or acceptance of a new street or structural overlay of an entire
street except as follows:
a. Emergency which endangers life or property.
b. Repair or modification to prevent interruption of essential utility service.
c. Relocation work that is mandated by County, State or Federal legislation.
d. Service for buildings where no other reasonable means of providing service exists, as
determined by the Director.
e. In a County street that the County has scheduled for resurfacing either during the fiscal
year(July 1--June 30) when the exca%ation permit is issued or during the immediately
following fiscal year and the work takes place prior to the resurfacing.
f. For potholing to verify, utility depth or location.
g. Trenchless excavations greater than three feet in depth of cover over the utility facility
not requiring a significant surface incision greater than industry bore pit standards may be
allowed at the discretion of the Director.
h. Other situations deemed by the Director to be in the best interest of the general public.
(SCC 1145 § 2, 1999.)
12.09.130 Excavation Within 'Moratorium Period.
Where a permit is issued to excavate during the five (5) year period after filing of a notice
of completion or acceptance of a new street or structural overlay of an entire street,
payment of the trench restoration fee described in Section 12.090.030 will be required
regardless of whether the owner has executed a pavement life performance warranty.
(SCC 1145 § 2, 1999.)
12.09.140 Joint Excavation.
Whenever applicants propose major work in the same block, the Department shall
condition permits for such work in a manner that maximizes coordination and minimizes
the total period of construction. Such work may be conditioned to require the applicants
to participate in a single excavation and pay their pro rata share of the work. Applicants
may seek a waiver of the joint excavation requirements with respect to a particular
excavation. Within thirty (30)calendar days of receipt of a written request for a waiver,
the Director shall render a decision upon such a request, taking into account the impact of
the proposed excavation on the neighborhood, the applicant's need to provide services to
a property or area, facilitating the deployment of new technology as directed pursuant to
official County policy, and the public health, safety, welfare, and convenience. (SCC
1145 § 2, 1999.)
12.09.150 Non-Transferability of Pavement Life Warranty.
Pavement life warranty agreements are not transferable or assignable. (SCC 1 145 § 2,
1999.)
12.09.160 Appeal.
A person directly and adversely affected by a decision made by the Director pursuant to
the provisions of this Chapter may appeal the Director's decision by filing a written
notice of appeal with the Public Works Agency Administrator no later than ten (10)
working days after receiving notice of the Director's decision. The notice of appeal shall
set forth the name, mailing address, and telephone number of the person appealing. The
notice of appeal shall include or attach a statement describing the action being appealed,
setting forth the grounds for the appeal, and describing the action requested of the
Agency Administrator. The scope of the appeal shall be limited to the grounds specified
in the notice of appeal. No later than thirty (30) days after the filing of a timely notice of
appeal, the Agency Administrator shall render a decision on the appeal. The Agency
;Administrator's decision may affirm, reverse or modify the decision appealed. A copy of
the Agency Administrator's decision shall be provided to the person appealing at the
address shown on the notice of appeal. Said person may appeal the Agency
Administrator' s decision to the County Board of Supervisors by filing a written notice of
appeal no later than ten (10)working days after the Agency Administrator's decision is
received by the person. (SCC 1 145 § 2, 1999.)
Santa Ana Municipal Code
Excerpts from the Municipal Code related to moratoriums.
Sec.33-54. Preservation of newly constructed and reconstructed arterial streets.
In order to preserve the ride quality,structural integrity and appearance of newly constructed or
reconstructed arterial streets,the following conditions are hereby imposed:
(a)Cutting or opening arterial streets.
(1)Newly constructed or resurfaced arterial streets shall not be cut or opened for a period of five(5)
years following construction or resurfacing,except in the case of emergency or imminent peril to life, limb
or property,as determined by the city engineer.
(2)Upon a showing of good cause,the city engineer may permit newly constructed or resurfaced arterial
streets to be cut or opened prior to expiration of the five-year period following construction or resurfacing.
Any such exception shall require specific written approval by the city engineer.
(b)Connection of service lateral. For new utilities'service laterals,a maximum street opening of four(4)
feet by four(4)feet may be made directly over the utility for purposes of connecting the service lateral.
Notwithstanding the foregoing,the lateral itself shall be bored or jacked from the property line of the
property being serviced.
(c)Compliance with construction requirements.All street openings,trenching,backfilling and resurfacing
shall at all times comply with the City of Santa Ana Standard Plans,as specifically approved in writing by
the city engineer.
(d)Requirement of permit.All street openings shall be subject to the then-current street work permit
requirements and fees.
