Agenda — Richmond City Council, May 17, 2022 (part 7 of 9)

12 2018_Final Form
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.

2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

3. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will

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13 2018_Final Form
provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.

5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

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3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.

Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

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15 2018_Final Form
Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and (1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Joe Leach
With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

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16 2018_Final Form
(2) if intended for Contractor shall be addressed to:

DMR Builders
2725 Guerneville Rd.

Santa Rosa, Ca. 95401
Attn: Godemar da Silva Jr.

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.

Section 3.10 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected

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17 2018_Final Form
duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]

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18 2018_Final Form
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:

DMR BUILDERS
By: _________________________________
Name: _________________________________
Its: _________________________________

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19 2018_Final Form
Exhibit A
Proposal
As described on construction documents prepared by Mark Albertson Architect dated January 28, 2022.

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May 3, 2022
City Council
DATE: May 3, 2022
TO: Mayor Butt and Members of the City Council
FROM: Councilmember Nathaniel Bates
Subject: Update on the Contra Costa County Animal and
Sheltering Services
FINANCIAL IMPACT: There is no financial impact to receiving a report.

PREVIOUS COUNCIL
ACTION:

On 10/25/2016 and 11/27/2018, the City Council received a report from Contra Costa Animal Services on the status of services. On 6/18/2019, the City Council authorized
the City Manager to enter into reoccurring contracts for various services including animal services through
FY2020-2021 and again on 12/01/2020 for FY2021-2022.

STATEMENT OF THE
ISSUE:

The City of Richmond has contracted with the Contra
Costa County for many years for animal services. Due to the high volume of complaints received from Richmond
residents, an update on services and discussion on the
new city agreements is requested.

RECOMMENDED ACTION: RECEIVE a report from the Animal Rights Coalition on the animal and sheltering services by the Contra Costa
County Animal Services Department – Councilmember
Nathaniel Bates (510-620-6743). This item was
continued from the April 26, 2022, meeting.

AGENDA
REPORT

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May 3, 2022
DISCUSSION:

Due to the increase of complaint calls received by various departments from Richmond residents, it is requested that representatives from the Contra Costa Council Animal Services Department provide a report on how they are addressing the various issues regarding services.

Most recently, the Animal Rights Coalition is concerned about the agreement between the City and the County regarding the animal shelter, the level of services, the response time to service calls and the increase in fees.

The Coalition would like the City to negotiate a contract with the County that better serves the animals and is a better use of taxpayer dollars. The City needs to get to the root of the problem with the County regarding these long-term issues that have existed for years.

The new agreement between City of Richmond and the Contra Costa County will increase fees and reduce services that are currently very limited.

Animal Control is only doing what is mandated by the ordinances. The ordinances need to be amended.

Animal Right Coalition
PRESS RELEASE:

CONTRA COSTA COUNTY, Calif. (April 6, 2022) — In Defense of Animals, the Animal Rights Coalition (ARC), and over 300 Contra Costa residents (see alert below and here) are urging Contra Costa County officials to enact a comprehensive, fair and humane Animal Services Agreement. The calls were prompted by the release of a new City-County Services Agreement by Contra Costa County Animal Services that would increase its funding but decrease the scope and quality of the services it provides for companion animals, community cats, and wildlife.

On November 30, 2021, a civil grand jury report highlighted the county’s homeless animal problem and limited ability to help wildlife due to funding restrictions, and made several recommendations for improvements. At a meeting on February 22, 2022, the Contra Costa County Board of Supervisors responded to the report, stating, “The county anticipates that under the new city agreements, there will be a greater level of service throughout the county.” However, the new agreement will increase City fees and reduce services.

Animal Services has proposed the new service agreement to the cities of Brentwood, Clayton Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon and Walnut Creek.

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May 3, 2022
If it’s signed, the agreement will affect animal guardians and citizens who care about animal companions, community cats, and wildlife, by failing to outline a plan to provide the basic standard animal services.

All live wildlife calls — either transporting injured wildlife to Lindsay Wildlife Hospital or humanely euthanizing them if necessary — have been eliminated from this agreement. Citizens are already putting themselves at risk trying to help injured, sick, and orphaned wild animals and sharing their frustrations publicly on social media platforms like Nextdoor because their needs are not being met by Contra Costa Animal Services.

Not only does the new Animal Service agreement ignore wild animals, it also fails dogs and cats. The serious overpopulation of dogs and homeless community cats is not addressed, one spay/neuter and vaccination clinic is inadequate, and a trap/neuter/return program for community cats is not included.

There are no policies to ensure impounded adoptable animals are not killed and returned to their guardians, transferred to rescues, or adopted into safe and loving homes. “The new Contra Costa Animal Services’ agreement is alarmingly vague – it states CCAS will provide basic services yet fails to include any details that would make it accountable to citizens,” said Cassidy Schulman, Community Cats campaigner for In Defense of Animals. “Contra Costa County citizens are being asked to pay more and get less — it’s just not fair on animals or taxpayers. We urge the Contra Costa Board of Supervisors to negotiate a comprehensive, fair, and humane Animal Services Agreement. The human and non-human animal residents of Contra Costa County deserve nothing less.” There has been a lot of frustration on the part of nonprofits and individual animal rescuers who are seeing a trend toward dog and cat abandonment. The nonprofits and volunteers, working with a fraction of the County Animal Service budget, are overwhelmed. They are concerned they will not be able to continue to fill the Animal Services void, especially with the reduction of services.

Members of the public are encouraged to take action:
https://www.idausa.org/campaign/wild-animals-and-habitats/latest-news/contra-costacounty-animal-services-agreement-disastrous-for-countys-animal-companions-community-catswildlife/ Contacts:

In Defense of Animals, Cassidy Schulman, [email protected], 510-388-5816 ARC, Annie Wright, [email protected]

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May 3, 2022
In Defense of Animals is an international animal protection organization based in Marin, California, with over 250,000 supporters and a 39-year history of fighting for animals, people, and the environment through education and campaigns, as well as hands-on rescue facilities in India, South Korea, and rural Mississippi. www.idausa.org ARC is an animal advocacy group in Contra Costa County. We are a grassroots group of citizens, and rescue volunteers helping communities with animal welfare issues, such as pet abandonment, homeless dogs and community cats. We believe healthy animal companions and healthy communities go hand in hand.

DOCUMENTS ATTACHED:

None

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May 24, 2022
City Council
DATE: May 24, 2022
TO: Mayor Butt and Members of the City Council
FROM: Councilmember Nathaniel Bates
Subject: Process to clean up the City
FINANCIAL IMPACT: City staff will provide the financial impact of this item.

PREVIOUS COUNCIL
ACTION:

Public Works Director Joe Leach provides a verbal report during a City Council meeting on a monthly basis.

STATEMENT OF THE
ISSUE:

Blight throughout the city has increased significantly
during the pandemic.

RECOMMENDED ACTION: RECEIVE a report and provide direction to staff for a process and procedure to clean up and maintain the
cleanliness of the city - Councilmember Nathaniel Bates (510-620-6743). This item was continued from the
April 26, 2022, meeting.

DISCUSSION:

The City of Richmond Public Works Department is working diligently to address the blight throughout the city. During the Shelter in Place Order, homeless encampments AGENDA
REPORT

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May 24, 2022
grew and increased the amount of debris on the streets including city sanctioned encampments. Illegal dumping also increased in various locations throughout the city and many areas have become routine dumping sites for illegal dumpers. Collaboration is needed between the city and other agencies to develop a strategy to abate the streets, vacant lots, homeless encampments, including highway underpasses, on ramps and off ramps.

Representatives from the Contra Costa County CORE Team, Caltrans and potentially other agencies will be invited to attend meeting and respond to the presentation.

DOCUMENTS ATTACHED:

None

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May 17, 2022
City Council
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Councilmember Nathaniel Bates
Subject: Private Landowner Encroachments into the public Rightof-Way FINANCIAL IMPACT: The financial impact relative to this item includes staff time associated with this matter.

PREVIOUS COUNCIL
ACTION:

April 19, 2022

STATEMENT OF THE
ISSUE:

The City Council should receive a legal opinion for the City Attorney’s Office regarding the legality of staff
awarding and transferring city property without approval from the City Council.

RECOMMENDED ACTION: RECEIVE a report from the City Attorney regarding the legality of staff awarding and transferring city property without approval from the City Council - Councilmember
Nathaniel Bates (510-620-6743).

DISCUSSION:

At its April 19, 2022, meeting, the City Council considered an ordinance amending RMC Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) by incorporating Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”); adding provisions that address private landowner encroachments into the public Rightof-Way (ROW); easements; and street vacations; retitling Chapter 12.30 “Encroachments and Easements,” and rescinding Chapter 12.29 in its entirety.

AGENDA
REPORT

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May 17, 2022
The City Council should receive a report from the City Attorney’s Office regarding the legality of staff awarding and transferring city property without approval from the City Council.

DOCUMENTS ATTACHED:

NONE

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May 17, 2022
Mayor's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Mayor Tom Butt
Subject: The Segal Group Inc., Classification and Compensation Study
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

April 21, 2020, January 18, 2022

STATEMENT OF THE
ISSUE:

The City contracted with The Segal Group, Inc., to
conduct a Class and Compensation Study. The end date
of the contract was June 30, 2022, but the submitted
schedule anticipated completion in 7 months, which
would have been December 2020. The results of the
study have yet to be released to the City Council or the public.

RECOMMENDED ACTION: DIRECT the City Manager to release the Class and Compensation Study to the City Council – Mayor’s Office (Mayor Tom Butt 510-620-6503).

DISCUSSION:

The objective of the Class and Compensation Study was to provide information about comparable classifications and compensation in public agencies similar in size and complexity to Richmond. It was intended to be used as a tool to evaluate practices in AGENDA
REPORT

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May 17, 2022
Richmond, ensure that Richmond is competitive in the labor marketplace, and plan for future budgets.

The results of the study have been available to staff for a significant period, but the City Council continues to be told that “there are questions.” If there are questions or continuing issues, they can continue to be pursued, and can be flagged by staff, but this study needs to be released.

DOCUMENTS ATTACHED:

Attachment 1 – Contract with The Segal Group, Inc.

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01337.0027/789679.1 Page 1 of 4
May 17, 2022
City Attorney's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Dave Aleshire, Interim City Attorney
Joe Leach, Director of Public Works
Subject: Reintroduce an Ordinance (First Reading) to Revise and Amend Richmond Municipal Code Chapter 12.30
FINANCIAL IMPACT: There is no financial impact related to this item at this phase of consideration. However, the proposed
amendment to Chapter 12.30 does add provision(s)
addressing “private landowner” encroachments into the
public Right-of-Way. These newly added provisions may
potentially increase costs in staff time for application review; notice provisions; et al. Any private owner
applying for an encroachment agreement pursuant to
Chapter 12.30 would also remit fees as set forth in the Master Fee Schedule; such additional revenue may
offset potential increases in staff time.

PREVIOUS COUNCIL
ACTION:
9/28/21: City Council directed City staff to draft an
Ordinance addressing encroachments into the public
ROW. 12/21/21: City staff presents Ordinance to City
Council for consideration. City Council directs City staff to provide revisions. 4/5/22: Revised Ordinance presented
for first reading; City Council directs City staff to make minor revisions. 4/19/22: Revised Ordinance presented
for second reading. City Council requests further
revisions and continues the matter.

AGENDA
REPORT

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01337.0027/789679.1 Page 2 of 4
May 17, 2022

STATEMENT OF THE
ISSUE:

The City’s Municipal Code (the “RMC”) contains two
chapters that address encroachments into the public
Right-of-Way (“ROW”) -- Chapter 12.29 (“Street Opening
and Pavement Restoration Regulations”) and Chapter

12.30 (“Video Service Provider, Utility and Special District Encroachments”). Neither chapter addresses private
landowner encroachments into the unimproved public
ROW. City has used a variable ad hoc process to grant
Encroachment Agreements in the past. Further, neither
chapter currently addresses easements or street
vacations. Consideration of proposed amendments
include: revise Chapter 12.30 to include Chapter 12.29
and remove chapter duplications; and add provisions for private landowner encroachments into the public ROW;
easements; and street vacations. Thereafter, Chapter

12.29 would be rescinded in its entirety, and the
amended and revised Chapter 12.30 would be retitled
“Encroachments and Easements.”
RECOMMENDED ACTION: REINTRODUCE an Ordinance (first reading) amending RMC Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) by incorporating
Chapter 12.29 (“Street Opening and Pavement
Restoration Regulations”); adding provisions that address private landowner encroachments into the public Rightof-Way (ROW); easements; and street vacations; retitling Chapter 12.30 “Encroachments and Easements,” and
rescinding Chapter 12.29 in its entirety - City Attorney’s Office/Public Works Department (Dave Aleshire 510-620-
6509/Joe Leach 510-620-3008).

DISCUSSION:

Presently, the Richmond Municipal Code (RMC) contains two chapters that address encroachments in the public Right-of-Way (“ROW”). Both chapters reside in Article XII (“Public Works”) – Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”); and Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”).

Broadly speaking, Chapter 12.29 governs trenching, pavement, etc. in the public ROW; whereas Chapter 12.30 provides for the utilization of public ROW by specific entities, under certain circumstances, and directs when an entity must acquire a permit.

Although separate Chapters, both 12.29 and 12.30 contain procedural redundancies, and neither chapter addresses private landowner encroachments into the unimproved public ROW. Further, neither existing Chapter addresses easements or street vacations.

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01337.0027/789679.1 Page 3 of 4
May 17, 2022
The proposed amendments would revise Chapter 12.30 such that it includes Chapter

12.29 and removes duplications between existing chapters. The amendments also add provisions addressing private landowner encroachments into the unimproved public ROW; easements; and street vacations. Thereafter, Chapter 12.29 would be rescinded in its entirety, and the amended and revised Chapter 12.30 would be retitled “Encroachments and Easements.”
The newly proposed Chapter 12.30 (“Encroachments”) divides itself into six Parts – Part 1 (“General”), Sections 12.30.10 through 12.30.110; Part 2 (“Street and Paving”), Sections 12.30.120 through 12.30.160; Part 3 (“Private Landowner Encroachments into Unimproved Portions of the Public ROW”), Sections 12.30.170 through 12.30.200; Part 4 (“Easements”), Section 12.30.210; Part 5 (“Street Vacations”), Sections 12.30.220 through 12.30.240; and Part 6 (“Violations, Revocations, Other Penalties, and Appeals”), Sections 12.30.250 through 12.30.290. This newly proposed division allows for separate categories of encroachments where relevant requirements, technologies, regulations, et al. may be categorically curated. The revision also eliminates section or chapter duplication(s) by establishing separate portions for general terms and violations, et al. The overall effect both clarifies and streamlines the City’s encroachment provisions and permitting requirements and also allows a chapter whose structure will scale to include future categorial amendments, if needed.

Historically, the City entered into Encroachment Agreements with private landowners for ROW encroachments. These Encroachment Agreements were recorded on the property’s title and became binding on successors. However, even the informal practice has not been consistent, with some agreements approved by Council and others approved by the City Manager. The RMC has been silent on private landowner encroachments into the public ROW, so the City’s past practice of Encroachment Agreements with private landowners has not been documented previously within the Code. Thus, as it relates to the newly proposed Part 3 (“Private Landowner Encroachments into Unimproved Portions of the Public ROW”), the RMC now outlines a process for Application and attendant requirements, Notice, Appeal, et al. for private landowner Encroachment Agreements.

The Mayor suggested changes on first reading with the added language requiring a minimum, unobstructed passageway of at least nine (9) feet for one lane or eighteen (18) feet for two lanes with a four (4)-foot sidewalk. Subsequently, after checking field conditions, there are two (2) areas proposed for Encroachment(s) of which City staff is aware – one at 8 Western Drive and one at 130 Scenic Drive – where meeting the newly proposed condition may be challenging, but we cannot tell without plans.

Moreover, an unknown number of other Encroachment conditions exist in this area, and in other parts of the City, where the newly proposed condition may not be met.

Staff believes these projects should be considered at a public hearing under the new ordinance and suggests further language to complement the Mayor’s suggestion. That would be to add a finding that the special conditions, including the minimum street

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width, can be modified by the Council. It would be in Section 12.30.190(a)(1)(G), and states:
“The Encroachment conflicts with a specific condition below, but the Encroachment is warranted due to special circumstances specifically identified and addressed in the Encroachment Agreement.”
At its April 19
th meeting, City Council received a joint presentation from the Public Works Department and the City Attorney’s Office. The City Council then took public comment and subsequently directed City staff to continue its research into the points above. We believe the above language gives the Council flexibility and recommend that you proceed.

ENVIRONMENTAL REVIEW:

This Ordinance is not a project under the requirement(s) of the California Environmental Quality Act and its related State CEQA Guidelines (collectively, “CEQA”) because it can be seen with certainty to have no possibility of a significant effect on the environment and thus meets the CEQA exemption contained in CEQA Guidelines section 15061(b)(3). CEQA applies only to projects that have the potential to cause significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the Ordinance would have no, or only a de minimis, impact on the environment because changing the provisions within existing Municipal Code chapters to clarify the permitting process, et al. does not have direct or indirect physical environmental impact(s). The foregoing determination is made by the City Council in its independent judgment.

