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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 1 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 2 Mayor of the City of Arcadia