HomeMy WebLinkAboutCC Ord 1521 2005-02-14
ORDINANCE NUMBER / ~,).J
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLES 6 AND 9 OF THE SEAL
BEACH MUNICIPAL CODE
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Sub-paragraph (3) of ?aragrap~ (B) of Section 6.10.005 of Chapter
6.10 of Title 6 of the Seal Beach Municipal' Code is hereby amended to read as
follows:
"3. To obtain fair and reasonable compensation for the city and its
residents in exchange for the private use of the public rights-of-way and
public property by entities that are not exempt from paying compensation for
such use."
Section 2. Section 6.10.070 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code is hereby amended to read as follows:
"g 6.10.070 Use of Public Rights-of-Way.
A. The city council finds and determines that numerous and
repetitive excavations in the public rights-of-way diminish the useful life of
the surface pavement and generally cause adverse negative impacts for
residents, local businesses, and vehicular and pedestrian traffic. The city
council further finds and detennines that the utility substructure in the public
rights-of-V\'ay is subject to potential adverse negative impacts as a
consequence of new economic and regulatory policies that foster increased
competition between various utility service providers, including telephone
corporations, and between other service providers, such as cable system
operators. In order to mitigate these potential adverse negative impacts, the
following policies are adopted:
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1. The city manager is directed to develop and to
implement public rights-of-way policies and procedures that incorporate, to
the extent reasonably feasible and consistent with applicable laws and
regulations, the following requirements that are intended to encourage the
shared use by utility and other service providers of existing facilities in the
public rights-of-way. In no event shall these policies and procedures allow
exclusion from public rights-of-way or delay the issuance of any permits
because a utility or other service provider rejects shared use.
"
. a. A requirement that utility and other service
providers requesting permits submit a written statement that describes in
reasonable detail the efforts made to obtain from other utility service
providers the right to use excess capacity within existing facilities, and to
thereby avoid the construction of new, facilities.
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b. A requirement that utility imd other service
providers occupying the public rights-of-way submit to the city a map, which
shall be in a format specified by the public works department, that shows the
location of their respective facilities in the public rights-of-way. An updated
facilities map shall be provided when there, ar~ changes to the location of the
facilities in the public right~-of-way ahd when requested by the city. Pursuant
to the California Public Records Act, a facilities map submitted by a utility or
O~dinance Number 15~1
other service provider is not a public record and shall not be disclosed by the
city to the public,
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.c, Such additional requirements as wi\1 encourage
utility and other service providers to share cxcess capacity within previously-
constructed facilities and to coordinate the construction of new facilities so as
to minimize the number of excavations in the public rights-of-way.
2, The city manager is "directed to ensure that all utility
and other service providers, inclucing telephone coq,orations and cable
system operators, comply with all local design, construction, maintenance and
safety standards that are consistent wi'th state and federal laws and regulations
and that are contained within, or are related to, any permit that authorizes the
construction of facilities within the pUblic rights-of-way, including applicable
insurance provisions.
, B. The city council finds and determines that the installation in the
public rights-of-way of numerous above-ground facilities by utility service
providers, including telephone corporations, and other service providers may
create safety hazards and adverse visual impacts, Consequcntly, the public
works department is authorized to impose reasonable conditions in order to
mitigate those ,potential adverse impacts that may result, whether on an
individual or a cumulative basis, from permitted above-ground facilities.
Those conditions may include or relatc to, without limitation, the following:
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1. Prior to issuance of the requisite penllits, all above-
ground facilities proposed to be installed by a utility or othcr service providcr
in the public rights-of-way must be clearly dclineated on the plans when they
are submitted for the city's review,
2. The design and installation by qualified professionals of
landscaping and barriers to minimize public view of above-ground facilities
whose location has been approved by the city.
3. The maintenance of all above-ground facilities in good
condition, including compliancc with the city's ordinances regarding graffiti
removal. In this regard, a utility or other service provider may be required to
affix to its above-ground facilities a coded label or marker that identifies the
specific facility and sets forth a telephone number that may be called to report
any damage, destruction, or graffiti vandalism involving that facility. This
provision shall not apply to poles and vertical attachments to poles.
4, The placement of above-ground facilities, such as
overhead drops, as close as possible to otller utility drops, consistent with
applicable electrical codes.
5. Reasonable limitations upon the number of above-
ground facilities that may be installed within a designated geographical area.
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6, Reasonable limitations upon tile dimensions or volume,
or both, of above-ground facilities.