DOCUMENTS ATTACHED:

Attachment 1 - Proposed Ordinance to Amend Chapter 12.30 Attachment 2 - Proposed Amended Chapter 12.30 (clean version) Attachment 3 - Proposed Amended Chapter 12.30 (tracked changes) Attachment 4 - Proposed Amended Chapter 12.30 (original version) Attachment 5 - Proposed Rescinded Chapter 12.29 (tracked changes) Attachment 6 - Proposed Rescinded Chapter 12.29 (original version)

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING THE CITY OF RICHMOND MUNICIPAL CODE CHAPTER 12.30 (“VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL DISTRICT
ENCROACHMENTS”) AND RETITLING IT “ENCROACHMENTS AND
EASEMENTS” AND RESCINDING CHAPTER 12.29 (“OPENING AND PAVEMENT RESTORATION ENCROACHMENTS”) IN ITS ENTIRETY
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes the public health, safety, and general welfare of its residents; and
WHEREAS, the City of Richmond’s Municipal Code contains two chapters that address encroachments in the Public Right-of-Way (“ROW”) in Article XII (“Public Works”); and WHEREAS, Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”) governs trenching, pavement, et al. in the ROW and Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) provides for the utilization of ROW by specific entities; and WHEREAS, Chapter 12.29 and Chapter 12.30 address encroachment permits in the ROW, but neither addresses private landowner encroachments into the unimproved ROW; and WHEREAS, historically the City has issued encroachments permits administratively through its Engineering Department at a rate of approximately 2,000 encroachment permits per year; and WHEREAS, pursuant to Government Code section 38775, the City generally prohibits property owners from installing or maintaining encroachments within the ROW, although exceptions have been made; and
WHEREAS, the City has previously permitted property owners to install fences, landscaping, and similar improvements within the ROW upon the execution of an Encroachment Agreement, but there has not been a regularly applied process; and WHEREAS, the past practice of approving private landowner Encroachment Agreements has involved a Council-adopted Resolution authorizing the Mayor to enter into the Encroachment Agreement on the City’s behalf; or City Manager approval and subsequent recordation of the Encroachment Agreement with the County Recorder’s Office; and WHEREAS, the City desires to create an amended Chapter 12.30 to memorialize within its Code the City’s practice of entering into Encroachment Agreements with private landowners; and WHEREAS, various applications are currently pending for encroachments, and Staff should expedite preparation of applications and is authorized to commence processing applications immediately upon introduction of this Ordinance; and

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WHEREAS, the City desires to address Encroachment Permits and landowner Encroachment Agreements in the ROW within a revised Chapter 12.30; while omitting categorical duplicities; and to rescind Chapter 12.29 in its entirety; and
WHEREAS, the City also desires to address a process and attendant provisions for Easement(s) and Street Vacation(s) within the revised Chapter 12.30.

THEREFORE, LET IT BE RESOLVED THAT NOW THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1.

Chapter 12.30 – ENCROACHMENTS AND EASEMENTS IN THE PUBLIC RIGHTS OF WAY

12.30.010 – PURPOSE
The Public Rights-of-Way are unique, physically limited public resources held in trust for the public’s benefit, and they require proper management to maximize their efficiency and minimize the taxpayers’ costs; to protect against foreclosure of future economic expansion due to premature exhaustion of these resources; and to minimize the inconvenience to, and negative effects on, the public from use of these rights-of-way by individuals, contractors, utility companies, video service providers, utilities, special districts, et al.

To achieve this Chapter’s purpose, the City shall endeavor to coordinate its Capital Improvement Programs with those of Utility Companies and Franchisees with Facilities in, on, under, or above the Public Rights-of-Way. Information about planned work in the Right-of-Way shall be communicated as early in the process as possible.

Utility owners and franchisees should strive to coordinate street excavations to allow for simultaneous work and to prevent a street from multiple excavations within a twelve (12)-month period.

PART 1 - GENERAL

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Seventh Street, Solano Avenue and Thirty-Seventh Street. “Asphalt concrete” or “AC” means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, “Asphalt Concrete” and the Caltrans Standard Specifications Section 39, “Asphalt Concrete.”
“Chip Seal” (see the definition of “Slurry Seal”).
“City Projects” mean any city-funded construction or reconstruction, including but not limited to, public works projects and community facilities (e.g. libraries, community centers, et al.), excluding public/private partnerships. “Communications service equipment” and “communications service facilities” mean the equipment and Facilities used by a video service provider to provide cable or video service.
“Easement” or “Easements” mean interest(s) in land of another entitling easement owner to limited use or enjoyment of other’s land, evidenced by an instrument recorded on and burdening the landowner’s title, and as provided in California Civil Code Section § 887.010, et seq.
“Encroach” or “Encroaching” means constructing or placing temporary or permanent structures, improvements, Facilities or materials in, on, over, or under any ROW or using any ROW so as to prevent, obstruct, or interfere with the normal use of that way. The right to encroach is in the nature of a license and is revocable by the City at any time as provided herein. Encroachment includes, but is not limited to, the performance of any of the following acts:
(a) Excavating or disturbing the ROW;
(b) Erecting or maintaining any post, sign, pole, fence, guardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other Facility or structure on, over, or under a ROW;
(c) Planting any tree, shrub, grass or other growing thing within the ROW; (d) Placing or leaving on the ROW any rubbish, brush, earth or other material;
(e) Constructing, placing, or maintaining on, over, under or within a ROW any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage Facility; or any pipe, conduit, wire, communication service equipment or Facilities, or cable; (f) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the ROW,

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which causes, or may cause, an encroachment.
“Encroachment Agreement” means a written, contractual license agreement between the City and a private landowner regarding the terms and conditions of a Facility in the ROW; and, which agreement is recorded on the property’s title and binding on its successors thereafter unless revoked by the City.
“Encroachment” means the act of encroaching, as defined above. “Excavation” means any trench cuts within the street ROW to access or install a utility line or any related Facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an Encroachment Permit. “Facility” or“Facilities” mean any fiber-optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including but not limited to: curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any ROW. “Landowner” means any real-property owner abutting or adjacent to the ROW as defined herein.
“Licensee” means the “Permittee” under the Permit; or could be the person with the right to Encroach under an “Encroachment Agreement;” or the person with pre-existing or other Encroachment right(s) hereunder.
“Major arterial street” means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Richmond Parkway, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty-Third Street.
“Major defects” means any defects greater than the deficiency tolerances specified in the City of Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications. “Micro Paving” (see “Slurry Seal” definition).
“Micro Surfacing” (see “Slurry Seal” definition).
“Parklet” is the use of existing parking spaces in the public street as non-exclusive outdoor dining spaces for restaurants on abutting properties. See RMC Chapter

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14.46. “Permit” means any Permit referenced in, or required by, this Chapter. “Permittee” or “Licensee” means any means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street, and who has been issued a permit for the proposed encroachment pursuant to the provisions of this Chapter, including any lawful successor, transferee, or assignee of the original Permittee. “Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them, or any other entity, which is recognized by law as the subject of rights or duties, not including the City or its officers, employees, or agents. “Prohibition Street” means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.30.140, below). “Public Right-of-Way” or “ROW” means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for, or dedicated to, the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.
“Public Street” means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as, and declared to be part of, the City system of public streets, except highways forming a part of the State highway system. “Slurry Seal” means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than one-half (½)-inch thick. “Special District” means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
“Street Overlay” means one or more courses of asphalt construction on an existing pavement; usually greater than one-half (½)-inch thick; and generally includes an

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asphalt leveling course to contour-correct old pavement. “Street Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. A street or highway is defined as all or part of, or any right in, a state highway or other public highway, road, street, alley, trail, or other public right-of-way or easement. “Public Service Easement” means an easement acquired for public use by dedication or otherwise, for sewers, pipelines, electrical or water transmission lines, storm drains, drainage canals, and other limited use public easements other than for street or highway purposes.
“Structure” means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard-rail, wall, Facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage Facility, pipe, embankment, or excavation.
“Underground utility district” has the meaning set forth in Chapter 12.48 of the Richmond Municipal Code.
“Utility company” shall mean any public utility company or entity authorized to work in the public right of way providing public utility services such as water, electricity, natural gas, telephone, and communication. “Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise, is entitled to install its Facilities in the ROW. “Video Service” has the meaning set forth in California Public Utilities Code Section 5830(s).
“Video Service Provider” has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined inPublic Utilities Code Section 5830(b), or open-video system operator as defined inPublic Utilities CodeSection 5830(n).

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(b) Notwithstanding subsection (a), above, no Permit or Agreement shall be required for any of the following:
(1) Actions of any City officer or employee engaged in the discharge of official duties;
(2) Performance of work under contracts to the City, including work for City project(s);
(3) Encroachments existing prior to this Chapter’s effective date; however, nothing in this Chapter shall preclude City Engineer from requiring an appropriate Permit or Agreement documenting the rights and obligations of the licensee, and any preexisting Encroachment remains subject to removal at any time when City Engineer determines the Encroachment adversely affects the safety, capacity, or integrity of the ROW and interferes with public use;
(4) Maintenance or repair of existing pipes, Facilities, conduits, or other structures lawfully on, or under, a ROW where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street; (5) Emergency street cut or excavation in ROW to repair a broken or defective pipe, Facility, or conduit lawfully on, or under, a public arterial street, for the preservation of life and property when an urgent necessity arises, and City offices are closed. Reasonable vehicular and pedestrian barriers, or other traffic controls, shall be provided during the performance of these repairs. Person performing the repair work shall notify the City’s Engineering and Police Department(s) by telephone at the time any such repair work is commenced and must apply for a Permit within one (1) calendar day after City offices re-open; (6) Planting, trimming, pruning or removal of any new or existing tree, shrub, or plant within the ROW where a Permit is issued for such work pursuant to the Code’s Chapter 10.08, and where no traffic lane closure is anticipated; (7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of the Code’s Chapter 15.04;
(8) City Council-approved street closures for special events. (c) Notwithstanding subsections (a) and (b), above, none of the provisions in this Chapter shall apply to “Part 3 – Private Landowner Encroachment(s) Into Unimproved Portions of the ROW” unless expressly stated.
(d) Any Encroachment that requires, but does not have, a Permit shall be deemed a violation of this Chapter and a public nuisance, which the City may abate pursuant to any applicable provision of law including, but not limited to, this Code’s Chapter 9.22.

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12.30.040 – Permit Applications, Generally
(a) Any and all construction work, including but not limited to work involving streets and paving, including excavations and trenching, within the City’s ROW shall require an Encroachment Permit.
(b) For additional permit application requirements, et al. related to any excavation work within the City’s ROW, see Section 12.30.060 and Part 2 (“Streets and Paving”). (c) Permit application(s) may be obtained from the City’s Engineering Services Department.

12.30.050 – Permit Application Requirements
(a) An application for an Encroachment Permit, including renewal of an existing Permit, shall be on a City Engineer-prescribed form. The Applicant shall sign the form, which shall include all the following materials unless the City Engineer provides a written waiver:
(1) Name, address, and telephone number of the Applicant; (2) Name, address, and telephone number of the contractor, if a contractor will perform any proposed work and contractor is not Applicant; (3) Location, purpose, extent, and nature of the proposed work; (4) Period of time when the proposed work will be performed; (5) Traffic and pedestrian control plan(s) for the proposed work’s location; (6) Certificate of insurance from Applicant’s and/or contractor’s insurance carrier in a form satisfactory to the City, and which names the City as an additional insured;
(7) Key map and detailed improvement plan showing all Facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent Facilities and information the City Engineer requires. Unless exempted by State law, a California Registered Professional Civil Engineer shall prepare a detailed improvement plan;
(8) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;
(9) Current maps and records of the underground Facilities at the site; (10) Encroachment Permit fee set forth in the City’s Master Fee Schedule. (11) A deposit sufficient to cover the cost of mailed notice if required. (b) In signing the application, Applicant attests that all information in support of the application is true and correct. When Applicant submits a completed and signed application form, all supporting documents and information, and the required fee, the application will be deemed complete. The City Engineer shall act upon an application for an Encroachment Permit within sixty (60) days after the application is complete.

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(c) Registration. Prior to applying for a Permit, the City may require an individual performing the encroachment work to register with the City for a Permit and to provide the following:
(1) Warranty Bond: a cash deposit equal to the greater of five-hundred dollars ($500.) or twenty-five percent (25%) of the work’s value. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City’s standards or Permit requirements;
(2) A current City Business License;
(3) Current Certificate of Insurance meeting the requirements of Section 12.30.090, below;
(4) 24-hour phone number for emergencies; and
(5) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the individual who will receive all City correspondence.
(d) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216. (e) Permittees shall pay close attention to the location and alignment of all USA markings while performing their work.

USA Codes:

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meeting was not held
(4) The City shall approve the traffic control plan prior to the pre-construction meeting.
(i) By accepting a Permit, the Facility’s Permittee and/or Owner to whom the Permit has been issued agree to all the following:
(1) To follow all laws, rules, regulations, and Permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and Permit conditions.
(3) To indemnify the City against all claims for personal injury or property damage that may arise in connection with the work.

12.30.060 – Permit Application Requirements for Excavations In addition to the general permit application requirements in Section 12.30.50, any permit application related to excavation work shall also be subject to the provisions of this section.
(a) Any excavation work within the City’s ROW shall require a Permit specifically for excavation in addition to other required Permits. The individual performing the work shall apply for the Permit.
(b) All Permit applications for excavation work shall include plans that indicate the following:
(1) Street name to be excavated and nearest cross street. (2) Distance of proposed excavation from face of curb.
(3) Distance of proposed excavation from intersection.
(4) Size of the excavation (length and width).
(5) Location of any aboveground Facilities to be installed, showing:
(A) Distance from curb and any street Facilities/furnishings. (B) Purpose of the Facility.
(C) Size of the Facility.
(D) Location of doors and door swings.
(6) Location of any existing and to-be-installed underground Facilities showing:
(A) Conduit vaults, maintenance holes, pipes, etc.
(B) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
(C) Construction method of the structure to be installed. (D) Construction detail, location, size, design criteria and the purpose of the Facility to be installed.
(7) Cross-section of a typical trench indicating:
(A) Approximate depth of the installed Facility.
(B) Trench-backfill depth, compaction, and layer depths. (C) Pavement section detail (type and depths).

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(D) Plans, structural details, and trench cross-section must be signed and stamped by a licensed civil engineer, when legally required. (8) The plan may show the approximate excavation location, provided that the excavation’s exact location is shown on the “as- built” plan. These “as-built” plans shall be submitted prior to the City’s Permit finalization. (c) If Permittee damages other Facilities during excavation work, Permittee will need a separate Permit to repair the damaged Facility with additional excavation and trenching.

Permittee shall maintain the site and restore the pavement and any affected signage or striping.
(d) For permit expiration, see Section 12.30.100(c)(5), et seq. (e) For notice requirements, see Section 12.30.110, et seq.

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(f) The City Engineer shall approve an Encroachment Permit upon making the following findings, and Permittees shall be subject to the relevant requirements of this Chapter and to all the following conditions, as applicable:
(1) Findings.
(A) Proposed encroachment contains no potential to cause a significant environmental effect(s); nor will it be detrimental to public’s health, safety, and welfare;
(B) Complete application contains all necessary, supporting information; (C) Applicant made reasonable efforts to erect, construct, use, operate, and/or maintain underground Facilities; provided, however, from and after the effective date of an underground utility district establishment, the Applicant shall erect, construct, use, operate, and maintain its Facilities underground. Where undergrounding is not feasible (excepting any area declared to be an underground utility district), the Applicant has made reasonable efforts to colocate Facilities on existing poles or other aboveground structures; (D) Proposed Facilities’ location is the best available option to minimize adverse impacts on the use of the ROW and on adjoining properties; (E) If application is for Permit renewal, Permittee has complied, and is in compliance with, current Permit and its conditions;

12.30.080 – Permits - Permittee’s and Licensee’s Obligations, Generally (a) The Permittee shall:
(1) Provide accurate, detailed information regarding the location of existing and proposed structures in the ROW at the request of any person contracted to perform work in/on ROW;
(2) Timely correct any maintenance or operational deficiencies; (3) Produce current, complete, and accurate maps, plans, diagrams, and records pertaining to any structure or Facility installed in the ROW within ten (10) business days of City’s request;
(4) Complete installation or construction of structures and Facilities in the ROW and all construction-related damage to the ROW shall be repaired within two (2) years from the date the Encroachment Permit or Agreement issues. Exception:

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(6) Not alter the purpose, use, or operator of the structures and Facilities without transfer approval;
A. Exception: any Landowner Encroachment Agreement shall be binding upon, and inure to the benefit of, Permittee’s successors in interest, heirs, or devisees.
(7) At their own expense, restore ROW to the same or better condition than before installation of at their own expense, restore ROW to the same or better condition than before installation of Facilities or structures upon removal or abandonment of same;
A. Failure to restore ROW may be deemed a violation of this Chapter and a public nuisance subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 1.04. (8) During construction, Permittee shall do all the following:
(A) Maintain a copy of Permit issued pursuant to this Chapter at the job site during work periods until project completion and City Engineer approval.

Permit(s) shall be shown to City employees upon request; (B) Provide City Engineer-approved, appropriate traffic warnings, safeguards, and controls;
(C)Provide temporary pedestrian-access Facilities as necessary to comply with local, state and federal law(s), including the Americans with Disabilities Act, and with the written direction of the City Engineer, if any. (D)Maintain all structures, Facilities, and landscaping within the encroachment area in a safe and clean manner and shall observe and enforce all applicable local, State, and Federal safety orders, rules, and regulations at all times. (E) Promptly remove all graffiti on any structure or Facility within the encroachment area.
(F) Notify the City’s Police Department and the City Engineer, and shall promptly repair, any damage to structures or Facilities caused by criminal activity, including, but not limited to, copper theft.
(9) As may be required by California Government Code Section 4216 et seq., Permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any Permitted work.
(10) It shall be unlawful for Permittee to erect, construct, use, operate or maintain their Facilities aboveground whenever any area of the City is declared as an underground utility district.
(11)All work done under the Permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction, and practices in placing encroachments in, on, under or above the ROW.
(12)All Facilities shall be constructed, operated, and maintained in the time, place, and manner that cause the least interference with the public’s use of the public

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ROW; the City’s management and use of the ROW, and the rights or reasonable convenience of property owners adjoining the ROW.
(13) Comply with all laws, rules, regulations, and Permit conditions and assure that their employees, contractors, and subcontractors do the same.

