HomeMy WebLinkAbout80-02 Amending Title 15, Updating Chapter II work on, or Affecting Streetse
ORDINANCE N0. 0 O -.a-
AN ORDINANCE OF L E CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING TITLE 15 OF THE COSTA
MESA MUNICIPAL CODE UPDATING CHAPTER II WORK
ON OR AFFECTING STREETS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLI-aiS:
SECTION 1: The City Council of the City of Costa Mesa hereby finds and
declares as follows:
1. That due to organizational changes in the Public Services Department,
the Engineering Division, rather than the Streets and Sanitation Division, now
issues and processes all Public R/W Excavation and Construction Permits thereby
requiring changing all references in the subject Code sections from "Street
Superintendent" to "City Engineer."
2. That existing City policy has divided permits into two classifications,
"Type A" (owner builder) and "Type B" (licensed contractor required) deeming it
appropriate that the differences between these permits be defined in the Code,
as well as the respective insurance requirements for each.
3. That to minimize future Code changes and provide the Council with
more flexibility with respect to updating permit fees, all fee references shall
be in general terms only, with specific amounts established by resolution.
4. That minor changes are needed in Section 15-25 to include name of the
perma t recuired and Section 15-27 to reword the indemnity requirement.
NOW, THEREFORE, the Costa Mesa Municipal Code, Title 15, Chapter II, work
on or affecting streets is hereby amended by the addition of Sections 15-25.1,
15-25.2, 15-26.1, 15-27.1, the rewording of Sections 15-31, 15-25, 15-27, and
the substitution of "City Engineer" for "Street Superintendent" in Sections
15-27, 15-28, 15-29, 15-30, 15-32, 15-33, 15-35, 15-36, 15-37, 15-38, 15-39,
15-40, 15-41, 15-42, 15-43, 15-46, 15-47, 15-48, 15-49 and 15-52 causing
Chapter II to read as follows:
SECTION 2: "Chapter II WORK ON OR AFFECTING STREETS"
Section 15-25. Permit required.
No person shall make any excavation, tunnel or bore in or under the
surface of any street, construct, erect, place or repair any facility or equip-
ment in, upon, along, across, under or over any street, or remove any facility
or attached equipment from any street; repair, construct, reconstruct, erect
or make anv street betterment in, upon, along, across, under or over any street
or remove any street betterment from any street when such work is done or per-
formed by or at the instance and request of the owner of the real property
abutting said street, where such street betterment is to be repaired, con-
structed, reconstructed, erected, or made or removed; destroy or remove any
street improvement in, upon, along, across, under or over any street; construct,
leave, place or maintain any obstruction in, upon, along, across, or over any
street; drive or operate a vehicle over any curb or sidewalk located upon any
street at a point other than where a driveway has been constructed or otherwise
approved unless he shall have first obtained a permit as provided in this
chapter; provided, however, that no permit shall be required for or in
connection with the installation of poles, guys, anchors or appurtenances used
or constructed and used under a franchise for public utility purposes where
such poles, guys, anchors and appurtenances are located outside the paved or
traveled portion of the street; and provided further that the location of all
poles shall be approved first with the City. The permits re-quired by this
section are entitled: "Public Right of Way Excavation and Construction Permit,"
and are further classified as "Class A" and "Class B" per Sections 15-25.1 and
15-25.2. (Code 1960, §7200)
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Section 15-•25.1 Class A Permits (Owner Builder).
A Class A permit will be issued under the following circumstances and
requirements:
(a) The work to be performed is limited to residential sidewalk, resi-
dential drive approach (only if using an existing curb depression)
and curb drains (only if the coring of a hole in the curb is done
by a licensed contractor.)
(b) The applicant does not need a State contractor's license or a City
business license.
(c) Insurance requirements per Section 15-27.1 must be complied with.
(d) Applicant must, in addition to issuance and inspection fees, submit
a cash deposit in an amount determined by the City Engineer, to
insure compliance with the permit conditions and the satisfactory
completion of the work for which the permit was issued.
