City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01959 11/19/2024 Consent Item 14.
(Pass for Publication) An Ordinance Amending Section 12.12.010 and Adding Section
12.12.180 to the Sacramento City Code, Relating to Excavations File ID: 2024-01959
Location: Citywide
Recommendation: 1) Review an ordinance amending Section 12.12.010 and adding Section
12.12.180 to the Sacramento City Code, relating to excavations; and 2) pass for publication the ordinance title as required by Sacramento City Charter 32c to be considered on December 3, 2024.
Contact: Gregory Smith, Senior Engineer, (916) 808-8364, [email protected]; Lucinda Willcox, Assistant Director, (916) 808-5052, [email protected]; Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Background
3-Ordinance, Clean
4-Ordinance, Redline
Description/Analysis
Issue Detail: The increasing frequency of utility excavations in newly constructed and resurfaced streets is leading to significant deterioration of the City’s road infrastructure. These premature penetrations significantly compromise and reduce the lifespan of the pavement, leading to costly repairs and increased maintenance burden. Industry best practices strongly recommend restricting any cutting, trenching or excavation on newly paved roads for a specified period to preserve pavement integrity and maximize roadway lifespan. Typically, municipalities enforce a moratorium period during which excavation permits are not issued for newly paved surfaces, preventing premature damage that can compromise the pavements durability and aesthetic quality. This moratorium is crucial to safeguard the city’s investment in road infrastructure. By preventing excavation soon after road construction or repaving, the city can ensure that the structural integrity of the pavement is preserved and that the lifespan of the road is maximized.
File ID: 2024-01959 11/19/2024 Consent Item 14.
Establishing a clear moratorium policy will help reduce the City’s risk of undermining its own road improvements efforts and prevent the waste of taxpayer money. Cutting into newly paved streets can lead to premature deterioration, causing cracking, settlement, and uneven surfaces, which may require additional repairs far sooner than expected. This not only reduces the effectiveness of the initial investment but also adds to the long-term maintenance costs.
Implementing a moratorium will establish clear guidelines that protect the functional lifespan of newly paved streets. By prohibiting excavations for five years after the last major resurfacing and three years after lighter treatments, the ordinance ensures that the City’s roads can withstand normal wear and tear without unnecessary damage from utility work. This approach not only enhances public safety but also encourages proactive coordination between utility companies and the City, reducing future disruptions and fostering a more efficient use of resources.
Understanding that there are emergencies or unforeseen circumstances, the proposed Ordinance includes a process to consider waivers to the moratorium. Repairs for approved waivers will be determined on a case-by-case basis depending on the extent of the excavation.
Policy Considerations: The action requested supports the City’s General Plan goals of effectively operating and maintaining transportation facilities and infrastructure to preserve the quality of the system.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed ordinance is categorically exempt from CEQA under Section 15301. Existing Facilities, which includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures. including (c) Existing highways and streets.
Sustainability: The proposed ordinance promotes sustainability by extending the lifespan of road infrastructure, which reduces the need for frequent repairs and minimizes vehicle emissions associated with construction activities. By encouraging utility companies to coordinate their work before resurfacing, the ordinance ensures more efficient resource use and less disruption. Overall, this initiative contributes to lower air pollution and supports a more resilient urban environment.
Commission/Committee Action: On November 12, 2024, the Law and Legislation Committee approved and forwarded to City Council an ordinance amending Section 12.12.010 and adding Section 12.12.180 to the Sacramento City Code, relating to excavations.
Rationale for Recommendation: Enacting moratoriums on excavating recently resurfaced streets is
File ID: 2024-01959 11/19/2024 Consent Item 14.
considered a best practice and used by many local agencies. The proposed ordinance would protect Sacramento’s road infrastructure by establishing a moratorium on excavations for five years after the last major resurfacing and three years for lighter treatments. This measure will minimize premature wear and costly repairs from utility work, ensuring the longevity of newly constructed streets. This ordinance will help implement essential safeguards that enhance the quality and efficiency of the City’s transportation network. There are opportunities to allow for waivers for emergency work to ensure there are no delays in necessary underground utility emergency repairs.
Financial Considerations: There are minimal administrative costs associated with implementing this ordinance that can be absorbed within the Public Works Operating budget. The overall intent of this ordinance is to reduce the ongoing costs for street repairs.
Local Business Enterprise (LBE): Not applicable.
Background: The quality of the City’s roadway infrastructure is essential for the safety and accessibility of residents, for drivers of automobiles as well as buses and cyclists. Excavations from utility work and other projects pose a significant risk to the durability of newly constructed and resurfaced streets, often leading to premature wear and damage that undermines the City’s investments in road improvements.
In response to these challenges, the Citywide Innovation and Efficiency Assessment by Management Partners recommended establishing a moratorium on excavations in newly constructed or resurfaced streets. Specifically, the proposed moratorium would last five years for streets with a new pavement overlay of at least half an inch and three years for streets treated with chip seal, slurry seal coating, or micro paving of less than half an inch. This initiative aims to extend the functional lifespan of road surfaces and reduce costly repairs, while encouraging utility companies to coordinate their work prior to street resurfacing.