12.30.090 – Permittees’ Indemnification and Insurance
(a) Where the insurance conditions stated below conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.
(b) To the maximum extent allowed by law, Permittee and Licensee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors (“Indemnitees”) against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to: attorney’s and expert’s fees and court costs, arising out of, or connected in any way with, the installation, operation, and maintenance of any Facilities in, or the use of, any ROW by Permittee or Permittee’s employees, officers, officials, agents, transferees, contractors, or subcontractors pursuant to the Permit or Agreement issued under this Chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action, or demands caused by Indemnitees’ sole negligence, willful misconduct, or criminal acts.
(c) To the maximum extent allowed by law, Permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action, or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a Permit or Agreement issued pursuant to this Chapter.
(d) Permittee and their contractors who perform ROW work shall secure a policy of broad form commercial general liability insurance naming City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by City’s Risk Manager, unless Permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or Facilities in, on, under or above the ROW. All contractors’ policies secured in compliance with this condition shall be in effect for the duration of contractor’s work in the ROW; all Permittees’ policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the ROW.
(e) Permittee and their contractors performing work in the ROW shall furnish to the City, and file with the City Clerk a corporate surety bond guaranteeing the faithful performance of the construction of such work and a separate bond to secure claims payments of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the construction costs of the

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work to be performed in the ROW. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.

12.30.100 – Terms and Conditions, Permits Generally
(a) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216. (b) All application materials are incorporated by reference into the Permit; and all representations made within the application are conditions of Permit approval. (c) Permit duration shall be indicated on the Permit:
(1) All Permits shall include estimated start and completion dates. A Permit is valid from the construction’s start date specified on the approved Permit until the specified completion date.
(2) Permits are not valid if there is failure to: obtain other, required Permits; or to provide required notifications.
(3) No traffic disruptions allowed before 8:00 a.m. and after 4:00 p.m. unless specifically approved.
(4) Some Permits may be valid on specific dates and approved with special conditions:
(A) When work shall occur.
(B) When work shall be completed.
(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date if no work has commenced. (B) If work does not proceed diligently, and if delays exceed four (4) working days once the work begins, unless the delay is caused by weather or other circumstances beyond the Permittee’s control.
(C) When the excavation, including trench restoration, is completed; or on the date the Permit specifies as the Permit expiration date. (6) Work proceeds diligently if:
(A) After a project begins, work continues regularly, except on: weekends and holidays; during inclement weather, labor disputes, or any emergency beyond Permittee’s control.
(B) Permittee ensures that all necessary materials and supplies are at hand and ready for use to avoid delaying the excavation and to ensure the prompt restoration of the ROW.

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(d) Termination. An Encroachment Permit shall terminate on the date specified therein, or upon abandonment of the Facilities and/or structures constructed pursuant to such Permit. If the Encroachment Permit specifies no date, the Permit shall be considered of indeterminate duration.
(e) Extension. A Permittee may extend a valid Permit by requesting an extension prior to the Permit’s expiration date. Said request shall specify the change of date(s) and detailed reason(s) for the extension. The City Engineer reserves the right to deny the extension request.
(f) Renewal. A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date an Encroachment Permit or the Permit may lapse. A lapsed Permit may be deemed a violation of this Chapter, and the unpermitted encroachment may be considered a public nuisance, subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 9 22.
(g) Fees. Permit fees are due at the time the Permit issues. (1) Permit-application processing fees are non-refundable. (2) Prior to Permit issuance, all past due fees, fines, and penalties must be paid. (3) If a Permit violation occurs, the City will not process other application(s) until payment of all fines and penalties and until all Permit conditions have been met.
(4) If a permit application is withdrawn or if an approved permit is cancelled prior to the start of work, the Applicant or Permittee may request a refund of bond funds. To request a refund, submit a written request to the City Engineer, which shall include: The reason for cancellation or withdrawal and the Permit number.
(h) If an account is past due, or not in good standing, a Permit will not issue until the account is brought into good standing with all fees and fines remitted.

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utility poles, anchors, or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(2) Generally. Excepting necessary emergency repairs, at least forty-eight (48) hours before commencing any work, which will obstruct or impede the flow of vehicular and/or pedestrian traffic, Permittee shall post notifications within the affected area to the satisfaction of City Engineer.
(3) Permitted Work. Permittee shall provide public notifications when excavating in the ROW as follows:
(A) Minor projects lasting longer than forty-eight (48) hours but fewer than fifteen (15) working days shall provide posters sized eleven-by-seventeen inches (11” x 17”) with one (1)-inch minimum-sized letters. Posters shall be displayed at the project’s initial and terminal point(s) and every 300 feet in between. (B) Posters must contain:
(i) Permittee’s name(s), address(es), and telephone number(s); and
(ii) Project’s start and completion date(s).
(C)For Major Projects lasting fifteen (15) working days or longer, Permittee shall do all the following:
(i) After Permit issuance, and at least five (5), but no more than thirty (30) calendar days, before the anticipated start date of work, Permittee shall mail or deliver written notice to:
(1) Residents and occupants along the affected street;
(2) Schools, churches, and other assembly uses within three hundred (300) feet of the affected street; and
(3) The City’s Engineering Services and Public Works
Department(s)
(ii) At least five (5) calendar days, but not more than fifteen (15) calendar days, prior to starting work: Permittee shall post and maintain notices in accordance with paragraph (3)(a) above. The notices must be sized eleven by seventeen inches (11” x 17”) and shall contain:
(1) Permittee’s name(s), address(es), and telephone
number(s);
(2) Project description;
(3) Project start and completion date(s);
(4) Project contact person’s name, address and twenty-four (24)-hour telephone number.

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PART 2 – STREETS AND PAVING
In addition to the requirements in Sections 12.30.020 through 12.30.110, above, the following shall be required for Permits involving Streets and Paving, including but not limited to excavations.

12.30.120 – Newly Constructed or Resurfaced Streets – Prohibition Period (a) Newly constructed or resurfaced streets shall be termed “Prohibition Streets” within this section. Permission to excavate in Prohibition Streets will not be granted for five (5) years following street-overlay completion; an overlay is at least one-half (½)-inch-thick asphalt layer. For streets with Chip Seal, Slurry Seal Coating, or Micro Paving with less than one-half (½)-inch of new pavement, the prohibition period shall be three (3) years.

Permittees shall perform advanced planning to determine alternate methods of necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are:
(1) Emergencies endangering life or property.
(2) Interruption of essential utility service.
(3) Work mandated by City, state, or federal law(s).
(4) Building service where no other reasonable means of providing service exists. (5) Situations in which no alternative course of action exists, as determined by the City Engineer in writing and setting forth facts concluding that no alternative exists.
(b) Prohibition Street excavations shall require a waiver. (1) To request a waiver, Permittee shall submit a written request to the City Engineer that includes all the following:
(A) Excavation location;
(B) Description of the work to be performed;
(C) Reason(s) the work was not performed before the street was paved; (D) Reason(s) the work cannot be deferred until after the Prohibition Period;
(E) Reason(s) the work cannot be performed at another location; and (F) Reason(s) that justify the excavation of a Prohibition Street. (2) Any Prohibition Street excavations will be repaired with full lane-width paving on the street as follows (refer also to Section 12.30.150, Paving):
(A) Overlaid or reconstructed streets: All lanes that are affected shall be ground down two (2) inches and repaved with two (2) inches of asphalt concrete, OR all affected lanes shall be resurfaced pursuant to Section

12.30.150, Paving.
(B) Slurry Sealed, Chip Sealed, or Micro Surfaced streets: All affected lanes shall be resurfaced pursuant to Section 12.30.150, Paving.

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(C) If a lateral-cut excavation, a minimum of one (1)-foot on either side of the trench shall be resurfaced. For longitudinal trenches, the entire length shall be resurfaced plus one (1) foot on either end.
(D) Exception: Full lane-width restoration shall not be required if either of the following applies:
(i) The work is not defined as an excavation in Section 12.30.010. (ii) The work is performed on behalf of a low-income household to bring an owner-occupied, single-family residence into compliance with sanitary sewer regulations at any time other than as part of the residence’s sale. Low-income is defined as eighty percent (80%) of area median family income. This exception’s purpose is to prevent hardship to property owners with limited means, and it shall be interpreted and applied solely to achieve that purpose. (3) Before a Permit issues for Prohibition Street work, City Engineer will verify that Applicant analyzed all feasible alternatives for necessary repairs using a trenchless method in Prohibition Streets to avoid excavating a newly resurfaced street whenever possible.

12.30.130 – Excavation Material
(a) Pavement shall be cut to a straight, neat, vertical line prior to excavation. (b) All excavated material shall be removed from the job site within twenty-four (24) hours.
(c) Every trench shall be backfilled or covered by trench plates daily. The City may issue administrative citations or may pursue other legal remedies if trenches are improperly covered or not backfilled in a timely manner. Backfill must meet the requirements specified in Section 12.30.140.

12.30.140 – Backfill
(a) Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, “Aggregate Base” or suitable material as required by the City’s Standard Plans and Specifications. Backfill compaction shall accord with the City’s Standards.
(b) When undermining occurs, existing pavement shall be removed as required to compact the backfill and to restore pavement.
(c) An independent laboratory shall certify compaction tests. The test results shall be submitted to the City Engineer who may require the Contractor to recompact and retest until the test results show achievement of proper compaction.

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12.30.150 – Paving
(a) Trenches shall be paved in accordance with the City’s Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City’s Standards, to a vertical face. The cut shall be a “T-Cut” according to City’s Standards, and the new asphalt concrete paving shall be butt-joined to the existing asphalt concrete vertical face. Neither new nor existing paving shall be feathered.

Vertical faces shall be tack-coated. In Prohibition Streets, a paving machine or a spreader box shall place the final two (2) inches of asphalt concrete wearing surface.

Asphalt concrete shall be delivered and compacted in accordance with the City’s Standard Plans and Specifications.

For proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular, or parallel, to original trench lines. No diagonal cuts shall be made. When two damaged pavement areas exit, any undamaged pavement area of three feet or less between the two damaged areas shall also be removed.
(b) Trenches in recently paved Prohibition Streets shall have the entire lane key-cut two (2)-inches deep and repaved with asphalt concrete, unless the Engineer provides written authorization to resurface with a polymer-modified slurry seal instead. When specifying the use of slurry seal instead of asphalt concrete, the Engineer’s authorization shall set forth the reasons for the specification. (c) Trenches in recently slurry sealed Prohibition Streets shall have the entire lane resurfaced with polymer-modified slurry seal.
(d) Trenches in concrete streets shall be repaved with concrete. New pavement thickness shall equal the existing pavement’s thickness, with a minimum six (6)-inch thickness in the roadway.
(e) Trenches in arterial and collector streets shall be paved with not less than six (6)- inches of asphalt concrete; or to the existing pavement’s thickness, whichever is greater.
(f) Pavement shall be restored within fourteen (14) working days – and within thirty (30) working days for minor excavations – beginning from the time the entire trench is backfilled, absent an excused delay for circumstances beyond the contractor’s control, such as inclement weather.
(g) Asphalt pavement shall be compacted to obtain a ninety-five percent (95%) minimum relative compaction. The asphalt concrete wearing surface shall contain no irregularity exceeding five-sixteenths (5/16) of an inch in ten (10) feet within any direction.

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(h) On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until restoration of finish pavement. Steel plates used to bridge street openings shall be ramped to the match the adjacent pavement’s elevation and be secured against any directional movement. Temporary ramps shall be constructed of asphalt and shall have a gradual, 30:1 slope or flatter using asphalt cutback. (i) Permittee shall remove all painted USA markings after completion of work. (j) Permittee shall replace and restore all damaged pavement markings and striping.

12.30.160 – Defects
(a) Depressed trench pavement shall be repaired as follows:
(1) Wearing surface defects: remove and restore wearing surface. (2) Major defects: excavate, remove and restore surface and base. (b) City Inspector will determine the severity of the defect. Work that does not comply with the above requirements shall be rejected, removed, and redone by Permittee to City Engineer’s satisfaction.
(c) Permittee bears responsibility for any roadway defects over and adjacent to the trench that appear after Permittee restores the trench. Permittee shall maintain, repair, and/or reconstruct the excavation site’s affected area until City reconstructs, repaves, or resurfaces the street.
(d) If trench-related failure occurs after City reconstructs, repaves, or resurfaces the street, the Facility’s owner shall be responsible for repair if the failure occurs within one (1) year of trench repair.
(e) When City determines that an excavation, or a defect, is hazardous or constitutes a public nuisance, or poses an imminent threat to public health, safety, or welfare, City Engineer may order Permittee to remedy the condition immediately. (f) If Permittee refuses or fails to make the needed repairs immediately as ordered by City, then City will make the repairs and:
(1) Permittee will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by Permittee’s action or inaction.
(A) City’s repair or restoration does not relieve the Permittee from liability for future pavement failures.
(2) If Permittee fails or refuses to pay the restoration cost, City may use any legal means to recover the costs, including but not limited to, property liens and/or court action. In such action, City shall be entitled to recover its reasonable attorneys’ fees and costs.

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PART 3 – PRIVATE LANDOWNER ENCROACHMENT(S) INTO UNIMPROVED

PORTIONS OF PUBLIC ROW

12.30.170 – Private Landowner Encroachments
(a) As a general rule, a Landowner has no authorization to construct or place Facilities in the ROW. Under special circumstances, Facilities may be allowed on a ROW provided the Landowner applies for, and enters into, an Encroachment Agreement. No placement or building of Facilities in the ROW adjacent to, or abutting, Landowner’s property shall be allowed without an Encroachment Agreement. (b) Generally, all provisions of Part(s) 1 and 2 shall apply to this Part 3; except, in the event of conflict, the provisions hereof shall apply to this Part 3. (c) The Encroachment Agreement shall be in a form approved by the City Attorney; and include all relevant provisions of this Chapter; and be enforceable by the City. As a license, the Encroachment is revocable, pursuant to Part 6 hereof, at any time. (d) Exemptions.
(1) A Landowner may install minimal, low-height landscaping (e.g., ground cover; native grasses; succulents) in the adjacent or abutting ROW without an Encroachment Agreement.
(2) A Landowner may install curb cuts and driveways if part of a permitted improvement to provide on-site parking. See RMC Chapter 12.36.

12.30.180 – Encroachment Agreement Application
(a) To apply, the Landowner shall send a letter to the City Engineer requesting an Encroachment Agreement. The Landowner’s written communication shall provide justification(s) as to why the proposed encroachment into the ROW creates a unique circumstance necessitating an Encroachment Agreement.

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(7) Detailed plan(s) showing all Facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent Facilities; (8) The City shall provide written notice by first class mail to adjacent and abutting owners of properties located within 300 feet of the proposed Encroachment.
(9) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;
(10) Encroachment Agreement fee set forth in the City’s Master Fee Schedule. (11) A deposit sufficient to cover the cost of notice specified by Section

12.30.200, below.
(12) A deposit sufficient to cover costs of preparation and recordation of the Encroachment Agreement as determined by the City Attorney and shall include title review.
(b) When the written application for the Encroachment is submitted to the City, the Owner must also:
(1) Post and maintain notices at proposed Encroachment’s initial and terminal point(s) and every 300 feet in between, unless the length is less than 100 feet, in which case only one (1) notice need be posted at a prominent and readily visible location;
(2) Notices will be sized eleven by seventeen inches (11” x 17”) and include one (1)-inch minimum sized letters containing:
(A) Applicant’s name(s), address(es), and telephone number(s); (B) Description and diagram of proposed Encroachment;
(C) Proposed Encroachment project’s start and completion date(s); (D) Contact person’s name, address and twenty-four (24)-hour telephone number for proposed Encroachment, if different from (2)(A), above; (E) Location and date of public hearing on application; (F) Method by which interested parties may acquire a copy of said application.
(3) The notice(s) shall remain posted in good condition so long as the project is active and until its completion.
(c) In signing the application, the Landowner attests that all information in support of the application is true and correct.

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12.30.190 – Findings and Conditions
(a) Applicants shall be subject to the conditions that follow below:
(1) Findings.
(A) Complete application contains all necessary, supporting information. (B) The Encroachment does not conflict with adopted street improvements or similar plans, or any in development or that can be anticipated. (C) The Encroachment does not pose a public health or safety hazard as determined by City Engineer.
(D) The Encroachment does not substantially obscure the main property frontage.
(E) The Encroachment does not adversely impact or affect adjacent properties; and/or result in Facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.
(F) The Encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use. A standard setback should be no fewer than three (3) feet, subject to City Engineer’s determination that the area’s conditions or environment allows otherwise. (G) The Encroachment conflicts with a specific condition below, but the Encroachment is warranted due to special circumstances specifically identified and addressed in the Encroachment Agreement.
(2) Conditions.
(A) Landowner shall obtain all necessary approvals from City’s Planning, Building, and Engineering Department(s), and any impacted utility companies or video service providers, prior to the placement and construction of Encroachment(s).
(B) Landowner shall provide City with Certificates of General Liability Insurance, subject to the City Attorney’s and City Manager’s satisfaction. Landowner will provide these Certificates to the City annually by the anniversary date.

