(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.
(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.
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
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,
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.
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:
(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.
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 12.30 - 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 -of- way,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.
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
12.30.020 - Definitions.
As used in this 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
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, guard- railguardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other Facility or structure on, over, or under a public right- of-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;
(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-of- wayROW.
"
“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
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 that 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. 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 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.
“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-of- wayROW.
"
“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 in Public Utilities Code Section 5830(b), or open-video system operator as defined in Public 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 Age ncy 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;
(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-of- way 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-of- wayROW 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
(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-of- wayROW, 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.
(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
($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:
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 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.
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.
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.
(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 co- locate 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-of- wayROW 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
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)
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:
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 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
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.
(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
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.
(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.
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.
(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
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-of- way 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.
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.
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 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.
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.
(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.
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.
(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.
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.
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;
(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.
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.
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.
(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 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).
(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.
(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.
(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.
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
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—Revocation and other penalties., REVOCATIONS,
OTHER PENALTIES, AND APPEALS
12.30.250 – Violations 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.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 the following::
(1a) Fine. Whenever a City Inspector finds that a video service provider, utilityanyone or special districtany entity subject to this Chapter is placing, or has placed or is placing, an encroachment in the public right-of-wayROW without the appropriate Permit, the video service provider, utility or special district shall be required toCity Inspector will require (1) stop work, if construction is on-going,ongoing; (2) applyapplication for a Permit,; and (3) pay both thepayment of Permit fee and a fine equal to the permit feesame;
(2)
(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, 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. Whenever the
When City Engineer finds that a suspension of an encroachment permit is necessary to protect the protection of public health or safety from imminent danger, the necessitates suspension of Encroachment Permit, City Engineer may immediately suspend any such permitthe Permit immediately, pending a hearing for remedial action or revocation. The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such .
12.30.260 – Procedures for Suspension or Revocation.
(a) Within three (3) working days of the emergency suspension to the permittee, by 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, to the last known address of the permittee. The permittee may,.
(b) Within fifteen (15) days afterfollowing service of such a written notice offor either suspension, or revocation, Permittee may file with the City Manager a request for hearing regarding the suspension.with the City Manager or his or her designee . City Manager shall schedule a hearing on the suspension or revocation within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee,
(c) After the hearing, if City Manager 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 sheCity Manager shall issue one or more of the following:
(A) An1) Order to correct any particular noncompliance, (B) A;
(2) Revocation of the encroachment permit,
(C) A Permit;
(3) Continued suspension of the encroachment Encroachment Permit, until such time as the dangerous condition is corrected, (D) A;
(4) Modification or reinstatement of the encroachment Encroachment Permit, with necessary conditions as necessary to prevent public 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 chapter;
(3) Revocation. The Engineer may recommend that the City (d) City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or
(C) 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,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) 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, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. TheCity Manager’s decision of the City Manager or his or her designee may be appealed to the City Council in accordanceby filing a written appeal with Section 12.30.060(b) of this chapter the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.
(Source: Ordinance No. 21-08 N.S.)
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.
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 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL
DISTRICT ENCROACHMENTS
12.30.010 - Purpose.
The public rights -of-way are unique public resources held in trust for the benefit of the public. These physically limited resources require proper management to maximize their efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public rights -of-way, and to minimize the inconvenience to and negative effects on the public from use of the public rights -of-way by video service providers, utilities and special districts.
12.30.020 - 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 B arrett 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" means the government of the City of Richmond, a chartered 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. "Communications service equipment" and "communications service facilities" mean the equipmen t and facilities used by a video service provider to provide cable or video service.
"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 right-of-way;
(4) Placing or leaving on the public right -of-way any rubbish, brush, earth or other material;
(5) Constructing, placing, or maintaining on, over, under or within a public right-of-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 facilities, 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, or his or her designee. "Facility" means 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 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 thing located in, upon, above, beneath, or across any public right -of-way.
"Major arterial stre et" 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. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty -Second Street and Twenty-Third Street.
"Permittee" means any person, video service provider, 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, c ompany, 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.
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usa ge 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.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within lim ited 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.
"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 this 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 rights -of-way.
"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 in Public Utilities Code Section 5830(b), or open -video system operator as defined in Public Utilities Code Section 5830(n).
12.30.030 - Applicability.
(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.
(b) Notwithstanding subsection (a), above, no permit shall be required pursuant to this chapter for any of the following:
(1) The actions of any 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;
(3) Encroachments existing prior to the effective date of this chapter; provided, however, that nothing in this chapter shall preclude the Engineer from requiring an appropriate permit or license for or
removal of any such preexisting encroachment where the Engineer determines the encroachment adversely affects the safety, capacity or integrity of the City's public right-of-way;
(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-way 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-of-way by a video service provider, utility or special district 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 the 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 such repairs. The video service provider, utility or special district performing the repair work shall notify the City's Engineering Department and Police Department by telephone at the time any such repair work is commenced and must apply for a permit within one calendar day after the offices of the City are again opened; (6) Tree work, including, but not limited to, planting, trimming, or removal of any new or existing tree within the public right-of-way where a permit has been issued for such work pursuant to Chapter
10.08 of this Code, and 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; (8) Street closures for special events specifically approved by the City Council.
(c) Any video service provider, utility or special district 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 pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code.
12.30.040 - Application.
(a) An application for a video service provider, utility or special district encroachment permit, including renewal of an existing permit, shall be on a form prescribed by the Engineer, shall be signed by the applicant, and shall include all of the following materials unless the submittal is waived in writing by the Engineer:
(1) The name, address and telephone number of the applicant; (2) The name, address and telephone number of the contractor(s) if any proposed work is to be done by a contractor(s);
(3) The location, purpose, extent and nature of the proposed work; (4) The period of time when the proposed work will be performed; (5) A traffic and pedestrian control plan for the location of the proposed work; (6) A certificate of insurance from the applicant and contractor's insurance carrier in a form satisfactory to the City, and naming the City as additional insureds;
(7) A key map and detailed improvement plan showing all facilities to be located in the public right- of-way, including the material of construction and horizontal and vertical locations with respect to the property lines and grade lines, existing utilities and all other pertinent facilities and information required by the Engineer. Unless exempted by State law, the detailed improvement plan shall be prepared by a California Registered Professional Civil Engineer;
(8) Any other specifications, analyses or materials the Engineer may require to describe the work, its location in and its effect on the right-of-way, including the mode of operation, maintenance and use;
(9) Current maps and records of the underground facilities at the site; (10) The encroachment permit fee set forth in the City's Master Fee Schedule.
(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) In signing the application, the applicant attests that all information provided in support of the application is true and correct. When the applicant has submitted a completed and signed application form, all supporting documents and information, and the required fee, the application will be complete. The Engineer shall act upon an application for a video service provider, utility or special district 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 upon making the following findings, and shall be subject to all requirements of this chapter and to all of the following conditions:
(1) Findings.
(A) The proposed encroachment has no potential for causing a significant effect on the environment.
(B) The application is complete and all of the necessary supporting information has been provided.
(C) The applicant has made reasonable efforts to erect, construct, use, operate, and maintain facilities underground; provided, however, from and after the effective date of the establishment of any underground utility district, the applicant shall erect, construct, use, operate, and
maintain its facilities underground. Where undergrounding is not feasible (except in any area declared to be an underground utility district), the applicant has made reasonable efforts to co-locate facilities on existing poles or other aboveground structures. (D) The proposed location of the facilities is the best available option to minimize adverse impacts on the use of the public right-of-way and on adjoining properties.
(E) If the application is for a renewal of an existing permit, the permittee is in compliance with the current permit and 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 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) 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-way. (E) 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 right-of-way, the City's management and use of the right-of-way, and the rights or reasonable convenience of property owners who adjoin the public right-of-way.
(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.
