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ORDINANCE NO. NS- 2 3 9:
AN ORDINANCE AMENDING
OF CHAPTER 33 OF THE
MUNICIPAL C(
· IN THE PUBLIC
'( OF THE COUL'CIL
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS
The City Council of the City of Santa Ana (the "City") finds, determines and declares:
A. The City's regulation of excavations in the public right of way, such as streets
and sidewalks, was adopted 45 years ago. Although it has been amended from time to time, it is
appropriate and prudent to update the provisions of Article II of Chapter 33 to bring them more
into conformance with modem engineering practice.
SECTION 2.
Section 33-30 (Permit Required) of the City's Code is amended to read as follows:
It shall be unlawful for any person to make or cause to be made any excavation or any
other street improvement work in, on or under the surface of any public street, alley, sidewalk,
or any other public place for the installation, repair or removal of any pipe, conduit, duct,
tunnel, utility pole, or any other facility or installation or for any other purpose without first
obtaining from the director an excavation permit in compliance with this chapter. This
provision shall not apply to any of the officers or employees of the City under the direction of
the various City departments or his or her authorized representative.
SECTION 3.
Section 33-30.5 (Definitions) is hereby added to the City's Code as follows:
For the purpose of this Article the following terms shall have the following meanings:
(a)
"Applicant shall mean the person applying for an excavation permit, as well as a
person owning the facility or installation for which the excavation will be made.
(b)
"Article" shall mean this Article II of Chapter 33 of the Santa Ana Municipal
Code.
(c) "Department" shall mean the Public Works Agency.
(d) "Deposit" shall mean any bond, cash deposit, or other security provided by the
- Applicant in accordance with Section 33-32.3 of the Article.
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(e)
(g)
(h)
(i)
(J)
(k)
"Director" shall mean the Executive Director of the Public Works Agency for the
City of Santa Ana or his or her author!zed representative.
"Excavation" shall mean any work in the surface or subsurface of the public
right-of-way including, but not limited to, opening the public right-of-way;
installing, servicing, repairing or modifying any facility or facilities in,. on or
under the surface or subsurface of the public right-of-way.
"Facility or Facilities" shall include, but not be limited to, any and all cables,
cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes,
pipes, pipelines, splice boxes, surface location markers, tracks, runnels, utilities,
vaults and other appurtenances or tangible items owned, leased, operated or
licensed by a owner or person that are located in the public right-of-way.
"Owner" shall mean any person, including the City, who owns the facility, or
facilities that are or are proposed to be installed and maintained in the public
right-of-way.
"Permit" or "Permit to Excavate" shall mean a permit to perform an excavation.
"Permittee" shall mean the person to whom an excavation permit is issued, as
well as the person owning the facility or installation for which the excavation
permit is issued.
"Person" shall mean any person,
agency or other
performing an
entity,
SECTION 4.
Section 33-31 (Same-Fees) of
Fees for permits to perform
the City Council shall establish by resolution.
SECTION 5.
S~
shall be charged in amounts which
Section 30-32 (Requirements) of the City's Code is hereby amended to read as follows:
(a) Before issuing an excavation permit, the director shall require a written
application on a form furnished by the director, setting forth:
(1) The name and residence or business address of the applicant;
(2) The location and approximate area of the excavation, including its
approximate length and width, and, if the excavation is in a street, whether it is
parallel or transverse to the direction of the travel lanes; and,
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(3) The propose of the excavation.
(4) The proposed start date
(5) A current business license issued
(6) Evidence of insurance as required
(7) A deposit as required by section 33-32.3.
(8) A traffic control plan to be approved by the City Traffic Engineer.
(9) The applicant shall attach to the application form a scaled plan per
director's requirement showing the location of the proposed excavation, the
method of excavation, the facilities to be installed, to be maintained or repaired
in connection with excavation, the dimensions thereof, and any other details the
director may require. The director may establish different requirements for
blanket permits issued under section 33-32.15 of this chapter.
(b)
At the time the permit is issued, the applicant shall pay a nonrefundable fee in an
amount established by resolution of the City Council to defray the City's costs to
process the application and to inspect the excavation.
(c)
At the time any permit is issued for excavation of a paved street, the applicant
shall pay a trench cut fee in addition to the fee required by section (b), above.