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(D) Landowner shall maintain the Encroachment as required by City Engineer and shall remove any and all of the Encroachment without any expense to, or replacement of improvements by City or public utility company upon ninety (90) days’ notice by City, or immediately by City, whenever, in City’s opinion, the condition of the Encroachment is determined to constitute a hazard to safety, health or public welfare or the affected area is needed for municipal or public utility purposes. City Engineer may require a deposit, or other security in a form approved by the City Attorney, for any damage to infrastructure or removal of the Encroachment. Following the removal of the Encroachment, the Landowner shall restore the ROW to a condition approximately the same as the condition of the right of way prior to installation of the encroachments. (E) Landowner shall remove the curb side parking in front of the Encroachment if the City determines that public health or safety necessitates it. (F) Landowner shall maintain the area over which said Encroachment is located, in a manner the City Engineer requires, for the life of the Encroachment Agreement.
(G) Landowner shall restore the sidewalks over the Encroachment for the public use when the Encroachment is terminated, modified, deviated from the original Encroachment improvement, or rescinded by City for any reasons. (H) Landowners shall indemnify, defend, and hold harmless City and all its Councilmembers, employees, officers and agents from all liability, claims, suits, damages, attorney’s fees, costs and expenses resulting from injury or damage to persons or property which may result from the maintenance, placement and/or construction of the Encroachment.
(I) Insurance.
(i) Landowner shall provide certificates of general liability insurance satisfactory to the City Attorney and Risk Manager. Certificates of liability insurance must be provided to the City annually.
(ii) Landowner must notify City thirty (30) days prior to cancellation or change in said insurance. General Liability insurance with minimum limits of $1 million per occurrence and $2 million in the aggregate shall be maintained at all times during the term of the Encroachment Agreement. (iii) Additional insured: The City, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of ownership, maintenance or use of the part of the premises located within the Encroachment area. An additional insured form CG 2012, or equivalent, is required. Landowner shall provide Certificate of

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Insurance naming the City as additional insured with the liability insurance limit(s) of $1 million for each occurrence and $2 million in the aggregate. (iv) Landowner’s insurance coverage must be primary as it pertains to the City, and the City’s insurance or self-insurance shall not be called upon to contribute to any loss or claim.
(v) Landowner’s insurance will provide a waiver of subrogation in favor of the City by virtue of payment of loss by landowner’s insurance coverage. (vi) Landowner shall maintain continuous coverage for the life of the Encroachment Agreement. Should Landowner fail to maintain insurance as required, the City may take such action as it deems necessary to protect the City’s interests. Such action may include, but is not limited to, termination of the Encroachment Agreement or other action as the City deems appropriate.
(vii) If the Encroachment Agreement application is approved, the finalized Encroachment Agreement shall be recorded in the office of the County Recorder of Contra Costa County, California. The terms and conditions of the Encroachment Agreement shall be binding on the legal owner(s) of the property and any legal successor(s) or assign(s), including future bona fide purchaser(s).
(J) The Encroachment does not obstruct:
(i) More than nine (9) feet of a one (1)-way street travel lane, which includes space for a four (4)-foot sidewalk on one side; (ii) More than eighteen (18) feet of two (2)-way street travel lanes, which includes space for a four (4)-foot sidewalk on one side.

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(d) In addition to the posting of notice, a public hearing notice shall be mailed not fewer than ten (10) days prior to the date of such hearing to all property owners having property, and each residential or other unit, within three hundred (300) feet of the application’s subject property.
(e) After receiving public comment at the hearing, the City Council shall approve, deny, or modify the Encroachment Agreement based on the required findings of Section

12.30.190 within thirty (30) days following the hearing. (f) Findings for approving an Encroachment Agreement are set forth in Section

12.30.190(a)(1)(A-G).
(g) The City shall promptly notify the Applicant in writing of its decision on the Encroachment Agreement application. The City shall also mail notice of its decision to members of the public who have requested notice.

PART 4 – EASEMENTS

12.30.210 – Easements
(a) In addition to any other method for the creation of an Easement, an Easement may be created by a recorded declaration and covenant of Easement made by an owner of real property to the City, or granted by the City, in accordance with the procedures set forth in this chapter.
(b) Purpose. An Easement may be created pursuant to this chapter for one or more of the following purposes: parking, ingress, egress, emergency access, light and air access, landscaping, open space purposes, or other purposes in accordance with law. (c) Methods of Creation.
(1) Dedication.
(A) With City’s consent, an irrevocable offer of dedication may be made of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public Easements, parks, or other public places.
(B) Dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property and in a form approved by the City Attorney.
(C) Such offer of dedication, when recorded in the office of the county recorder where the property is located, shall be irrevocable. Any offer must be accepted to be effective pursuant to section (B), above. Once the offer is recorded and irrevocable, it can be accepted by the City Council.

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(D) Offer of dedication for street and highway purposes may be terminated and right to accept offer may be abandoned pursuant to the Street Vacation provisions below, in Part 5.
(E) The above procedure shall be alternative to any other procedure authorized by law.
(2) Ordinance.
(A) The City Council may adopt an ordinance pursuant to Government Code Section 65870, et seq., imposing a private covenant for a public Easement as follows:
(1) Recording a covenant of Easement made by an owner of real property to the City.
(2) At the time of the recording, all real property benefited or burdened by the covenant shall be in common ownership.
(3) Covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, except that it shall not merge into any other interest in the real property.

Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property.
(4) A covenant of Easement so recorded shall describe the real property subject to the easement and the real property benefited thereby. The covenant of Easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant.
(5) A covenant executed pursuant to this section shall be enforceable by the City. Covenants shall run with the land and shall be equitable servitudes. The City’s interest may include the streets and highways and other interests abutting the burdened property. (6) The creation or release of the interests may require review by the Planning Commission for conformity with the General Plan under California Government Code Section 65402.
(7) Ordinance shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by the agency designated by the ordinance for that purpose. The hearing shall be held at the request of any person whether or not that person has title to the real property.

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(8) Upon a determination that the restriction of the property is no longer necessary to achieve the City’s land use goals, a release shall be recorded by the City in the county where the restricted property is located.
(9) The ordinance may provide for the imposition of fees to recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.

PART 5 – STREET VACATIONS

12.30.220 – Street Vacations
(a) Under certain conditions, an existing public Easement may no longer be necessary due to a variety of reasons such as changed conditions, topography, etc. The property owner can seek a vacation of an Easement by submitting an application and paying the applicable fees. The City typically only has Easement-holder status in the ROW of public streets, alleys, or walks, and the adjoining property owners have the underlying fee interest. Applicant should contact a title company to perform a title search of the underlying fee interest of the proposed vacation area prior to submitting application. If the City owns the underlying fee interest, a request for purchase of the City-owned property must be processed through the appropriate City department. (b) Applications may be obtained from City Engineer. Requirements include payment of filing fees as listed in the Master Fee Agreement, signature of the Applicant, a legal description, and a scaled plot plan.

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(b) If the vacation would affect a public service Easement, the following circumstances would qualify for summary vacation:
(1) The Easement has not been used for its dedicated purpose for five (5) consecutive years immediately preceding the proposed vacation; or (2) The date of dedication or acquisition is fewer than five (5) years, but more than one (1) year, immediately preceding the proposed vacation, and the Easement was not used continuously since that date; or
(3) The Easement has been superseded by relocation, and there are no public facilities located within the Easement.

12.30.240 – General Vacations
If the proposed vacation does not meet any of the criteria in Section 12.30.230 it is a General vacation.
(a) City Council may, on its own initiative, may hold a public hearing on the street vacation whose process shall follow Streets and Highway Code Section 8300, et seq. and as amended from time to time.
(b) City Council’s decision is final and not subject to appeal. City Council may conditionally approve a vacation and thus any conditions must be complied with prior to the vacation becoming effective.
(c) Once the City Council adopts its Resolution of Vacation, which is then recorded with the County, the vacation shall be complete.

PART 6 – VIOLATIONS, REVOCATIONS, OTHER PENALTIES, AND

APPEALS

12.30.250 – Violations and Other Penalties.

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(A) General.
(i) Failure to abide by the requirements of Chapter 12.30. (ii) Violation of any Permit condition(s).
(iii) Failure apply for and obtain a Permit.
(iv) Failure to maintain a Permit on-site.
(v) Improper public notice.
(B) Excavation (Streets and Paving).
(i) Failure to hold a pre-construction meeting in advance of a “Major Project.”
(ii) Improper site protection (e.g., improper plating, path of travel, barricading, etc.)
(iii) Improper trench trimming.
(iv) Trenches left open after allowed work hours when not backfilled and covered.
(v) Failure to comply with trench restoration requirements. (vi) Improper housekeeping (e.g., failure to remove spoil, dirty site, no sweeping, etc.).
(vii) Failure to provide notice will result in an Administrative Citation and a Stop Work Order.
(viii) Any other excavation code violations.
(c) Suspension.

When City Engineer finds that protection of public health or safety from imminent danger necessitates suspension of Encroachment Permit, City Engineer may suspend the Permit immediately, pending a hearing for remedial action or suspension.

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dangerous condition is corrected;
(4) Modification or reinstatement of the Encroachment Permit, with necessary conditions to prevent public harm.
(d) City Manager, within ten (10) days after the close of the hearing, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. City Manager’s decision may be appealed to the City Council by filing a written appeal with the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.

12.30.270 – Revocation.
(a) City Engineer may recommend that City Manager revoke a Permit or Encroachment Agreement when:
(1) Permittee has violated any provision of this Code or any Permit condition; or (2) Permittee fails to pay any required fees or to post or maintain any bond or insurance this Chapter requires; or
(3) Encroachment for which the Permit was granted adversely affects safety, capacity or integrity of City’s ROW or increases City’s liability exposure; or (4) Encroachment causes City to incur substantial additional maintenance costs; or
(E) Permit application contained material misrepresentations, omissions, or inaccuracies.

12.30.280 – Appeals.
(a) Decisions on Permits and Encroachment Agreements.
(1) Denial. City Engineer shall put their decision to grant or to deny a Permit in writing and deliver it to Applicant within five (5) calendar days following the decision. Notice of a decision to deny the Permit shall enumerate the reason(s) for denial.
(2) Approval. City shall post a notice of decision to approve a Permit at its Engineering Services’ public counter beginning on the date of the decision. The approval notice shall be posted at the site of the encroachment for no fewer than ten (10) calendar days beginning within five (5) calendar days from the date of City Engineer’s the decision. This cumulative period of 10 days shall be known as the “appeal period.”
(b) Appeal Period.

No Permit shall be issued until after the ten (10)-day appeal period expires. If City does not receive a timely filed appeal, it may issue the Permit after the appeal period expires.

If City receives a timely filed appeal, it shall not issue a permit until the appeal’s final resolution.

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12.30.290 – Appeals and Hearings.
(a) Any person aggrieved by City Engineer’s decision may appeal by submitting a written appeal to City Clerk within fifteen (15) days of the date of the decision. Appeal fee shall be remitted as listed in the City's Master Fee Schedule at the time of appeal submission.
(b) City Council shall hold a hearing on the appeal at a regularly scheduled meeting not fewer than fourteen (14) days and not greater than forty-five (45) days after City receives the appeal. City shall provide appellant at least ten (10) days’ written notice of the hearing’s date and time. City Council’s decision on the appeal shall be final and binding.

Chapter 12.29 STREET OPENING AND PAVEMENT RESTORATION

REGULATIONS

12.29.010 - Purpose.

The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.

To achieve the purpose of this chapter, the City of Richmond shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time.

Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve-month period.
(Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.020 - Definitions.

As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbour Way, MacDonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue, and Thirty-Seventh Street.

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"Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete."
"Chip seal" (see the definition of "Slurry seal").
"City" means the City of Richmond, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:
(1) Excavating or disturbing the public right-of-way;
(2) Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
(3) Planting any tree, shrub, grass, or other growing thing within the public rightof-way; (4) Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;
(5) Constructing, placing, or maintaining on, over, under, or within a public rightof-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;
(6) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, his or her designee. "Excavation" means any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an encroachment permit. "Excavator" means the applicant/permittee to whom an encroachment permit is issued for the purposes of excavation.
"Facility" means any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain;

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manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.
"Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty-Third Street. "Major defects" means any defects greater than the deficiency tolerances specified in the City of Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications. "Micro paving" (see the definition of "Slurry seal").
"Micro surfacing" (see the definition of "Slurry seal"). "Permittee" means any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.
"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.29.030.A, below). "Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement. "Public street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the State highway system.

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"Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than ½ inches in thickness. "Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area. "Street overlay" means one or more courses of asphalt construction on an existing pavement; usually greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement. "Structure" means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.
"Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way. "Wearing surface defects" mean the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.030 - Prohibition period.
(a) Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of at least a ½-inch thick layer of asphalt. For those streets with chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:
(1) Emergencies that endanger life or property.
(2) Interruption of essential utility service.
(3) Work that is mandated by City, State, or Federal law.

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(4) Service for buildings where no other reasonable means of providing service exists.
(5) Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
(b) To excavate in a prohibition street a waiver must be obtained. (1) To request a waiver, the applicant must submit a written request to the engineer. The request must include:
(A) The location of the excavation.
(B) Description of the work to be performed.
(C) The reason(s) the work was not performed before the street was paved.
(D) The reason(s) the work cannot be deferred until after the prohibition period.
(E) The reason(s) the work cannot be performed at another location. (F) The reason(s) it is justified to excavate the prohibition street. paid and all permit conditions are met.
(f) If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.
(g) As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code. (h) Permittees and excavators shall pay close attention to the location and alignment of all USA markings while performing their work.

USA Codes are:

Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
Sewer Green
Temporary Survey Markings Pink

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Proposed Excavation White
(i) If an excavator damages other facilities during their excavation work the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping. (j) Except in an emergency, street cut permits shall be taken out in advance of excavation work. An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days. (k) In the event of an emergency, the excavator shall notify the City of Richmond and apply for a street cut permit for "emergency work" within four (4) hours after the City of Richmond's office opens.
(l) Pre-construction meeting:
(1) A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
(2) The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
(3) For projects that are supposed to be completed within 15 days, and are not completed within the allowed time, the City may issue administrative citations if a pre-construction meeting was not held.
(4) The traffic control plan shall be approved prior to the pre-construction meeting.
(m) Permit duration shall be indicated on the permit:
(1) All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
(2) Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
(3) No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically approved for these hours.
(4) Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:
(A) When work shall be done.
(B) When work shall be completed.

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(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date, if no work has begun. (B) If the work is not diligently proceeding and there are delays of more than four (4) working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
(C) When the excavation, including the trench restoration, is completed or on the date specified on the permit as the expiration date. (6) The work is determined to be proceeding diligently if:
(A) After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
(B) The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
(n) A valid permit may be extended be requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for extension. (o) If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of the bond funds; all other permit fees are non-refundable.
(1) To request a refund, submit a written request to the engineer. (2) The request shall include:
(A) The reason for cancellation or withdrawal.
(B) The permit number.
(p) By accepting a street cut and/or encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:
(1) To follow all laws, rules, regulations, and permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws rules, regulations, and permit conditions.
(3) To indemnify the City of Richmond against all claims for personal injury or property damage that may arise in connection with the work.

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(q) The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the engineer.

Permit(s) shall be shown to the City of Richmond employees upon request. (r) The excavator shall provide public notifications when excavating in the public rightof-way. (1) Minor projects lasting longer than 48 hours but less than 15 working days shall provide 11″ × 17″ posters with 1-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:
(A) The names, address, and telephone number of the owner and the permittee.
(B) The start and completion dates of the project.
(2) Major projects lasting 15 working days or longer, the excavator shall:
(A) After the permit has been issued and at least five but no more than 30 calendar days before the anticipated start date of work, mail or deliver written notice to:
(i) Residents and occupants along the affected street.
(ii) Schools, churches, and other assembly uses within 300 feet of the affected street.
(iii) The City of Richmond Engineering Services and Public Works Departments.
(B) At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain 11″ × 17″ notices in accordance with paragraph (r)(1) above. The notices must contain:
(i) The name, address, and telephone number of the owner and the permittee.
(ii) A description of the project.
(iii) The start and completion dates of the project.
(iv) The name, address and 24-hour telephone number of a contact person.
(Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.050 - Excavation material.
(a) Pavement shall be cut to a straight, neat, vertical line prior to excavation.

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(b) All excavated material shall be removed from the job site within twenty-four (24) hours.
(c) Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in Section 12.29.060 of this chapter. (Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.060 - Backfill.
(a) Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, "Aggregate Base" or suitable material as required by the City of Richmond Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Richmond Standards. (b) When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
(c) Compaction tests shall be certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.
(Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.070 - Paving.
(a) Trenches shall be paved in accordance with the City of Richmond Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Richmond Standards, to a vertical face. The cut shall be a "T-Cut" according to City of Richmond Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box. Asphalt concrete shall be delivered and compacted in accordance with the City of Richmond Standard Plans and Specifications.

To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed. (b) For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead.

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Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
(c) For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
(d) Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
(e) Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater).
(f) Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. (g) Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%) relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch ( 5/16 ″) in ten feet (10′) in any direction.
(h) On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction. Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback. (i) All painted USA markings shall be removed by the permittee after the work has been completed.
(j) All damaged pavement markings and striping shall be replaced and restored by the permittee.
(Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.080 - Defects.
(a) Depressed trench pavement shall be repaired as follows:
(1) Wearing surface defects—Remove and restore wearing surface. (2) Major defects—Excavate, remove and restore surface and base The permit inspector will determine the severity of the defect.

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(b) Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer. (c) The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench.

The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Richmond reconstructs, repaves, or resurfaces the street.
(d) If there is a trench-related failure after the City of Richmond reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within 1 year of a trench repair. (e) When the City of Richmond determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.

If the responsible party refuses or fails to make the needed repairs immediately, the City of Richmond will make the repairs and:
(1) The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee. (2) The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures. (3) If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)

12.29.090 - Violations—Revocation and other penalties.

Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under State law. Potential enforcement measures include but are not limited to the following:
(a) Fine. If a City inspector finds that a contractor has committed any of the following violations then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule.

VIOLATIONS PENALTIES
(Not to exceed amount shown)

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1. Working without a permit. Administrative citation, stop work, and apply and pay for the required permit

2. Excavation without providing public
notice.

Administrative citation and stop work

3. Beginning a "Major Project" without
having a pre-construction meeting.

Administrative citation

4. Violation of permit conditions. Administrative citation

5. Improper site protection: improper
plating, path of travel, barricading, etc.

Administrative citation

6. No permit on site. Administrative citation
Administrative citation

7. Improper trimming of trench. Administrative citation

8. Any trench left open after the allowed
work hours that is not backfilled and
covered.

Administrative citation

9. Improper public notice: no notice sign,
wrong information on sign/notice.

Administrative citation

10. Non-compliance with trench
restoration requirements.

Administrative citation

11. Improper housekeeping: failure to
remove spoil, dirty site, no sweeping, etc.

Administrative citation

12. Other excavation code violations. Administrative citation The above fines, when assessed, shall be deducted from the cash deposit required by

12.29.040(e)(1) of this section or will be paid by the applicant if there is not a cash deposit.
(b) Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation. The engineer shall, within three (3) working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
(1) An order to correct any particular noncompliance.
(2) A revocation of the encroachment permit.

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(3) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
(4) A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.

The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
(c) Revocation. The engineer may recommend that the City Manager revoke a permit where he or she finds that:
(1) The permittee has violated any provision of this Code or conditions of the permit; or
(2) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
(3) The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the City's public right-of-way or increases the City's liability exposure; or
(4) The encroachment is causing the City to incur substantial additional maintenance costs; or
(5) Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.

The engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section

12.30.060.B of this Code.
(Ord. No. 39-09 N.S., § I, 12-1-2009)

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SECTION 2.

SEVERABILITY CLAUSE If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause, or phrase SECTION 3.

This Ordinance shall be effective thirty (30) days after passage and adoption. First introduced at a regular meeting of the City Council of the City of Richmond held ___________, 2022, and finally passed and adopted at a regular meeting held __________, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_________________________________________

CLERK OF THE CITY OF RICHMOND (SEAL)
Approved:
___________________________
Mayor
Approved as to form:
____________________________
City Attorney

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Chapter 12.30 – ENCROACHMENTS AND EASEMENTS IN THE PUBLIC RIGHTS OF WAY

Utility owners and franchisees should strive to coordinate street excavations to allow for simultaneous work and to prevent a street from multiple excavations within a twelve (12)-month period.

PART 1 - GENERAL

12.30.020 - Definitions
As used inthis chapter:
“Agreement” means “Encroachment Agreement,” as defined below. “Applicant” means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street and who has applied for a permit for the proposed encroachment, pursuant to the provisions of this chapter.
“Arterial street” means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty-Seventh Street. “Asphalt concrete” or “AC” means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, “Asphalt Concrete” and the Caltrans Standard Specifications Section 39, “Asphalt Concrete.”
“Chip Seal” (see the definition of “Slurry Seal”).
“City Projects” mean any city-funded construction or reconstruction, including but not limited to, public works projects and community facilities (e.g. libraries, community centers, et al.), excluding public/private partnerships.

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“Communications service equipment” and “communications service facilities” mean the equipment and Facilities used by a video service provider to provide cable or video service.
“Easement” or “Easements” mean interest(s) in land of another entitling easement owner to limited use or enjoyment of other’s land, evidenced by an instrument recorded on and burdening the landowner’s title, and as provided in California Civil Code Section § 887.010, et seq.
“Encroach” or “Encroaching” means constructing or placing temporary or permanent structures, improvements, Facilities or materials in, on, over, or under any ROW or using any ROW so as to prevent, obstruct, or interfere with the normal use of that way. The right to encroach is in the nature of a license and is revocable by the City at any time as provided herein. Encroachment includes, but is not limited to, the performance of any of the following acts:
(a) Excavating or disturbing the ROW;
(b) Erecting or maintaining any post, sign, pole, fence, guardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other Facility or structure on, over, or under a ROW;
(c) Planting any tree, shrub, grass or other growing thing within the ROW; (d) Placing or leaving on the ROW any rubbish, brush, earth or other material;
(e) Constructing, placing, or maintaining on, over, under or within a ROW any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage Facility; or any pipe, conduit, wire, communication service equipment or Facilities, or cable; (f) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the ROW, which causes, or may cause, an encroachment.
“Encroachment Agreement” means a written, contractual license agreement between the City and a private landowner regarding the terms and conditions of a Facility in the ROW; and, which agreement is recorded on the property’s title and binding on its successors thereafter unless revoked by the City.
“Encroachment” means the act of encroaching, as defined above. “Excavation” means any trench cuts within the street ROW to access or install a utility line or any related Facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an Encroachment Permit.

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“Facility” or“Facilities” mean any fiber-optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including but not limited to: curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any ROW. “Landowner” means any real-property owner abutting or adjacent to the ROW as defined herein.
“Licensee” means the “Permittee” under the Permit; or could be the person with the right to Encroach under an “Encroachment Agreement;” or the person with pre-existing or other Encroachment right(s) hereunder.
“Major arterial street” means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Richmond Parkway, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty-Third Street.
“Major defects” means any defects greater than the deficiency tolerances specified in the City of Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications. “Micro Paving” (see “Slurry Seal” definition).
“Micro Surfacing” (see “Slurry Seal” definition).
“Parklet” is the use of existing parking spaces in the public street as non-exclusive outdoor dining spaces for restaurants on abutting properties. See RMC Chapter

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or the manager, lessee, agent, servant, officer, or employee of any of them, or any other entity, which is recognized by law as the subject of rights or duties, not including the City or its officers, employees, or agents. “Prohibition Street” means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.30.140, below). “Public Right-of-Way” or “ROW” means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for, or dedicated to, the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.
“Public Street” means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as, and declared to be part of, the City system of public streets, except highways forming a part of the State highway system. “Slurry Seal” means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than one-half (½)-inch thick. “Special District” means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
“Street Overlay” means one or more courses of asphalt construction on an existing pavement; usually greater than one-half (½)-inch thick; and generally includes an asphalt leveling course to contour-correct old pavement. “Street Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. A street or highway is defined as all or part of, or any right in, a state highway or other public highway, road, street, alley, trail, or other public right-of-way or easement. “Public Service Easement” means an easement acquired for public use by dedication or otherwise, for sewers, pipelines, electrical or water transmission lines, storm drains, drainage canals, and other limited use public easements other than for street or highway purposes.

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“Structure” means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard-rail, wall, Facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage Facility, pipe, embankment, or excavation.
“Underground utility district” has the meaning set forth in Chapter 12.48 of the Richmond Municipal Code.
“Utility company” shall mean any public utility company or entity authorized to work in the public right of way providing public utility services such as water, electricity, natural gas, telephone, and communication. “Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise, is entitled to install its Facilities in the ROW. “Video Service” has the meaning set forth in California Public Utilities Code Section 5830(s).
“Video Service Provider” has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined inPublic Utilities Code Section 5830(b), or open-video system operator as defined inPublic Utilities CodeSection 5830(n).

2.30.030 – Applicability and Exceptions
Any person must obtain a Permit or Agreement in accordance with this Chapter before placing any Encroachment in, on, over, or under any ROW within the City. (a) For purposes of this Chapter, a person may include, but is not limited to: Video Service Provider, Utilities, and Special Districts; or construction by private contract of any work in the ROW (e.g., sewer laterals, et al.). Where the provisions conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control. (b) Notwithstanding subsection (a), above, no Permit or Agreement shall be required for any of the following:
(1) Actions of any City officer or employee engaged in the discharge of official duties;
(2) Performance of work under contracts to the City, including work for City project(s);
(3) Encroachments existing prior to this Chapter’s effective date; however, nothing in this Chapter shall preclude City Engineer from requiring an appropriate Permit or Agreement documenting the rights and obligations of the licensee, and any preexisting Encroachment remains subject to removal at any time when City

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Engineer determines the Encroachment adversely affects the safety, capacity, or integrity of the ROW and interferes with public use;
(4) Maintenance or repair of existing pipes, Facilities, conduits, or other structures lawfully on, or under, a ROW where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street; (5) Emergency street cut or excavation in ROW to repair a broken or defective pipe, Facility, or conduit lawfully on, or under, a public arterial street, for the preservation of life and property when an urgent necessity arises, and City offices are closed. Reasonable vehicular and pedestrian barriers, or other traffic controls, shall be provided during the performance of these repairs. Person performing the repair work shall notify the City’s Engineering and Police Department(s) by telephone at the time any such repair work is commenced and must apply for a Permit within one (1) calendar day after City offices re-open; (6) Planting, trimming, pruning or removal of any new or existing tree, shrub, or plant within the ROW where a Permit is issued for such work pursuant to the Code’s Chapter 10.08, and where no traffic lane closure is anticipated; (7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of the Code’s Chapter 15.04;
(8) City Council-approved street closures for special events. (c) Notwithstanding subsections (a) and (b), above, none of the provisions in this Chapter shall apply to “Part 3 – Private Landowner Encroachment(s) Into Unimproved Portions of the ROW” unless expressly stated.
(d) Any Encroachment that requires, but does not have, a Permit shall be deemed a violation of this Chapter and a public nuisance, which the City may abate pursuant to any applicable provision of law including, but not limited to, this Code’s Chapter 9.22.

12.30.050 – Permit Application Requirements

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(a) An application for an Encroachment Permit, including renewal of an existing Permit, shall be on a City Engineer-prescribed form. The Applicant shall sign the form, which shall include all the following materials unless the City Engineer provides a written waiver:
(1) Name, address, and telephone number of the Applicant; (2) Name, address, and telephone number of the contractor, if a contractor will perform any proposed work and contractor is not Applicant; (3) Location, purpose, extent, and nature of the proposed work; (4) Period of time when the proposed work will be performed; (5) Traffic and pedestrian control plan(s) for the proposed work’s location; (6) Certificate of insurance from Applicant’s and/or contractor’s insurance carrier in a form satisfactory to the City, and which names the City as an additional insured;
(7) Key map and detailed improvement plan showing all Facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent Facilities and information the City Engineer requires. Unless exempted by State law, a California Registered Professional Civil Engineer shall prepare a detailed improvement plan;
(8) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;
(9) Current maps and records of the underground Facilities at the site; (10) Encroachment Permit fee set forth in the City’s Master Fee Schedule. (11) A deposit sufficient to cover the cost of mailed notice if required. (b) In signing the application, Applicant attests that all information in support of the application is true and correct. When Applicant submits a completed and signed application form, all supporting documents and information, and the required fee, the application will be deemed complete. The City Engineer shall act upon an application for an Encroachment Permit within sixty (60) days after the application is complete. (c) Registration. Prior to applying for a Permit, the City may require an individual performing the encroachment work to register with the City for a Permit and to provide the following:
(1) Warranty Bond: a cash deposit equal to the greater of five-hundred dollars ($500.) or twenty-five percent (25%) of the work’s value. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City’s standards or Permit requirements;
(2) A current City Business License;
(3) Current Certificate of Insurance meeting the requirements of Section 12.30.090, below;
(4) 24-hour phone number for emergencies; and
(5) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the individual who will receive all City

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correspondence.
(d) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216. (e) Permittees shall pay close attention to the location and alignment of all USA markings while performing their work.

USA Codes:

Electric: Red
Gas-Oil: Yellow
Communication-CATV: Orange
Water: Blue
Sewer: Green
Temporary Survey Markings: Pink
Proposed Excavation: White
(f) Excepting emergencies, Permits shall be pulled in advance of work. An emergency exists only for: life or property endangerment; or when an essential utility service is, or may be, interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
(g) In an emergency occurs, Permittee shall notify the City, and apply for a Permit for “emergency work,” within four (4) hours after the City offices open. (h) Pre-construction meeting:
(1) A pre-construction meeting shall be held for all projects scheduled to take more than fifteen (15) working days to complete.
(2) Meeting attendees shall include the owner, contractor, any other involved agency, and the City.
(3) The City may issue administrative citations if a project scheduled for completion within fifteen (15) days exceeds the fifteen-day timeline and a pre-construction meeting was not held
(4) The City shall approve the traffic control plan prior to the pre-construction meeting.
(i) By accepting a Permit, the Facility’s Permittee and/or Owner to whom the Permit has been issued agree to all the following:
(1) To follow all laws, rules, regulations, and Permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and Permit conditions.
(3) To indemnify the City against all claims for personal injury or property damage that may arise in connection with the work.

12.30.060 – Permit Application Requirements for Excavations

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In addition to the general permit application requirements in Section 12.30.50, any permit application related to excavation work shall also be subject to the provisions of this section.
(a) Any excavation work within the City’s ROW shall require a Permit specifically for excavation in addition to other required Permits. The individual performing the work shall apply for the Permit.
(b) All Permit applications for excavation work shall include plans that indicate the following:
(1) Street name to be excavated and nearest cross street. (2) Distance of proposed excavation from face of curb.
(3) Distance of proposed excavation from intersection.
(4) Size of the excavation (length and width).
(5) Location of any aboveground Facilities to be installed, showing:
(A) Distance from curb and any street Facilities/furnishings. (B) Purpose of the Facility.
(C) Size of the Facility.
(D) Location of doors and door swings.
(6) Location of any existing and to-be-installed underground Facilities showing:
(A) Conduit vaults, maintenance holes, pipes, etc.
(B) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
(C) Construction method of the structure to be installed. (D) Construction detail, location, size, design criteria and the purpose of the Facility to be installed.
(7) Cross-section of a typical trench indicating:
(A) Approximate depth of the installed Facility.
(B) Trench-backfill depth, compaction, and layer depths. (C) Pavement section detail (type and depths).
(D) Plans, structural details, and trench cross-section must be signed and stamped by a licensed civil engineer, when legally required. (8) The plan may show the approximate excavation location, provided that the excavation’s exact location is shown on the “as- built” plan. These “as-built” plans shall be submitted prior to the City’s Permit finalization. (c) If Permittee damages other Facilities during excavation work, Permittee will need a separate Permit to repair the damaged Facility with additional excavation and trenching.

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12.30.070 – Permits and Encroachment Agreements - City’s Rights and Privileges, Generally
(a) At City’s request, Permittee shall relocate, remove, or abandon the encroachment at their sole expense for any of the following reasons, unless this requirement conflicts with any applicable local Code, state statute, or franchise agreement:
(1) City requires construction, reconstruction, or maintenance work (collectively, “work”) in the ROW that necessitates relocation, removal, or abandonment of an encroachment; or
(2) ROW placement of structures and/or Facilities conflicts with City construction, reconstruction, or maintenance work therein.
(b) When City requires relocation, City Engineer shall give Permittee written notice designating a reasonable time for encroachment relocation or removal, and Permittee shall act accordingly and to City Engineer’s satisfaction. In determining a reasonable time under this Section, City Engineer shall consider the following: nature of the encroachment, urgency of removal need; cost of removal, difficulty of removal; value of the property to the owner, and any other pertinent facts. (c) City Engineer reserves the right to suspend the Encroachment Permit or Agreement to protect the public from danger and to take such action necessary to correct the danger-posing condition. In the event of suspension, City Engineer shall notify the Permittee and provide opportunity for hearing.
(d) City Engineer may require other reasonable conditions, including installation of Facilities or structures to address accessibility and drainage to protect the public health, safety, and welfare.
(e) City reserves the right to inspect any structure or Facility in ROW (f) The City Engineer shall approve an Encroachment Permit upon making the following findings, and Permittees shall be subject to the relevant requirements of this Chapter and to all the following conditions, as applicable:
(1) Findings.
(A) Proposed encroachment contains no potential to cause a significant environmental effect(s); nor will it be detrimental to public’s health, safety, and welfare;
(B) Complete application contains all necessary, supporting information; (C) Applicant made reasonable efforts to erect, construct, use, operate, and/or maintain underground Facilities; provided, however, from and after the effective date of an underground utility district establishment, the Applicant shall erect, construct, use, operate, and maintain its Facilities underground. Where

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undergrounding is not feasible (excepting any area declared to be an underground utility district), the Applicant has made reasonable efforts to colocate Facilities on existing poles or other aboveground structures; (D) Proposed Facilities’ location is the best available option to minimize adverse impacts on the use of the ROW and on adjoining properties; (E) If application is for Permit renewal, Permittee has complied, and is in compliance with, current Permit and its conditions;

City Engineer may grant written extension of the time to complete installation, construction, or repair for good cause;
(5) Operate and use structures and Facilities in the ROW solely and exclusively for the purposes and uses as stated in the application;
(6) Not alter the purpose, use, or operator of the structures and Facilities without transfer approval;
A. Exception: any Landowner Encroachment Agreement shall be binding upon, and inure to the benefit of, Permittee’s successors in interest, heirs, or devisees.
(7) At their own expense, restore ROW to the same or better condition than before installation of at their own expense, restore ROW to the same or better condition than before installation of Facilities or structures upon removal or abandonment of same;
A. Failure to restore ROW may be deemed a violation of this Chapter and a public nuisance subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 1.04. (8) During construction, Permittee shall do all the following:
(A) Maintain a copy of Permit issued pursuant to this Chapter at the job site

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during work periods until project completion and City Engineer approval.

