HomeMy WebLinkAboutCC AG PKT 2004-12-13 #Z V ed- r 4 0 14S ft 5 2
AGENDA REPORT °P�5
DATE: December 13, 2004 ?Le/
t
TO: Honorable Mayor and City Council
THRU: ..,_John B. Bahorski, City Manager
FROM: Mark Vukojevic, Director of Public Works /City Engineer
Lee Whittenberg, Director of Development Services
SUBJECT: Ordinance Introduction - Amendments to Titles 6 and 9 of
Seal Beach Municipal,Code
SUMMARY OF REQUEST:
Introduce Ordinance No. ) 5 21 , An Ordinance of the City of Seal Beach Amending
Titles 6 and 9 of the Seal Beach Municipal Code. Receive and file Staff Report.
BACKGROUND:
--a
Earlier this year, the City Council amended and recodified the Code of the City of Seal
Beach as the Seal Beach Municipal Code. The City Council subsequently directed staff
and the City Attorney to meet with interested utilities and service providers about
possible revisions to Title 6 (Franchises) and Title 9 (Public Property, Public Works and
Building Regulations) of the Municipal Code. Based on that meeting and the written
correspondence submitted by the businesses, staff and the City Attorney have prepared
the attached ordinance to amend Titles 6 and 9. The ordinance addresses most, though
not all, of the issues raised by the businesses. An overview of the proposed revisions is
set forth below, followed by the response by staff and the City Attorney to comments for
which revisions have not been proposed.
Recently, a utility company performed un- permitted work during the evening hours. In r
response to this incident, staff has also reviewed and determined that the proposed
changes do not undermine the authority of the City and the City's permits.
PROPOSED REVISIONS
A. Title 6
1. Section 6.10.005(B)(3)
AGENDA ITEM 2
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Z:VNy DwumemLSVdUNICODE \Title 6 and 9 Rerisiuns.CC Staff Repori.l 1- -02- 04.DOC \LW\I 1-02-04
•
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
Proposed language:
"3. To obtain fair and reasonable compensation for the city and its
residents in exchange for the private use of the public rights-6f-way and
public property by entities that are not exempt from paying compensation
for such use."
Comments: This provision lists one of the objectives of Chapter 6.10. Edison asked that
"from cable and open video operators" be inserted after "residents" to clarify that
telecommunications companies are exempt from paying right -of -way use fees that are not
based on cost. The proposed language provides this clarification without identifying
particular types of right -of -way users.
2. Section 6.10.070(A)(1)
Proposed language:
. "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."
Comments: This provision authorizes the City Manager to establish policies to
encourage shared use of existing facilities in the right -of -way. Verizon asked that
language be added io clarify that such policies will not allow exclusion from the right -of-
way or delay permit issuance because a utility or service provider rejects shared use. The
proposed language satisfies this request.
Verizon also asked that language be added to clarify that such policies will not allow
exclusion from the right -of -way or delay permit issuance because a utility or service
provider does not provide a written statement describing its efforts to reach a shared use
agreement with other right -of -way users. The proposed language does not satisfy this
request. Verizon'S requested language is undesirable because it would allow utilities and
service providers to igmore the legitimate requirement that they confirm their attempts to
share use of existing facilities.
3. Section 6.10.070(A)(1)(a)
Proposed language:
Title 6 and 9 Revisions.CC Staff Report.11 -02 -04 2
790732.3
Introduction of Ordinance re' Titles 6 and 9
Municipal Code Amendments
City Council Staff
December 13, 2004
"a. A requirement that utility and other service providers requesting
permits review information provided by the city that identifies the location
of facilities, such as underground conduits, that are available for shared
use, and the owners of those facilities."
Comments: This provision authorizes the City Manager to require, as part of a policy
encouraging shared use of existing facilities in the right -of -way, that utilities and service
providers review City - provided information identifying facilities that are available for
shared use. Verizon asked that language be added to clarify that the City will not
condition permit approval on identification of excess capacity. Edison asked that
language be added to address "cost and time" related feasibility. The proposed language
deletes this provision based on staff's desire that the City not be responsible for collecting
and disseminating information about shared use capacity. Pursuant to Section
6.10.070(A)(1)(b), which will be renumbered in conjunction with the deletion, the City
Manager still will have the ability to require utilities and service providers to submit a •
written statement describing their efforts to reach a shared use agreement with other
right -of -way users.