Section 15-25.2 Class B Permits (Licensed Contractor).
A Class B permit will be issued under the following circumstances and
requirements:
(a) A Class B permit is required for all work performed in the public
right-of-way which is not limited to the scope of a Class A permit
[see Section 15-25.1(a)], or exempted by Section 15-25.
(b) The applicant is required to be licensed by the State of California
to perform the type of contracting work stipulated on said permit.
The applicant also must have a City business license prior to
issuance of any Class B pernit.
(c) Insurance requirements per Section 15-27.1 must be complied with.
(d) Applicant must submit a cash deposit or bond in an amount determined
by the City Engineer, to insure compliance with the permit conditions
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and the satisfactory completion of the work for which the permit is
issued.
Section 15-26 Time for Filing Application for Permit.
Applications for permits required by this chapter shall be filed not less
than forty-eight (48) hours before the work is proposed to be done. (Code 1960,
§7201)
Section 15-26.1 "City Engineer" defined.
Wherever in this chapter the term, "City Engineer" is used, it shall mean
the Director of Public Services/City Engineer or his designated representative.
Section 15-27 Form of Application.
Applications for permits required by this chapter shall be filed with the
City Engineer upon printed forms to be prescribed and supplied by him.
The application shall be signed by the applicant and shall state:
(a) The name and address of the applicant.
(b) The location, nature, purpose and extent of the proposed obstruction.
(c) The time during which it is estimated that the excavation, fill or
obstruciton will exist.
(d) That the applicant, if his permit is granted agrees to indemnify,
protect, defend, and hold harmless the City, its elective and
appointive, boards, officers, agents and employees from any and
all claims, liabilities, expenses or damages of any nature, including
attorney fees, for injury to, or death of, any person, and for injury
to any property, including consequential damages of any nature
resulting therefrom, arising out of or in any way connected with
the performance of the work for which the permit is obtained by, or
on behalf of, the applicant, including damages resulting, or allegedly
resulting, (a) from concurrent, but not sole, negligence by act or
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omission by City, its elective or appointive boards, officers,
agQnts or employees in connection with supervision or direction
of the work, and (b) from violation of any statute, law, regulation
or other legal requirement concerning a safe and healthful place of
employment for workers.
(e) That the applicant agrees that if any tank, pipe, conduit, duct,
tunnel or other installation of any nature or kind placed in the
excavation, fill or obstruction for which the permit is issued shall
at any time in the future interfere with the use, repair, improve-
ment, widening or change of grade of the street, the applicant or
his successors or assignees, within ten (10) days after receipt of
a written notice from the City Engineer to do so, will, at his own
cost, either remove such tank, pipe, conduit, duct, tunnel or other
installation or, subject to the approval of the City Engineer,
relocate them to a site which may be designated by the City Engineer.
(f) That the applicant has read, understands and will comply with the
City standard specifications manual of warning signs, lights and
devices for use in work upon highways.
(g) Any additional information which the City Engineer may deem neces-
sary for the proper disposition of the application. (Code 1960,
97202; Ord. No. 66-9, 3-7-66.)
Section 15-27.1 Insurance Requirements.
(a) The applicant shall maintain at all time when performing work in the
City right-of-way, appropriate insurance policies, as stipulated in
15-27.1(b) and (c), covering Workers Compensation and Public
Liability and Property Damage.
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(b) To perform Class B permit work the applicant shall comply with the
liability insurance requirements described in Section 7.3 of the
current edition of "Standard Specifications for Public Works Con-
struction." (Section 15-2). In addition, the insurance coverage pro-
vided to City shall be primary and not contributing with any insurance
maintained by City. Certificates of Insurance and any other requested
evidence shall be provided to City for its approval to show compliance
with these insurance requirements. No Public Liability and Property
Damage insurance is required for a Class A permit.
(c) To perform either Class A or Class B permit work, the applicant
shall submit a Certificate of Insurance to verify Workers Compensa-
tion Insurance coverage.
Section 15-28 Plat Required.