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claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to: attorney’s and expert’s fees and court costs, arising out of, or connected in any way with, the installation, operation, and maintenance of any Facilities in, or the use of, any ROW by Permittee or Permittee’s employees, officers, officials, agents, transferees, contractors, or subcontractors pursuant to the Permit or Agreement issued under this Chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action, or demands caused by Indemnitees’ sole negligence, willful misconduct, or criminal acts.
(c) To the maximum extent allowed by law, Permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action, or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a Permit or Agreement issued pursuant to this Chapter.
(d) Permittee and their contractors who perform ROW work shall secure a policy of broad form commercial general liability insurance naming City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by City’s Risk Manager, unless Permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or Facilities in, on, under or above the ROW. All contractors’ policies secured in compliance with this condition shall be in effect for the duration of contractor’s work in the ROW; all Permittees’ policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the ROW.
(e) Permittee and their contractors performing work in the ROW shall furnish to the City, and file with the City Clerk a corporate surety bond guaranteeing the faithful performance of the construction of such work and a separate bond to secure claims payments of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the construction costs of the work to be performed in the ROW. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.

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(2) Permits are not valid if there is failure to: obtain other, required Permits; or to provide required notifications.
(3) No traffic disruptions allowed before 8:00 a.m. and after 4:00 p.m. unless specifically approved.
(4) Some Permits may be valid on specific dates and approved with special conditions:
(A) When work shall occur.
(B) When work shall be completed.
(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date if no work has commenced. (B) If work does not proceed diligently, and if delays exceed four (4) working days once the work begins, unless the delay is caused by weather or other circumstances beyond the Permittee’s control.
(C) When the excavation, including trench restoration, is completed; or on the date the Permit specifies as the Permit expiration date. (6) Work proceeds diligently if:
(A) After a project begins, work continues regularly, except on: weekends and holidays; during inclement weather, labor disputes, or any emergency beyond Permittee’s control.
(B) Permittee ensures that all necessary materials and supplies are at hand and ready for use to avoid delaying the excavation and to ensure the prompt restoration of the ROW.
(d) Termination. An Encroachment Permit shall terminate on the date specified therein, or upon abandonment of the Facilities and/or structures constructed pursuant to such Permit. If the Encroachment Permit specifies no date, the Permit shall be considered of indeterminate duration.
(e) Extension. A Permittee may extend a valid Permit by requesting an extension prior to the Permit’s expiration date. Said request shall specify the change of date(s) and detailed reason(s) for the extension. The City Engineer reserves the right to deny the extension request.
(f) Renewal. A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date an Encroachment Permit or the Permit may lapse. A lapsed Permit may be deemed a violation of this Chapter, and the unpermitted encroachment may be considered a public nuisance, subject to City

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abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 9 22.
(g) Fees. Permit fees are due at the time the Permit issues. (1) Permit-application processing fees are non-refundable. (2) Prior to Permit issuance, all past due fees, fines, and penalties must be paid. (3) If a Permit violation occurs, the City will not process other application(s) until payment of all fines and penalties and until all Permit conditions have been met.
(4) If a permit application is withdrawn or if an approved permit is cancelled prior to the start of work, the Applicant or Permittee may request a refund of bond funds. To request a refund, submit a written request to the City Engineer, which shall include: The reason for cancellation or withdrawal and the Permit number.
(h) If an account is past due, or not in good standing, a Permit will not issue until the account is brought into good standing with all fees and fines remitted.

12.30.110 – Notice Requirements
(a) All Encroachment Permits and Licenses (Agreements) shall require Notice as follows:
(1) Applications: For applications that propose an aboveground encroachment, City Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor’s latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners’ association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the ROW, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the City Engineer within fifteen (15) days from the date of the letter and prior to the City Engineer’s action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors, or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(2) Generally. Excepting necessary emergency repairs, at least forty-eight (48) hours before commencing any work, which will obstruct or impede the flow of vehicular and/or pedestrian traffic, Permittee shall post notifications within the affected area to the satisfaction of City Engineer.
(3) Permitted Work. Permittee shall provide public notifications when excavating in the ROW as follows:
(A) Minor projects lasting longer than forty-eight (48) hours but fewer than fifteen (15) working days shall provide posters sized eleven-by-seventeen inches (11” x 17”) with one (1)-inch minimum-sized letters. Posters shall be displayed

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at the project’s initial and terminal point(s) and every 300 feet in between. (B) Posters must contain:
(i) Permittee’s name(s), address(es), and telephone number(s); and
(ii) Project’s start and completion date(s).
(C)For Major Projects lasting fifteen (15) working days or longer, Permittee shall do all the following:
(i) After Permit issuance, and at least five (5), but no more than thirty (30) calendar days, before the anticipated start date of work, Permittee shall mail or deliver written notice to:
(1) Residents and occupants along the affected street;
(2) Schools, churches, and other assembly uses within three hundred (300) feet of the affected street; and
(3) The City’s Engineering Services and Public Works
Department(s)
(ii) At least five (5) calendar days, but not more than fifteen (15) calendar days, prior to starting work: Permittee shall post and maintain notices in accordance with paragraph (3)(a) above. The notices must be sized eleven by seventeen inches (11” x 17”) and shall contain:
(1) Permittee’s name(s), address(es), and telephone
number(s);
(2) Project description;
(3) Project start and completion date(s);
(4) Project contact person’s name, address and twenty-four (24)-hour telephone number.

Permittees shall perform advanced planning to determine alternate methods of

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necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are:
(1) Emergencies endangering life or property.
(2) Interruption of essential utility service.
(3) Work mandated by City, state, or federal law(s).
(4) Building service where no other reasonable means of providing service exists. (5) Situations in which no alternative course of action exists, as determined by the City Engineer in writing and setting forth facts concluding that no alternative exists.
(b) Prohibition Street excavations shall require a waiver. (1) To request a waiver, Permittee shall submit a written request to the City Engineer that includes all the following:
(A) Excavation location;
(B) Description of the work to be performed;
(C) Reason(s) the work was not performed before the street was paved; (D) Reason(s) the work cannot be deferred until after the Prohibition Period;
(E) Reason(s) the work cannot be performed at another location; and (F) Reason(s) that justify the excavation of a Prohibition Street. (2) Any Prohibition Street excavations will be repaired with full lane-width paving on the street as follows (refer also to Section 12.30.150, Paving):
(A) Overlaid or reconstructed streets: All lanes that are affected shall be ground down two (2) inches and repaved with two (2) inches of asphalt concrete, OR all affected lanes shall be resurfaced pursuant to Section

12.30.150, Paving.
(B) Slurry Sealed, Chip Sealed, or Micro Surfaced streets: All affected lanes shall be resurfaced pursuant to Section 12.30.150, Paving. (C) If a lateral-cut excavation, a minimum of one (1)-foot on either side of the trench shall be resurfaced. For longitudinal trenches, the entire length shall be resurfaced plus one (1) foot on either end.
(D) Exception: Full lane-width restoration shall not be required if either of the following applies:
(i) The work is not defined as an excavation in Section 12.30.010. (ii) The work is performed on behalf of a low-income household to bring an owner-occupied, single-family residence into compliance with sanitary sewer regulations at any time other than as part of the residence’s sale. Low-income is defined as eighty percent (80%) of area median family income. This exception’s purpose is to prevent hardship to property owners with limited means, and it shall be interpreted and applied solely to achieve that purpose.

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(3) Before a Permit issues for Prohibition Street work, City Engineer will verify that Applicant analyzed all feasible alternatives for necessary repairs using a trenchless method in Prohibition Streets to avoid excavating a newly resurfaced street whenever possible.

Vertical faces shall be tack-coated. In Prohibition Streets, a paving machine or a spreader box shall place the final two (2) inches of asphalt concrete wearing surface.

Asphalt concrete shall be delivered and compacted in accordance with the City’s Standard Plans and Specifications.

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areas exit, any undamaged pavement area of three feet or less between the two damaged areas shall also be removed.
(b) Trenches in recently paved Prohibition Streets shall have the entire lane key-cut two (2)-inches deep and repaved with asphalt concrete, unless the Engineer provides written authorization to resurface with a polymer-modified slurry seal instead. When specifying the use of slurry seal instead of asphalt concrete, the Engineer’s authorization shall set forth the reasons for the specification. (c) Trenches in recently slurry sealed Prohibition Streets shall have the entire lane resurfaced with polymer-modified slurry seal.
(d) Trenches in concrete streets shall be repaved with concrete. New pavement thickness shall equal the existing pavement’s thickness, with a minimum six (6)-inch thickness in the roadway.
(e) Trenches in arterial and collector streets shall be paved with not less than six (6)- inches of asphalt concrete; or to the existing pavement’s thickness, whichever is greater.
(f) Pavement shall be restored within fourteen (14) working days – and within thirty (30) working days for minor excavations – beginning from the time the entire trench is backfilled, absent an excused delay for circumstances beyond the contractor’s control, such as inclement weather.
(g) Asphalt pavement shall be compacted to obtain a ninety-five percent (95%) minimum relative compaction. The asphalt concrete wearing surface shall contain no irregularity exceeding five-sixteenths (5/16) of an inch in ten (10) feet within any direction.
(h) On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until restoration of finish pavement. Steel plates used to bridge street openings shall be ramped to the match the adjacent pavement’s elevation and be secured against any directional movement. Temporary ramps shall be constructed of asphalt and shall have a gradual, 30:1 slope or flatter using asphalt cutback. (i) Permittee shall remove all painted USA markings after completion of work. (j) Permittee shall replace and restore all damaged pavement markings and striping.

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(b) City Inspector will determine the severity of the defect. Work that does not comply with the above requirements shall be rejected, removed, and redone by Permittee to City Engineer’s satisfaction.
(c) Permittee bears responsibility for any roadway defects over and adjacent to the trench that appear after Permittee restores the trench. Permittee shall maintain, repair, and/or reconstruct the excavation site’s affected area until City reconstructs, repaves, or resurfaces the street.
(d) If trench-related failure occurs after City reconstructs, repaves, or resurfaces the street, the Facility’s owner shall be responsible for repair if the failure occurs within one (1) year of trench repair.
(e) When City determines that an excavation, or a defect, is hazardous or constitutes a public nuisance, or poses an imminent threat to public health, safety, or welfare, City Engineer may order Permittee to remedy the condition immediately. (f) If Permittee refuses or fails to make the needed repairs immediately as ordered by City, then City will make the repairs and:
(1) Permittee will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by Permittee’s action or inaction.
(A) City’s repair or restoration does not relieve the Permittee from liability for future pavement failures.
(2) If Permittee fails or refuses to pay the restoration cost, City may use any legal means to recover the costs, including but not limited to, property liens and/or court action. In such action, City shall be entitled to recover its reasonable attorneys’ fees and costs.

PART 3 – PRIVATE LANDOWNER ENCROACHMENT(S) INTO UNIMPROVED

PORTIONS OF PUBLIC ROW

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(c) The Encroachment Agreement shall be in a form approved by the City Attorney; and include all relevant provisions of this Chapter; and be enforceable by the City. As a license, the Encroachment is revocable, pursuant to Part 6 hereof, at any time. (d) Exemptions.
(1) A Landowner may install minimal, low-height landscaping (e.g., ground cover; native grasses; succulents) in the adjacent or abutting ROW without an Encroachment Agreement.
(2) A Landowner may install curb cuts and driveways if part of a permitted improvement to provide on-site parking. See RMC Chapter 12.36.

The Landowner’s written letter of application shall include each of the following:
(1) Name, address, and telephone number of the Applicant; (2) Name, address, and telephone number of the contractor(s) if a contractor will perform any proposed work;
(3) Location, purpose, extent, and nature of the proposed work; (4) Period of time when the proposed work will be performed; (5) Traffic and pedestrian control plan for the proposed work’s location; (6) Certificate of insurance from Applicant’s and contractor’s insurance carrier in a form satisfactory to the City;
(7) Detailed plan(s) showing all Facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent Facilities; (8) The City shall provide written notice by first class mail to adjacent and abutting owners of properties located within 300 feet of the proposed Encroachment.
(9) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;

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(10) Encroachment Agreement fee set forth in the City’s Master Fee Schedule. (11) A deposit sufficient to cover the cost of notice specified by Section

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(D) The Encroachment does not substantially obscure the main property frontage.
(E) The Encroachment does not adversely impact or affect adjacent properties; and/or result in Facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.
(F) The Encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use. A standard setback should be no fewer than three (3) feet, subject to City Engineer’s determination that the area’s conditions or environment allows otherwise. (G) The Encroachment conflicts with a specific condition below, but the Encroachment is warranted due to special circumstances specifically identified and addressed in the Encroachment Agreement.
(2) Conditions.
(A) Landowner shall obtain all necessary approvals from City’s Planning, Building, and Engineering Department(s), and any impacted utility companies or video service providers, prior to the placement and construction of Encroachment(s).
(B) Landowner shall provide City with Certificates of General Liability Insurance, subject to the City Attorney’s and City Manager’s satisfaction. Landowner will provide these Certificates to the City annually by the anniversary date.

Landowner must notify City thirty (30) days prior to any cancellation or change in their insurance.
(C) Placement and construction of the Encroachment, if granted, shall be solely at the landowner’s expense. City Engineer shall establish standards by which the Encroachment shall be placed and shall be constructed in conformance with same.
(D) Landowner shall maintain the Encroachment as required by City Engineer and shall remove any and all of the Encroachment without any expense to, or replacement of improvements by City or public utility company upon ninety (90) days’ notice by City, or immediately by City, whenever, in City’s opinion, the condition of the Encroachment is determined to constitute a hazard to safety, health or public welfare or the affected area is needed for municipal or public utility purposes. City Engineer may require a deposit, or other security in a form approved by the City Attorney, for any damage to infrastructure or removal of the Encroachment. Following the removal of the Encroachment, the Landowner shall restore the ROW to a condition approximately the same as the condition of the right of way prior to installation of the encroachments.

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(E) Landowner shall remove the curb side parking in front of the Encroachment if the City determines that public health or safety necessitates it. (F) Landowner shall maintain the area over which said Encroachment is located, in a manner the City Engineer requires, for the life of the Encroachment Agreement.
(G) Landowner shall restore the sidewalks over the Encroachment for the public use when the Encroachment is terminated, modified, deviated from the original Encroachment improvement, or rescinded by City for any reasons. (H) Landowners shall indemnify, defend, and hold harmless City and all its Councilmembers, employees, officers and agents from all liability, claims, suits, damages, attorney’s fees, costs and expenses resulting from injury or damage to persons or property which may result from the maintenance, placement and/or construction of the Encroachment.
(I) Insurance.
(i) Landowner shall provide certificates of general liability insurance satisfactory to the City Attorney and Risk Manager. Certificates of liability insurance must be provided to the City annually.
(ii) Landowner must notify City thirty (30) days prior to cancellation or change in said insurance. General Liability insurance with minimum limits of $1 million per occurrence and $2 million in the aggregate shall be maintained at all times during the term of the Encroachment Agreement. (iii) Additional insured: The City, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of ownership, maintenance or use of the part of the premises located within the Encroachment area. An additional insured form CG 2012, or equivalent, is required. Landowner shall provide Certificate of Insurance naming the City as additional insured with the liability insurance limit(s) of $1 million for each occurrence and $2 million in the aggregate. (iv) Landowner’s insurance coverage must be primary as it pertains to the City, and the City’s insurance or self-insurance shall not be called upon to contribute to any loss or claim.
(v) Landowner’s insurance will provide a waiver of subrogation in favor of the City by virtue of payment of loss by landowner’s insurance coverage. (vi) Landowner shall maintain continuous coverage for the life of the Encroachment Agreement. Should Landowner fail to maintain insurance as required, the City may take such action as it deems necessary to

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protect the City’s interests. Such action may include, but is not limited to, termination of the Encroachment Agreement or other action as the City deems appropriate.
(vii) If the Encroachment Agreement application is approved, the finalized Encroachment Agreement shall be recorded in the office of the County Recorder of Contra Costa County, California. The terms and conditions of the Encroachment Agreement shall be binding on the legal owner(s) of the property and any legal successor(s) or assign(s), including future bona fide purchaser(s).
(J) The Encroachment does not obstruct:
(i) More than nine (9) feet of a one (1)-way street travel lane, which includes space for a four (4)-foot sidewalk on one side; (ii) More than eighteen (18) feet of two (2)-way street travel lanes, which includes space for a four (4)-foot sidewalk on one side.

12.30.200 – Public Hearing Required
All Encroachment Agreement applications shall be subject to a public hearing by the granting authority, which shall be the City Council.
(a) The City Council shall conduct a public hearing on the application for an Encroachment Agreement. The City Clerk’s Office shall set a time and place for such hearing, which shall be held within thirty (30) days of the City’s receipt of a complete application.
(b) At least ten (10) days before the public hearing, the City shall make available to the public copies of the Encroachment Agreement application in the office of the City Clerk. (c) Additionally, at least ten (10) days before the hearing, if the hearing date is different than the date on the notice provided in Section 12.30.180, the date on the posted notice shall be corrected.
(d) In addition to the posting of notice, a public hearing notice shall be mailed not fewer than ten (10) days prior to the date of such hearing to all property owners having property, and each residential or other unit, within three hundred (300) feet of the application’s subject property.
(e) After receiving public comment at the hearing, the City Council shall approve, deny, or modify the Encroachment Agreement based on the required findings of Section

12.30.190 within thirty (30) days following the hearing. (f) Findings for approving an Encroachment Agreement are set forth in Section

12.30.190(a)(1)(A-G).

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(g) The City shall promptly notify the Applicant in writing of its decision on the Encroachment Agreement application. The City shall also mail notice of its decision to members of the public who have requested notice.

PART 4 – EASEMENTS

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(1) Recording a covenant of Easement made by an owner of real property to the City.
(2) At the time of the recording, all real property benefited or burdened by the covenant shall be in common ownership.
(3) Covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, except that it shall not merge into any other interest in the real property.