4. Section 6.10.070(A)(1)(c)
Proposed language:
"c. A requirement that utility and other service providers occupying
the public rights -of -way submit annually to the city a map, which may
shall be in a uniform electronic data format te—be specified by the city
public works department, that shows the location of their respective
facilities in the public rights -of -way. - - : - - - - -
An updated annual facilities map need --net shall be provided unless when
there are changes to the location of the service provider's facilities in the
public rights -of -way and when requested by the city. Pursuant to the
California Public Records Act, a facilities map submitted by a utility or
other service provider is not a public record and shall not be disclosed by
the city to the public."
Comments: This provision authorizes the City Manager to require, as part of a policy
encouraging shared use of existing facilities in the right -of -way, that utilities and service
providers submit a map, in a uniform electronic data format chosen by the City, showing
the location of their facilities in the right -of -way. Verizon asked that language be added
to protect the confidentiality of facilities maps and to require updates only when there are
changes in facilities locations or when requested by the City. Edison asked that language
be added to indicate the competitive sensitivity of facilities maps and to strictly limit
access to the maps. The proposed language satisfies these requests.
Title 6 and 9 Revisions.CC Staff Report.] I -02 -04 3
790732.3 -
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Anzendnents
City Council Staff Report
December- 13, 2004
Verizon also asked that language be inserted to specify that the format for facilities maps
shall be set by City Council resolution and to require the City to give utilities and service
providers 10 -day advance written notice of any meeting at which permissible formats for
facilities maps will be considered. The proposed language does not satisfy these
requests.- Verizon's requested language is undesirable because the utilities and service
providers can bring any dispute with staff to the City Council's attention.
5. Section 6.10.070(A)(3)
•
Proposed language:
•
"3. Based upon the city's projected plans for street construction or
renovation projects, the city manager is authorized to establish on a
quarterly basis 1 or more construction time periods or "windows" for the
installation of facilities within the public rights of way. Cable system
operators, telephone corporations, and other utility service providers that
date may be required to delay such construction until the next quarterly
"window" that is established by the city."
Comments: This provision authorizes the City Manager to prescribe "window periods"
in which utilities and service provides can install facilities in the right -of -way. Verizon
requested that this provision be deleted to eliminate a potential conflict with federal law.
Edison asked that this provision be re- written to include reasonable restrictions on time,
place and manner and a possibility for a variance or discretionary exemption. The
proposed language deletes this provision.
•
6. Section 6.10.070(B)(3)
Proposed language:
"3. The maintenance of all above - ground facilities in good condition,
including compliance 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."
• Comments: This provision authorizes the Public Works Department to condition permits
on above - ground facilities being maintained in good condition and in compliance with
City ordinances regarding graffiti removal. Verizon asked that language be added to
Title 6 and 9 Revisions.CC Staff Report. 11-02-04 4
790732.3
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
clarify that this provision does not apply to poles and vertical attachments to poles. The
proposed language satisfies this request.
•
7. Section 6.10.070(C)
•
Proposed language:
•
"C. The city reserves all rights that it now possesses or may later
acquire to adopt and implement city -wide requirements for the
undergrounding of above - ground facilities, or any portion thereof, in a
competitively neutral and non - discriminatory manner. To the extent
authorized by law, all All utility and other service providers will be
required to comply with those requirements at their sole expense, and to
bear the expense of such compliance, as provided by • federal and state
law."
Comments: This provision reserves the City's rights regarding implementation of
requirements for the undergrounding of above - ground facilities. Additionally, this
provision specifies that, to the extent authorized by law, utilities and service providers
shall comply with such requirements at their sole expense. Verizon asked that language
be added to clarify that utilities and service providers shall bear the expense of complying
with such requirements as provided by federal and state law. The proposed language
satisfies this request.
8. Section 6.10.075(A)
Proposed language:
"A. Any Unless precluded by law, any person who violates any
provision of this title is guilty of a misdemeanor."
Comments: This provision declares that a violation of Title 10 is a misdemeanor.
Verizon asked that language be added to clarify that a violation is a misdemeanor only as
authorized by law. The proposed language instead clarifies that a violation is a
misdemeanor unless precluded by law. Verizon's requested language is undesirable
because state and federal laws typically provide for preemption, rather than authorization,
of this type of criminal penalty.
