HomeMy Public PortalAbout07) 7D Ordinance 18-1031 Moratorium on Cutting Recently Resurfaced StreetsAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: March 6, 2018
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By : Michael D. Forbes , Community Development Director
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 18-1031 TO
ESTABLISH A MORATORIUM ON CUTTING RECENTLY RESURFACED
STREETS
RECOMMENDATION:
The City Council is requested to waive further reading and adopt Ordinance No . 18 -1 031
(Attachment "A ") amending Title 6 of the Temple City Municipal Code to establish a
moratorium on cutting re cently resurfaced streets .
BACKGROUND:
On February 20 , 2018 , the City Counci l voted to introduce Ordinance No. 18-1031 forfirst
reading , by title only, to amend Title 6 of the Temple City Municipal Code to establish a
moratorium on cutting recently resurfaced streets .
ANALYSIS:
As introduced by the City Council, Ordinance No . 18 -1031 imposes a moratorium on
cutting any street or alley that has been resurfaced to an extent covering at least half the
street or alley width. The moratorium would remain in place for three years for slurry
sealing and other surface sealing , and fiv e years for all other types of resurfacing .
While a moratorium is in place , a street could not be cut unless the City Engineer
approves an exception for limited situations , including emergency work and work
necessary to provide or prevent interruption of utility service . The City Engineer would be
authorized under the ordinance to place reasonable requirements on the work to ensure
that the street is restored to its pre-work condition .
City Council
March 6 , 2018
Page 2 of 2
CITY STRATEGIC GOALS:
Ordinance No . 18-1031 furthers the City Strategic Goals of Public Health and Safety ,
Quality of Life , and Sustainable Infrastructure .
FISCAL IMPACT:
Ordinance No . 18-1031 requires the party cutt ing the street to bear all costs related to the
street work . As such, it would not have a direct fisca l impact on the City . However, a
moratorium would help ensure that City expenditures for street resurfacing are effective and
serve their intended purpose , by maintaining the integrity of recently resurfaced streets .
ATTACHMENT:
A. Ordinance No . 18-1031
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ATTACHMENT A
ORDINANCE NO. 18-1031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMP LE CITY , CALIFORN IA , AMENDING TITLE 6 OF T HE
TEMPLE CITY MUNICIPAL CODE TO ESTABLISH A
MORATORIUM ON C UTTIN G RECENTLY RESURFACED
STREETS.
WHEREAS , The City of Temple City owns and mainta ins a street network comprised of
approximately 71 miles of paved streets , including 19 miles of res idential streets , 39 mil es of
collector streets , 10 miles of arterial streets , and three miles of alleys ; and
WHEREAS , Th is network consists of about 13.6 million square feet of paved surface area ;
and
WHEREAS , Th e City of Temple City desires to prolong pavement integrity and minim ize
pavement degradation to maintain a safe and well-ma intained street network; and
WHEREAS , The City of Temple C ity has implemented a Pavement Management Program
whereby funds are allocated each fiscal year to resurface streets for this purpose ; and
WHEREAS, Establish ing a mo ratorium on cutti ng recently resurfaced streets will min imize
road wa y excavati ons and encourage co ntractors and utility compan ies to effective ly plan th e ir
work and review potential conflicts in advance .
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS :
SECTION 1: T he City Council f inds that the facts set forth above are true and corre ct.
SECTION 2: Title 6 of the Temple City Municipal Code (Public Highways, Sewer and
Utilities) is hereby amend ed by adding a new Article C to Chapter 1 (Public Highways), inclus ive of
new Sections 6 -1 C-0 and 6 -1 C -1, to read as follows :
"ARTICLE C. STREET CUTTING MORATORIUM
6-1C -O: MORATORIUM ON CUTTING RECENTLY RESURFACED STREETS
A. No person or en tity shall cut, trench , o r otherw ise distu rb or open the surface of a pub lic street
or alley wi t hout first obtaining a permit from the City.