PART 5 – STREET VACATIONS

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12.30.230 – Summary Vacations
(a) Pursuant to California Streets and Highways Code section 8300, et seq., if the vacation affects a street or highway, the following circumstances will qualify for a summary vacation:
(1) The street or highway has been superseded by relocation, and the vacation would not terminate all access to another person’s property or terminate a public service Easement; or
(2) For a period of five (5) consecutive years, the street or highway has been impassable for vehicular travel, and no public money was expended for maintenance purposes during the same period; or
(3) The street or highway is excess ROW and not required for street or highway purpose(s); or
(4) The portion of a street or highway to be vacated lies within property under one (1) ownership and does not continue through such ownership or end touching property of another.
(b) If the vacation would affect a public service Easement, the following circumstances would qualify for summary vacation:
(1) The Easement has not been used for its dedicated purpose for five (5) consecutive years immediately preceding the proposed vacation; or (2) The date of dedication or acquisition is fewer than five (5) years, but more than one (1) year, immediately preceding the proposed vacation, and the Easement was not used continuously since that date; or
(3) The Easement has been superseded by relocation, and there are no public facilities located within the Easement.

12.30.240 – General Vacations

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If the proposed vacation does not meet any of the criteria in Section 12.30.230 it is a General vacation.
(a) City Council may, on its own initiative, may hold a public hearing on the street vacation whose process shall follow Streets and Highway Code Section 8300, et seq. and as amended from time to time.
(b) City Council’s decision is final and not subject to appeal. City Council may conditionally approve a vacation and thus any conditions must be complied with prior to the vacation becoming effective.
(c) Once the City Council adopts its Resolution of Vacation, which is then recorded with the County, the vacation shall be complete.

PART 6 – VIOLATIONS, REVOCATIONS, OTHER PENALTIES, AND

APPEALS

12.30.250 – Violations and Other Penalties.

Any violation of this Chapter may be enforced as an infraction, misdemeanor, or by any remedy available to City under this Code or state or federal law(s). These provisions are equally applicable to enforcement action(s), including of Permits and Encroachment Agreements. Potential enforcement measures include but are not limited to:
(a) Fine. Whenever a City Inspector finds that anyone or any entity subject to this Chapter is placing, or has placed, an encroachment in the ROW without the appropriate Permit, the City Inspector will require (1) stop work, if construction is ongoing; (2) application for a Permit; and (3) payment of Permit fee and a fine equal to same; (b) Violations and Penalties.
(1) Working without a Permit may result in an Administrative Citation, a Stop Work Order, and a mandate to apply and pay for the required Permit. (2) The following violations may result in an administrative citation:
(A) General.
(i) Failure to abide by the requirements of Chapter 12.30. (ii) Violation of any Permit condition(s).
(iii) Failure apply for and obtain a Permit.
(iv) Failure to maintain a Permit on-site.
(v) Improper public notice.
(B) Excavation (Streets and Paving).
(i) Failure to hold a pre-construction meeting in advance of a “Major Project.”
(ii) Improper site protection (e.g., improper plating, path of travel,

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barricading, etc.)
(iii) Improper trench trimming.
(iv) Trenches left open after allowed work hours when not backfilled and covered.
(v) Failure to comply with trench restoration requirements. (vi) Improper housekeeping (e.g., failure to remove spoil, dirty site, no sweeping, etc.).
(vii) Failure to provide notice will result in an Administrative Citation and a Stop Work Order.
(viii) Any other excavation code violations.
(c) Suspension.

12.30.260 – Procedures for Suspension or Revocation.
(a) Within three (3) working days of the emergency suspension or revocation, City Engineer will give Permittee written notice of same. Notice shall be delivered to Permittee’s last known address by personal service or by first-class mail, postage prepaid.
(b) Within fifteen (15) days following service of written notice for either suspension or revocation, Permittee may file a request for hearing with the City Manager. City Manager shall schedule a hearing on the suspension or revocation within five (5) working days of receipt of a request for hearing.
(c) After the hearing, if City Manager finds that public health or safety requires correction or alteration of any condition caused by, or existing on the site of, the encroachment, City Manager shall issue one or more of the following:
(1) Order to correct any noncompliance;
(2) Revocation of the encroachment Permit;
(3) Continued suspension of the Encroachment Permit, until such time as the dangerous condition is corrected;
(4) Modification or reinstatement of the Encroachment Permit, with necessary conditions to prevent public harm.
(d) City Manager, within ten (10) days after the close of the hearing, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. City Manager’s decision may be appealed to the City Council by filing a written appeal with the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.

12.30.270 – Revocation.
(a) City Engineer may recommend that City Manager revoke a Permit or Encroachment Agreement when:

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(1) Permittee has violated any provision of this Code or any Permit condition; or (2) Permittee fails to pay any required fees or to post or maintain any bond or insurance this Chapter requires; or
(3) Encroachment for which the Permit was granted adversely affects safety, capacity or integrity of City’s ROW or increases City’s liability exposure; or (4) Encroachment causes City to incur substantial additional maintenance costs; or
(E) Permit application contained material misrepresentations, omissions, or inaccuracies.

No Permit shall be issued until after the ten (10)-day appeal period expires. If City does not receive a timely filed appeal, it may issue the Permit after the appeal period expires.

If City receives a timely filed appeal, it shall not issue a permit until the appeal’s final resolution.

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Chapter 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL DISTRICT –

ENCROACHMENTS AND EASEMENTS IN THE PUBLIC RIGHTS OF WAY

12.30.010 - Purpose.– PURPOSE
The Public Rights-of-Way are unique, physically limited public resources held in trust for the public’s benefit of the public. These physically limited resources, and they require proper management to maximize their efficiency and minimize the taxpayers’ costs to taxpayers,; to protect against foreclosure of future economic expansion because ofdue to premature exhaustion of the public rights-ofway,these resources; and to minimize the inconvenience to, and negative effects on, the public from use of the publicthese rights-of-way by individuals, contractors, utility companies, video service providers, utilities and, special districts, et al.

Utility owners and franchisees should strive to coordinate street excavations to allow for simultaneous work and to prevent a street from multiple excavations within a twelve (12)-month period.

PART 1 - GENERAL

12.30.020 - Definitions.

As used inthis chapter:
"Agency"
“Agreement” means the Richmond Community Redevelopment
Agency,“Encroachment Agreement,” as defined below.
“Applicant” means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public body corporateplace, right of way, sidewalk, or street and politicwho has applied for a permit for the proposed encroachment, pursuant to the provisions of this chapter. "
“Arterial street"” means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty-Seventh Street. "City"
“Asphalt concrete” or “AC” means the governmentblend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond, a chartered city and a municipal corporation duly organized Standard Specifications Section 39, “Asphalt Concrete” and validly existing under the lawsCaltrans Standard

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Specifications Section 39, “Asphalt Concrete.”
“Chip Seal” (see the definition of the State of California,“Slurry Seal”). “City Projects” mean any city-funded construction or reconstruction, including but not limited to, public works projects and all departments, divisions and offices thereofcommunity facilities (e.g. libraries, community centers, et al.), excluding public/private partnerships.
"
“Communications service equipment"” and "“communications service facilities"” mean the equipment and Facilities used by a video service provider to provide cable or video service.
"
“Easement” or “Easements” mean interest(s) in land of another entitling easement owner to limited use or enjoyment of other’s land, evidenced by an instrument recorded on and burdening the landowner’s title, and as provided in California Civil Code Section § 887.010, et seq.
“Encroach"” or “Encroaching” means constructing or placing temporary or permanent structures, improvements, Facilities or materials in, on, over, or under any public right-of-wayROW or using any right-of-wayROW so as to prevent, obstruct, or interfere with the normal use of that way, including. The right to encroach is in the nature of a license and is revocable by the City at any time as provided herein. Encroachment includes, but is not limited to, the performance of any of the following acts:
(1) a) Excavating or disturbing the public right-of-way;ROW; (2b) Erecting or maintaining any post, sign, pole, fence, guardrailguardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other Facility or structure on, over, or under a public rightof-way;ROW; (3) c) Planting any tree, shrub, grass or other growing thing within the public right-of-way;ROW;
(4d) Placing or leaving on the public right-of-wayROW any rubbish, brush, earth or other material;
(5) e) Constructing, placing, or maintaining on, over, under or within a public right-of-wayROW any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage Facility; or any pipe, conduit, wire, communication service equipment or Facilities, or cable;

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(6f) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-wayROW, which causes, or may cause, an encroachment. "Engineer" means the City Engineer, or his or her designee. "Facility" means
“Encroachment Agreement” means a written, contractual license agreement between the City and a private landowner regarding the terms and conditions of a Facility in the ROW; and, which agreement is recorded on the property’s title and binding on its successors thereafter unless revoked by the City.
“Encroachment” means the act of encroaching, as defined above. “Excavation” means any trench cuts within the street ROW to access or install a utility line or any related Facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an Encroachment Permit. “Facility” or“Facilities” mean any fiber-optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including but not limited to: curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible thingthings located in, upon, above, beneath, or across any public right-ofwayROW. "
“Landowner” means any real-property owner abutting or adjacent to the ROW as defined herein.
“Licensee” means the “Permittee” under the Permit; or could be the person with the right to Encroach under an “Encroachment Agreement;” or the person with pre-existing or other Encroachment right(s) hereunder.
“Major arterial street"” means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, R.H.Richmond Parkway, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty-Third Street.
"
“Major defects” means any defects greater than the deficiency tolerances specified in

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the City of Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications. “Micro Paving” (see “Slurry Seal” definition).
“Micro Surfacing” (see “Slurry Seal” definition).
“Parklet” is the use of existing parking spaces in the public street as non-exclusive outdoor dining spaces for restaurants on abutting properties. See RMC Chapter

14.46. “Permit” means any Permit referenced in, or required by, this Chapter. “Permittee"” or “Licensee” means any means any person, video service provider, utility or special district thatfirm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street, and who has been issued a permit for the proposed encroachment pursuant to the provisions of this Chapter, including any lawful successor, transferee, or assignee of the original Permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"
“Person"” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them, or any other entity, which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency'sor its officers, employees, or agents. "
“Prohibition Street” means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.30.140, below). “Public Right-of-Way"” or “ROW” means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for, or dedicated to, the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.
"
“Public Street"” means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as, and declared to be part of, the City system of public streets, except highways forming a part of the State highway system.

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"
“Slurry Seal” means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than one-half (½)-inch thick. “Special District"” means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
"
“Street Overlay” means one or more courses of asphalt construction on an existing pavement; usually greater than one-half (½)-inch thick; and generally includes an asphalt leveling course to contour-correct old pavement. “Street Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. A street or highway is defined as all or part of, or any right in, a state highway or other public highway, road, street, alley, trail, or other public right-of-way or easement. “Public Service Easement” means an easement acquired for public use by dedication or otherwise, for sewers, pipelines, electrical or water transmission lines, storm drains, drainage canals, and other limited use public easements other than for street or highway purposes.
“Structure"” means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard-rail, wall, Facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage Facility, pipe, embankment, or excavation.
"
“Underground utility district"” has the meaning set forth in Chapter 12.48 of thisthe Richmond Municipal Code.
"Utility"
“Utility company” shall mean any public utility company or entity authorized to work in the public right of way providing public utility services such as water, electricity, natural gas, telephone, and communication. “Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise, is entitled to install its Facilities in the public rights-ofwayROW. "

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“Video Service"” has the meaning set forth in California Public Utilities Code Section 5830(s).
"
“Video Service Provider"” has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined inPublic Utilities Code Section 5830(b), or open-video system operator as defined inPublic Utilities Code Section 5830(n).
12 2.30.030 -– Applicability. and Exceptions
(a) Except as specified in subsection (b), below, before placing any encroachment in, on, over, or under any public right-of-way within the City, a video service provider, utility, or special district must obtain a permit in accordance with this chapter.

Any person must obtain a Permit or Agreement in accordance with this Chapter before placing any Encroachment in, on, over, or under any ROW within the City. (a) For purposes of this Chapter, a person may include, but is not limited to: Video Service Provider, Utilities, and Special Districts; or construction by private contract of any work in the ROW (e.g., sewer laterals, et al.). Where the provisions conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control. (b) Notwithstanding subsection (a), above, no Permit or Agreement shall be required pursuant to this chapter for any of the following:
(1) The Actions of any City officer or employee of the City or Agency engaged in the discharge of official duties;
(2) The Performance of work under contracts to the City or Agency, including work for City or Agency projects;project(s);
(3) Encroachments existing prior to thethis Chapter’s effective date of this chapter; provided,; however, that nothing in this Chapter shall preclude theCity Engineer from requiring an appropriate Permit or license for or removal of any suchAgreement documenting the rights and obligations of the licensee, and any preexisting encroachment where the Encroachment remains subject to removal at any time when City Engineer determines the encroachment Encroachment adversely affects the safety, capacity, or integrity of the City'sROW and interferes with public right-of-wayuse;

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(4) Maintenance or repair by a video service provider, utility or special district of existing pipes, Facilities, conduits, or other structures lawfully on, or under, a public right-of-wayROW where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street;
(5) The making of an Emergency street cut or excavation in the public right-ofway by a video service provider, utility or special districtROW to repair a broken or defective pipe, Facility, or conduit lawfully on, or under, a public arterial street, as may be necessary for the preservation of life and property when an urgent necessity therefor arises, and theCity offices of the City are closed, provided that . Reasonable vehicular and pedestrian barriers, or other traffic controls, shall be provided during the performance of any suchthese repairs. The video service provider, utility or special districtPerson performing the repair work shall notify the City'sCity’s Engineering Department and Police Department(s) by telephone at the time any such repair work is commenced and must apply for a Permit within one (1) calendar day after theCity offices of the City are again openedre-open;
(6) Tree work, including, but not limited to, Planting, trimming, pruning or removal of any new or existing tree, shrub, or plant within the public right-ofwayROW where a Permit has beenis issued for such work pursuant to Chapter

10.08 of this Code the Code’s Chapter 10.08, and where no traffic lane closure is anticipated;
(7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of Chapter 15.04 of this Code the Code’s Chapter 15.04; (8) City Council-approved street closures for special events specifically approved by the City Council.
(c) Any video service provider, utility or special district encroachment that (c) Notwithstanding subsections (a) and (b), above, none of the provisions in this Chapter shall apply to “Part 3 – Private Landowner Encroachment(s) Into Unimproved Portions of the ROW” unless expressly stated.
(d) Any Encroachment that requires, but does not have, a Permit shall be deemed a violation of this Chapter and a public nuisance, which may be abated by the City may abate pursuant to any applicable provision of law including, but not limited to, Chapter

9.22 of this Code, this Code’s Chapter 9.22.

12.30.040 -– Permit Applications, Generally

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(a) Any and all construction work, including but not limited to work involving streets and paving, including excavations and trenching, within the City’s ROW shall require an Encroachment Permit.
(b) For additional permit application requirements, et al. related to any excavation work within the City’s ROW, see Section 12.30.060 and Part 2 (“Streets and Paving”). (c) Permit application(s) may be obtained from the City’s Engineering Services Department.

12.30.050 – Permit Application. Requirements
(a) An application for a video service provider, utility or special district encroachment an Encroachment Permit, including renewal of an existing Permit, shall be on a form City Engineer-prescribed by the Engineer,form. The Applicant shall be signed bysign the applicant, andform, which shall include all of the following materials unless the submittal is waived in writing by the City Engineer provides a written waiver:

The(1) Name, address, and telephone number of the Applicant; The(2) Name, address, and telephone number of the contractor(s), if a contractor will perform any proposed work and contractor is to be done by a contractor(s);not Applicant;
The(3) Location, purpose, extent, and nature of the proposed work; The(4) Period of time when the proposed work will be performed; A(5) Traffic and pedestrian control plan(s) for the location of the proposed workwork’s location;
A(6) Certificate of insurance from the applicantApplicant’s and contractor's/or contractor’s insurance carrier in a form satisfactory to the City, and namingwhich names the City as an additional insuredsinsured;
A(7) Key map and detailed improvement plan showing all Facilities to be located in the public right-of-wayROW, including the material of construction and; horizontal and vertical locations with respect to the property lines and grade lines,line(s); existing utilities; and all other pertinent Facilities and information required by the City Engineer requires. Unless exempted by State law, the detailed improvement plan shall be prepared by a California Registered Professional Civil Engineer shall prepare a detailed improvement plan; (8) Any other specifications, analyses, or materials required by the City Engineer may require to describe the work,; its location in, and its effect on, the right-ofwayROW, including the mode of operation, maintenance and use; (9) Current maps and records of the underground Facilities at the site; The encroachment (10) Encroachment Permit fee set forth in the City'sCity’s Master Fee Schedule.

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(b) For those applications where an aboveground encroachment is proposed, the Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners' association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the public right-of-way, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the Engineer within fifteen (15) days from the date of the letter and prior to the Engineer's action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(c) (11) A deposit sufficient to cover the cost of mailed notice if required. (b) In signing the application, the Applicant attests that all information provided in support of the application is true and correct. When the applicant has submittedApplicant submits a completed and signed application form, all supporting documents and information, and the required fee, the application will be deemed complete. The City Engineer shall act upon an application for a video service provider, utility or special district encroachment an Encroachment Permit within sixty (60) days after the application is complete.
(d) A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date of a video service provider, utility or special district encroachment permit or the permit may lapse. A lapsed permit may be deemed a violation of this chapter and the unpermitted encroachment may be considered a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including but not limited to Chapter 9.22 of this Code.

12.30.050 - Findings and conditions.