The application for a permit required by this chapter shall be accom-
panied by a plat showing the location, dimension, nature of the proposed
excavation, obstruction or fill, and any other detail which the City Engineer
may require. (Code 1960, §7203)
Section 15-29 Proof of Right to Use Street.
Each applicant for a permit shall submit to the City Engineer satisfactory
proof of the applicant's right to use the street for the purpose set forth in
the application. (code 1960, §7204)
Section 15-30 Modification of Application Authorized.
The City Engineer may require such changes in the application respecting
the location, dimensions, character or number of the proposed excavations,
fills or obstructions as in his opinion may be necessary for the protection of
the street, the prevention of undue interference with traffic, or to assure the
safety of persons using the street. (Code 1960, §7205)
Section 15-31 Permit Issuance Fee.
Each application for a permit required by this chapter shall be accom-
panied by an issuance fee established by the City Council, by a separate reso-
lution, no part of which shall be returned to the applicant regardless of the
action taken on the application.
Section 15-32 Special Deposit of Costs or Bond Required.
(a) Unless the City Engineer shall have authorized the applicant under
this chapter to perform the resurfacing or repair of the surface of
the street which may be removed in part of damaged by the proposed
excavation, fill or obstruction, each applicant shall, in addition
to the issuance fee deposit with the City Engineer the estimated
cost of resurfacing or repairing the surface of the street which
may be damaged or destroyed. The special deposit required here-
under shall in no event be less than ten dollars ($10.00).
The estimated cost shall be determined by the City Engineer by
multiplying the number of square feet of surface which may be
damaged, as shown by the application, by the cost to the City per
square foot.
(b) In cases where the applicant is granted authority to make the
repairs under this chapter, the City Engineer may, in order to
insure the completion of said repairs in a satisfactory -Tanner,
require the applicant to furnish a surety bond. Such bond shall be
executed by a surety company authorized to transact business in the
State of California and shall be in an amount equal to twice the
esti^-ated cost of performing the work authorized; provided, however,
that the minimum amount of said bond shall not be less than one
thousand dollars ($1,000.00), nor the minimum period less than one
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year. The cor0ition of said bond shall be that the applicant will
perform the work authorized by any permit issued pursuant to this
chapter in a good and wor',amnlike manner and to the satisfaction of
the City Engineer.
(c) Whenever an applicant is authorized -to make or perform any portion
of the necessary repairs to any street pursuant to this chapter,
he shall, in addition to other fees and costs, be required to pay
the actual engineering and inspection costs incurred by the City
to insure the making of repairs in a workmanlike and satisfactory
manner. Th secure the payment of such costs, the applicant shall
in addition to the permit fee and other fees required by this
chapter, deposit with the City Engineer an amount estimated by the
latter to be equal to twice the actual cost of all necessary
engineering and inspection costs. Engineering and inspection costs
shall include the wages of the engineer or inspector for the time
actually spent in connection with the permittee's operation, plus
expenses of transportation, plus fifteen (15) per cent of the total
wages to cover overhead items. The deposit required under this
subsection may, with the approval of the City Engineer, be effected
through a charge against or deduction from any funds maintained as
a "general deposit" authorized by Section 15-33 or with the approval
of the City Engineer. The payment of said fees may be secured
through any surety bond posted by the applicant under the provisions
of this chapter. (Code 1960, §7208)
Section 15-33 Right of Applicant to Make General Deposit or Bond.
(a) In lieu of making the special deposit required by Section 15-32, the
applicant may rake and maintain with the City Engineer a general
deposit in an amount estimated by the City Engineer to be sufficent
to pay for the cost of permit issuance fees and expected repairs
occasioned by future excavations or obstructions, but not to exceed
five hundred dollars ($500.00).
(b) In lieu of the special deposit required by Section 15-32 or of
making the general deposit as provided for in subsection (a) of this
section, the applicant may, with the approval of the City Engineer
furnish a surety bond conforming in all respects to the requirements
for surety bonds set forth in subsection (b) of Section 15-32,
except that the condition of such bond shall be that the applicant
will pay to the City, upon demand, all fees, costs or charges
incurred by or due the City under the provisions of this chapter.