B. The City shall not issue a perm it to cut , trench , o r otherwise d isturb or open the s urfa c e of a
public street or alley that is subj ect to a moratorium pursuant to Subsect ion C , un less the City
Engineer grants an exception pursuant to Section 6-1 C-1.
Ordinance No . 18-1 031
Page 2 of 4
C. A moratorium is imposed on the following :
1. Publ ic streets and alleys that have been paved , constructed , reconstructed , or overlaid to
an extent covering at least half the width of the street or alley within the past five years;
and
2. Public streets and alleys that have been resurfaced with slurry seal , ch ip seal , micro
surfacing , or other surface seal to an extent coveri ng at least half the width of the street
within the past three years .
6-1C-1 : EXCEPTIONS TO MORATORIUM
A. The City Engineer is authorized to grant an exception to allow a permit to be is sued for a
street that is subject to a moratorium pursuant to Section 6-1 C-0 for the follow ing
circumstances :
1. Emergency repairs deemed necessary to protect life or property;
2. Emergency repairs deemed necessary to prevent interruption of utility service ;
3. Work that is mandated by city, state , or federal legislation ;
4. Work that is necessary to provide utility service to a property, including when
necessary to facilitate the development or redevelopment of the property, and where
there is no other reasonable means of providing service ; or
5. Other work as deemed necessary by the City Engineer.
B. When granting an exception to a moratorium , the City Engineer may impose cond itions
upon the permit as deemed necessary and appropriate to return the street or alley to its
pre-work cond ition . Such cond iti ons may include the following :
1. Requiring the method of resurfacing best suited to restore the surface to it s pre-work
condition , which may include surface grinding and base and sub-base repairs ;
2. Requiring resurfac ing to be extended beyond the width of the work area , up to and
including a full lane width , half-street width , or full street w idth depending on the area
and nature of the work ;
3. Requiring resurfac ing to be extended beyond the length of the work area up to the
w idth of one or mult iple properties , half block length , or full block length depend in g on
the area and nature of the work;
4 . Considering multiple ind ividual cuts as one larger comb ined cut for the purpose of
determ ining the area to be res urfaced ;
5. Requiring full restoration of striping and monuments in the resurfaced area ;
6. Requiring manhole and valve cover adjustments in the resurfaced area ;
Ordinance No . 18-1 031
Page 3 of 4
7. Requiring the work ing party to bear the full cost of plan rev iew, construct ion inspection ,
material testing, bond ing , and all other expenses related to the work ;
8. Requiring a delay in the resurfacing work if deemed necessary due to weather or other
conditions; and/or
9. Requir ing other work as deemed necessary to establish the optimal li mit s of
resurfacing work in furtherance of the following goals : minimizing pavement
degradation , mainta ining the structura l integrity of the street , maintaining a smooth
riding surface for all transportation modes , and limiting the visual impact of work and
maintaining public perception of street cond ition ."
SECTION 3: The City Council finds that this Ordinance is not subject to the Ca li fornia
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the
activity will not result in a direct or reasonab ly foreseeable indirect physical change in the
environment) and 15060(c)(3) (the act ivity is not a project as defined in Section 15378).
SECTION 4: The City Clerk shall cert ify to the passage and adoption of th is Ordinance
and to it s approval by the Mayor and shall cause the same to be published according to law .
Ordinance No . 18-1031
Page 4 of 4
PASSED, APPROVED, AND ADOPTED th is 6th day of March , 2018 .
Cynthia Sternquist, Mayor
ATTEST: APPROVED AS TO FORM :
Peggy Kuo , City Clerk Eric S . Vail , City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City , hereby certify that the foregoing
Ordinance No . 18-1031 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 201h day of February , 2018 , and was duly passed , approved and adopted
by said Council at the regula r meetin g held on the 6th day of March, 2018 , by the following vote :
AYES:
NOES:
ABSENT:
ABSTAIN :
Peggy Kuo , City Clerk