B. TITLE 9
1. Section 9.15.015
Proposed language:
Title 6 and 9 Revisions.CC Staff Report.' 1 -02 -04 5
790732.3
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
"No person shall do any of the following on city property with without
first obtaining and maintaining in full force and effect an excavation
permit:"
Comments: This provision establishes an excavation permit requirement. Edison
identified a typographical error in the first sentence. The proposed revision corrects that
error.
2. Section 9.15.025(A)
Proposed language:
"A. The director shall, within 60 city business days of the filing of en a
complete application, approve or conditionally approve the excavation
permit if there are no grounds for denial; otherwise the permit shall 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. The times set forth
in this section shall not be extended except upon written consent of the
applicant."
Comments: This provision regulates the processing of excavation permit applications
and establishes a 60 City business day deadline for approval or denial of a permit.
Edison and the Gas Company requested that the deadline be shortened, and Edison
suggested that the deadline be 30 City business days or less. The proposed language
retains the 60 City business day deadline and clarifies that the time period commences
upon the filing of a complete application.
3. Section 9.15.025(C)
Proposed language:
"C. An excavation permit shall not be effective until the pennittee has
paid the a deposit to cover inspection fee costs, and has submitted proof of
- public liability insurance and a surety bond or deposit. The inspection fee
deposit amount shall be as set by city council 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 permittee to
resurface or repair 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."
Comments: Among other things, this provision prevents an excavation permit from
being effective until the permittee has paid the inspection fee. The Gas Company asked
Title 6 and 9 Revisions.CC Staff Report.1 I -02 -04 6
790732.3
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
that this provision reference an inspection deposit instead of an inspection fee because the
inspection cost cannot be determined in advance of the work. The proposed language
satisfies this request.
4. Section 9.15.030(11)
Proposed language:
"H. Appropriate measures shall be taken to eliminate minimize noise,
dust and debris to the maximum extent practical."
•
Comments: This provision requires, as a standard excavation permit condition, that
appropriate measures be taken to eliminate noise, dust and debris to the maximum extent
possible. Edison requested that "eliminate" be changed to "minimize." The proposed
language satisfies this request.
5. Section 9.15.030(N)
Proposed language:
"N. Streets shall be thoroughly cleaned of soil and debris on a daily
basis in accordance with the City's NPDES permit, the permittee's storm
water pollution prevention plan and, if necessary, the director's instruction
s}s. ,
Comments: This provision requires, as a standard excavation permit condition, that
streets be thoroughly cleaned of soil and debris on a daily basis. Edison requested that
the phrase "resulting from the construction site" be inserted after "debris" to clarify that
excavated material piled at a construction site does not have to be cleared daily. The
proposed language provides this clarification by requiring the clearance to be in
accordance with the City's NPDES permit, the permittee's storm water pollution
prevention plan and the instruction of the Director of Public Works /City Engineer.
Edison's requested language is undesirable because the phrase `resulting from the
construction site" is ambiguous.
6. Section 9.15.045
Proposed language:
"4 9.15.045 Administration.
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
Title 6 and 9 Revisions.CC Staff Report.] 1 -02 -04
790732.3
•
•
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
franchise or law to the exclusion of this chapter shall control in lieu of the
provisions of this chapter."
Comments: Edison and the Gas Company asked for exemption from certain provisions
of Chapter 9.15 on the basis that the subject matter is addressed in their franchise
agreements or in federal or state law. These requests pertain to issues such as surety
bonds, (Section 9.15.025(C)), indemnification (9.15.025(D)) and relocation (Section
9.15.030(K)). The proposed language clarifies that Chapter 9.15 will be administered
consistent with rights granted by pre- existing franchises or by federal or state law.
Edison's and the Gas Company's requested exemption is undesirable because it could
prevent the City from enforcing regulations that are otherwise permissible under the
franchise agreement and under federal and state law.
7. Section 9.20.030(B)(2)(c)
Proposed language:
"c. A change to the permit is necessary to ensure compliance with the
objectives of this chapter or to protect the quality of receiving waters.
The permittee, or in the case of a general permit, each person who
has filed an application pursuant to this chapter, shall be informed by the
city of any change in the permit terms and conditions at least 45 business
days prior to the effective date of the modified permit."
Comments: This provision authorizes the City Manager to modify a storm water
discharge permit and requires that the permittee be notified of such a modification at least
45 City business days before the modification is effective. Edison asked that the phrase
"by the city" be inserted after "informed" to clarify who is obligated to provide the
notification. The proposed language satisfies this request.
8. Section 9.50.010(13)
Proposed language:
"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 to the city, affected property
as well as estimates of the time required to
complete the underground installation and removal of overhead facilities."
Comments: Among other things, this provision requires the Director of Public
Works /City Engineer to prepare a report regarding the total cost to the City, affected
property owners and affected utilities of undergrounding poles, wires and associated
Title 6 and 9 Revisions.CC Staff Report.11 -02 -04 8
790732.3
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
overhead structures. Edison asked that "affected utilities" be deleted to avoid creating an
expectation that such cost will be performed at its expense rather than at customers'
expense or with Rule 20A funds. The proposed language satisfies this request and also
deletes the phrase "to the city, affected property owners and."
9. Section.9.50.015(A)
Proposed language:
"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 electric, 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."
Comments: Among other things, this provision prescribes the content of City Council
resolutions that designate an underground utility district. Edison asked that language from
"old Code Section 25A -4" be added to clarify that a reasonable time shall be allowed for
the removal and underground installation. The proposed language satisfies this request.
10. Section 9.50.040
Proposed language:
"4 9.50.040 Administration.
This chapter shall be administered consistent with rights granted by pre-
existing franchises and by applicable federal and state law."
•
Comments: Edison asked for an exemption from Chapter 9.50 on the basis that the
Public Utilities Commission governs undergrounding of facilities. The proposed
language clarifies that Chapter 9.50 will be administered consistent with rights granted by
pre - existing franchises or by federal or state law.
Title 6 and 9 Revisions.CC Staff Report.) 1 -02 -04 9
790732.3
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
II. RESPONSE TO MISCELLANEOUS COMMENTS
A. Title 6
1. Section 6.10.070(B)(5)
Utility /Service Provider comments: This provision authorizes the Public Works
Department to condition permits by limiting the number of above - ground facilities
installed in a particular area. Verizon asked that language be added to require City
Council approval of such a limitation, and to require that utilities and service providers be
afforded advance notice of any City Council meeting at which such a limitation will be
considered.
Response: Verizon's requested language is undesirable because the utilities and service
providers can bring any dispute with staff to the City Council's attention.
•
2. Section 6.10.070(B)(6)
Utility Service /Provider comments: This provision authorizes the Public Works
Department to condition permits by limiting the dimension or volume of above - ground
facilities. Verizon asked that language be added to require City Council approval of such
a limitation, and to require that utilities and service providers be afforded advance notice
of any City Council meeting at which such a limitation will be considered.
Response: Verizon's requested language is undesirable because the utilities and service
providers can bring any dispute with staff to the City Council's attention.
3. Section 6.10.070(B)(7)
Utility /Service Provider comments: This provision authorizes the Public Works
Department to condition permits by reasonably specifying the colors of above - ground
facilities to ensure that the facilities blend with the surrounding environment to the
maximum extent possible. Verizon asked that language be added so that colors can only
be specified if they are available from the manufacturer used by the service provider.
Response: Verizon's requested language is undesirable because it could prevent the
Public Works Depat linent from specifying a color chosen by the City Council.
4. Proposed Section 6.10.070(D), (E)
Utility /Service Provider comments:. Verizon asked that new paragraphs (D) and (E) be
added to Section 6.10.070, which concerns use of public rights -of -way. The requested
language would require the City Manager and the Public Works Department to consult
with utilities and service providers before establishing any policies or procedures for
Title 6 and 9 Revisions. CC Staff Report.1 I -02 -04 10
790732.3
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
right -of -way use. Additionally, it would state that disputes regarding such policies cir
procedures can be appealed to the City Council.
Response: Verizon's requested language is undesirable because it would require staff to
consult with the utilities and service providers regardless of the significance of a
particular policy or procedure for right -of -way use. Moreover, the appeal portion is
• unnecessary because the utilities and service providers already can bring any dispute with
staff to the City Council's attention.
13. Title 9
•
1. Section 9.15.005(B)
Utility /Service Provider comments: This provision defines the term "excavation."
Edison asked that language be added to clarify the definition.
Response: Edison's requested language is unnecessary because the existing definition is
substantively identical to the definition in Section,20 -2 of the old Code.
2. Section 9.15.010(A)
Utility /Service Provider comments: This provision authorizes the Director of Public
Works /City Engineer to promulgate regulations for the administration of Chapter 9.15.
Edison asked that language be added to require a public review process for such
regulations.