(Code 1960, §7209)
Section 15-34 Computation of Costs.
Wherever in this chapter any costs are to be charged to any permittee
and no other method for the calulation thereof is specified, such costs shall be
the actual cost, including the proportionate part of the salaries, wages or
other compensation of any deputy or employee, plus the cost of overhead, not to
exceed fifteen (15) per cent of the total costs. (Code 1960, §7210)
Section 15-35 Exemption of Public Agencies from Deposits, Fees.
If the United States, this state, this or any other county, any municipal
corporation, school district or other public body files with the City Engineer
a written guaranty of payment of all costs for which they may become liable to
the City hereunder, then no deposit for costs shall be rewired from such
persons. lb permit issuance fee shall be required of any public agency entitled
to exemption therefrom pursuant to Section 6103 of the Goverment Code of the
State of California. (Code 1960, 5,7211)
Section 15-36 Issuance of Permit.
If the applicant for a permit under this chapter complies in all respects
with this chapter and with all other applicable laws, rules, regulations or
ordinances of the City or of any other public agency, and pays the fees and
deposits required by this chapter, the City Engineer shall approve the applica-
tion and issue the permit. (Code 1960, §7212)
Section 15-37 Conditions of Permit.
Any permit issued pursuant to this chapter shall be subject to the follow-
ing conditions which shall be stated thereon:
(a) The permit must be kept at the site of the work and shall be shown,
on demand, to any authorized representative of the City or any law
enforcement officer.
(b) The permit shall authorize work to be performed only as to such
portion of the street over which the City has jurisdiction.
(c) All work shall be performed in accordance with the provisions of
this chapter and of all applicable laws, rules and regulations of
the City and any other public agency, and to the satisfaction of the
City Engineer.
(d) The permit shall be nontransferable.
(e) The City Engineer may cancel the permit unless the work authorized
thereon is commenced within thirty (30) clays of the issuance of the
permit and thereafter, in the opinion of the City Engineer is
diligently prosecuted to completion. Cancellation may be effected
by giving written notice thereof by sending the same- to the appli-
cant- by
ppli-cant-by ordinary mail to the address shown on the application.
(f) The City Engineer, may, either at the time of the issuance of the
permit or at any time t1hereafter until the completion of the work
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prescribe such additional conditions as he may deem reasonably
necessary for the protection of the street or for the prevention
of undue interference with traffic or to assure the safety of
persons using the street. (Code 1960, §7213)
Section 15-38 Compliance with Terms of Permit, Chapter Required.
A permittee shall not mare or cause to be made any excavation, or
construct, place upon, maintain or leave any obstruciton or impediment to
travel, or pile or place any material in or upon any street, or install or
maintain any tank, pipe, conduit, duct or tunnel in, upon or under the surface
of any street, at any location, or in any manner other than that described in
the application as approved by the City Engineer or contrary to the terms of
the permit or of any provision of this chapter. (Code 1960, §7214)
Section 15-39 Duty to Restore Street upon Completion of Work.
(a) Immediately upon completion of the work necessitating the excavation
or obstruction authorized by any permit issued pursuant to this
chapter, the permittee shall promptly and in a workmanlike manner
refill the excavation or remove the obstruction to the satisfaction
of the City Engineer.
(b) If any permittee fails or refuses to refill any excavation which he
has made or to remove any obstruciton which he has placed in any
street, the City Engineer may do so and the permittee shall promptly
reimburse the City the cost thereof.
Section 15-40 Resurfacing Specifications.
Upon caapletion of the refilling of the excavation and the removal of
the obstruction, the permittee shall promptly resurface or repair any portion
of the street surface removed or damaged by the excavation or obstruction, or
the City Engineer may, at his option, elect to do the resurfacing or recairing
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himself. Vbere the pavement or surface has been removed, the permittee shall
replace it to the thickness of one inch greater than that of the surrounding
pavement or surface and, in no event, to a thickness less than two and one-half
(2 1/2) inches. Where a treated or modified subgrade has been removed or
destroyed, the permittee shall replace it to athickness of not less than that
of the surrounding or adjacent subgrade or surface, unless the City Engineer
orders that the repair of such treated or modified subgrade or surface shall be
made by an oil and rock mixture, in which case the thickness shall not be less
than one half the thickness of the treated or modified surface or subgrade.
