HomeMy WebLinkAboutItem 1e: Introduce Ordinance 2277 Amending Arcadia Municipal Code Pertaining to Street ExcavationsDATE: October 5, 2010
TO: Mayor and City Council
SUMMARY
BACKGROUND
STAFF REPORT
Development Services Department
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director5LY
Philip A. Wray, Deputy Director of Development Services j)
SUBJECT: ORDINANCE NO. 2277 AMENDING THE ARCADIA MUNICIPAL CODE
BY ADDING SECTION 7308 TO CHAPTER 3 OF ARTICLE VII
PERTAINING TO STREET EXCAVATIONS
The City invests over $700,000 annually in the re- paving of its arterial roadways. Over
the past ten years, the City has paved approximately 11 miles of roadway at a cost of
approximately $10 million. In the current year alone the City has completed
approximately $1.5 million in projects and has an additional five million dollars
committed to projects either in construction or budgeted for this and next year.
In order to protect the newly paved streets from damage caused by various
excavations, staff proposes a street excavation moratorium. The moratorium calls for
no excavations in all newly paved streets for a period of five years from the date of new
paving. The moratorium does not apply to slurry seal projects and allows exceptions for
various conditions that are unforeseen.
Staff has met on several occasions with the various utility companies responsible for
most excavations and has circulated the document for their review. The utility
companies commented on the draft ordinance and their comments have been
incorporated.
Staff recommends the adoption of Ordinance 2277, adding a section to the Arcadia
Municipal Code pertaining to a Street Excavations Moratorium.
For many years, the City has administered an annual program of arterial street re-
paving. A variety of funding sources have been used to fund the re- paving including
Staff Report — Ordinance No. 2277
October 5, 2010
Page Two
Los Angeles County Proposition C, Federal Surface Transportation Program — Local
(STPL), Capital Outlay, Redevelopment, State Proposition 1B and the Federal
American Recovery and Reinvestment Act (ARRA). Over the past ten years, the City
has paved approximately 11 miles of arterial streets at a cost of approximately $10
million.
With the recent availability of ARRA and Proposition 1B funding, the City has just
completed approximately $1.5 million in projects in the last nine months and has an
additional five million dollars committed to projects either currently in construction or
budgeted for this and next year. Because of the City's commitment to street paving,
staff is proposing an ordinance to protect the City's investment.
Occasionally, the City receives requests for permits to excavate newly paved streets.
Excavations are especially damaging for newly paved streets because they accelerate
the deterioration process by creating seams for water to intrude and deteriorate the sub -
grade, causing uneven wear and settlement, creating uneven driving surfaces and
leaving surface "scars ". Staff has been tracking street paving activity over the last 10
years and has recently alerted the utility companies of the City's need to restrict street
excavation on newly paved streets.
In 2008, the San Gabriel Valley Council of Governments (COG) adopted a model
ordinance regarding street excavations and repair. The ordinance entitled "Excavation,
Filling and Obstruction of Highways" was prepared by the city attorneys of several San
Gabriel Valley cities in response to claims of problems working with utility companies on
permit and repair requirements. The San Gabriel Valley City Engineers and Public
Works Directors Technical Advisory Committee reviewed the document and the
Governing Board adopted it. The model ordinance is intended to be used by cities
either in its entirety or in parts. The ordinance devotes a section to street excavation
moratoriums which is used as a basis for the City's proposed ordinance.
DISCUSSION
Staff proposes an ordinance to designate a moratorium on excavations in newly paved
streets for a period of five years. The ordinance allows exemptions to the moratorium
for conditions such as emergency work, essential utility work, state or federal mandated
work and new developments that have no other alternatives.
All utility companies doing business in Arcadia were notified on several occasions of the
City's intentions. The discussions began in early 2009 at the City's quarterly Utility
Coordination Meetings and draft ordinances were sent to the distribution list on two
occasions. Comments were received from Southern California Edison Company and
The Gas Company and their comments were incorporated into the document.