(e)Appeal.An applicant shall have the right to appeal any decision of the director of public works under
this section 33-54 pursuant to the provisions of Chapter 3 of the Santa Ana Municipal Code.
(Ord.No.NS-2054,§ 1,4-16-90;Ord.No.NS-2447,§7, 10-2-00)
Sec.33-59.Purpose of trench cut fee.
Excavations in paved streets owned and maintained by the city degrade and shorten the life of the surface
of the streets,and this degradation increases the frequency and cost to the public of necessary resurfacing,
maintenance and repair. It is appropriate that entities responsible for excavating into the city's right of way
bear this burden rather than the taxpayers of the city. In addition,establishment of a trench cut fee will
create an incentive for coordination of efforts in excavating the streets tolay utilities.
(Ord.No.NS-2480,§3, 10-15-01)
Editor's note: Ord.No.NS-2480,§§2,3,adopted October 15,2001,repealed and reenacted § 33-59 to
read as herein set out.Formerly, §33-59 pertained to permits and derived from Code 1952,§ 7301.
Sec. 33-59.1.Establishment of trench cut fee.
No person shall excavate in the public right of way without,in addition to all other requirements of this
Code,having first paid to the city a"trench cut fee."The amount of this trench cut fee shall be set from
time to time by resolution,and shall not exceed the reasonable cost necessary to mitigate the degradation to
the public streets caused by such excavation.
(Ord.No.NS-2480, § 3, 10-15-01)
Sec.33-59.2. Variance from payment of trench cut fee.
Any person subject to the trench cut fee may request that the director waive the requirement of payment of
the trench cut fee due to individual circumstances that demonstrate,on a case-by-case basis,that the
amount of the fee is not reasonably related to the projected impact of the proposed excavation.
(Ord. No.NS-2480, §3, 10-15-01)
Sec. 33-59.3. Exceptions.
(a) Excavations in streets scheduled for pavement structural improvements in the city's capital
improvement construction schedule yr ithin one(I)year of the date of excavation shall be exempt from the
trench cut fee. The public works agency shall endeavor to notify public utilities of streets so scheduled.
(b) No trench cut fee shall be charged for underground utility district projects, utility line relocations
necessitated by city street work projects or by street vacations or abandonments.
(c) No trench cut fee shall be charged with respect to excavation in a sidewalk or a concrete street.
(Ord. No.NS-2480, § 3, 10-15-01)
Sec.33-59.4.Utility master plans.
Any utility owning,operating or installing in city streets,alleys,sidewalks,or any other public places
facilities providing water,sewer,gas,electric,communication,video or other utility services,shall prepare
and submit to the director a utility master plan, in a format specified by the director,that shows the location
of the utility's existing facilities in city streets,alleys,sidewalks,and other public places,and shows all of
the utility's planned major utility work in city streets,alleys,sidewalks and other public places for the next
five(5)years. Utilities shall submit an initial utility master plan no later than one hundred eighty(180)days
after the effective date of the ordinance adopting this section.Thereafter,each utility shall submit annually,
on the first regular business day of July,a revised and updated utility master plan.As used in this
subsection,the term "planned major utility works"refers to any and all future excavations planned by the
utility when the utility master plan or update is submitted that will affect any city street,alley,sidewalk,or
other public place for more than fifteen(15)days,provided that the utility shall not be required to show
future excavations planned to occur more than five(5)years after the date that the utility master plan or
update is submitted. Any and all utility master plans submitted pursuant to this section shall be confidential
to the fullest extent provided by law and used solely for purposes of coordination.
(Ord.No.NS-2480,§3, 10-15-01)
Sec.33-59.5 Coordination with city.
(a) Prior to applying for an excavation permit in the city's streets,alleys,sidewalks or other public places
the city shall review on behalf of the applicant the utility master plans and the city's five(5)year repaving
plan on file with the director. The applicant shall coordinate,to the extent practicable,with the utility and
street work shown on such plans to minimize damage to,and avoid undue disruption and interference with
the public use of such streets,alleys,sidewalks or other public places. Such coordination shall include:
(1) Whenever two(2)or more parties(i.e.,the city or any utility)have proposed a major excavation in the
same block during a five(5)year period,they shall meet and confer with the city regarding whether it is
feasible to conduct a joint operation. If the director determines that it is feasible to conduct a joint
operation,a single contractor shall be selected and a single application fee charged.