(Code 1960, §7216)
Section 15-41 Cost of Resurfacinq to be Borne by Permittee.
If, after the refilling of an excavation, the permittee fails or refuses
to resurface or repair that portion of the surface of the street damaged by him,
or if the City Engineer has elected to do such resurfacing or repairing, the
City Engineer shall do so and the permittee shall be charged with the cost
thereof computed by the City Engineer as provided in Section 15-32 or Section
15-34, whichever, in the judgment of the City Engineer will most fairly compen-
sate the City for the expenses incurred by it. (Code 1960, §7217)
Section 15-42 City Engineer May Elect to Resurface.
'Ibe City Engineer may, either at the time of the issuance of the permit
or at any time thereafter, elect to do the resurfacing or repair of any street
surface removed or damaged by the proposed excavation or obstruction pursuant
to a permit hereunder. (Code 1960, 57206)
Section 15-43 Cost of Further Repairs to be Paid by Permittee.
If at any time subsequent to the first repair of a surface of a street
da^aged or destroyed by any excavation or obstruction of such street, it
becomes necessary again to repair the surface due to settlement or any other
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cause directly attributable to such excavation or obstruction, the permittee
shall pay to the City the cost of such additional repairs made by the_Street
Superintendent. The cost shall be computed by the City Engineer as provided
in Section 15-32. (Code 1960, §7218)
Section 15-44 Traffic to be Kept Open.
Trenching for installation across any intersecting roadway open to
traffic shall be progressive. Nbt more than one-half of the width of the
traveled way shall be disturbed at one time and the remaining width shall be
kept open to traffic by bridging or backfilling. (Code 1960, §7219)
Section 15-45 Standard Specifications for Warning Devices Adopted.
There is hereby adopted standard specifications of warning devices which
shall be know and referred to as "Construction Safety Orders," as published by
the state division of industrial safety, and also the "Work Area Traffic Control
Handbook" booklet published by Building News, Incorporated, in Los Angeles.
Section 15-46 Location, Depth of Pipes and Conduits.
All pipes and conduits laid parallel to the roadway shall be placed at
least five (5) feet from the edge of the pavement or graded traveled roadway,
unless otherwise authorized in writing by the City Engineer. The shallowest
portion of any pipeline or other facility shall be installed not less than
thirty (30) inches below the roadway surface. (Code 1960, §7221)
Section 15-47 Manner of Doing Work.
(a) In backfilling tere shall be no flooding of the trench within the
upper twenty-four (24) inches. All loose backfill shall be dampened
and well tar,,.:, --d with a pnewnatic tamper or any other woei'm-anlike
manner satisfactory to the City Engineer to reduce all settlement
to a minimim.
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(b) All excavated material shall be cast away from the improved portion
of the street. After the work has been completed, all excess
material, including excess excavation, shall be removed from the
right-of-way and the roadway left in a neat and orderly condition.
(c) All roadside drainage ditches shall be restored to a true grade and
the intake and outlet end of all culverts shall be left free from
all excess material and debris.
(d) All approaches to private driveways and intersecting roads and
streets shall be kept open to traffic at all times.
(e) Clay and earth which adhere to the paved surface of the roadway
shall be removed by hand -scraping, washing and sweeping, or by any
other method which will leave a clean nonskid surface without
impairing, injuring or loosening the surface.
(f) All muck or mud resulting from water or any leaky condition shall
be removed and the excavation backfilled with compactable material
which is most effective. (Gude 1960, §7222)
Section 15-48 Deductions from Deposit; Payment of Balance to Permittee.
(a) The City shall deduct from any deposit .made or maintained by the
permittee:
(1) The permit issuance fee if it has not otherwise been paid.