(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) To the maximum extent allowed by law, permittee 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 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-way 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 indemnitee's sole negligence, willful misconduct or criminal acts.
(P) 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 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 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.
(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 permit shall terminate on the date specified therein, or upon abandonment of the facilities and/or structures constructed pursuant to such permit. If no date is specified in the encroachment permit, it 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 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-of- way 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.
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 - 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:
(1) Fine. Whenever a City inspector finds that a video service provider, utility or special district subject to this chapter has placed or is placing an encroachment in the public right-of-way without the appropriate permit, the video service provider, utility or special district shall be required to (1) stop work, if construction is on-going, (2) apply for a permit, and (3) pay both the permit fee and a fine equal to the permit fee;
(2) 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 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:
(A) An order to correct any particular noncompliance,
(B) A revocation of the encroachment permit,
(C) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected,
(D) 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 chapter;
(3) Revocation. The Engineer may recommend that the City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or (C) 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,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) 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 chapter.
(Source: Ordinance No. 21-08 N.S.)
Richmond, CA Code of Ordinances about:blank
1 of 16 11/18/2021, 12:36 PM
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 - De�nitions.
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.
"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
Richmond, CA Code of Ordinances about:blank
2 of 16 11/18/2021, 12:36 PM
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)
(2)
(3)
(4)
(5)
(6)
Excavating or disturbing the public right-of-way;
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;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-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;
Constructing, placing, planting, or maintaining any structure, embankment, e xcavation, 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 e xcavation.
"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; 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, CA Code of Ordinances about:blank
3 of 16 11/18/2021, 12:36 PM
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.
"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
Richmond, CA Code of Ordinances about:blank
4 of 16 11/18/2021, 12:36 PM
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)
(2)
(3)
(4)
(5)
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service e xists.
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)
(B)
The location of the excavation.
Description of the work to be performed.
Richmond, CA Code of Ordinances about:blank
5 of 16 11/18/2021, 12:36 PM
(C)
(D)
(E)
(F)
The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition p eriod.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
(2) Any excavation in prohibition streets will be repaired with full lane width paving on the
street as follows (refer also to Section 12.29.070, Paving):
(A)
(B)
(C)
(D)
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following
conditions apply:
(i)
(ii)
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purp ose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
(3) Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid e xcavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
(a) Any and all construction work within the public right-of-way shall require an e ncroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
Richmond, CA Code of Ordinances about:blank
6 of 16 11/18/2021, 12:36 PM
(b)
(c)
The permit application may be obtained from the City of Richmond Engineering Services
Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
(1)
(2)
(3)
(4)
(5)
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. 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 of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for e mergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e -mail address if available) of the person who will receive all office correspondence from the City of Richmond.
(d) All applications shall include plans indicating the following:
(1)
(2)
(3)
(4)
(5)
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
(A)
(B)
(C)
(D)
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
(6) The location of any existing underground facilities and the location of underground
facilities to be installed showing:
(A)
(B)
(C)
(D)
Conduit vaults, maintenance holes, pipes, e tc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be
Richmond, CA Code of Ordinances about:blank
7 of 16 11/18/2021, 12:36 PM
installed.
(7) Cross section of a typical trench indicating:
(A)
(B)
(C)
(D)
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a
licensed civil engineer, when legally required.
(8)
(9)
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
(e) All excavation permit fees are due at the time the permit is issued. These fees represent the
value of staff time in processing a permit application and are non-refundable.
(1)
(2)
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and
penalties have been paid and all permit conditions are met.
(f)
(g)
(h)
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.
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.
Permittees and excavators shall pay close attention to the location and alignment of all U SA markings while performing their work.
USA Codes are:
Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
Richmond, CA Code of Ordinances about:blank
8 of 16 11/18/2021, 12:36 PM
Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
(i)
(j)
(k)
(l)
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.
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.
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.
Pre-construction meeting:
(1)
(2)
(3)
(4)
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
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.
The traffic control plan shall be approved prior to the pre-construction meeting.
(m) Permit duration shall be indicated on the permit:
(1)
(2)
(3)
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.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically
Richmond, CA Code of Ordinances about:blank
9 of 16 11/18/2021, 12:36 PM
approved for these hours.
(4) Some permits may be valid on specific dates. They may be approved with special
conditions specifying dates:
(A)
(B)
(C)
When work shall be done.
When work shall be completed.
Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A)
(B)
(C)
Sixty (60) days after the start date, if no work has begun.
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.
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)
(B)
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.
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)
(o)
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 e xtension.
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)
(2)
To request a refund, submit a written request to the engineer.
The request shall include:
(A)
(B)
The reason for cancellation or withdrawal.
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)
(2)
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws,
Richmond, CA Code of Ordinances about:blank
10 of 16 11/18/2021, 12:36 PM
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.
(q)
(r)
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.
The excavator shall provide public notifications when e xcavating in the public right-of-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)
(B)
The names, address, and telephone number of the owner and the permittee.
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)
(ii)
(iii)
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works De partments.
(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)
(ii)
(iii)
(iv)
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
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)
(b)
(c)
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
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
Richmond, CA Code of Ordinances about:blank
11 of 16 11/18/2021, 12:36 PM
Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
(a)
(b)
(c)
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.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
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)
Richmond, CA Code of Ordinances about:blank
12 of 16 11/18/2021, 12:36 PM
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. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
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.
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).
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.
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.
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.
All painted USA markings shall be removed by the permittee after the work has been completed.
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)
(2)
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
Richmond, CA Code of Ordinances about:blank
13 of 16 11/18/2021, 12:36 PM
The permit inspector will determine the severity of the defect.
(b)
(c)
(d)
(e)
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
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.
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.
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)
(2)
(3)
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.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
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.
Richmond, CA Code of Ordinances about:blank
14 of 16 11/18/2021, 12:36 PM
VIOLATIONS PENALTIES
(Not to exceed amount shown)
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
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
Richmond, CA Code of Ordinances about:blank
15 of 16 11/18/2021, 12:36 PM
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. I f 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)
(2)
(3)
(4)
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
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.
Richmond, CA Code of Ordinances about:blank
16 of 16 11/18/2021, 12:36 PM
(c) Revocation. The engineer may recommend that the City Manager revoke a permit where he or
she finds that:
(1)
(2)
(3)
(4)
(5)
The permittee has violated any provision of this Code or conditions of the permit; or
The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
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 The encroachment is causing the City to incur substantial additional maintenance costs; or 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)
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 - De�nitions.
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. "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 Richmond, CA Code of Ordinances about:blank
1 of 16 11/18/2021, 12:36 PM
(1)
(2)
(3)
(4)
(5)
(6)
prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:
Excavating or disturbing the public right-of-way;
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;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-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;
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; 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, CA Code of Ordinances about:blank
2 of 16 11/18/2021, 12:36 PM
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. "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 Richmond, CA Code of Ordinances about:blank
3 of 16 11/18/2021, 12:36 PM
(a)
(1)
(2)
(3)
(4)
(5)
(b)
(1)
(A)
(B)
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.
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:
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service exists.
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.
To excavate in a prohibition street a waiver must be obtained.
To request a waiver, the applicant must submit a written request to the engineer. The request must include:
The location of the excavation.
Description of the work to be performed.
Richmond, CA Code of Ordinances about:blank
4 of 16 11/18/2021, 12:36 PM
(C)
(D)
(E)
(F)
(2)
(A)
(B)
(C)
(D)
(i)
(ii)
(3)
(a)
The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition period.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
Any excavation in prohibition streets will be repaired with full lane width paving on the street as follows (refer also to Section 12.29.070, Paving):
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following conditions apply:
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purpose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid excavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
Any and all construction work within the public right-of-way shall require an encroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
Richmond, CA Code of Ordinances about:blank
5 of 16 11/18/2021, 12:36 PM
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(D)
(6)
(A)
(B)
(C)
(D)
The permit application may be obtained from the City of Richmond Engineering Services Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. 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 of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for emergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the person who will receive all office correspondence from the City of Richmond.
