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HomeMy Public PortalAboutOrdinance 18-1031 Moratorium on Cutting Recently Resurfaced Streets' AN ORDINANCE TEMPLE CITY, TEMPLE CITY MORATORIUM STREETS. ORDINANCE NO. 18-1031 OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA, AMENDING TITLE 6 OF THE MUNICIPAL CODE TO ESTABLISH A ON CUTTING RECENTLY RESURFACED WHEREAS, The City of Temple City owns and maintains a street network comprised of approximately 71 miles 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; MR WHEREAS, The City of Temple City desires to prolong pavement integrity and minimize pavement degradation to maintain a safe and well-maintained street network; and WHEREAS, The City of Temple City has implemented a Pavement Management Program whereby funds are allocated each fiscal year to resurface streets for this purpose; and WHEREAS, Establishing a moratorium on cutting recently resurfaced streets will minimize roadway excavations and encourage contractors and utility companies to effectively plan their ' work and review potential conflicts in advance. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: The City Council finds that the facts set forth above are true and correct. SECTION 2: Title 6 of the Temple City Municipal Code (Public Highways, Sewer and Utilities) is hereby amended by adding a new Article C to Chapter 1 (Public Highways), inclusive of new Sections 6-1 C-0 and 6-1 C-1, to read as follows: "ARTICLE C. STREET CUTTING MORATORIUM 6-1C-0: MORATORIUM ON CUTTING RECENTLY RESURFACED STREETS A. No person or entity shall cut, trench, or otherwise disturb or open the surface of a public street or alley without first obtaining a permit from the City. B. The City shall not issue a permit to cut, trench, or otherwise disturb or open the surface of a public street or alley that is subject to a moratorium pursuant to Subsection C, unless the City Engineer grants an exception pursuant to Section 6-1C-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 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, chip seal, micro surfacing, or other surface seal to an extent covering 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 issued for a street that is subject to a moratorium pursuant to Section 6-1C-0 for the following 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 I 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 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 following: 1. Requiring the method of resurfacing best suited 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 including 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 multiple properties, half block length, or full block length depending on the area and nature of the work; 4. Considering multiple individual cuts as one larger combined cut for the purpose of determining the area to be resurfaced; 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. 18-1031 Page 3 of 4 I7. Requiring the working party to bear the full cost of plan review, construction inspection, 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 establish the optimal limits of resurfacing work in furtherance of the following goals: minimizing pavement degradation, maintaining the structural 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 condition." SECTION 3: The City Council finds that this Ordinance is not subject to the California Environmental 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 project as defined in Section 15378). SECTION 4: The City Clerk shall certify to the passage and adoption of this 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 6'" day of March, 2018. ATTEST: P Peggy Kuo, City Clerk thia Sternquist, Mayor APPROVED AS TO FORM: 4�91 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 20'" day of February, 2018, and was duly passed, approved and adopted by said Council at the regular meeting held on the 6"' day of March, 2018, by the following vote: AYES: Councilmember— Chavez, Fish, Yu, Man, Sternquist NOES: Councilmember— Mone ABSENT: Councilmember— None ABSTAIN: Councilmember— None Peggy Kuo, City Clerk I'