(d)
Except for requirements subject to the exclusive jurisdiction of another
regulatory agency, the location, depth and other physical characteristics of any
facilities for which an excavation permit is issued shall be subject to approval of
the director, and all backfilling, compaction and pavement restoration performed
for any excavation shall comply with the requirements of the director.
(e)
In the event that relocation is required by the City to accommodate a proper
governmental use of the street, alley, sidewalk or other public place, no fee or
requirement authorized or imposed pursuant to this chapter shall be construed to
affect or alter in any way any obligation of the public and private utilities with
facilities installed in any street, alley, sidewalk or other public place to relocate
the facilities at no cost to the City.
SECTION
Sections 33-32.1 through 33-32.21 are hereby added to Chapter 33 of the City's Code as
follows:
Section 33-32.1 Issuance.
(a)
Upon receiving a written application for an excavation permit and plan, the
director shall set forth all requirements, approve or disapprove the application,
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section 33-32.14, Emergency Ext:avations and secti~. ~, ~-3~,~[5t~l~ank~t Permits,
at least one (1) working day ~rior,
telephone the Development Eng~ee~c~o~ of ~eff~blic~r~enc~
request a pe~it number, info~in~t~he dat~
Upon approve, a pe~a - -
sh~l be sent to the applic~t.
(b)
No permit shall be transferable. A permit shall be void unless the excavation to
be made pursuant thereto is commenced within thirty (30) working days from the
date of its issuance.
(c)
Each permit shall state a time period for completion of all the work to be done
thereunder. After said date, the permit shall be void unless the director has
granted an extension of time for good cause.
(d)
No person in violation of any requirement of this chapter shall be issued an
excavation permit, nor shall any contractor or agent apply for or be issued an
excavation permit on the person's behalf, until the outstanding violation is
corrected or a plan for correction is approved by the director, which approval
shall not be unreasonably withheld. The foregoing requirement is in addition to
any penalty or remedy for violation that may be imposed or sought by the City at
law or equity.
Section 33-32.2 Permit to be Available at Excavation Site.
The permit or a photo duplicate shall be available for review at the site of the excavation
for the duration of the excavation and shall be shown, upon request, to any police officer or any
employee of the City with jurisdictional responsibility over activities in the public right-of-way.
Section 33-32.3 Deposit.
Each applicant shall submit and maintain with the City a bond, cash deposit, or other
security (the "deposit") acceptable to the director securing both the faithful performance of the
obligations of the permitee under any permit(s) to excavate and the compliance with all terms
and conditions of this Article. Exceptions shall be made for applicants whose value of street
work is $15,000.00 or less. The deposit shall be in the sum of twenty-five thousand dollars
($25,000.00) in favor of the "Public Works Agency, City of Santa Ana." Excavators and other
frequent applicants may submit a single deposit for multiple excavations so long as a constant
balance of twenty-five thousand dollars ($25,000.00) is maintained on file with the City. If the
director has deducted from such a deposit pursuant to section 33-32.4, the utility excavator or
other frequent applicant must restore the full amount of the deposit prior to the department's
issuance of a subsequent permit.
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Section 33-32.4 Collection and Return of Depo
(a)
CO)
Collection of Deposit and ~ees. for
billing, collection, and refund of
for in this Article.
CO[J[',:OIL I
Deductions from deposit. The director may make deductions from the balance of
a permittee's deposit(s) to ensure the faithful performance of the obligations
under a permit to excavate, to pay fees, to offset the costs for any excavation
done or repairs made by the department, or to pay any assessed penalties or costs
associated with violations of this Article.
(c)
Retention of deposit for three (3) years. Each deposit made pursuant to Section
33-32.3 shall be retained by the City for a period of three (3) years after the
satisfactory completion of the excavation to secure the obligations in the permit
and this Article.
(d)
Return of Deposit. Upon expiration of three years from the satisfactory
completion of the excavation, a permittee's deposit(s), less the deductions made
pursuant to Subsection (b), shall be returned to the permittee or to its assignees.
Section 33-32.5 Compliance with Safety Regulations.
The permittee shall be responsible to comply with all current federal, state and local
safety regulations and requirements.
Section 33-32.6 Excavations Not in Accordance with Permit Declared Unlawful.