STREET
BOUNDARIES
COUNCIL
ACCEPTED
MORATORIUM
EXPIRES
W/B Huntington Drive
Colorado PI to Holly Ave
10/4/2005
10/3/2010
Colorado Place
Colorado Blvd to
Huntington Dr
10/4/2005
10/3/2010
Santa Anita Avenue
Huntington Dr to Duarte
Rd
2/7/2006
2/6/2011
Sunset Blvd.
Entire Segment
2/7/2006
2/6/2011
E/B Huntington Drive
West City Limits to Holly
Ave
9/19/2006
9/18/2011
Sunset Blvd. &
Huntington Drive
Intersection
12/4/2007
12/2/2012
Duarte Road
El Monte Ave to West
City Limit
2/5/2008
2/3/2013
Alice & Genoa Streets
Santa Anita Ave to First
Ave
5/6/2008
5/5/2013
W/B Huntington Drive
Baldwin Ave to West
City Limit
8/5/2008
8/4/2013
Santa Anita Avenue
Duarte Rd to Camino
Real Ave
11/8/2008
11/7/2013
Santa Anita Avenue
Longden Ave to Live
Oak Ave
1/5/2010
1/4/2015
Santa Anita Avenue
Foothill Blvd. to Grand
View Ave
3/4/2010
5/4/2015
ARTERIAL STREET REHABILITATION HISTORY
UPDATED 9/27/2010
Staff Report — Ordinance No. 2277
October 5, 2010
Page Two
Staff proposes to work closely with the utility companies to emphasize communication,
coordination and strategies in order to be proactive at avoiding street cut activities in
moratorium streets. Staff will utilize the Arcadia Utility Coordination Meetings to
continually make utility companies aware of the moratorium streets and new paving
projects that will become part of the moratorium. The goal is, with early and frequent
project notifications, to avoid any unnecessary street cuts on moratorium streets.
FISCAL IMPACT
There is no fiscal impact incurred by the City.
RECOMMENDATION
That the City Council adopt Ordinance No 2277 amending the Arcadia Municipal
Code by adding Section 7308 to Chapter 3 of Article VII pertaining to street
excavations.
Approved by:
J K: PAW: pa
Donald Penman, City Manager
Attachments: Arterial Street Rehabilitation History
Ordinance No. 2277
service;
legislation;
ORDINANCE NO. 2277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE BY ADDING SECTION 7308 TO
CHAPTER 3 OF ARTICLE VII PERTAINING TO STREET
EXCAVATIONS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 7308 is hereby added to Article VII, Chapter 3 of the
Arcadia Municipal Code to read as follows:
"7308. MORATORIUM FOR NEWLY RENOVATED STREETS.
(a) No permit shall be issued for excavation in newly paved or repaved
streets for five (5) years after completion of street paving, as shown by the filing of a
Notice of Completion. Applicants shall determine alternate methods of making
necessary installations or repairs to avoid excavating in newly paved streets.
(b) Exceptions to the prohibition set forth in subsection (a) are as follows:
(1) Emergency that endangers life or property;
(2) Repair or modification to prevent interruption of essential utility
(3) Relocation work that is mandated by City, State or Federal
(4) Service for buildings where no other reasonable means of providing
service exists, as determined by the City Engineer or his /her designee;
(5) For potholing to verify utility depth or location;
(6) Trenchless excavations not requiring more than two significant
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surface incisions greater than industry bore pit standards; or
(7) Other situations deemed by the City Council to be in the best
interest of the general public.
(c) For any excavation permitted pursuant to subsection (b), all excavation
repairs shall be undertaken and completed in accordance with City of Arcadia trench
repair standards."
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of the same to be published in the official newspaper of the City of
Arcadia within fifteen (15) days after its adoption.
Passed, approved and adopted this day of , 2010.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia