HomeMy WebLinkAboutOrdinance 392 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 392 adopted by the Atascadero City
Council at a regular meeting thereof held on March 26, 2002, and that it has been duly published
pursuant to State Law.
DATED: % O
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 392
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
AMENDING CHAPTER 15, ENCROACHMENT ON PUBLIC PROPERTY,
OF THE ATASCADERO MUNICIPAL CODE,
RELATING TO TRENCH CUTS
The City Council hereby finds and declares as follows:
Whereas, studies undertaken by the American Public Works Association and many cities
have concluded that excavations in paved streets 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;
Whereas,the cutting of the pavement and trenching in the streets permits water seepage into
the street as well as weakening pavement support around the patch,thereby allowing deterioration at
an accelerated rate;
Whereas, millions of dollars in public funds have been invested to build, maintain, and
repair the streets within the City's geographical boundaries, and the City holds these streets as an
asset for its citizens. It is desirable to adopt regulations that will help protect the structural integrity
of City streets and thereby safeguard the value of the public investments in City streets for the benefit
of all City residents, by requiring proper repair with quality materials, inspection, and follow up
inspection and further repair if the trench repair fails,to help offset the shortened life of the streets
that are cut.
Whereas,entities making and benefiting from an excavation in a City street also will comply
with standards and requirements for compaction,backfill and pavement restoration and resurfacing
that ensure the best possible restoration of the paved surface over and adjacent to the trench or cut;
Whereas, regulation of excavation in City streets to help reduce disruption of and
interference with public use of the streets, and to help prevent damage and maintain the safe
condition of the streets protects the public health, safety and welfare, is a valid and appropriate
exercise of the City's police power, and is a municipal affair;
Whereas,With respect to the installation of telecommunications facilities,Section 253(c)of
the Federal Telecommunications Act of 1996 expressly recognizes the authority of local
governments to impose reasonable nondiscriminatory requirements upon telecommunications
providers using the public right-of-way, and California Government Code 50030 specifically
authorizes the imposition of permit fees that do not exceed the reasonable costs of providing the
service for which the fee is charged. A Encroachment Permit Fee imposed by this ordinance and any
associated Resolution is such a reasonable fee;
City of Atascadero
Ordinance No.392
Page 2
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1 ORDINANCE
New Article of Title 7, Public Works, Chapter 15, Encroachments on Public Property, of the
Atascadero Municipal Code is hereby added, such new Article to provide as follows:
Article 15. Trench Cuts
5.111 Definition
7-15.111 Definitions
(a) "Trench Cut" means the cutting of an existing asphalt road for the installation, repair,
location of utilities, conduit, storm drain, or any other underground facility.
7-15.112 Encroachment Permits.
The Engineering Division of the Public Works Department, or delegated division, will issue
encroachment permits. Any persons working in the right-of-way with out an encroachment permit
will be stopped and required to obtain an encroachment permit. The fee for the encroachment permit
will reimburse the City for the cost to administer the program and construction inspection and the
follow up inspection.The encroachment permit is not valid until Underground Service Alert(USA)
notification and field marking has been completed.
7-15.113 Inspection
A City inspector will inspect the trench cut.This may include asphalt removal,digging of the trench,
bedding of utility,backfill and compaction of trench,placement of base material,saw cut and paving.
7-15.114 Trench Specifications
The Trench Repair Specification for asphalt removal, digging of the trench, bedding of utility,
backfill and compaction of trench,placement of base material and paving will be followed.The City
Engineer may revise this Specification.
7-15.115 Cash bond and one year inspection.
A cash bond will be taken when the encroachment permit is issued. The City will inspect the trench
1-year after the trench is completed per Trench Repair Requirements. The party that requested the
encroachment permit and put up the bond will repair all trench deficiencies discovered at the
inspection. The repairs could include crack seals,skin patch,remove and replace trench paving and
in extreme cases where the backfill has failed, remove all backfill, replace and repave. Utility
Companies and Atascadero Mutual Water Company are exempt from the bonding requirement, if
they guarantee their repairs with a Warranty
7-15.116 Trench Cut Moratorium
There will be a moratorium on trench cuts in a road for 2 years after it has been paved.The City will
City of Atascadero
Ordinance No.392
Page 3
publish a two-year paving schedule every year to keep the community and utility companies posted
on the planned projects. The moratorium may be lifted for utilities for emergency repair, State of
California mandated work or expansion of service area or new development. The recently paved
road shall be repaired to the condition prior to the cut,which may include overlaying the entire road.
7-15.117 Provisions of Chapter 15
This Article does not change or alleviate anyone from following the provisions of the entire Chapter
15 Encroachments On Public Property.
On motion by Council Member Johnson and seconded by Council Member Luna, the foregoing
Resolution is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: March 26, 2002
Bim, .
Michael Arrambide, Mayor
Attest:
Marcia McClure Torgerson, City C rk
Approved as to form:
Roy Hanley, City ttorney