(a)
It shall be unlawful for any person to make or cause to be made any excavation or
to install or cause to be installed any tank, pipe, conduit, duct, tunnel, utility pole
or other utility or appliance in or under the surface of any public street, alley,
sidewalk or other public place at any location, other than that described in the
application for the excavation permit and as shown on the plans filed with the
director, and in accordance with the requirements of the permit. If the
circumstances appearing after the excavation is commenced make it impossible to
comply with the permit, the director may grant a waiver to take the circumstances
into account.
Co)
Failure to comply with requirements set forth in this Chapter or on any permit
shall be cause for revocation of the permit until the violations have been corrected
or alternative requirements have been approved by the director.
Section 33-32.7 Restoration of Pavement, Traffic Loops, and Pavement Markings.
Restoration of the asphalt pavement, traffic loops, pavement markings, legends and
stripes of any street, alley or other public place shall be performed by permittee. Nothing in this
section shall relieve the person opening or tearing up any pavement from the responsibility to
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maintain the excavation or installation in a
restored.,
Section 33-32.8 Opening, Backfilling and P
(a)
,afe condition unt!l
No trench shall be opened in ~ ' :~::~ .%r ~: p~c~.
or ducts more ~ fo~ h~ed (400) feet in advice of the pipe, cond~t or
ducts being placed in ~e Wench, except when ~e prior ~i~en consem of ~e
director has been obtdned.
(b)
(c)
Each permittee shall cover open excavation with non-skid surface steel plates
ramped to the elevation of the contiguous street, pavement or other public right-
of-way or otherwise protected in accordance with guidelines prescribed by the
department.
All excavations shall comply with the standards and requirements established by
the director for compaction, backfill and pavement restoration. The standards and
requirements may impose different requirements for different excavations, taking
into consideration relevant factors, such as (i) the location, type and extent of
excavation performed (ii) the condition of the surface being excavated, (iii) the
period of time elapsed since the construction or most recent resurfacing of the
surface being excavated, and (iv) the average daily traffic volume and truck
volume.
(d)
The old torn up pavements and other rubble shall be removed, together with any
surplus excavated material, within one (1) working day from the time such
material is placed upon the street, provided that exceptions to this requirement
may be approved by the director. After backfilling is completed, and prior to
repaying the cut, the contractor or permittee shall remove all loose paving
material and trim the edges of the excavation at the street surface to the
satisfaction of the director.
(e)
Whenever any caving in the sidewalls of any excavation, the pavements above
such caving shall be cut away. In no case shall any void under a pavement be
filled by any side or lateral tamping.
Section 33-32.9 Cleaning Up Streets.
In every case and at all times the work of removing from the streets all obstructions,
surplus materials, debris, graffiti and waste matter of every description caused by and
accumulated from the excavation shall be the responsibility of the permittee and shall be done in
a manner deemed satisfactory to the director. Excavation sites shall be cleaned at the
completion of each workday. In addition, the permittee shall remove all excavated material
from the site of the excavation no later than the end of each workday.
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Section 33-32.10 Repro:
Each permittee that excavates or causes to
way shall be responsible to maintain, repair, or
maintain a condition acceptable to the director
reconstructed, repaved, or resurfaced
Section 33-32.11 Subsurface or Pavement Failures.
In the event that subsurface material or pavement over or immediately adjacent to any
excavation should become depressed, broken, or fail in any way at any time after the excavation
has been completed, the director shall exercise his or her best judgement to determine the
person(s) responsible, if any, for the failure in the subsurface or surface of the public right-of-
way and shall designate such person as the responsible party. The director shall notify said
person(s) of the condition, its location, and the required remedy, and such person(s) shall repair
or restore, or cause to be repaired or restored, such condition to the satisfaction of the director
within five (5) working days of the notification. The director may extend the time for the
responsible party to repair or restore the affected public right-of-way.
Section 33-32.12 Repair by the Department.
(a)
In the event that any person(s) fails, neglects, or refuses to repair or restore any
condition pursuant to the director's notice as set forth in section 33-32.11, the
director may repair or restore, or cause to be repaired or restored, such condition
in such manner as the director deems expedient and appropriate. The person(s)
identified by the director as the responsible party shall compensate the City for
any costs associated with the administration, construction, consultants,
equipment, notification, remediation, repair, restoration, or any other actual costs
incurred by the City that were made necessary by reason of the repair or
restoration undertaken by the department. The cost of such work also may be
deducted from the permittee's deposit pursuant to section 33-32.4 or the director
shall revoke the applicants permit and only reissue the permit or any future
permits until all repair work done by the City has been reimbursed. The
director's determination as to the cost of the repair or restoration performed shall
be final.