Response: Edison's requested language is undesirable because it would .require staff to
consult with utilities and service providers regardless of the significance of a particular
regulation. Moreover, the language is unnecessary because the utilities and service
providers can bring any dispute with staff to the City Council's attention.
3. Section 9.15.010(E)
Utility/Service Provider comments: This provision authorizes the Director of Public
Works /City Engineer to require soil testing of backfill used in street excavations. Edison
asked for an exemption from this provision. The Gas Company asked that "when the city
determines that a utility has neglected to adequately restore an excavation" be inserted at
the end of the sentence.
Response: Chapter 9.15 will be administered consistent with rights granted by pre-
existing franchises and applicable federal and state law, so it is unnecessary to add
language specifically exempting Edison. The Gas Company's requested Language would
unnecessarily limit the discretion of the Director of Public Works /City Engineer to
determine when to require soil testing.
Title 6 and 9 Revisions.CC Staff Report.] 1 -02 -04 11
790732.3
lhtroduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
4. Section 9.15.025(B)
Utility /Service Provider comments: - This provision specifies the grounds for denial of an
excavation permit. Edison asked that language be added to re- establish the "annual
blanket" permit authorized by the old Code.
Response: Edison's requested language is undesirable based on the determination of the
City Engineer /Director of Public Works that annual blanket permits are not appropriate.
5. Section 9.15.030(F)
Utility /Service Provider comments: This provision requires, as a standard excavation
permit condition, that traffic barriers and warning signs be placed and maintained in
accordance with the instruction of the Director of Public Works /City Engineer. Edison . - .
asked that the City accept the use of the American Public Works' "Work Area Protection
and Traffic Control Manual." _
Response: Edison's requested language is undesirable because the existing language
affords staff appropriate flexibility regarding traffic barriers and warning signs.
6. Chapter 9.20
Utility /Service Provider comments: This chapter addresses the City's storm water
management program. Edison asked for an exemption from this chapter pursuant to the
NPDES permit. Edison also asked for clarification of the City's intent in Section
9.20.030(A)(1).
Response: Chapter 9.20 will be implemented consistent with the NPDES permit so it is
unnecessary to add language specifically exempting Edison or to add language to Section
9.20.030(A)(1).
FISCAL IMPACT:
No significant fiscal impact is anticipated.
RECOMMENDATION:
Introduce Ordinance No. 15 , An Ordinance of the City of Seal Beach Amending
Titles 6 and.9 of the Seal Beach Municipal Code. Receive and file Staff Report.
Title 6 and 9 Revisions. CC Staff Report.] 1 -02 -04 12
790732.3
Introduction of Ordinance re: Titles 6 and 9
Municipal Code Amendments
City Council Staff Report
December 13, 2004
NOTED AND/ PROVED:
a
Mark Vukojevic John B. ahorski -
Director of Public Works /City Engineer City ager
. _ _
Lf/
y e Whitten; erg
i irector of Development Services
Attachments: (1)
Attachment 1: Ordinance No. 15$ , An Ordinance of the City of Seal
Beach Amending Titles 6 and 9 of the Seal Beach
Municipal Code
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Title 6 and 9 Revisions.CC Staff Report.] 1 -02 -04 13 -
7907323
Introduction of Ordinance re: Titles 6 and 9 .
Municipal Code Amendments
City Council Stuff Report
December 13, 2004
• ATTACHMENT 1
ORDINANCE NO. , , AN ORDINANCE
OF THE CITY OF SEAL BEACH
AMENDING TITLES 6 AND 9 OF THE SEAL
BEACH MUNICIPAL CODE
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•
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Title 6 and 9 Revisions.CC Staff Report.11 -02 -04 14
790732.3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEAL
•
BEACH AMENDING TITLES 6 AND 9 OF THE
SEAL BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS: •
Section 1: Sub - paragraph (3) of paragraph (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:
•
"§ 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 determines that the utility substructure in the
public rights -of -way 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:
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.
•
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Z:\My Document.AMUNICODE \Title 6 and 9 Revisions .Ord.l 1- 02-04DOC\L\I 1 -02 -04 - •
Ordinance Number
Amending Titles 6 and 9 of the Seal Beach Municipal Code
December 13, 2004
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.
•
b. A requirement that utility and 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 are changes to the
location of the facilities in the public rights -of -way and when requested by
the city: Pursuant to the California Public Records Act, a facilities map
submitted by a utility or other service provider is not a public record and
shall not be disclosed by the city to the public.
c. Such additional requirements as will
encourage utility and other service 'providers to share excess 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, including telephone corporations and cable
system operators, comply with all local design, construction, maintenance
and safety standards that are consistent with 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.