To encourage collaboration, the City has reached out to major utility companies, notifying them of the proposed ordinance and inviting their feedback. The purpose of this communication was to facilitate coordination between utility work and the moratorium guidelines.
The proposed ordinance also includes provisions for exceptions, allowing necessary utility work in emergencies or other critical situations. This balanced approach prioritizes public safety and service continuity while protecting the City’s road infrastructure.
By adopting this ordinance, Sacramento will align its practices with other municipalities that have successfully implemented similar measures. This proactive strategy not only enhances the sustainability of the City’s transportation infrastructure but also improves overall roadway quality for all who rely on the City streets.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTION 12.12.010 OF, AND ADDING SECTION
12.12.180 TO, THE SACRAMENTO CITY CODE, RELATING TO EXCAVATIONS BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. A definition of “excavate” is hereby added to section 12.12.010 of the Sacramento City Code to read as follows:
“Excavate” means to remove earth, rock, pavement, or other materials from the ground by digging, drilling, potholing, boring, trenching, or any other means.
B. Except as amended by subsection A above, all provisions of section 12.12.010 remain unchanged and in full effect.
SECTION 2.
Section 12.12.180 is hereby added to the Sacramento City Code to read as follows:
12.12.180 Newly-constructed or resurfaced streets—moratorium period.
A. No person shall excavate a city street, road, or alley during the moratorium period, except as provided in subsection B below. For purposes of this section:
1. If the pavement at the excavation site has been installed, repaired, or replaced to a depth of at least one-half inch below the pavement surface, the moratorium period is five years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
2. If the pavement at the excavation site has been installed, repaired, or replaced to a depth less than one-half inch thick below the pavement surface, such as a chip seal coating, slurry seal coating, or micro paving, the moratorium period is three years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
B. Notwithstanding subsection A above, the director may issue an encroachment permit for the excavation of a city street, road, or alley during the moratorium period if:
1. The excavation is immediately necessary to save life or property; 2 2. The excavation is necessary to prevent the imminent interruption of one or more utility services;
3. The excavation has been requested by a federal or state agency or the city;
4. The excavation is required to comply with a condition imposed on any approval or permit issued in accordance with title 17;
5. The excavation is necessary to provide service where no alternative means of providing service exists; or
6. The director determines the excavation is in the best interest of the city.
C. An applicant requesting an encroachment permit pursuant to subsection B above must submit to the director an application that includes the following information:
1. The basis, from subsection B above, upon which the applicant requests the permit;
2. Location of the excavation to be performed and the reasons the excavation cannot be performed at another location;
3. Description of the work to be performed;
4. Reasons the work cannot be deferred until after the moratorium period; and
5. Reasons why the applicant did not coordinate the work with previous excavations, as required by section 12.12.190.E. 1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTION 12.12.010 OF, AND ADDING SECTION
12.12.180 TO, THE SACRAMENTO CITY CODE, RELATING TO EXCAVATIONS BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. A definition of “excavate” is hereby added to section 12.12.010 of the Sacramento City Code to read as follows:
“Excavate” means to remove earth, rock, pavement, or other materials from the ground by digging, drilling, potholing, boring, trenching, or any other means.
B. Except as amended by subsection A above, all provisions of section 12.12.010 remain unchanged and in full effect.
SECTION 2.
Section 12.12.180 is hereby added to the Sacramento City Code to read as follows:
12.12.180 Newly‐constructed or resurfaced streets—moratorium period.
A. No person shall excavate a city street, road, or alley during the moratorium period, except as provided in subsection B below. For purposes of this section:
1. If the pave ment at the excavation site has been installed, repaired, or replaced to a depth of at least one‐half inch below the pavement surface, the moratorium period is five years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
2. If the pave ment at the excavation site has been installed, repaired, or replaced to a depth less than one‐half inch thick below the pavement surface, such as a chip seal coating, slurry seal coating, or micro paving, the moratorium period is three years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
B. Notwithstanding subsection A above, the director may issue an encroachment permit for the excavation of a city street, road, or alley during the moratorium period if:
1. The excavation is immediately necessary to save life or property; 2 2. The excavation is necessary to prevent the imminent interruption of one or more utility services;
3. The excavation has been requested by a federal or state agency or the city;
4. The excavation is required to comply with a condition imposed on any approval or permit issued in accordance with title 17;
5. The excavation is necessary to provide service where no alternative means of providing service exists; or
6. The director determines the excavation is in the best interest of the city.
C. An applicant requesting an encroachment permit pursuant to subsection B above must submit to the director an application that includes the following information:
1. The basis, from subsection B above, upon which the applicant requests the permit;
2. Location of the excavation to be performed and the reasons the excavation cannot be performed at another location;
3. Description of the work to be performed;
4. Reasons the work cannot be deferred until after the moratorium period; and
5. Reasons why the applicant did not coordinate the work with previous excavations, as required by section 12.12.190.E.