7. The specification of colors of above-ground facilities
reasonably requested by the city to ensure that these facilities blend with the
surrounding environment to the I~axiwum eJ!:tent ~ossible.
8, Such additional conditions regulating the time, place,
and manner of installations of above7ground facilities as will reasonably
mitigate potential safety hazards and adverse visual impacts attributable to
these facilitics.
Ordinance Number .J 6;f..1
C. The city reserves all rights that it now possesses or may later
acquire to adopt and implement city-wide requirements for the
wldergrounding of above-ground facilities, or any portion thereof, in a
competitively neutral and non-discriminatory manner. All utility and other
service providers will be required to comply with those requirements, and to
bear the expense of such compliance, as provided by federal and state law."
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Section 3. Paragraph (A) of Section 6.\0.075 of Chapter 6,\O.()f Title 6 of the
Seal Beach Municipal Code is hereby amended to read as follows:
"A. Unlcss precluded by law, any person who violates any provision of
this title is guilty of a misdemeanor."
Section 4. The first sentence of Section 9.15.015 of Chapter 9.15 of Title 9 of tile
Seal Beach Municipal Code is hereby amended to read as follows:
"No person shall do any of the following on city property without first
obtaining and maintaining in full force and effect an excavation permit:"
Section 5. Paragraph (A) of Section 9.15.025 of Chapter 9.15 of Title 9 of the
Seal Beach Municipal Code is hereby amended to read as follows:
"A. The director shall, within 60 city business days of the filing of a
complete application, approve or conditionally approvc the excavation permit
if there are no grounds for denial; otherwise the permit silall be denied.
Notice of the approval or denial of the permit shall be given to the applicant in
writing. If the application is denied, the director shall attach to the notice a
statement of the reasons for the denial. TIle times set forth in this section shall
not be extended except upon written c!ll1sent.ofthe applicant."
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Section 6. Paragraph (C) of Section 9,15.025 of Chapter 9.15 of Title 9 of the
Seal Beach Municipal Code is hereby amended to read as follows:
"C. An excavation permit shall not be effective until the permittee has paid
a deposit to cover inspection costs, and has submitted proof of public liability
insurance and a surety bond or deposit. The inspection deposit amount shall
be as sct by city cowlcil resolution; the amount of the insurance and surety
bond or deposit shall be as set by the director, A surety bond shall be
submitted if the director authorizes the pelmittee to resurface or repaiT the
surface of the city property to be affected by the excavation; otherwise a
deposit shall be submitted to cover the city's expense of performing the
work."
Section 7. Paragraph (H) of Section 9,15.030 of Chapter 9.15 of Title 9 of the
Seal Beach Municipal Codc is hereby amended to read as follows:
"H. Appropriate mcasures shall be taken to minimize noise, dust and
debris to the maximum extent practical.~'
Section 8. ,Paragraph (N) of Section 9,15.030 of Chapter 9.15 of Title 9 of the
Seal Beach Municipal Code is hereby amended to read as follows:
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"N. Streets shall be thoroughly cleaned of soil and debris on a daily basis
in accordance with the City's NPDES pennit, the permittee's storm water
pollution prevention plan and, if necessary, the director's instruction."
Section 9. Chapter 9.15 of Title 9 of the Seal Beach Municipal Code is hereby
amcnded by adding a ncw Section 9.15.045 to read as follows:
,~
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,Or,dinance Number lSJ...1
"* 9.15.045 Administration.
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This chapter shall be administered consistent with rights granted by
pre-existing franchises and by applicable federal and state law. Any
insurance, indemnification and bond requirement imposed by such franchise
or law to the exclusion of this chapter shall control in lieu ot ." . ,:...,lS of
this chapter."
Section 10. Sub-division (c) of sub-paragraph (2) of paragrapjt (B) of ~.:ction
9.20.030 of Chapter 9.20 of Title 9 of the Seal Beach Municipal Code is hereby
amended to read as follows:
"c. J.\.~ll\permit is necessary to ensure compliance with the
Objecti~S~~flhis:chap&6d~0 protect the quality of receiving waters.
p..... 7' .'~.- ~"::-:'.'\
fl'. - ~'r \~~ .
: (rile ~e);miu~c::, oiiiIt he case of a general pennit, each person who has
filed;~ app<<Ciiti?ffp'i1i'~~~l to t11is chapter, shall be infomled by the city of
any c~;e in;t1w.pe~\trms and conditions at least 45 business days prior
to the effectivc.date 6'f.lIiErmodified permit."