Consequently,' 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 relate
to, without limitation, the following:
1. Prior to issuance of the requisite permits, all above-
ground facilities proposed to be installed by a utility or other service
provider in the public rights -of -way must be clearly delineated on the
plans when they are submitted for the city's review.
Title 6 and 9 Revisions.Ord.11 -02 -04 2
788068.3
Ordinance Number
Amending Titles 6 and 9 of the Seal Beach Municipal Code
December 13, 2004
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 compliance 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 other 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
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area.
6. Reasonable limitations upon the 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 maximum extent possible.
8. Such additional conditions regulating the time,
place, and manner of installations of above - ground facilities as will
reasonably mitigate potential safety hazards and adverse visual impacts
attributable to these facilities.
C. The city reserves all rights that it now possesses or may •
later acquire to adopt and implement city -wide requirements for the
undergrounding 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."
Section 3. Paragraph (A) of Section 6.10.075 of Chapter 6.10 of Title 6 of the
Seal Beach Municipal Code is hereby amended to read as follows:
"A. Unless precluded by law, any person who violates any provision of
this title is guilty of a misdemeanor."
Title 6 and 9 Revisions.Ord.l 1 -02-04 3
788068.3 '
Ordinance Number
Amending Titles 6 and 9 of the Seal Beach Municipal Code
December 13, 2004
Section 4. The first sentence of Section 9.15.015 of Chapter 9.15 of Title 9'of
the 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 approve the excavation
permit if there are no grounds for denial; otherwise the permit shall 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. The times set forth
in this section shall not be extended except upon written consent of the
applicant."
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 set by city council 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 permittee to
resurface or repair 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 Code is hereby amended to read as follows:
"H. -' Appropriate measures . 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:
"N. Streets shall be thoroughly cleaned of soil and debris on a daily
basis in accordance with the City's NPDES permit, the permittee's storm
water pollution prevention plan and, if necessary, the director's
instruction."
Title 6 and 9 Revisions.Ord.l 1 -02 -04 4
788068.3
Ordinance Number
Amending Titles 6 and 9 of the Seal Beach Municipal Code
December 13, 2004
Section 9. ' Chapter 9.15 of Title 9 of the Seal Beach Municipal Code is
hereby amended by adding a new Section 9.15.045 to read as follows:
"§ 9.15.045 Administration.
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 of the
provisions of this chapter."
Section 10. Sub - division (c) of sub - paragraph (2) of paragraph (B) of Section
9.20.030 of Chapter 9.20 of Title 9 of the Seal Beach Municipal Code is hereby amended
to read as follows:
"c. A change to the permit is necessary to ensure compliance with the
objectives of this chapter or to protect the quality of receiving waters.
The permittee, or in the case of a general permit, each person who
has filed an application pursuant to this chapter, shall be informed by the
city of any change in the permit terms and conditions at least 45 business
days prior to the effective date of the modified permit."
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:
"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 follows:
"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 electric, 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
Title 6 and 9 Revisions.Ord.11 -02 -04 5
788068.3
•
Ordinance Number
Amending Titles 6 and 9 of the Seal Beach Municipal Code
December 13, 2004
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:
•
1 9.50.040 Administration.
This chapter shall be administered consistent with rights granted
by pre- existing franchises and by applicable federal and state law."
. • PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
• Beach at a meeting thereof held on the day of
, 2005. •
•
Mayor . .
• City of Seal
ATTEST:
•
•
City Clerk
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 that the
foregoing ordinance is an original copy of Ordinance Number on file in the
office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach, pursuant to the City Charter and Government Code Section 65858, at a
. meeting held on the day of , 2005
by the following vote:
AYES: Councilmembers
NOES: Councilmembers •
•
Title 6 and 9 Revisions.Ord. 11 -02 -04 • 6 •
788068.3 • _
Ordinance Number
Amending Titles 6 and 9 of the Seal Beach Municipal Code
December 13, 2004
ABSENT: Councilmembers
•
• ABSTAIN: Councilmembers
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and do hereby further certify that Ordinance Number has been published pursuant
• to the Seal Beach City Charter and Resolution Number 2836.
•
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•
City Clerk
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Title 6 and 9 Revisions.Ord.11 -02 -04 7
788068.3