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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: SEPTEMBER 27, 2022
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: ADOPTION OF AN ORDINANCE ADDING CHAPTER 12.30
TO TITLE 12 OF THE ANAHEIM MUNICIPAL CODE
ESTABLISHING A PAVEMENT TRENCH CUT FEE
ATTACHMENT (Y/N): YES ITEM # 23
RECOMMENDATION:
That the City Council, by Motion, adopt an Ordinance adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code establishing a pavement trench cut fee; and determine that the adoption of the proposed pavement trench cut fee is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines.
DISCUSSION:
On September 13, 2022, after a public hearing, the City Council introduced the subject Ordinance establishing a pavement trench cut fee and a Resolution setting the amount of the pavement trench cut fee. The Ordinance will become effective 30 days after adoption by the City Council.
The proposed fee is a result of the City Council approved engineering services agreement with Nichols Consulting Engineers, Chtd (NCE) to conduct a study related to the impact and costs of cutting into the existing pavement. The study concluded that utility cuts reduce pavement life by 15-55% while weakening the adjacent pavement even when the excavations are patched and repaired in conformity with current City standards and requirements. Consequently, this costs local agencies millions of dollars in premature street repair and remediation expenses. The study also evaluated both the structural (reduced pavement strength) and functional (shortened pavement service life) damage at 20 test sites on arterial and local streets with varying pavement conditions and ages within the City.
Key findings of the study include:
65% of test sites exhibited structural damage in the cut or zone of influence.
On average, the Pavement Condition Index (PCI) of sections with utility cuts was approximately 20 points lower than those without cuts. The average percent reduction in service life due to cuts was
21.3%. Pavements with higher PCIs experienced more functional damage than pavements with lower PCIs.
Ordinance adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code establishing a Pavement Trench Cut Fee September 27, 2022
Recommended fees are based on functional damage costs for pavements with PCIs greater than 65 or less than 55 and structural damage costs for pavements with PCIs between 55 and 65.
The purpose of this fee is to recover both direct and indirect costs for the degradation and shortened life of the street pavement from excavations through a pavement trench cut fee. It is appropriate that entities responsible for excavations in the street surface bear the burden of the resulting cost for damage to the pavement. The estimated annual revenue from the data reviewed would generate approximately $0.5 million, which will be restricted for pavement rehabilitation projects throughout the City.
These findings developed and established the recommended pavement trench cut fee schedule for the City of Anaheim provided in the following table.
Fee
PCI Trench or Bore Pit ($/SF) Pothole ($/EA)
> 65 $8.40 $69.30
55 to 65 $11.60 $95.70
< 55 $3.60 $29.70
ENVIRONMENTAL DETERMINATION:
Staff recommends that the City Council determine that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines. This determination is based on the fact the proposed fees will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a project as defined in Section 15378.
IMPACT ON BUDGET:
Revenues from pavement trench cut fees are included in the Department of Public Works FY 2022/23 restricted transportation funds budget.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Ordinance
2. Trench Cut Fee Study
3. September 13, 2022 Staff Report