All applications shall include plans indicating the following:
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
The location of any existing underground facilities and the location of underground facilities to be installed showing:
Conduit vaults, maintenance holes, pipes, etc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be Richmond, CA Code of Ordinances about:blank
6 of 16 11/18/2021, 12:36 PM
(7)
(A)
(B)
(C)
(D)
(8)
(9)
(e)
(1)
(2)
(f)
(g)
(h)
installed.
Cross section of a typical trench indicating:
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a licensed civil engineer, when legally required.
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
All excavation permit fees are due at the time the permit is issued. These fees represent the value of staff time in processing a permit application and are non-refundable.
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and penalties have been paid and all permit conditions are met.
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.
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.
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
Richmond, CA Code of Ordinances about:blank
7 of 16 11/18/2021, 12:36 PM
(i)
(j)
(k)
(l)
(1)
(2)
(3)
(4)
(m)
(1)
(2)
(3)
Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
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.
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.
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.
Pre-construction meeting:
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
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.
The traffic control plan shall be approved prior to the pre-construction meeting.
Permit duration shall be indicated on the permit:
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.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically Richmond, CA Code of Ordinances about:blank
8 of 16 11/18/2021, 12:36 PM
(4)
(A)
(B)
(C)
(5)
(A)
(B)
(C)
(6)
(A)
(B)
(n)
(o)
(1)
(2)
(A)
(B)
(p)
(1)
(2)
approved for these hours.
Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:
When work shall be done.
When work shall be completed.
Before which work shall not start.
Permits expire and become void, unless otherwise amended:
Sixty (60) days after the start date, if no work has begun.
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.
When the excavation, including the trench restoration, is completed or on the date specified on the permit as the expiration date.
The work is determined to be proceeding diligently if:
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.
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.
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.
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.
To request a refund, submit a written request to the engineer.
The request shall include:
The reason for cancellation or withdrawal.
The permit number.
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:
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws, Richmond, CA Code of Ordinances about:blank
9 of 16 11/18/2021, 12:36 PM
(3)
(q)
(r)
(1)
(A)
(B)
(2)
(A)
(i)
(ii)
(iii)
(B)
(i)
(ii)
(iii)
(iv)
(a)
(b)
(c)
rules, regulations, and permit conditions.
To indemnify the City of Richmond against all claims for personal injury or property damage that may arise in connection with the work.
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.
The excavator shall provide public notifications when excavating in the public right-of-way.
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:
The names, address, and telephone number of the owner and the permittee.
The start and completion dates of the project.
Major projects lasting 15 working days or longer, the excavator shall:
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:
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works Departments.
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:
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
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.
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
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 Richmond, CA Code of Ordinances about:blank
10 of 16 11/18/2021, 12:36 PM
(a)
(b)
(c)
(a)
(b)
Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
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.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
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.
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.
Richmond, CA Code of Ordinances about:blank
11 of 16 11/18/2021, 12:36 PM
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(a)
(1)
(2)
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. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
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.
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).
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.
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.
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.
All painted USA markings shall be removed by the permittee after the work has been completed.
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.
Depressed trench pavement shall be repaired as follows:
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
Richmond, CA Code of Ordinances about:blank
12 of 16 11/18/2021, 12:36 PM
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(a)
The permit inspector will determine the severity of the defect.
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
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.
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.
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:
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.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
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:
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.
Richmond, CA Code of Ordinances about:blank
13 of 16 11/18/2021, 12:36 PM
VIOLATIONS PENALTIES
(Not to exceed amount shown)
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
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
Richmond, CA Code of Ordinances about:blank
14 of 16 11/18/2021, 12:36 PM
(b)
(1)
(2)
(3)
(4)
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.
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:
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
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.
Richmond, CA Code of Ordinances about:blank
15 of 16 11/18/2021, 12:36 PM
(c)
(1)
(2)
(3)
(4)
(5)
Revocation. The engineer may recommend that the City Manager revoke a permit where he or she finds that:
The permittee has violated any provision of this Code or conditions of the permit; or The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
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 The encroachment is causing the City to incur substantial additional maintenance costs; or 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)
Richmond, CA Code of Ordinances about:blank
16 of 16 11/18/2021, 12:36 PM
cc14Jun2022 – sl/prc
RICHMOND, CALIFORNIA, June 14, 2022
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED
SESSION
The Richmond City Council Special Open Session was called to order at 1:03 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates, Claudia Jimenez, and Demnlus Johnson III arrived after the Open Session adjourned to Closed Session.
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: City Attorney
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven Legacy LLC v. City of Richmond, et al.
D. PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public speakers via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 1:04 p.m. Closed Session adjourned and reconvened back to Open Session at 5:50 p.m. with all members present.
F. REPORT FROM THE CITY ATTORNEY ON FINAL DECISIONS MADE
DURING CLOSED SESSION
Senior Assistant City Attorney Heather McLaughlin stated there were no reportable actions taken.
G. ADJOURNMENT
The Open Session adjourned at 6:01 p.m., in memory of Clarence Hughes, Henry Clark, and Gerald Montgomery.
Clerk of the City of Richmond Mayor
June 28, 2022
Community Development
DATE: June 28, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Subject:
Surplus Land Act Resolution for OBAG funding
FINANCIAL IMPACT: There is no impact for adopting the proposed Resolution; however, failure to adopt the resolution may make the
City ineligible to apply for OBAG funding.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The Metropolitan Transportation Commission (MTC)
adopted new eligibility requirements for cities and
counties applying for grants to reaffirm their compliance with the provisions of the California Surplus Land Act
(California Government Code § 54220-54232).
RECOMMENDED ACTION:
ADOPT a resolution to affirm compliance with the
Surplus Land Act (as amended by Assembly Bill 2135) to
satisfy requirements of the Metropolitan Transportation Commission (MTC) for its One Bay Area Grant (OBAG)
program – Community Development (Lina Velasco 620-
6841).
DISCUSSION:
Metropolitan Transportation Commission’s One Bay Area Grant (OBAG) Program provides federal funding to support its commitments to regional transportation priorities while advancing the Bay Area’s land use and housing goals.
AGENDA
REPORT
June 28, 2022
On November 18, 2015, Metropolitan Transportation Commission (MTC) adopted Resolution No. 4202, the Project Selection Criteria and Programming Policy, for the second round of the OBAG program.
On July 27, 2016, and also subsequently on October 26, 2016, and December 21, 2016, MTC adopted revisions to Resolution 4202 to distribute additional funding and to incorporate housing related policies to the program. Among the new eligibility requirements that were added is a requirement for cities and counties applying for grants to reaffirm their compliance with the provisions of the California Surplus Land Act (California Government Code § 54220-54232).
ANALYSIS:
The Surplus Lands Act was enacted in 1968 and contains procedures for disposition by sale or lease of surplus properties by local agencies. This Act requires agencies disposing of land to offer it for not less than fair market value for sale or lease for development of low to moderate income housing, or for development as park or open space use, or for use by a school district for school facilities or open space purposes. In the event the agency is not able reach an agreement for disposal for these purposes, then the agency may dispose of the property in the open market.
As a charter city, City of Richmond is obligated to comply with the Surplus Land Act.
Past actions have demonstrated the City’s compliance with the Surplus Land Act to ensure affordable housing providers are offered an opportunity to acquire surplus property.
