Item #13
Date: August 15, 2023
To: Mayor and City Council
From: Vincenzo S. Corazza, Public Works Director
John Mallen, Consultant City Engineer
Jim Schaad, City Manager
Subject: Street Cut Moratorium
Recommendation:
Pass a Motion to 1) introduce Ordinance XXXX to add a new section to the Marysville Municipal Code for first reading and 2) set September 5, 2023, for second reading and consideration for adoption 3) waive the first and second reading of the Ordinance authorizing the changes to Chapter 11 by adding Section
11.09 of the Marysville Municipal Code.
Rationale for Recommendation:
The purpose of the pavement cut moratorium is to protect the City's investment in its infrastructure; and to preserve the life of streets and to provide a safe driving surface and a pleasing appearance to roadway surfaces that recently have been paved or maintained.
A trench or pavement cut moratorium is justified to reduce pavement degradation and extend the life and structure of the pavement.
Background:
In Spring/Summer 2023, the 5th Street Rehabilitation Project was completed with over $3.3 million in investments.
On May 16, 2023, Council approved Resolution 2023 – 16 adopting the list of roadway paving projects to be funded by SB 1
On June 20, 2023, Council adopted the City’s FY 23-24 Budget that included several million dollars of General and SB 1 funds in capital expenditures for Streets rehabilitation and preventative maintenance.
On July 21, 2023, Council approved awarding a contract in the amount of $3,336,937.60 with Lamon Construction Co., for the construction of the 2023 Measure C / SB 1 Pavement Project.
Discussion & Analysis:
Currently, Title 11 Streets and Sidewalks does not have a section regarding a prohibition of trenching, cutting or otherwise altering the pavement of a street once it has been constructed or rehabilitated.
Consequently, a utility company or a development project can pull an encroachment permit and “dig up the road”, thus shortening the life of a roadway by creating imperfections and discontinuity of the pavement.
Item #13
Due to the degradation of the roadway and to protect its investment in infrastructure, numerous cities in California have enacted pavement cut moratoriums, typically five (5) years for new or reconstructed roadways and three (3) years for preventative maintenance measures such as slurry seal or coating.
As the City Council approved the FY2023-24 budget authorizing staff to spend over $3.5 million in General Funds (Measure C), SB 1, and other grant funds in improving its failing roadway network, a prohibition of utility companies and development projects to cut, trench, or otherwise, alter the pavement will protect the investments by deterring external factors that would shorten the design life of a roadway.
Annually, the City Engineer will keep an updated list of the streets that have been recently reconstructed or preventative maintained to start the timer of either five (5) or three (3) years.
Legal Review:
The Ordinance language has been reviewed and approved by Legal Counsel.
Fiscal Analysis:
There is no fiscal impact with this item.
Attachments:
1) Ordinance No XXXX
2) Initial 2023 City Engineer’s List of Streets Affected by Street Cut Moratorium