,...,._tl\.~'':~~
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Section 11. Paragraph (B) of Section 9.50.010 of Chapter 9,50 of Title 9 of the
Seal Beach Municipal Code is hereby amended to read as follows:
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"B. Prior to the public hearing, the director shall consult with affected
utilities and shall prepare a report for submission at the hearing. The report
shall contain estimates of the total cost, as well as estimates of the time
required to complete the underground installation and removal of overhead
facilities. "
Section 12. Paragraph (A) of Section 9.50.015 of Chapter 9,50 of Title 9 of the
Seal Beach Municipal Code is hereby amended to read as follqws: .
"A. The city council may by resolution designate an underground utility
district upon making a finding that the public health, safety or welfare requires
removal of poles, overhead wires and associated overhead structures within
the designated area and the underground installation of wires and facilities for
supplying clectric, communication or similar or associated service, The
resolution shall include a description of the area comprising such district and
shall fix the time within which removal and underground installation must be
accomplished and within which affected property owners must be ready to
receive underground service. A reasonable time shall be' allowed for such
removal, having due regard for the availability of necessary labor, materials
and equipment, for the installation of such underground facilities as may be
occasioned thereby and for the utility's schedule and available funds. The
decision of the city council shall be final and conclusive."
Section 13. Chapter 9.50 of Title 9 of the Seal Beach Municipal Code is hereby
amended by adding a new Section 9.50.040 to read as follows:
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"* 9.50.040 Administration.
This chapter shall be administered Gonsistent with rights granted by
pre-existing franchises and by applicable federal and state law."
Ordinance Number /6;1..1
PASSED, APPROVED AND ADOJ.,TED by the City Council ofthe City of Seal Beach
at a meeting thereof held on the ! 4 d~y o,f ~I J }YUuJ~ ' 2005.
M'(!~?
City of Seal Beach
I
:
ATTEST:
)/'h/4 I~/
C&~erk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify th~t the
foregoing ordinance is an original copy of Ordinance Number ) .15.:2- / on file in the I
office of the City Clerk, passed, approved and adopted by the City Cowlcil of the City of Seal
Beach, pursUlplt to the City harter and Government Code Section 65858, at a meeting held
on the J 40./"11 day of 2005 by the following vole:
O/YliJ;~ ~aw~ 7f'~j ~M--
::t:U
7llknt
AYES:
Councihnembers
NOES:
Councihnembers
ABSENT:
Councilmembers
ABSTAIN:
Councihnembers
and do hereby further certify that Ordinance Number j :5.,;).-/ has been publislled pursuant to
the Seal Beach City Charter and Resolution Nunlber 2836,
~~j~ [b~~~
ity. lerk
,
,n
I
p~(J::r i)j= ?L~:::L~:'~~.I;O;'J
("0' - ~ (' r -)
~ I:>.... ... .J.I.....
ITATE OF CALIFORNIA,
ounty of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a'party to or hirer-;, .
ested in the above-enlitied matter.':,,,
I am the principal cle~k ot''tl1e' printe;:;:r
of the SEAL BEACH SUN, a':. .:;,
newspaper of general circulation;',.,. ':';'
printed and publishedweekly in the ....,
City of Seal Beach. County"of" . ....,
Orange and which newspa'per"i'ias
been adjudged a newspaper of
general dculalian by the Supslior
Court of the County of Orange, State
0; California, uncle; tile dale of
2/24/75. Case Number /1.82583; that
Ithe notice of which the annexed is <3
pr!nt~'d ~op~' (Get in typ~ Pr::\~ S!l1B.!!er
,han nonpareil), has been published
in each regular and entire issue of
said nel,/5080,':)r ;:md 110t ill ;:HW
, . ,
supplement iheleof on the fo!!owing
dates. to-v.;:t"
I ZJ ~~_._______,_____,___
311 in the )':::-ar 2004
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this 1-~ day of ' _, 2004,
.~
I Signatme
PUB ICATION PROCESSED BY:
THE SE.AL BEACH SUi.J
2:16 r,~5;" Street
<::'c.,,' "'""c". CA r.nu'-r4u'
........'-'1 I:;_!.......!I, :::J'
,.-,., \ '''0 -5-r:.
~:).i)~; 14... -I 0:1
"
Ordinance Number ) 6).}
.
-, ., C'
: il!.3 spe.cc ;S iO. . II':; .C....:!li:j"
Clerk's FII:ng Stamp
Proof o~ Publicatior. of
...o........~..oo...o..n..t..o..O.......DO....O
..~...~..........~.....,..........D......~...O.
SUMMARY'---,-.. .