MTC will not take action to program projects for a local jurisdiction until the congestion Management agency overseeing OBAG compliance– in our case, the Contra Costa County Transportation Authority – confirms that the jurisdiction has met all OBAG eligibility requirements, including the adoption of this resolution affirming compliance with the Surplus Land Act. MTC has provided a sample resolution for local jurisdictions’ use, and the attached resolution is modeled after the MTC sample resolution. Failure to adopt the resolution will make the City ineligible for applying for and receiving the MTC OBAG program grants.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – California Government Code sections 54220-54234 Attachment 3 – MTC Resolution 4202
Resolution No. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO
COMPLY WITH THE SURPLUS LAND ACT
WHEREAS, the San Francisco region has the highest housing costs in the United States; and
WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007-2014; and
WHERAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHERAS, public lands can play a critical role in increasing the supply of land for affordable housing;
WHERAS, the Metropolitan Transportation Commission adopted Resolution No. 4202, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 2), including certain requirements to access these funds;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond, State of California, as follows:
That the City of Richmond agrees to comply with the terms of Surplus Land Act (California Government Code § 54220, et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development.
*********************************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on June 28, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
Interim City Attorney
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 1/10 Code: Select Code Section: 1 or 2 or 1001 Search
54220.
54221.
Up^ Add To My Favorites
GOVERNMENT CODE - GOVTITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land, prior to disposition, should be made available for that purpose.
(b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open-space purposes. This article shall not apply to surplus residential property as defined in Section 54236.
(c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations, to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize the transit system more than those living elsewhere, and that lower income households are more likely to use transit when living near a major transit station than higher income households.
The sale or lease of surplus land at less than fair market value to facilitate the creation of affordable housing near transit is consistent with goals and objectives to achieve optimal transportation use. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to areas that are implementing higher density, mixed-use, and affordable development near major transit stations. (Amended by Stats. 2019, Ch. 664, Sec. 1. (AB 1486) Effective January 1, 2020.) As used in this article, the following definitions shall apply:
(a) (1) “Local agency” means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. (2) The Legislature finds and declares that the term “district” as used in this article includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law.
(b) (1) “Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or Home Bill InformationCalifornia Law PublicationsOther ResourcesMy SubscriptionsMy Favorites
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 2/10 procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
(2) “Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan.
(3) Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226.
(c) (1) Except as provided in paragraph (2), “agency’s use” shall include, but not be limited to, land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or is disposed to support pursuant to subparagraph (B) of paragraph (2) agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants. (2) (A) “Agency’s use” shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use. (B) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of revenue if the agency’s governing body takes action in a public meeting declaring that the use of the site will do one of the following:
(i) Directly further the express purpose of agency work or operations. (ii) Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 where applicable.
(d) “Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.
(e) “Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health and Safety Code.
(f) (1) Except as provided in paragraph (2), “exempt surplus land” means any of the following:
(A) Surplus land that is transferred pursuant to Section 25539.4 or 37364. (B) Surplus land that is (i) less than 5,000 square feet in area, (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or (iii) has no record access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article. (C) Surplus land that a local agency is exchanging for another property necessary for the agency’s use. (D) Surplus land that a local agency is transferring to another local, state, or federal agency for the agency’s use, or to a federally recognized California Indian tribe.
(E) Surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.
(F) Surplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for either of the following purposes:
(i) A housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 3/10 54222.
(ii) A mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing.
(G) Surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. An existing nonresidential land use designation on the surplus land is not a legal restriction that would make housing prohibited for purposes of this subparagraph. Nothing in this article limits a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. (H) Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.
(I) Land that is subject to Sections 17388, 17515, 17536, 81192, 81397, 81399, 81420, and 81422 of the Education Code and Part 14 (commencing with Section 53570) of Division 31 of the Health and Safety Code, unless compliance with this article is expressly required.
(J) Real property that is used by a district for agency’s use expressly authorized in subdivision (c). (K) Land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Section 32667 of the Streets and Highways Code and has a minimum planned residential density of at least one hundred dwelling units per acre, and includes 100 or more residential units that are restricted to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. For purposes of this paragraph, not more than 20 percent of the affordable units may be restricted to persons and families of moderate income and at least 80 percent of the affordable units must be restricted to persons and families of lower income as defined in Section 50079.5 of the Health and Safety Code.
(2) Notwithstanding paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision (b) of Section 54222 prior to disposing of the surplus land, provided the land does not meet the criteria in subparagraph (H) of paragraph (1), if the land is any of the following:
(A) Within a coastal zone.
(B) Adjacent to a historical unit of the State Parks System. (C) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.
(D) Within the Lake Tahoe region as defined in Section 66905.5. (Amended by Stats. 2021, Ch. 62, Sec. 1. (AB 1180) Effective January 1, 2022.) Except as provided in Division 23 (commencing with Section 33000) of the Public Resources Code, any local agency disposing of surplus land shall send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property to all of the following:
(a) (1) A written notice of availability for the purpose of developing low- and moderate-income housing shall be sent to any local public entity, as defined in Section 50079 of the Health and Safety Code, within whose jurisdiction the surplus land is located. Housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land shall be sent a notice of availability of surplus land for the purpose of developing low- and moderate-income housing. All notices shall be sent by electronic mail, or by certified mail, and shall include the location and a description of the property. (2) The Department of Housing and Community Development shall maintain on its internet website an up-to-date listing of all notices of availability throughout the state. (b) A written notice of availability for open-space purposes shall be sent:
(1) To any park or recreation department of any city within which the land may be situated. (2) To any park or recreation department of the county within which the land is situated. (3) To any regional park authority having jurisdiction within the area in which the land is situated. (4) To the State Resources Agency or any agency that may succeed to its powers.
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 4/10 54222.3.
54222.5.
54223.
(c) A written notice of availability of land suitable for school facilities construction or use by a school district for open-space purposes shall be sent to any school district in whose jurisdiction the land is located. (d) A written notice of availability for the purpose of developing property located within an infill opportunity zone designated pursuant to Section 65088.4 or within an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any county, city, city and county, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located. (e) The entity or association desiring to purchase or lease the surplus land for any of the purposes authorized by this section shall notify in writing the disposing agency of its interest in purchasing or leasing the land within 60 days after the agency’s notice of availability of the land is sent via certified mail or provided via electronic mail. (f) For the purposes of this section, “participating in negotiations” does not include the commissioning of appraisals, due diligence prior to disposition, discussions with brokers or real estate agents not representing a potential buyer, or other studies to determine value or best use of land, issuance of a request for qualifications, development of marketing materials, or discussions conducted exclusively among local agency employees and elected officials. (Amended by Stats. 2019, Ch. 664, Sec. 3. (AB 1486) Effective January 1, 2020.) This article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency.
(Amended by Stats. 2019, Ch. 664, Sec. 4. (AB 1486) Effective January 1, 2020.) An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:
(a) The local agency that disposed of the property.
(b) A resident of a unit subject to this section.
(c) A residents association with members who reside in units subject to this section. (d) A former resident of a unit subject to this section who last resided in that unit. (e) An applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following:
(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (2) Is able and willing to occupy that particular unit. (3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.
(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section. (Added by Stats. 2014, Ch. 677, Sec. 2. (AB 2135) Effective January 1, 2015.) (a) After the disposing agency has received a notice of interest from the entity desiring to purchase or lease the land on terms that comply with this article, the disposing agency and the entity shall enter into good faith negotiations to determine a mutually satisfactory sales price and terms or lease terms. If the price or terms cannot be agreed upon after a good faith negotiation period of not less than 90 days, the land may be disposed of without further regard to this article, except that Section 54233 shall apply. (b) Residential use shall be deemed an acceptable use for the surplus land for the purposes of good faith negotiations with a local agency conducted pursuant to this article. Nothing in this subdivision shall restrict a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. Except as provided in subdivision (c), terms agreed to pursuant to the negotiations shall not do any of the following: Page 299 of 1065
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 5/10 54224.
54225.
54226.
54227.
54230.
(1) Disallow residential use of the site as a condition of the disposal. (2) Reduce the allowable number of residential units or the maximum lot coverage below what may be allowed by zoning or general plan requirements.