(2) Any utility aggrieved by the director's decision to require a joint operation may,within thirty(30)days
of the director's written notice,file an appeal pursuant to Chapter 3 of this Code. In determining such
appeal,the hearing officer or council shall consider the impact of the proposed excavation on the
neighborhood,the applicant's need to provide services to a property or area, facilitating the deployment of
new technology as directed pursuant to official city policy,and the public health,safety,welfare,and
convenience.
(b) To avoid future excavations and to reduce the number of street excavations,telecommunication
companies shall be requested,when practical,to install spare conduits.
(Ord.No.NS-2480, §3, 10-15-01)
Cross references: For permit fee see§33-31(e).
12.09.170 Severability.
Should any part of this ordinance be declared invalid by a court of competent jurisdiction,
the remaining provisions of this ordinance shall remain in full force and effect. (SCC
1 145 § 2, 1999.)
Attachment"2"
CITY OF SAN BERNARDINO
Development Services Department
Interoffice Memorandum
TO: Legislative Review Committee
FROM: Valerie C. Ross, Director
SUBJECT: Proposed Moratorium on Cutting into Newly Paved or Slurry Sealed Streets
DATE: June 12, 2008
COPIES: Fred Wilson, City Manager; Robert Eisenbeisz, City Engineer
On February 15, 2008, staff presented information to the Committee with preliminary
recommendations on a proposed moratorium on street cuts on newly paved or slurry sealed
streets. Staff requested that the item be continued so that certain steps could be completed. Those
steps and the status are as follows:
• Review our franchise agreements with the utility companies. Language may be present
either precluding or limiting a moratorium on franchised utilities.
Status: Staff has reviewed the franchise agreements and not found any language that
precludes or limits the ability of the City to adopt the proposed ordinance.
• In order to retain good relations with the utility companies it would be in our interests to
meet with them first to discuss our intentions.
Status: Staff met with key representatives from the utility companies on May 8, 2008 to
discuss the provisions staff was considering. The draft ordinance was distributed to them on
June 11, 2008. At this time, staff and the utility companies are not in agreement on the 5-year
provision for newly paved streets. Other, relatively non-substantive issues are still being
discussed.
• Determine who can grant a waiver, under what criteria and whether any special conditions
should apply to how the pavement is restored after the utility cut.
Status: The Director of Development Services can grant a waiver as outlined in the draft
ordinance. The draft ordinance also addresses the criteria and special conditions.
• Develop a plan for how utility companies and others are informed of our moratorium streets.
Status: This is addressed with the following item.
Memo to LRC
June 12,2008
RE:Proposed Moratorium on Cutting into Newly Paved or Slurry Sealed Streets
Page 2 of 2
• Consider how the age of newly paved or slurry sealed streets will be documented, e.g. City's
GIS or Pavement Management System, so that the moratorium can be readily enforced.
Public Services is using IWERCS, a program that tracks various public improvement projects
from pothole filling to sewer maintenance to pavement rehabilitation. This program has a
module called "virtual maps"that allows the information to be presented in graphic format.
The details have not been finalized yet.
• Request the City Attorney's office to perform a preliminary legal review of a moratorium.
Status: The draft ordinance was provided to Henry Empeno on June 11, 2008.
STublic Works\Kerry Morford's Folder\Memos\LRC Utility Cut Moratorium.doc
Attachment "3"
CITY OF SAN BERNARDINO
Development Services Department
Interoffice Memorandum
TO: Legislative Review Committee
FROM: Valerie C. Ross, Director
SUBJECT: Proposed Moratorium on Cutting into Newly Paved or Slurry Sealed Streets
DATE: July 18, 2008
COPIES: Fred Wilson, City Manager; Robert Eisenbeisz, City Engineer
At the June 17, 2008 Legislative Review Committee meeting, staff provided an update on items
related to establishment of a moratorium on street cuts on newly paved or slurry sealed streets
and a draft ordinance. At that meeting, representatives from The Gas Company and Southern
California Edison requested additional time to meet with staff to go over the draft ordinance. The
LRC continued the item for 30 days.
Development Services and City Attorney's Office staff met with The Gas Company and
Southern California Edison representatives on two different occasions to finalize the draft
ordinance. The agreed upon revisions to the draft ordinance are shown in strikeout/underline.
Staff recommends that the Legislative Review Committee refer the draft ordinance to the Mayor
and Common Council with a recommendation for adoption.
Attachment: Revised Draft Ordinance
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
3 BERNARDINO MUNICIPAL CODE CHAPTER 12.03 (RIGHT-OF-WAY PERMITS,
EXCAVATIONS AND TEMPORARY ENCROACHMENTS), SECTION 12.030.020
4 (DEFINITIONS) AND ADDING SECTION 12.03.055 TO ESTABLISH A TRENCH CUT
MORATORIUM ON NEWLY PAVED PUBLIC ROADWAYS.