A video service provider, utility or special district encroachment permit shall be approved by the Engineer
(c) Registration. Prior to applying for a Permit, the City may require an individual performing the encroachment work to register with the City for a Permit and to provide the following:
(1) Warranty Bond: a cash deposit equal to the greater of five-hundred dollars

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($500.) or twenty-five percent (25%) of the work’s value. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City’s standards or Permit requirements;
(2) A current City Business License;
(3) Current Certificate of Insurance meeting the requirements of Section 12.30.090, below;
(4) 24-hour phone number for emergencies; and
(5) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the individual who will receive all City correspondence.
(d) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216. (e) Permittees shall pay close attention to the location and alignment of all USA markings while performing their work.

USA Codes:

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(i) By accepting a Permit, the Facility’s Permittee and/or Owner to whom the Permit has been issued agree to all the following:
(1) To follow all laws, rules, regulations, and Permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and Permit conditions.
(3) To indemnify the City against all claims for personal injury or property damage that may arise in connection with the work.

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(c) If Permittee damages other Facilities during excavation work, Permittee will need a separate Permit to repair the damaged Facility with additional excavation and trenching.

12.30.070 – Permits and Encroachment Agreements - City’s Rights and Privileges, Generally
(a) At City’s request, Permittee shall relocate, remove, or abandon the encroachment at their sole expense for any of the following reasons, unless this requirement conflicts with any applicable local Code, state statute, or franchise agreement:
(1) City requires construction, reconstruction, or maintenance work (collectively, “work”) in the ROW that necessitates relocation, removal, or abandonment of an encroachment; or
(2) ROW placement of structures and/or Facilities conflicts with City construction, reconstruction, or maintenance work therein.
(b) When City requires relocation, City Engineer shall give Permittee written notice designating a reasonable time for encroachment relocation or removal, and Permittee shall act accordingly and to City Engineer’s satisfaction. In determining a reasonable time under this Section, City Engineer shall consider the following: nature of the encroachment, urgency of removal need; cost of removal, difficulty of removal; value of the property to the owner, and any other pertinent facts. (c) City Engineer reserves the right to suspend the Encroachment Permit or Agreement to protect the public from danger and to take such action necessary to correct the danger-posing condition. In the event of suspension, City Engineer shall notify the Permittee and provide opportunity for hearing.
(d) City Engineer may require other reasonable conditions, including installation of Facilities or structures to address accessibility and drainage to protect the public health, safety, and welfare.
(e) City reserves the right to inspect any structure or Facility in ROW (f) The City Engineer shall approve an Encroachment Permit upon making the following findings, and Permittees shall be subject to allthe relevant requirements of this Chapter and to all of the following conditions, as applicable:
(1) Findings.

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(A) The proposed Proposed encroachment has contains no potential for causingto cause a significant effect on the environment.environmental effect(s); nor will it be detrimental to public’s health, safety, and welfare; (B) TheComplete application is complete andcontains all of the necessary, supporting information has been provided.;
(C) The applicant hasApplicant made reasonable efforts to erect, construct, use, operate, and/or maintain facilities underground Facilities; provided, however, from and after the effective date of the an underground utility district establishment of any underground utility district, the Applicant shall erect, construct, use, operate, and maintain its Facilities underground. Where undergrounding is not feasible (except inexcepting any area declared to be an underground utility district), the Applicant has made reasonable efforts to colocate Facilities on existing poles or other aboveground structures.; (D) The proposed Proposed Facilities’ location of the facilities is the best available option to minimize adverse impacts on the use of the public right-ofwayROW and on adjoining properties.; (E) If the application is for aPermit renewal of an existing permit, the permittee , Permittee has complied, and is in compliance with the, current Permit and its conditions.;
(F) With the conditions imposed, the proposed encroachment shall not be detrimental to the public health, safety and welfare. (2) Conditions.
(A) All application materials are incorporated into the permit by reference and all representations made in the application are conditions of permit approval.
(B) The permittee and all of its contractors performing work in the public right-of-way shall secure a policy of broad form commercial general liability insurance naming the City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by the City's risk manager, unless permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or facilities in, on, under or above the public right-of-way. All contractors' policies secured in

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compliance with this condition shall be in effect for the duration of the contractor's work in the public right-of-way; all permittees' policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the public right-of-way. (C) The permittee and all of its contractors performing work in the public right-of-way shall furnish to the City, and file with the City Clerk, a corporate surety bond to guaranty the faithful performance of the construction of such work and a separate bond to secure payment of the claims of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the cost of construction of the work to be performed in the public right-of-way. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.
(D)

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A. Exception: any Landowner Encroachment Agreement shall be binding upon, and inure to the benefit of, Permittee’s successors in interest, heirs, or devisees.
(7) At their own expense, restore ROW to the same or better condition than before installation of at their own expense, restore ROW to the same or better condition than before installation of Facilities or structures upon removal or abandonment of same;
A. Failure to restore ROW may be deemed a violation of this Chapter and a public nuisance subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 1.04. (8) During construction, Permittee shall do all the following:
(A) Maintain a copy of Permit issued pursuant to this Chapter at the job site during work periods until project completion and City Engineer approval.

Permit(s) shall be shown to City employees upon request; (B) Provide City Engineer-approved, appropriate traffic warnings, safeguards, and controls;
(C)Provide temporary pedestrian-access Facilities as necessary to comply with local, state and federal law(s), including the Americans with Disabilities Act, and with the written direction of the City Engineer, if any. (D)Maintain all structures, Facilities, and landscaping within the encroachment area in a safe and clean manner and shall observe and enforce all applicable local, State, and Federal safety orders, rules, and regulations at all times. (E) Promptly remove all graffiti on any structure or Facility within the encroachment area.
(F) Notify the City’s Police Department and the City Engineer, and shall promptly repair, any damage to structures or Facilities caused by criminal activity, including, but not limited to, copper theft.
(9) As may be required by California Government Code Section 4216 et seq., Permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any Permitted work.
(10) It shall be unlawful for Permittee to erect, construct, use, operate or maintain their Facilities aboveground whenever any area of the City is declared as an underground utility district.
(1)(11) All work done under the Permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction, and practices in placing encroachments in, on, under or above the public right-of-wayROW.
(2)(12) (E) All Facilities shall be constructed, operated, and maintained in the time, place, and manner that cause the least interference with the public'spublic’s use of the public right-of-way,ROW; the City'sCity’s management and use of the

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right-of-wayROW, and the rights or reasonable convenience of property owners who adjoinadjoining the public right-of-wayROW.
(F) Except when emergency repairs are required, at least forty-eight (48) hours prior to commencing any work that will obstruct or impede the flow of vehicular and/or pedestrian traffic, the permittee shall post the area that will be affected with notifications satisfactory to the Engineer.
(G) During construction, the permittee shall keep a copy of the permit issued pursuant to this chapter at the job site.
(H) During construction and maintenance, the permittee shall provide appropriate traffic warnings, safeguards and controls, as approved by the Engineer.
(I) During construction and maintenance, the permittee shall provide temporary pedestrian access facilities as necessary to comply with local, State and Federal law, including the Americans with Disabilities Act, and with the written direction of the Engineer, if any. (J) The permittee shall maintain all structures, facilities, and landscaping within the encroachment area in a safe and clean manner, and shall at all times observe and enforce all applicable local, State, and Federal safety orders, rules and regulations.
(K) The permittee shall promptly remove all graffiti on any structure or facility within the encroachment area.
(L) The permittee shall notify the Richmond Police Department and the Engineer and shall promptly repair any damage to structures or facilities caused by criminal activity, including, but not limited to, theft of copper.
(M) As may be required by Section 4216 et seq. of the California Government Code, the permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work.

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(N) Upon the request of any person who has contracted to perform work on a public right-of-way, the permittee shall provide accurate detailed information regarding the location of its existing and proposed structures in the public right-of-way.
(O
(13) Comply with all laws, rules, regulations, and Permit conditions and assure that their employees, contractors, and subcontractors do the same.

12.30.090 – Permittees’ Indemnification and Insurance
(a) Where the insurance conditions stated below conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.
(b) To the maximum extent allowed by law, Permittee and Licensee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors ("(“Indemnitees")”) against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to, Attorney's: attorney’s and expertexpert’s fees and court costs, arising out of, or connected in any way with, the installation, operation, and maintenance of any Facilities in, or the use of, any public right-of-wayROW by, Permittee or permittee'sPermittee’s employees, officers, officials, agents, transferees, contractors, or subcontractors pursuant to the Permit or Agreement issued under this Chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action, or demands caused by indemnitee'sIndemnitees’ sole negligence, willful misconduct, or criminal acts. (P
(c) To the maximum extent allowed by law, Permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action, or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a Permit or Agreement issued pursuant to this Chapter.
(Q) The City reserves the right to inspect any structure or facility installed in the public right-of-way and to demand of the permittee timely correction of any deficiencies in operation or maintenance. The City further reserves the right to demand at any time that within ten (10) business days the permittee produce current, complete and accurate maps, plans, diagrams, and records pertaining to any structure or facility installed in the public right-of-way. (R) Installation or construction of structures and facilities in the public right-of-way shall be completed and all construction-related damage

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to the public right-of-way shall be repaired within two (2) years from the date the encroachment permit is issued, unless for good cause the Engineer grants a written extension of the time to complete installation, construction or repair.
(S) The permittee shall operate and use the structures and facilities placed in the public right-of-way solely and exclusively for the purposes and uses expressly stated in the application. A change in purpose, use, or operator of the structures and facilities requires approval of a transfer in accordance with Section 12.30.080 of this chapter.
(T) The Engineer reserves the right to suspend
the encroachment permit if necessary to protect the public from imminent danger and to take such action as is necessary to correct the condition posing the danger. In the event of an emergency suspension, the Engineer shall notify the permittee and provide an opportunity for a hearing in accordance with the procedures set forth in Section 12.30.090 of this chapter.
(U) If placement of structures and/or facilities in the public right-of-way conflicts with the City's construction, reconstruction or maintenance work in the public right-of-way, the permittee shall, at its own expense, relocate the structures and/or facilities in accordance with Section

12.30.070 of this chapter.
(V) When the facilities and/or structures encroaching in the public right-of-way are removed and/or abandoned, the permittee shall, at its own expense, restore the public right-of-way to a condition the same as or better than its condition before the facilities and/or structures were installed. Failure to so restore the public right-of-way may be deemed a violation of this chapter and a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code. (W) Such other reasonable conditions, including installation of facilities or structures to address accessibility and drainage, as may be deemed necessary by the Engineer to protect the public health, safety and welfare.

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(X) Notwithstanding anything to the contrary in Section 12.30.050(1)(C) of this chapter, whenever any area of the City is declared to be an underground utility district, it shall be unlawful for any video service provider, utility or special district to erect, construct, use, operate or maintain their facilities aboveground.
(3) Where the insurance and indemnification conditions stated in subsection (2), above, conflict with the provisions of a franchise or other agreement between a video service provider, utility or special district and the City or State, the provisions of such franchise or other agreement shall apply. (4) A video service provider, utility or special district encroachment (d) Permittee and their contractors who perform ROW work shall secure a policy of broad form commercial general liability insurance naming City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by City’s Risk Manager, unless Permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or Facilities in, on, under or above the ROW. All contractors’ policies secured in compliance with this condition shall be in effect for the duration of contractor’s work in the ROW; all Permittees’ policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the ROW.
(e) Permittee and their contractors performing work in the ROW shall furnish to the City, and file with the City Clerk a corporate surety bond guaranteeing the faithful performance of the construction of such work and a separate bond to secure claims payments of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the construction costs of the work to be performed in the ROW. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.

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(2) Permits are not valid if there is failure to: obtain other, required Permits; or to provide required notifications.
(3) No traffic disruptions allowed before 8:00 a.m. and after 4:00 p.m. unless specifically approved.
(4) Some Permits may be valid on specific dates and approved with special conditions:
(A) When work shall occur.
(B) When work shall be completed.
(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date if no work has commenced. (B) If work does not proceed diligently, and if delays exceed four (4) working days once the work begins, unless the delay is caused by weather or other circumstances beyond the Permittee’s control.
(C) When the excavation, including trench restoration, is completed; or on the date the Permit specifies as the Permit expiration date. (6) Work proceeds diligently if:
(A) After a project begins, work continues regularly, except on: weekends and holidays; during inclement weather, labor disputes, or any emergency beyond Permittee’s control.
(B) Permittee ensures that all necessary materials and supplies are at hand and ready for use to avoid delaying the excavation and to ensure the prompt restoration of the ROW.
(d) Termination. An Encroachment Permit shall terminate on the date specified therein, or upon abandonment of the Facilities and/or structures constructed pursuant to such Permit. If the Encroachment Permit specifies no date is specified in the encroachment permit, it, the Permit shall be considered to be of indeterminate duration.

12.30.060 - Posting and appeal.
(a) Posting of Decision. The Engineer's decision to grant or to deny a permit shall be in writing and shall be delivered to the applicant within five (5) calendar days of the decision. Notice of a decision to deny a permit shall specify the reason(s) for denial. Notice of a decision to approve a permit shall be posted at the City of Richmond Engineering Services public counter

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commencing on the date of the decision and shall be posted at the site of the approved encroachment for a period of not less than ten (10) calendar days commencing within five (5) calendar days from the date of the decision (cumulatively, the "appeal period"). No permit shall be issued until after the expiration of the appeal period, if no appeal is timely filed, or until the final resolution of any appeal.
(b) Appeal. Any person aggrieved by the Engineer's decision on a video service provider, utility or special district encroachment permit application may appeal by submitting a written appeal to the City Clerk, along with the applicable appeal fee as provided in the City's Master Fee Schedule, within fifteen (15) days of the date of the decision. The City Council shall hold a hearing on the appeal at a regularly scheduled meeting not less than fourteen (14) days and not more than forty-five (45) days after receipt of the appeal, and shall give the applicant and the appellant at least ten (10) days written notice of the date and time of the hearing. The decision by the City Council on the appeal shall be final.

12.30.070 - Relocation of facilities.
(a) If any future construction, reconstruction or maintenance work is required by the City or Agency in the public right-of-way that necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's sole expense, unless such requirement is in conflict with any applicable State or local statute or franchise.
(b) When relocation is required, the Engineer shall make written demand of the permittee that the encroachment be relocated within the public right-ofway to a satisfactory location provided by the Engineer, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation.

12.30.080 - Transfer.

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No video service provider, utility or special district encroachment permit may be transferred by the permittee to another person or entity without the express written consent of the Engineer, at his or her sole discretion.

12.30.090 -
(e) Extension. A Permittee may extend a valid Permit by requesting an extension prior to the Permit’s expiration date. Said request shall specify the change of date(s) and detailed reason(s) for the extension. The City Engineer reserves the right to deny the extension request.
(f) Renewal. A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date an Encroachment Permit or the Permit may lapse. A lapsed Permit may be deemed a violation of this Chapter, and the unpermitted encroachment may be considered a public nuisance, subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 9 22.
(g) Fees. Permit fees are due at the time the Permit issues. (1) Permit-application processing fees are non-refundable. (2) Prior to Permit issuance, all past due fees, fines, and penalties must be paid. (3) If a Permit violation occurs, the City will not process other application(s) until payment of all fines and penalties and until all Permit conditions have been met.
(4) If a permit application is withdrawn or if an approved permit is cancelled prior to the start of work, the Applicant or Permittee may request a refund of bond funds. To request a refund, submit a written request to the City Engineer, which shall include: The reason for cancellation or withdrawal and the Permit number.
(h) If an account is past due, or not in good standing, a Permit will not issue until the account is brought into good standing with all fees and fines remitted.

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foregoing, no notice shall be required for any application limited to installation of utility poles, anchors, or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(2) Generally. Excepting necessary emergency repairs, at least forty-eight (48) hours before commencing any work, which will obstruct or impede the flow of vehicular and/or pedestrian traffic, Permittee shall post notifications within the affected area to the satisfaction of City Engineer.
(3) Permitted Work. Permittee shall provide public notifications when excavating in the ROW as follows:
(A) Minor projects lasting longer than forty-eight (48) hours but fewer than fifteen (15) working days shall provide posters sized eleven-by-seventeen inches (11” x 17”) with one (1)-inch minimum-sized letters. Posters shall be displayed at the project’s initial and terminal point(s) and every 300 feet in between. (B) Posters must contain:
(i) Permittee’s name(s), address(es), and telephone number(s); and
(ii) Project’s start and completion date(s).
(C)For Major Projects lasting fifteen (15) working days or longer, Permittee shall do all the following:
(i) After Permit issuance, and at least five (5), but no more than thirty (30) calendar days, before the anticipated start date of work, Permittee shall mail or deliver written notice to:
(1) Residents and occupants along the affected street;
(2) Schools, churches, and other assembly uses within three hundred (300) feet of the affected street; and
(3) The City’s Engineering Services and Public Works
Department(s)
(ii) At least five (5) calendar days, but not more than fifteen (15) calendar days, prior to starting work: Permittee shall post and maintain notices in accordance with paragraph (3)(a) above. The notices must be sized eleven by seventeen inches (11” x 17”) and shall contain:
(1) Permittee’s name(s), address(es), and telephone
number(s);
(2) Project description;
(3) Project start and completion date(s);
(4) Project contact person’s name, address and twenty-four (24)-hour telephone number.

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12.30.150, Paving.
(B) Slurry Sealed, Chip Sealed, or Micro Surfaced streets: All affected lanes shall be resurfaced pursuant to Section 12.30.150, Paving.

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Vertical faces shall be tack-coated. In Prohibition Streets, a paving machine or a spreader box shall place the final two (2) inches of asphalt concrete wearing surface.

Asphalt concrete shall be delivered and compacted in accordance with the City’s Standard Plans and Specifications.

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Richmond City CouncilMay 17, 2022

Richmond City Council
May 17, 2022