(3) Require as a condition of disposal, any design standards or architectural requirements that would have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate- income households, other than the minimum standards required by general plan, zoning, and subdivision standards and criteria.
(c) Terms agreed to pursuant to the negotiations required by subdivision (a) may include limitations on residential use or density if, without the limitations, the residential use or density would have a specific, adverse impact, supported by written findings, upon the public health or safety or upon the operation or facilities of a local agency, and there is no feasible method to satisfactorily mitigate the impact. (Amended by Stats. 2019, Ch. 664, Sec. 5. (AB 1486) Effective January 1, 2020.) Nothing in this article shall preclude a local agency, housing authority, or redevelopment agency which purchases land from a disposing agency pursuant to this article from reconveying the land to a nonprofit or for- profit housing developer for development of low- and moderate-income housing as authorized under other provisions of law.
(Repealed and added by Stats. 1982, Ch. 1442, Sec. 6.)
Any public agency disposing of surplus land to an entity described in Section 54222 that intends to use the land for park or recreation purposes, for open-space purposes, for school purposes, or for low- and moderate- income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. The payment period for surplus land disposed of for housing for persons and families of low and moderate income may exceed 20 years, but the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing. (Amended by Stats. 2019, Ch. 664, Sec. 6. (AB 1486) Effective January 1, 2020.) This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at fair market value or at less than fair market value, and any sale or lease at or less than fair market value consistent with this article shall not be construed as inconsistent with an agency’s purpose. No provision of this article shall be applied when it conflicts with any other provision of statutory law. (Amended by Stats. 2019, Ch. 664, Sec. 7. (AB 1486) Effective January 1, 2020.) (a) In the event that any local agency disposing of surplus land receives a notice of interest to purchase or lease that land from more than one of the entities to which notice of available surplus land was given pursuant to this article, the local agency shall give first priority to the entity or entities that agree to use the site for housing that meets the requirements of Section 54222.5. If the local agency receives offers from more than one entity that agrees to meet the requirements of Section 54222.5, then the local agency shall give priority to the entity that proposes to provide the greatest number of units that meet the requirements of Section 54222.5. In the event that more than one entity proposes the same number of units that meet the requirements of Section 54222.5, priority shall be given to the entity that proposes the deepest average level of affordability for the affordable units. A local agency may negotiate concurrently with all entities that provide notice of interest for the purpose of developing affordable housing that meets the requirements of Section 54222.5. (b) Notwithstanding subdivision (a), first priority shall be given to an entity that agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes, or if the land is designated for park and recreational use in the local general plan and will be developed for that purpose.
(Amended by Stats. 2019, Ch. 664, Sec. 8. (AB 1486) Effective January 1, 2020.) (a) (1) On or before December 31 of each year, each county and each city shall make a central inventory of all surplus land, as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls.
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 6/10 54230.5.
(2) (A) Subject to subparagraph (C), each county and each city shall make a description of each parcel described in paragraph (1) and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.
(B) The information reported pursuant to this paragraph shall include, but not be limited to, the following information with respect to each site:
(i) Street address, or similar location information.
(ii) Assessor’s parcel number.
(iii) Existing use.
(iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres.
(C) The Department of Housing and Community Development may, in its discretion, delay implementation of this paragraph until April 1, 2022.
(3) Each county and each city, upon request, shall provide a list of its surplus land and excess land to an individual, limited dividend corporation, housing corporation, or nonprofit corporation without charge. (b) The Department of Housing and Community Development shall provide the information reported to it by a city or county pursuant to paragraph (2) of subdivision (a) to the Department of General Services for inclusion in a digitized inventory of all state-owned parcels that are in excess of state needs. (c) The Department of Housing and Community Development may review, adopt, amend, and repeal standards, forms, and definitions in order to implement this section. Any standards, forms, or definitions adopted, amended, or repealed pursuant to this subdivision are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (Amended by Stats. 2020, Ch. 165, Sec. 2. (SB 1030) Effective September 25, 2020.) (a) (1) A local agency that disposes of land in violation of this article after receiving a notification from the Department of Housing and Community Development pursuant to subdivision (b) that the local agency is in violation of this article shall be liable for a penalty of 30 percent of the final sale price of the land sold in violation of this article for a first violation and 50 percent for any subsequent violation. An entity identified in Section 54222 or a person who would have been eligible to apply for residency in any affordable housing developed or a housing organization as defined in Section 65589.5, or any beneficially interested person or entity may bring an action to enforce this section. A local agency shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the local agency disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in less than 60 days. (2) A penalty assessed pursuant to this subdivision shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.
(3) Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households.
Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (b) (1) Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5, whichever is applicable, in a form prescribed by the Department of Housing and Community Development. A local agency may submit this
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 7/10 54230.5.
information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies. A local agency shall not be liable for the penalty imposed by subdivision (a) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description.
(2) The Department of Housing and Community Development shall do all of the following:
(A) Make available educational resources and materials that inform each agency of its obligations under this article and that provide guidance on how to comply with its provisions. (B) Review information submitted pursuant to paragraph (1). (C) Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article. (D) Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(E) Provide the local agency reasonable time, but not less than 60 days, to respond to the findings before taking any other action authorized by this section.
(3) (A) The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph (B) of paragraph (2) and shall do one of the following:
(i) Correct any issues identified by the Department of Housing and Community Development. (ii) Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings. (B) If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings, or if the Department of Housing and Community Development finds that the local agency’s findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General, that the local agency is in violation of this article.
(c) The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1, 2021. (d) Notwithstanding subdivision (c), this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1.
(Amended by Stats. 2020, Ch. 370, Sec. 159. (SB 1371) Effective January 1, 2021. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)
(a) (1) A local agency that disposes of land in violation of this article after receiving a notification from the Department of Housing and Community Development pursuant to subdivision (b) that the local agency is in violation of this article shall be liable for a penalty of 30 percent of the final sale price of the land sold in violation of this article for a first violation and 50 percent for any subsequent violation. An entity identified in Section 54222 or a person who would have been eligible to apply for residency in any affordable housing developed or a housing organization as defined in Section 65589.5, or any beneficially interested person or entity may bring an action to enforce this section. A local agency shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the local agency disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in less than 60 days. (2) A penalty assessed pursuant to this subdivision shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 8/10 54230.6.
54231.
(3) Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households.
Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (b) (1) Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5, whichever is applicable, in a form prescribed by the Department of Housing and Community Development. A local agency may submit this information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies. A local agency shall not be liable for the penalty imposed by subdivision (a) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description.
(2) The Department of Housing and Community Development shall do all of the following:
(A) Make available educational resources and materials that inform each agency of its obligations under this article and that provide guidance on how to comply with its provisions. (B) Review information submitted pursuant to paragraph (1). (C) Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article. (D) Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(E) Provide the local agency reasonable time, but not less than 60 days, to respond to the findings before taking any other action authorized by this section.
(3) (A) The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph (B) of paragraph (2) and shall do one of the following:
(i) Correct any issues identified by the Department of Housing and Community Development. (ii) Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings. (B) If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development’s findings, or if the Department of Housing and Community Development finds that the local agency’s findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General, that the local agency is in violation of this article.
(c) The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1, 2021. (d) Notwithstanding subdivision (c), this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Division 10 (commencing with Section 7920.000) of Title 1.
(Amended by Stats. 2021, Ch. 615, Sec. 203. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
The failure by a local agency to comply with this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Added by Stats. 2019, Ch. 664, Sec. 10. (AB 1486) Effective January 1, 2020.) Land acquired by a local agency for highway purposes through the expenditure of funds allocated pursuant to Chapter 3 (commencing with Section 2100) of Division 3 of the Streets and Highways Code may be retained by the local agency, or transferred to another local agency, for public park and recreational purposes if the land is no
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 9/10 54232.
