HomeMy Public PortalAbout11) 10B Approval of Ordinance 18-1031 Moratorium on Cutting Recently Resurfaced StreetsAGENDA
ITEM 10.8 .
COMMUNITY DEVELOPMENT DEPARTM EN T
MEMORANDUM
DATE : February 20 , 2018
TO : The Honorable City Council
FROM : Bryan Cook, City Manager
By : Michael D. Forbes , Community Development Director
SUBJECT : APPROVAL OF ORDINANCE NO. 18-1031 TO ES TAB LI SH A
MORATOR IUM ON CUTTING RECENTLY RESURFACED ST REE TS
RECOMMENDATION :
The City Council is re q uested to :
1. Introduce Ordina nce No . 18-1031 (Attachment "A ") for first reading by title only ,
amending Title 6 of the Temple City Municipal Code to establish a moratorium on
cutting recently resurfaced streets ;
2 . Waive further reading of Ord inance No . 18 -1031 ; and
3. Schedule the second reading of Ordinance No . 18-1031 for March 6 , 2018 .
BACKGROUND :
1. I n 2013 , Harris a nd Associates prepared the Temple C ity Pavement Management
Program report.
2 . In 2014 , Rosemead Boulevard was resurfaced as part of the Rosemead Boulevard
Safety Enhancement and Beautification Project , and several streets C itywide were
resu rfaced in conj unction with t he Safe Routes to School Project.
3 . In 2015 , severa l streets Citywide were surfaced in conjunction with the Bicycle
Transportation Account Project.
4 . In 2016 , numerous streets Citywide were resurfaced under the Fiscal Year (FY)
2016-17 Pavement Rehabilitation Project.
City Counci l
February 20 , 2018
Page 2 of 3
5. In 2017 , several streets Citywide were resurfaced under the FY 2018-19 Pavement
Rehabilitation Project. In addition , Temple City Boulevard was resurfaced in
conjunction with the Highway Safety Improvement Program Project.
6. In spring 2018 , Rosemead Boulevard is scheduled to be resurfaced us ing Road
Maintenance and Rehabilitation Account (SB 1) funds .
ANALYSIS :
Many jurisdictions impose street moratoriums to prohibit pavement cutting or trenching
on streets that have been recently resurfaced . The purpose of street moratoriums is to
prolong pavement integrity, minim ize pavement degradation , and encourage contractors
and utility companies to effectively plan thei r work and review potential confl icts in
advance .
Utility cuts , trenching , and other such street work can significantly alter and degrade
pavement surfaces . As a matter of policy , Temple City requires all cuts to be "T" cuts ,
whereby the surface cut extends beyond the actual work cut. This helps reduce the
negative impacts of the cut and helps to prevent the work area from settli ng below the
surrounding pavement over time . However, even with T cuts , pavement cuts can have an
adverse impact on the integrity, ride-ability , and appearance of the street surface.
It is in the City's interest to ensure that a recently resurfaced street remains in that
condition. However, circumstances such as emergency work or a need to provide utility
service to a new development may override this interest. In these cases , it is i mportant
that the street be restored as c losely as poss ible to its pre-work cond ition once the wo rk
is comp leted .
The proposed ordinance would impose a moratorium on cutting any street or alley that
has been resurfaced to an extent covering at least half the street or alley wid t h .
Resurfacing includes slurry seal and other surface seals , in lays , overlays , reconstruction ,
and new construction , whether completed by City staff, City contract , or private party
under City perm it. The moratori um would remain in place for three years for s lurry sealing
and other surface sealing , and five years for all other types of resurfacing .
While a moratorium is in place , a street could not be cut, potholed , trenched , or otherwise
opened in any way, unless the City Engineer approves an exception . As detailed in the
proposed ordinance , the City Engineer would be authorized to approve exceptions fo r
limited s ituations , including emergency work and work necessary to provide or prevent
interruption of utility service . When approving an e xception , the City Engineer would be
authorized under the ord ina nce t o place various conditions on the perm it to ensure that
the street is restored to its pre-work cond ition. Such conditions may address the type of
resurfacing , area to be resurfaced , and other factors as may be deemed necessary to
minimize pavement degradation , maintain the integrity of the street , maint ain a smooth
riding surface , and limit the visual impact of the work .
City Council
February 20 , 2018
Page 3 of 3
CITY STRATEGIC GOALS:
The proposed ordinance would further the City Strategic Goals of Public Health and
Safety, Quality of Life , and Sustainable Infrastructure .
FISCAL IMPACT:
The proposed ordinance would require the party cutting the street to bear all costs related
to the street work. As such , it would not have a direct fiscal 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
ATTACHMENT A
ORDINANCE NO . 18-1031
AN ORD INANCE OF THE CITY COUNCIL OF THE CITY OF
T EMPLE C ITY , CALIFORN IA , AMENDING TITLE 6 OF THE
TEMP LE CITY MUN ICIPAL CODE TO ESTABLISH A
MORATORIUM ON CUTTING RECENTLY RESURFACED
STREETS .