Co)
Subject to the limitation set forth in section 32-33.16, repair or restoration by the
department in accordance with this section shall not relieve the person(s) from
liability for future pavement failures at the site of the repair or restoration.
Section 33-32.13 Emergency Remediation by the Department.
(a)
If, in the judgement of the director, the site of an excavation is considered
hazardous or if it constitutes a public nuisance, public emergency, or other
imminent threat to the public health, safety, or welfare that requires immediate
action, the director may order the condition remedied by a written, electronic, or
facsimile communication to the person(s) responsible, if any, for remedying the
condition and shall designate such person as the responsible party.
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(b)
If the responsible party is tccess~b,~,~,fadsI~:n,eglo/etsS-or reluses to. ]~ake
immediate action to remedy (e ~,[t~o'~ ~ spe'~ifi~~ in ~sa_id con~uni~a~
the director may remedy the c .nd~ause the cen~_?.~._?~'~. ~_,ya_~a in
such manner as the director ( ~em'~ ~xpedient and ~. ~g~td~ C~°~er~nn(s)
identified by the director as the responsible party shall compensate the City for
any reasonable costs associated with the administration, construction,
consultants, equipment, inspection, notification, remediation, repair, restoration,
or any other actual costs incurred by the department that were made necessary by
reason of the emergency remediation undertaken by the department. The cost of
such work also may be deducted from the permittee's deposit pursuant to section
33-32.4 or the director shall revoke the applicants permit and only reissue the
permit or future permits when all repair work done by the City has been
reimbursed. The director's determination as the cost of any remediation
performed shall be final.
(c)
Subject to the limitation set forth in section 33-32.16, remediation by the
department in accordance with this section shall not relieve the person(s) from
liability for future pavement failures at the site of the remediation.
Section 33-32.14 Emergency Excavations.
Nothing in this chapter shall be construed to prevent any person maintaining any pipe,
conduit, or duct in or under any street, alley, sidewalk, or other public place by virtue of any
law, ordinance or permit, from making such excavation as may necessary for the preservation of
life or property when the necessity arises, provided that the person making the excavation shall
notify the director within one (1) day after the officcs of the City are first opened subsequent to
the excavation. Except as specifically provided otherwise in this Chapter, excavations
authorized by this section shall be subject to ail fees and requirements of this Chapter.
Section 33-32.15 Blanket Permits.
The director may issue blanket permits to any person to make excavations for utility
service connections, for the location of trouble in utility conduits or pipes and for making
repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis
only, and shall authorize only excavations referred to in this section. Except as specifically
provided otherwise in this chapter, excavations authorized by this section shall be subject to all
fees and requirements of this chapter.
Section 33-32.16 Liability of City.
Pursuant to the protections of the California Tort Claims Act, neither the City nor any
officer, agent, employee or volunteer thereof shall be held responsible for any damages caused
by any excavations in any street, alley, sidewalk or other public place made by any person under
the authority of a permit issued pursuant to the provisions of this Article. The permittee shall
be solely liable for any damage or loss occasioned by any act or omission occurring in
connection with excavation, and shall fully indemnify, hold harmless and defend City, its
officers, agents, employees or volunteers from and against any and all suits, actions,
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judgements, losses, costs, demands, claims, exI:
liabilities of every kind to which the City, its o
subjected to for injury of any type, death or,pro[
such act or omission. City shall promptly notif)
of any claim or suit served upon the City and
permittee in connectioa with an excavation.
Section 33-32.17 Notice for Marking of Subsurface Facilities.
In accordance with State law, any person excavating in the public right-of-way shall
comply with the requirements of the Underground Service Alert ("USA") regarding notification
of excavation and marking of subsurface facilities. Such person shall provide USA with the
assigned number for the permit to excavate or other information as may be necessary to
properly identify the proposed excavation.
Section 33-32.18 Abandonment of Underground Facilities, Reports and Maps.
Whenever any facility is abandoned in the public right-of-way, the person owning,
using, controlling or having an interest therein, shall, within thirty (30) calendar days after such
abandonment, file in the office of the director a statement in writing, giving in detail the
location of the facility or facilities so abandoned. Each map, set of maps, or plans filed shall
show in detail the location of each such facility or facilities abandoned subsequent to the filing
of the last preceding map, set of maps, or plans. The maps or plans shall be a scaled drawing
submitted in digital format on Mylar and on blueprint.