54233.
54233.5.
54234.
longer necessary for highway purposes, and if the local agency having jurisdiction over such land determines that the use of such land for public park and recreational purposes is the highest and best use of the land. (Added by Stats. 1975, Ch. 852.)
Land retained or transferred for public park and recreational purposes pursuant to Section 54231 shall be developed within 10 years, and shall be used for at least 25 years, following such retention or transfer for such purposes in accordance with the general plan for the city or county in which the land is located. Otherwise, the land shall be sold by the local agency, and the funds received from the sale shall be used for highway purposes. If the land originally had been transferred for such purposes, it shall revert to the original acquiring local agency for such sale.
(Added by Stats. 1975, Ch. 852.)
If the local agency does not agree to price and terms with an entity to which notice of availability of land was given pursuant to this article, or if no entity to which a notice of availability was given pursuant to this article responds to that notice, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcels shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development on a form prescribed by the department. (Amended by Stats. 2019, Ch. 664, Sec. 11. (AB 1486) Effective January 1, 2020.) If a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, disposes of surplus land where local zoning permits development of 10 or more residential units or is rezoned within five years of the disposal to permit the development of 10 or more residential units, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcel shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. This section shall not apply to projects as defined in subdivision (j) of Section 32121 of the Health and Safety Code. A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development in a form prescribed by the department.
(Added by Stats. 2019, Ch. 664, Sec. 12. (AB 1486) Effective January 1, 2020.) (a) (1) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2022. (2) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property related to the Metro North Hollywood Joint Development Project, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the
6/15/22, 1:43 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=5.&article=8. 10/10 disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2024. (3) If a local agency, as of September 30, 2019, has issued a competitive request for proposals for the development of property that includes at least 100 residential units and at least 25 percent of the total residential units are restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that participated in the competitive request for proposals process, or the party’s successors or assigns, provided a disposition and development agreement for the property is entered into not later than December 31, 2024. A joint development involving multiple parcels shall meet the requirements of this paragraph so long as there was a single competitive request for proposals process and the joint development otherwise meets all the requirements listed in this paragraph. A “disposition and development agreement” means an agreement between the developer and the local agency that binds the developer to construct a specific development and the local agency to dispose of the property if permits and other entitlements for the project are obtained. This paragraph shall not apply to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code. If the property is not disposed of pursuant to a qualifying disposition and development agreement before March 31, 2026, or if no disposition and development agreement is entered into before December 31, 2024, then future negotiations for and disposition of the property shall be subject to the provisions of this article.
(4) The dates specified in paragraphs (1) to (3), inclusive, by which the disposition of property must be completed shall be extended if the disposition of property, the local agency’s right or ability to dispose of the property, or a development project for which the property is proposed to be transferred, is the subject of judicial challenge, by petition for writ of mandate, complaint for declaratory relief or otherwise, to the date that is six months following the final conclusion of such litigation.
(b) (1) With respect to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code, either for sale or retained for future development, this article as it existed on December 31, 2019, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, which take effect on January 1, 2020, shall apply to the disposition of that property if both of the following apply:
(A) An exclusive negotiating agreement or legally binding agreement for disposition is entered into not later than December 31, 2020.
(B) The disposition is completed not later than December 31, 2022. (2) If land described in paragraph (1) is the subject of litigation, including, but not limited to, litigation challenging the disposition of such property, the right or ability to dispose of the property, or a development project for which such property is proposed to be transferred, the dates specified in paragraph (1) shall be extended to the date that is six months following the final conclusion of such litigation. (c) Nothing in this section shall authorize or excuse any violation of the provisions of this article as it existed on December 31, 2019, in the disposition of any property to which such provisions apply pursuant to subdivision (a) or (b).
(Amended by Stats. 2021, Ch. 255, Sec. 4. (AB 175) Effective September 23, 2021.)
Date: November 18, 2015
W.I.: 1512
Referred by: PAC
Revised: 07/27/16-C 10/26/16-C 12/21/16-C
03/22/17-C 04/26/17-C 05/24/17-C
06/28/17-C 07/26/17-C 09/27/17-C
10/25/17-C 11/15/17-C 12/20-17-C
01/24/18-C 02/28/18-C 03/28/18-C
04/25/18-C 05/23/18-C 06/27/18-C
07/25/18-C 09/26/18-C 11/28/18-C
12/19/18-C 01/23/19-C 02/27/19-C
03/27/19-C 06/26/19-C 07/24/19-C
09/25/19-C 10/23/19-C 11/20/19-C
ABSTRACT
Resolution No. 4202, Revised
Adoption of the project selection policies and project programming for the second round of the One Bay Area Grant program (OBAG 2). The project selection criteria and programming policy contain the project categories that are to be funded with various fund sources including federal surface transportation act funding available to MTC for its programming discretion to be included in the federal Transportation Improvement Program (TIP) for the OBAG 2 funding period.
The resolution includes the following attachments:
Attachment A – OBAG 2 Project Selection Criteria and Programming Policy Attachment B-1 – OBAG 2 Regional Program Project List
Attachment B-2 – OBAG 2 County Program Project List
On July 27, 2016, Attachment A, and Attachments B-1 and B-2 were revised to add additional funding and projects to the OBAG 2 framework, including $72 million in additional Fixing America’s Surface Transportation Act (FAST) funding, and to incorporate housing-related policies.
On October 26, 2016, Attachment A, and Attachment B-1 were revised to clarify language related to the North Bay Priority Conservation Area (PCA) Program in Attachment A and to deprogram $2,500,000 from the Water Emergency Transportation Authority (WETA) Ferry Service Enhancement Pilot within the Regional Active Operational Management Program.
On December 21, 2016, Attachments B-1 and B-2 were revised to redirect $417,000 in un- programmed balances from the Regional Active Operational Management program to MTC’s Spare the Air Youth within the Climate Initiatives Program; divide MTC’s Rideshare Program into three subcomponents totaling $10,000,000: $720,000 for Rideshare Implementation, $7,280,000 for the
ABSTRACT
MTC Resolution No. 4202, Revised
Carpool Program, and $2,000,000 for the Vanpool Program; direct $1,785,000 from 511 Next Gen to the Commuter Benefits program; direct $1,000,000 in un-programmed balances to SMART’s Multi-Use Pathway; transfer $1,000,000 from MTC’s Casual Carpool project to MTC’s Eastbay Commuter Parking project within the Bay Bridge Forward program, as the former will be funded with non-federal funds; transfer $500,000 from the Freeway Performance Initiative program and $500,000 in un-programmed balances to US 101/Marin Sonoma Narrow’s B2 Phase 2 project in the Regional Active Operational Management Program; shift $40,000,000 from the BART Car Replacement/Expansion project to the Golden Gate Bridge Suicide Deterrent project and $13 million from MTC’s Clipper project to un-programmed balances within the Transit Priorities program as part of a RM2 funding action to address a cost increase on the Golden Gate Bridge Suicide Deterrent project; and program $5,990,000 to Alameda County’s Safe Routes to School Program in the County Program.
On March 22, 2017, Attachment B-1 was revised to program $17,000,000 in un-programmed balances within the Regional Transit Priorities Program to MTC’s Clipper Program, as part of the FY17 Transit Capital Priorities program.
On April 26, 2017, Attachment B-2 was revised to program $1,655,000 to the Sonoma Safe Routes to School program; and redirect $1,000 from Contra Costa Transportation Authority’s Planning Activities Base to its discretionary balance and $1,000 from San Francisco County Transportation Authority’s Planning Activities Base to its discretionary balance to address an inconsistency between amounts programmed to planning activities in Appendix A-3 and reflect actual amounts obligated for planning.