WHEREAS , The City of Temple City owns and maintains a street network comprised of
approximately 71 mi les of paved streets , including 19 miles of residential streets , 39 miles of
collector streets , 10 miles of arterial streets , and three miles of alleys ; and
WHEREAS , This network consists of about 13.6 million square feet of paved surface area ;
and
WHEREAS , The C ity of Temple Ci t y des ire s to prolong pave ment integrity and minimize
pavement degradation to mainta in a safe and well-maintained st reet network ; and
WHEREAS , The City of Temple City has implemented a Pavement Management Program
whe reby funds are allocated each fiscal year to resurface streets for this purpose ; and
WHEREAS , Est ab lish ing a moratorium on cutting recent ly resurfaced st reets w ill minimize
roadway excavations and encourage contractors and utility companies to effectively plan their
work and rev iew potentia l conflicts in advance .
THE CITY COUNCIL OF TH E CITY O F T E MPLE CI TY HERE BY ORDAINS AS
FOLLOWS:
SECTION 1 : The C ity Council f inds that the facts set forth above are true and correct.
SEC T ION 2: Title 6 of the Temple City Muni ci pal Code (Pu blic Highways, Sewer and
Utilities) is hereby amended by adding a new Article C to Chapter 1 (Pub lic H ighways), 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 CU TTING R EC ENTLY RESURFAC ED ST R EETS
A. No person or entity shall cut, trench, or otherwise disturb or open the surface of a public street
or alley without first obtain ing a permit from the C ity.
B. The City shall not issue a permit to cut , trench , or otherwise d isturb or open the surface of a
publ ic street or alley that is subject to a moratorium pursuant to Subsection C , un less the City
Eng ineer grants an exception pursuant to Section 6-1 C-1.
Ordinance No . 18-1031
Page 2 of 4
C. A moratorium is imposed on the following :
1. Public streets and alleys that have been paved , constructed , reconstructed , or overla id to
an extent covering at least half the width of the street or alley w ithin the past five years ;
and
2. Publ ic streets and alleys that have been resurfaced with slurry seal, ch ip sea l, micro
surfacing , or other surface seal to an extent coveri ng at least half the width of the street
w ith in 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 following
circumstances :
1. Emergency repairs deemed necessary to protect life or property;
2. Emergency repa irs deemed necessary to prevent interruption of utility service ;
3. Work that is mandated by city, state , or federal le gislation ;
4 . Work that is ne cessary to prov ide utility service to a property, including when
necessary to fac ilitate the development or redevelopment of the property , and where
there is no other reasonab le means of providing service ; or
5. Other work as deemed necessary by the City Eng ineer.
B. When granting an exception to a moratorium , the City Eng ineer may impose conditions
upon the permit as deemed necessary and appropriate to return the street or alley to its
pre-work condition . Such conditions may include the fo llowing :
1. Requ iring the method of resu rfacing best su ited to restore the surface to its pre-work
condition , which may include surface grinding and base and sub-base repairs ;
2. Requiring resurfacing to be extended beyond the width of the work area , up to and
includ ing a full lane width , half-street width , or full street width depending on the area
and nature of the work ;
3. Requiring resurfacing to be extended beyond the length of the work area up to the
width of one or mult iple properties , half block length , or full b lock length depending on
the area and nature of the work ;
4 . Considering multiple indivi dual cuts as one larger comb ined cut fo r the pu rpose of
determining the area to be resurfaced ;
5. Requiring full restorat io n of striping and monuments in the resurfaced area ;
6. Requ iring manhole and valve cover adjustments in the resurfaced area ;
Ordinance No . 18-1 031
Page 3 of 4
7. Requiring the working party to bear the full cost of plan review , construction inspect ion ,
material testing , bonding , 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. Requiring other work as deemed necessary to estab lish the opt ima l li mits of
resurfacing work in f urtherance of the following goals : minimizing pavement
degradation , ma intaining the structural integrity of the street, maintain ing a smooth
riding surface for all transportation modes, and limiting the visual impact of work and
maintaining public perception of street condit ion ."
SECTION 3: The City Council finds that th is Ord inance is not subject to the Ca lifornia
Environmenta l Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment ) and 15060(c)(3) (the activity is not a proj ect as defined in Section 15378).
SECTION 4: The City Clerk shall certify to the passage and adoption of th is Ordinance
and to its 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 this 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 forego ing
Ordinance No . 18-1031 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 20th day of February, 2018 , and was duly passed , approved and adopted
by said Council at the regular meeting held on the 6th day of March , 2018 , by the following vote:
AYES :
NOES:
ABSENT:
ABSTAIN :
Peggy Kuo , City Clerk