1 RESOLUTION NO. 2022
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ESTABLISHING THE
AMOUNT OF THE PAVEMENT TRENCH CUT
FEE AND ADDING SAID FEE TO THE PUBLIC
WORKS FEE SCHEDULE
WHEREAS, the City owns and maintains approximately 582 centerline m iles of pavement with an average Pavement Condition Index ( “PCI”) of 70 (out of 100) and a condition category of “fair;” as indicated in the 2021 Pavement Management Plan Update and WHEREAS, excavations for trenches in the C ity’s streets degrade, shorten the life, and reduce the PCI of the streets even when the excavations are patched and repaired in conformity with current City standards and requirements; and
WHEREAS, s tudies performed on streets in the cities of Austin, Kansas City, Burlington, Cincinnat i, Los Angeles, Sacramento, Phoenix, and San Francisco, all have concluded that excavations in paved streets degrade and shorten the lif e of the surface of the streets; and
WHEREAS, studies performed on streets in the cities of Los Angeles, San Francisco and Sacramento concluded that this degradation occurs no matter how well the excavation is restored; and
WHEREAS, the studies performed determined that even if pavement restoration in the trench itself is structurally adequate, excavations reduce the strength and life of the pavement; and
WHEREAS, in order to determine the extent to which the pavement degradation found by studies in other cities occurs in the City of Anaheim (the "City"), the City retained Nichols Consulting Engineers, Chtd ( “NCE”) to assess and quantify pavement damage caused by utili ty cuts in the City of Anaheim; and
WHEREAS, NCE evaluated both the structural and functional damage at 20 test sites with varying functional classes and pavement ages within the City, and revi ewed typical s treet cut permits; and
WHEREAS, key findings of the study included: Sixty -five percent of test sites exhibited structural damage in the cut or zone of influence; Forty-five percent of test sites needed an average additional overlay thickness of 3.1 inches in the cut or zone of influence to compensate for structural damage; o n average, the PCI of sections with utility cuts was approximately 20 points lower than t hose without cuts; t he average percent reduction in service life due to cuts was 21.3 percent; pavements with higher PCIs experienced more functional damage than pavements with lower PCIs; and
2 WHEREAS, reco mmended fees were based on functional damage costs for pavements with PCIs greater than 65 or less than 55 and structural damage costs for paveme nts with PCIs between 55 and 65; and
WHEREAS, on September 13, 2022, the City Council introduced an Ordinance adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code which , if adopted, would find that the entity making and benefiting from an excavation in City streets should be required to pay the City a pavement trench cut fee that partially recovers the cost of mitigating the damage caused to the street surface by the excavation; and
WHEREAS, Section 12.30.030 of the proposed Anaheim Municipal Code requires that the pavement trench cut fee be paid as a condition of obtaining a permit for excavation of right of way, and provides that the amount of the pavement trench cut fee shall be established by resolution of the City Council; and
WHEREAS, t he C ity Council has reviewed the study performed by NCE , which assessed and quantified pavement damage caused by utility cuts in the City and calculated the estimated costs for all maintenance, repair or resurfacing that would be necessary to fully mitigate this pavement damage and degradation; and
WHEREAS, th e City Council has considered the report, testimony and other information presented to the City Council regarding the basis for and the amount of the pavement trench cut fee; and
WHEREAS, the f ee herein established do es not exceed but rather only partially recovers the actual and direct costs and expenses incurred by the City in providing the maintenance, repair or resurfacing services that would be necessary to fully mitigate the degradation that excavations cause to the pavement located adjacent to the excavated trench; and
WHEREAS, the City Council desires to establish a pavement trench cut fee.
NOW, THEREFORE, the City Council of the City of Anaheim resolves, finds and determines on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The pavement trench cut fee shall be in the amounts set forth in Exhibit A, which is attached hereto and incorporated by this reference herein.
Section 3. The fee herein established do es not exceed but rather only partially recovers the estimated reasonable costs of providing the maintenance, re pair or resurfacing services that would be necessary to fully mitigate the degradation that excavations cause to the pavement located adjacent to the excavated trench, and such fee is established in order to compensate and partially reimburse the City for the estimated reasonable costs of providing such services.
3 Section 4. Beginning July 1, 2023, at the commencement of each fiscal year; unless there is further action of the City C ouncil, this pavement trench cut fee shall annually be increased by an amou nt equal to the change since the last increase in the Consumer Price Index For All Urban Consumers ("CPI -U") for the Los Angeles – Riverside – Orange County for the month of June each calendar year. Should a proposed CPI -U increase for any fiscal year not accurately reflect the increase in the City's costs to undertake the program set forth in this Resolution and said Ordinance, then the Director of Public Works , or designee is directed to place before the City Council a proposal to either (a) not increase the pavement trench cut fee by the full change in the CPI-U, or (b) increase the pavement trench cut fee by more than the change in the CPI-U.
Section 5. The pavement trench cut fee established herein shall become effective sixty (60) days following the date of adoption of this Resolution.
Section 6. That without further action of the City Council this pavement trench cut fee shall be incorporated into the City's Fee Schedule.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this _____ day of ______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________________
MAYOR PRO TEM OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
146655/BMM
4 EXHIBIT “A”
PCI
Fee
Trench or Bore Pit ($/SF) Pothole ($/EA)
> 65 $8.40 $69.30
55 to 65 $11.60 $95.70
< 55 $3.60 $29.70