5
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
7
SECTION 1. Section 12.03.020, Definitions, is amended to add the following:
8
9 T. "Trench Influence Area" means an area three and one-half feet adjacent to the edge
10 of any trench where excavation occurs in the public right-of-way.
11 U. "Person" shall mean any person as defined in San Bernardino Municipal Code
12 Section 1.04.010, and including any governmental agency or subdivision of any
13 city or county or the State of California.
14 SECTION 2. Chapter 12
p .03, Right-of--Way Permits, Excavations and Temporary
15
16 Encroachments, is amended to add the following:
17 Section 12.03.055 Moratorium.
18 A. It shall be unlawful for any Person to excavate, cut, or open the pavement surface
19 of any street within 5 years after acceptance of the street construction work by the
20 City Engineer, with the exception of seal coated or microsurfaced streets, which
21 shall be for a period of 3 years after acceptance of the work by the City Engineer.
22
23 This moratorium on street excavations shall not apply if the Director of
24 Development Services grants a street excavation permit for any of the following
25 reasons:
26 (1) Excavation work that is mandated by City, County, State or Federal
fo27 legislation or that is required as a condition of approval
q to aCity-issued
28 development permit; :�
1
2 (2) Utility service for development where no other reasonable means of
3 providing service exists, as determined by the Director of Development
4
Services;
5
6 (3) For a Prospect Hole, as defined in this Chapter, to verify utility depth or
7 location;
8 (4) Excavations which are essential components of a regional project which
9 will provide a substantial public benefit;
10 (5) Written requests for State/Federal mandated pipeline integrity inspections;
11
or
12
(6) Other situations where the Director of Development Services finds that the
13
14 excavation is necessary for the public health, safety, or welfare.
15 B. In the event of an emergency which endangers life or property, or for an
16 emergency repair or modification which is necessary to prevent interruption of
17 life essential utility services, excavation work may occur without first obtaining a
18
permit; however, written application for a permit shall be provided the following
19
20 business day.
21 C. If a permit is granted by the Director of Development Services or emergency
22 excavation work as hereinabove described is performed, the following conditions
23 shall apply:
24 (1) All restoration and repair work shall be performed in accordance with the
25 most current trench, backfill and pavement replacement detail standards in
26
effect and as approved by the City Engineer.
27
28
1 (2) Provide a written pavement life performance warranty in a form
2 acceptable to the City, unless one is already provided through a franchise
3
agreement with the City. The warranty shall provide that in the event that
4
5 subsurface material or pavement over or within the Trench Influence Area
6 becomes depressed, broken, or otherwise fails at any time after the
7 excavation (or joint operation excavation) has been completed, that Person
8 shall repair or reconstruct the subsurface and pavement to a condition to
9 the satisfaction of the City Engineer; and
10 (3) The Person requesting the excavation permit or responsible for
11
emergency excavation work shall submit an application for an excavation
12
13 permit, pay all required fees and comply with the provisions of Chapter
14 12.03.
15 D. The moratorium on excavations shall not apply in any area where the street
16 pavement construction was completed 5 years prior to the effective date of this
17 ordinance.
18
SECTION 3. Severability. In the event that any provision of this Ordinance, or any
19
20 part thereof, or any application thereof to any person or circumstance, is for any reason held to
21 be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on
22 its face or as applied, such holding shall not affect the validity or effectiveness of any of the
23 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
24 person or circumstance or of said provision as applied to any other person or circumstance. It is
25 hereby declared to be the legislative intent of the City that this Ordinance would have been
26
27 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
28
3
I
t
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
2 BERNARDINO MUNICIPAL CODE CHAPTER 12.03 (RIGHT-OF-WAY PERMITS,
EXCAVATIONS AND TEMPORARY ENCROACHMENTS), SECTION 12.030.020
3 (DEFINITIONS) AND ADDING SECTION 12.03.055 TO ESTABLISH A TRENCH CUT
MORATORIUM ON NEWLY PAVED PUBLIC ROADWAYS.
4
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of , 2008, by the following vote to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11
BRINKER
12
13 DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19 City Clerk
20 The foregoing ordinance is hereby approved this day of
21 2008.
22
23 PATRICK J. MORRIS, Mayor
24 City of San Bernardino
Approved as to form:
25 JAMES F. PENMAN
26 City Attorney
27
28 By:
4