On May 24, 2017, Attachment B-1 was revised to redirect $1,237,000 from 511 Next Gen to AOM Implementation within the Regional Active Operational Management program to reflect re- organization of staff between program elements; direct $18,000,000 in Arterial/Transit Performance to the Program for Arterial System Synchronization ($5,000,000) and the Next Gen Arterial Operations Program ($13,000,000) within the Regional Active Operational Management program; direct $19,000,000 from the Transportation Management System (TMS) Field Equipment Devices Operations and Maintenance to TMS Implementation ($2,910,000), Performance-Based Intelligent Transportation Systems Device Maintenance and Rehabilitation ($5,940,000), Transportation Management Center Asset Upgrade and Replacement ($4,000,000), I-880 Communication Upgrade and Infrastructure Gap Closures ($4,000,000) and a Detection Technology Pilot ($5,000,000) within the Regional Active Operational Management program; and remove $290,556 in un-programmed
ABSTRACT
MTC Resolution No. 4202, Revised
balances from the Regional Active Operational Management program to address over-programming in a previous cycles of the STP/CMAQ regional programs.
On June 28, 2017, Attachments B-1 and B-2 were revised to reprogram $1,000,000 from the SMART Pathway – 2nd to Andersen to San Rafael’s Grand Ave Bike/Pedestrian Improvements within the Regional Climate Initiatives program as part of a funding exchange within the City of San Rafael, conditioned on San Rafael committing $1 million in non-federal funds to the construction of the pathway, and a resolution of local support for the use of federal funds on the Grand Ave project, and TAM approval of the redirection of local measure funds between the projects; split out $8,729,000 from the 511 Next Gen program to 511 Implementation within the Regional Active Operational Management program; program $1,250,000 to Golden Gate Bridge Highway and Transportation District for the Bettini Transit Center as part of the Marin County Program; and program $2,617,000 within the San Mateo County Program to the San Mateo County Office of Education for the SRTS program, including $223,000 in supplemental funds from San Mateo’s discretionary balance.
On July 26, 2017, Attachment B-1 was revised to program $12,000,000 to the US 101 Marin Sonoma Narrows project as part of a fund exchange agreement with Sonoma County Transportation Authority; $11,000,000 in exchange funds are added to the program for tracking purposes, with the final $1 million in exchange funds to be identified through a future Commission action.
On September 27, 2017, Attachment B-1 was revised to change the name of the Next Gen Arterial Operations Program (NGAOP) to Innovative Deployment for Enhanced Arterials (IDEA) to reflect program rebranding and additional focus on advanced technologies; program $4,160,000 to Incident Management Implementation and $8,840,000 to I-880 Integrated Corridor Mobility project within the Regional Active Operational Management program; split out the Connected Vehicles/Shared Mobility program into the Connected Vehicles/Automated Vehicles program for $2,500,000 and the Shared Use Mobility program for $2,500,000; and program $16,000,000 for three corridors within the Freeway Performance Program, with $8,000,000 for I- 680, $3,000,000 for I-880, and $5,000,000 for SR-84.
On October 25, 2017, Attachment B-1 was revised to program $10,000,000 to the Bay Area Air Quality Management District for the Spare the Air program, in lieu of the Electric Vehicle Programs within the Regional Climate Initiatives Program, conditioned on the Air District
ABSTRACT
MTC Resolution No. 4202, Revised
contribution of an additional $10 million to advance implementation of electric vehicles within the region.
On November 15, 2017, Attachment B-2 was revised to program $200,000 in the Alameda County Program to the I-580 Corridor Study, to support a joint corridor study between Alameda County Transportation Commission (ACTC) and MTC; $122,000 within the Napa County Program to Napa Valley Transportation Authority (NVTA) for the Napa County Safe Routes to School (SRTS) Program; and $300,000 within the Contra Costa County Program to San Ramon for the San Ramon Valley Street Smarts Program.
On December 20, 2017, Attachments A, Appendix A-3, B-1, and B-2 were revised to program $334 million in the County Program to local and county projects recommended by the nine Congestion Management Agencies (CMAs); redirect $10,248,000 from BART Car Replacement/Expansion to Clipper within the Regional Transit Priorities Program; revise the CMA Planning Activities funding amounts to reflect the supplementary funds requested by several CMAs through their County Programs; and clarify the program details for the Local Housing Production Incentive program (also known as the 80K by 2020 Challenge Grant).
On January 24, 2018, Attachment B-1 was revised to redirect $4,100,000 from Performance- Based ITS Device Maintenance and Rehabilitation to I-880 Communication Upgrade and Infrastructure Gap Closures, within the Transportation Management System program.
On February 28, 2018, Attachments B-1 and B-2 were revised to program $13 million in Innovative Deployments to Enhance Arterials (IDEA) program grants within the Regional Active Operational Management Program; redirect $822,000 within Contra Costa County’s Safe Routes to School Program (SRTS) for future SRTS projects; program $2,813,000 to San Francisco SRTS Non-Infrastructure Program within the San Francisco County Program; and clarify MTC exchange fund projects.
On March 28, 2018, Attachment B-1 was revised to distribute the $1.5 million Community- Based Transportation Planning Program among the nine county Congestion Management Areas (CMAs); clarify the limits of three Freeway Performance Program projects within the Regional Active Operational Management Program; and reflect the programming of $30,000 in MTC exchange funds for Bay Area Greenprint Functionality Improvements, as part of the PCA program.
ABSTRACT
MTC Resolution No. 4202, Revised
On April 25, 2018, Attachment B-1 was revised to program $8,200,000 in Priority Conservation Area (PCA) grants within the North Bay PCA Program; $3,400,000 to Sonoma County Transportation Authority (SCTA) for the Marin Sonoma Narrows B2 Phase 2 project, as part of an exchange agreement in which an equal amount of SCTA’s future Regional Transportation Improvement Program (RTIP) funds will be programmed at MTC’s discretion; $7,288,000 in PDA Planning and Implementation grants; and $500,000 to MTC for PDA Implementation.
On May 23, 2018, Attachments B-1 and B-2 were revised to change the project sponsor from MTC to VTA for the IDEA Program project at the Veteran’s Administration Palo Alto Medical Center; redirect funds within the Santa Clara County OBAG 2 County Program to reduce San Jose’s West San Carlos Urban Village Streetscape Improvements by $2,050,000, redirecting $1,000,000 from the project to Santa Clara’s Saratoga Creek Trail Phase 1 and $1,050,000 to Saratoga’s Prospect Rd Complete Streets project; and direct an additional an additional $25,000 in unprogrammed balances within Santa Clara County OBAG 2 County Program to Saratoga’s Prospect Rd Complete Streets project.
On June 27, 2018, Attachments B-1 and B-2 were revised to program $800,000 to MTC’s Carsharing Implementation and $325,000 to Targeted Transportation Alternatives within the Climate Initiatives Program; redirect from MTC’s 511 NextGen program $8,271,000 to 511 Implementation, $2,000,000 to Contra Costa Transportation Authority’s (CCTA’s) I-80 Central Ave Interchange Improvements project, and $380,000 to an unprogrammed balance within the Regional Active Operational Management program; clarify the scope of MTC’s Freeway Performance Program I-880 to reflect the project limits of I-80 to I-280; and redirect $1,394,000 from Vallejo’s Local Streets Rehabilitation project to Fairfield’s Heart of Fairfield project within the Solano County Program.
On July 25, 2018, Attachment B-1 was revised to program $1,600,000 to Santa Clara Valley Transportation Authority (VTA) for the SR 85 Transit Guideway Study as part of a fund exchange agreement; remove Rohnert Park’s $65,000 Central Rohnert Park PDA/Creekside Neighborhood Subarea Connector Path Technical Assistance grant from the Regional PDA Planning Grant program as it will be funded through a prior cycle; reduce the funding for Windsor’s PDA Planning and Implementation Staffing Assistance grant by $85,000 as this project will receive an equivalent amount of funds through a prior cycle; a total of $150,000 balance created by these two revisions was returned to the Regional PDA Planning Grant Program un-programmed balance.