Section 3-32.19 Identification of Visible Facilities.
Each visible facility installed in the public right-of-way shall be clearly identified with
the owner of the facility. The department shall adopt orders or regulations to specify other
appropriate methods for identification.
Section 33-32.20 City's Obligation.
In undertaking enforcement of this Article, the City is assuming an undertaking only to
promote the general welfare. It is not assuming, nor is it imposing on its officers, agents,
employees and volunteers an obligation for breach of which it is liable in money damages to
any person who claims that such breach proximately caused injury.
Section 33-32.21 Additional Requirements.
(a)
All utility installations permitted under this chapter shall, upon demand of the
director, be relocated or lowered if required by the City to avoid potential
conflicts with a proper governmental use of a street, alley, sidewalk or other
public place. All expenses incurred in relocating, lowering lines, pot-holing or
marking of facilities to determine their exact location after the original
installation shall be paid for by the permittee.
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(b) Upon
and at
locations of all elements
during construction. The
Mylar and on blue print.
on
(c)
Private parties and non-public utilities shall comply with the following additional
requirements:
(1)
Permittee shall take out, pay for and maintain during the period in which
the permit is in effect, a policy of public liability and property damage
insurance protecting permittee, permittee's agents and employees against
any liability, injury or death sustained or suffered by the public or
damage to the property of the public by reason of the work carried on
under the permit. The public liability insurance shall be for the limits of
at least for injury to one (1) and for injury to more than one (1) person,
and the property damage insurance limit. The insurance shall be placed
with a company satisfactory to the Risk Management Division of City,
prior to the date that work under the permit is commenced. The policy or
policies of insurance shall name the City, its officers, agents, employees
and volunteers as additional insured and shall contain an endorsement
precluding cancellation or reduction in coverage without giving the Risk
Management Division at least thirty (30) days written notice prior thereto.
(2)
If required on the face thereof, the permit shall not be effective for any
purpose unless and until the permittee files with the Risk Management
Division a corporate surety bond or other security approved by the Risk
Management Division in the amount specified on the face of the permit,
said bond or other security to fully assure the performance by permittee
of all obligations imposed upon permittee under the provisions of the
permit and this chapter.
SECTION 7.
Section 33-54 (Preservation of Newly Constructed and Reconstructed Arterial Streets)
of the City's Code is hereby amended to read as follows:
Sec. 33-54. Preservation of newly constructed and reconstructed arterial streets.
In order to preserve the ride quality, structural integrity and appearance of newly
constructed or reconstructed arterial streets, the following conditions are hereby imposed:
(1) Cutting or opening arterial streets.
(a)
Newly constructed or resurfaced arterial streets shall not be cut or opened
for a period of five (5) years following construction or resurfacing, except
in the case of emergency or imminent peril to life, limb or property, as
determined by the city engineer.
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(2)
(3)
(4)
(5)
(b)
Upon a showing of good
constructed or resurfaced
expiration of the five
resurfacing. Any
the city engineer.
Connection of service lateral. For new utilities' service laterals, a maximum
street opening of four (4) feet by four (4) feet may be made directly over the
utility for purposes of connecting the service lateral. Notwithstanding the
foregoing, the lateral itself shall be bored or jacked from the property line of the
property being serviced.
Compliance with construction requirements. All street openings, trenching,
backfilling and resurfacing shall at all times comply with the City of Santa Ana
Standard Plans, as specifically approved in writing by the city engineer.
Requirement of permit. All street openings shall be subject to the then-current
street work permit requirements and fees.
Appeal. An applicant shall have the right to appeal any decision of the director of
public works under this section 33-54 pursuant to the provisions of Chapter 3 of
the Santa Ana Municipal Code.
ADOPTED this
ATTEST:
__ day of ., 1999.
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Pulido
Bist
Christy
Franklin
Lutz
McGuigan
Moreno
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Assistant City Attorney
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CERTIFICATE OF ORIGINALITY & PUBLICATION
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
to be the original ordinance adopted by the City Council of the City of
Santa Ana on .; and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: _, 1999
Clerk of the Council
City of Santa Ana
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