(2) The cost to the City of refilling any excavation or re owing
any obstruction.
(3) The cost to the City of resurfacing or re:aairing the street
calculated pursuant to the provision of Section 13-32 or Section
15-34.
(4) The cost to the City of any additional repairs as provided in
Section 15-34.
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(5) The cost of any inspection by the City Engineer made necessary
by the failuze of the permittee to comply with any provision
of this chapter or the terms or conditions of the permit.
(6) The cost of engineering and inspection as prescribed in
Section 15-32(c).
(b) After making the deductions specified above, the City shall, unless
the deductions are made from a general deposit, refund any balance
to the applicant in the same manner as provided by law for the
repayment of trust moneys. The balance remaining in the general
deposit shall be retained by the City Engineer and applied to
issuance fees and costs in connection with any future excavations,
fills or obstructions pursuant to a permit issued under this
chapter, unless a written demand for the balance is made by the
depositor, in which event, any balance therein shall be refunded
in the same _manner as provided by law for the repayment of trust
moneys. (Code 1960, §7223)
Section 15-49 Permittee to Pay Deficiency.
If any deposit is insufficient to pay all fees and costs provided for
under this chapter, the permittee shall, upon demand, pay to the City Engineer
an amount equal to the deficiency. (Code 1960, §7224)
Section 15-50 Effect of Failure to Pav Costs or Deficiencv.
If a permittee, upon demand, fails to pay any deficiency as provided in
Section 15-49 or shall fail to pay any other costs due the City hereunder for
which no de�acsit has been made, the City may recover the same by an action in
any court of competent jurisdiction. Until such deficiency or cost is paid in
full, a permit under this chapter shall not thereafter be issued to such
permittee. (Code 1960, §7225)
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Section 15-51 Compliance with Warning Device Specifications.
The permittee shall comply with the standard specifications of warning
devices and shall acknowledge in writing the requirement that he do so at the
time the permit is issued. (Code 1960, §7226)
Section 15-52 Emergency Permits.
Nothing in this chapter shall prohibit any person from making an excava-
tion as may be necessary for the preservation of life or property when such
necessity arises during such hours as the offices of the City are closed, if
the person making such excavation obtains a permit therefor within one (1) day
after the offices of the City Engineer are first opened subsequent to the
making of such excavation. (Code 1960, §7227)
Section 15-53 - 15-63 Reserved.
SECTION 3. This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage, and before the expiration
of fifteen (15) days after the its passage, shall be published once in the
Orange Coast Daily Pilot, a newspaper of general circulation, printed and
published in the City of Costa Mesa, together with the names of the members of
the City Council voting for and against the same, or in the alternative, the
City Clerk may cause the publication of a summary of the proposed ordinance and
the posting of a certified copy of its full text in the office of the City Clerk
at least five (5) days prior to the City Council meeting at which the proposed
ordinance is to be adopted and within fifteen (15) days after adoption the City
Clerk shall cause the publication of a summary of the adopted ordinance and the
posting of certified copy of the full text together with the vote for and against
it, in the office of the City Clerk.
DIU:fl
PASSED AND ADOPTED this day of , 1999.
ayor of the City of Llosta Mesa
ATTEST;
APPROVED AS TO FORM:
City Clerk of the City of Co a Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
CITY ATTORNEY'S OFFICE
sy: 7wx�� -
Thomas C. Wood, Assistant
City Attorney
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance
No. ffp - 2- was introduced and considered section bysection at a regular meet-
ing ofds -said City Council held on the a/ day of 197-9�^nd
thereafter passed and adoptAd as a whole at a regula meeting f said Council
held on the - day of � , 19.-&q �Oby the following roll call
vote:
AYES: COUNCIL MEMBERS:'
NOES: COUNCIL MEMBERS: J �
ABSENT: COUNCIL MEMBERS: �o1PhX
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 51%- day of , 1WT.
n
City Clerk and ex -officio Clerg of the
City Council of the City of C46ta Mesa
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