ORDINANCE NUMBER 1521 ;
AMENDING SEAl:BEACH' ,
MUNICIPAL CODE" ,
TITLES 8 AND I ",
, ,
OrdInance Number 1521.
-..._-~
COdo Thlos 6 Ond'9 boSlCORy
_10_,"",__
=-~':'.:t=~
~_rcr"",'
VBt8 U88 of such arns. dewt!'
opmon'ond Imp/orilont po/IcIos
~~ln'\:"l""or_,
~rem.ntfDr:.~1
Iocidion fdtJ..~map. concItIon
or damage 10 fBCIU11es. under
groundlng and the expenses
"""",r, ......-rcrvto_n
r&qUlre~ far8XCIMI1lon per.:
...--reo.,.........
.....8nd-. -........,
01 -,""""*'g
.:;'!"- oppIIcaIlII1Iy 01 _;
_::r=:::IIMII11lllI"
permn, _lion 0I~1
Ordnanoe Number 1521 was
Counc:iIInI'od"- .. tho roC CIIJ
, m_oI mboi<l
13lh,2OO4_llistroacllng_
&PP1OWld by Iho -...-=
AYES:1a8on, Ld, -.. 'ttlIIj
NOES:Nmo'" . ,-
ABSENT: AnfDoj" , -,,'..'
MotIon carried. ~. '\ ...,
.;:'. . ,..:-
, OrdInance Number 1&21 '.im
roc:o::r'" reading - be
cons for adaoIIan at th8
rogulor CIty Council mlllllini oIi
Jo'"""Y 241h, 2004. Cool.. 01' -Ordinance Number 1521 erel
:-,",",hlllllcoolIhoClll>'
ICferk,CltyHaD ,.' ' ,
, 211.1llh SlrHt Sooi BHch."
:-... (5621431-2527 "
'OAtED THIS 14th'day,oi'
December, 2004. 'i ~ '. . .
'UndaDovtno~~~rk" '
'?,%o/ ~-,' _....
- ... d1'
Pu IIsh8!t,1n the S..I Beech-
,_&i~ 1212312004. '.' '
Ordinance Number \ 5) d--L
'.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County 01 Orange
This space is for the County
Clerk's Filing Stamp
I
I am a citizen of the UllIted States
and a resident of the county afore-
said; I am over the age of eighteen
years. and not 'a party to or inter-
ested in the above-entitled matter.
I am the pnncipal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24f75. Case Number A82583; that
Ihe notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil). has been published
in each regular and entire issue of
said newspaper and not In any
supplement thereof on the following
dates, to-wit:
2../11
all in the year 2005
Proof of Publication of
..........._____...............--t'..........
...................................--........
Dated at Seal Beach, CA,
this.J.-:L-da of b!Jatyavv . 2005.
SUMMARY
ORDINANCE NUMBER 11121 '
- AMENDING SEAL BEACH
MUNICIPAL CODE -TInES
lAND'
Ordinance Number 1521
_the SoaJ -. Mlri:l>aI
Code Tilles 6 and 9 baslcany
retRIes to utIlitfes end other ser-
vice providers usk1g the publiC
rlghts-ol-way and pullllc proper-
ty, fBlr and reasonable compen-
sation for private use of such
areas, development and ,,"ple-
""'''-10__
use of exiSting fadnues in the
nghls-of-way, requirement for
submft1al of a location faaRties
map, condition or damage to
faarlf1es. under g~nd
the___, br
VIOIahon, requirement for exca-
vation permll and related fees.
_, llIc., dusland_con-
110I, Cleaning of strools, eppll-
cabUlIy of pre-e..~'Y franchiS-
es Bnd law, ,.MIlflwbur. of 8Iorm
weter d1llC1large pormll, nobft.
cation of chang8. OrdlnanCft
Number 1521 nIC8iv8d second
reading and was adopted at the
regula, City Council mooting or
February 14, 2005 by the loI-
IowIng_.
AYES: Antos, Larson --"-
- "-',
NOES: NOlIO
ABSENT: L....
Mollon ..mod
Copies 01 OnInonco NurOOo'
1521...__1100llic0
01 tho City Clerk, CIIy Hall, and
211 -IIIlSboot, SooIIleoch,_
phone (562) 431-2S:!7.
llI\1EDlHlS 1Slhdayd__
2005.
Linda Devine. City Clerk
ClIv 01 S..I Beach
P\i:lHshed mthe Seal8eac:h 51,"
2/1712005.
I
I certify (or declare) under penalty of
perjury that Ihe foregoing is true and
correct.
Ignature
PUBLICA ON PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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