ABSTRACT
MTC Resolution No. 4202, Revised
On September 12, 2018, Attachments B-1 and B-2 were revised to program $3,000,000 within the Freeway Performance Program to the US 101 corridor in San Mateo and Santa Clara counties; direct an additional $6,000,000 within the Freeway Performance Program to the I-680 corridor within Contra Costa County, $4,000,000 of which is part of an exchange agreement with Contra Costa Transportation Authority (CCTA); redirect $15,000 within the Innovative Deployment for Enhanced Arterials (IDEA) program from IDEA Technical Assistance to VTA’s IDEA grant at the Veterans Affairs Palo Alto Medical Center; redirect $48,000 from MTC’s Clipper to the BART Car Replacement/Expansion project within the Transit Priorities program to reflect program amounts previously adopted through the Transit Capital Priorities (TCP) program; revise the amount programmed to VTA’s SR 85 Transit Guideway Study within Regional Strategic Initiatives to $1,200,000 to reflect amount previously approved; redirect $1,214,000 from Berkeley’s North Shattuck Avenue Rehabilitation project to its Southside Complete Streets and Transit Improvements project within the Alameda County Program; from Sunnyvale’s East Sunnyvale Area Sense of Place Improvements, redirect $1,000,000 to Los Altos’ Miramonte Ave Bicycle and Pedestrian Access Improvements and $1,140,000 to the Safe Routes to School program balance within the Santa Clara County Program; and program $4,500,000 available from a previous funding cycle to the following projects within Regional Strategic Initiatives: $617,000 to Novato’s Pavement Rehabilitation (for Downtown Novato SMART Station) as part of a local funding exchange, $1,120,000 to the Transportation Authority of Marin (TAM) for the Old Redwood Highway Multi-Use Pathway project, $763,000 for San Rafael’s Grand Ave Bridge project, and $2,000,000 to TAM for the US 101 Marin Sonoma Narrows project.
On November 28, 2018, Attachment B-1 was revised to make adjustments related to the MTC/SCVTA Funding Exchange Agreement MTC Resolution No. 4356 and to the MTC/CCTA Funding Exchange Agreement MTC Resolution No. 4357, and to program $4,000,000 in MTC exchange funds in accordance with MTC Resolution 3989, to the following projects: $619,000 to CCTA for Innovative Deployment for Enhanced Arterials; $621,000 to the city of Walnut Creek for innovative Deployment for Enhanced Arterials; $500,000 to the city of Richmond for the Richmond-San Rafael Bridge Bikeway Access; $1,160,000 to MTC for Richmond-San Rafael Bridge Forward; and $1,100,000 to MTC for Napa Valley Transportation Demand.
On December 19, 2018, Attachments B-1 and B-2 were revised to redirect $5,200,000 from MTC’s I-880 Integrated Corridor Management (ICM) Central Segment to the I-880 ICM Northern Segment project within the Regional Active Operational Management Program; clarify
ABSTRACT
MTC Resolution No. 4202, Revised
the Diridon Integrated Station Area Concept Plan project within the Regional Priority Development Planning and Implementation Program to reference Santa Clara Valley Transportation Authority (VTA) as a project partner; within the Santa Clara County Program, redirect $794,000 in unprogrammed balances to Sunnyvale’s East Sunnyvale Sense of Place Improvements, clarify the remaining unprogrammed balance is discretionary, and clarify the division of funding for Santa Clara’s Saratoga Creek Trail Phase 1 project between the county’s Safe Routes to School program and its discretionary program.
On January 23, 2019, Attachment B-2 was revised to redirect $15,980,000 within the San Francisco County Program from the Better Market Street project to the Central Subway project.
On February 27, 2019, Attachment B-1 was revised to change the fund source of $3,779,849 programmed to the Golden Gate Bridge Suicide Deterrent in Surface Transportation Block Grant Program (STP) funds to Highway Infrastructure Program (STP Bump) funds provided in the Consolidated Appropriations Act, 2018. Of the $3,779,849 freed up by this swap, $1,000,000 is returned to the region’s STP/CMAQ balance to help address the CMAQ shortfall as a result of the region becoming attainment for carbon monoxide (CO) and therefore receiving less CMAQ funds which are distributed based on air quality status. The remaining $2,779,849 is held for future Commission action.
On March 27, 2019, Attachment A, Appendix A-8, Appendix A-10, and Attachment B-1 were revised to clarify provisions pertaining to the interim status report requirements for Priority Development Area (PDA) Investment & Growth Strategies; change the recipient of the Concord IDEA project from CCTA to the City of Concord and reduce the MTC Exchange funding from $619,000 to $589,000; and redirect the $30,000 in MTC Exchange funds to a new MTC-led Concord IDEA project.
On June 26, 2019, Attachment B-2 was revised to program $822,000 in unprogrammed Safe Routes to School Program (SRTS) balances within the Contra Costa County Program to six existing projects; and to redirect $251,000 within the San Mateo County Program from Atherton’s Middlefield Road Class II Bike Lanes to its James Avenue Rehabilitation.
On July 24, 2019, Attachment A was revised to delegate authority to the Executive Director or designee to sign Letters of Understanding for the exchange of STP/CMAQ funds with other
ABSTRACT
MTC Resolution No. 4202, Revised
regions, within certain conditions and limitations, and to delegate to a Committee of the Commission the authority to approve exchanges beyond these conditions and limitations.
On September 25, 2019, Attachments B-1 and B-2 were revised to clarify that the $300,000 programmed to Alameda County Transportation Commission (ACTC) within the Community Based Transportation Plan (CBTP) Updates program will be directed to its Congestion Management Agency (CMA) Planning program as part of an internal fund exchange within ACTC; redirect $9.6 million from 511 Implementation to 511 Next Gen within the Bay Area 511 Traveler Information Program; within the Freeway Performance Program redirect $625,000 in from MTC’s SR 84 (US 101 to I-880) to the environmental phase of MTC’s I-580 WB HOV Lane Extension project and change the project sponsor of the I-80/Central Ave. Interchange Improvements project from the Contra Costa Transportation Authority (CCTA) to City of Richmond; within the Innovative Deployment to Enhance Arterials (IDEA) program, clarify that LAVTA is a partner agency for the Dublin Category 2 IDEA project; within the Transportation Management Systems (TMS) program, change the name of the overall program to Connected Bay Area, redirect $2 million from the Detection Technology Pilot project and $1.8 million from the Performance-Based ITS Device Maintenance and Rehabilitation project to provide an additional $3.8 million to the I-880 Communications Upgrade and Infrastructure Gap Closures project; within the Incident Management program, redirect $1 million from MTC’s I-880 Integrated Corridor Management (ICM) Central Segment to the Northern Segment; within the San Francisco County program, redirect $3,366,000 from John Yehall Chin Elementary Safe Routes to School (SRTS) Improvement; and within the Santa Clara County program, redirect $1 million from Los Altos’ Miramonte Ave Bicycle and Pedestrian Access Improvements project to Cupertino’s McClellan Rd Separated Bike Lane project, and program $1,346,000 in unprogrammed discretionary balances to Campbell’s Harriet Ave Sidewalk project and Los Gatos Shannon Rd Complete Streets project.
On October 23, 2019, Attachment B-1 was revised to redirect $3 million from MTC’s Detection Technology Pilot project to establish the InterConnect Bay Area grant program within the Connected Bay Area program; direct $5 million ($4 million Solano County and $1 million other North Bay counties) within the Housing Incentive Pool program to establish the Sub-HIP program, with specific projects to be recommended through future programming actions; and program $1 million to BART for AB2923 Implementation from unprogrammed balances within the PDA Planning & Implementation program.