§ 5.208.170  FINDINGS; POLICIES AND PROCEDURES.
   A.   The City Council finds and determines that numerous and repetitive excavations in the public rights-of-way diminish the useful life of the surface pavement and generally cause adverse negative impacts for local residents, local businesses, and vehicular and pedestrian traffic.  The City Council further finds and determines that the utility substructure in the public rights-of-way is subject to potential adverse negative impacts as a consequence of new economic and regulatory policies that foster increased competition between various utility service providers, including telephone corporations, and between other service providers, such as cable system operators.  In order to mitigate these potential adverse negative impacts, the following policies are adopted:
      1.   The City Manager is directed to develop and to implement public rights-of-way policies and procedures that incorporate, to the extent reasonably feasible and consistent with all applicable laws and regulations, the following requirements that are intended to encourage the shared use by utility and other service providers of existing facilities in the public rights-of-way:
         a.   A requirement that utility and other service providers requesting permits review information provided by the city that identifies the location of facilities, such as underground conduits, that are available for shared use, and the owners of those facilities.
         b.   A requirement that utility and other service providers requesting permits submit a written statement that describes in reasonable detail the efforts made to obtain from other utility service providers the right to use excess capacity within existing facilities, and to thereby avoid the construction of new facilities.
         c.   Any additional requirements that will encourage utility and other service providers to share excess capacity within previously-constructed facilities and to coordinate the construction of new facilities in order to minimize the number of excavations in the public rights-of-way.
      2.   The City Manager is directed to ensure that all utility and other service providers, including telephone corporations and cable system operators, comply with all local design, construction, maintenance and safety standards that are consistent with state and federal laws and regulations and that are contained within, or are related to, any permit that authorizes the construction of facilities within the public rights-of-way, including all applicable insurance provisions.
      3.   Based upon the city’s projected plans for street construction or renovation projects, the City Manager is authorized to establish on a quarterly basis one (1) or more construction time periods or “windows” for the installation of facilities within arterial or collector streets, or where city rehabilitation or maintenance activities within the public rights-of-way will be affected.  Cable system operators, telephone corporations, and other utility service providers that submit applications for permits to construct facilities after a predetermined date may be required to delay such construction until the next quarterly “window” that is established by the city; provided, however, that exemptions and exceptions may be established for the emergency repair of facilities within arterial or collector streets, or for safety-related work that must be completed prior to the next construction time period or “window.”
   B.   The City Council finds and determines that the installation in the public rights-of-way of numerous above-ground facilities by utility service providers, including telephone corporations, and other service providers may create safety hazards and adverse visual impacts.  Consequently, the city is authorized to impose, in a manner consistent with all applicable laws and regulations, reasonable conditions in order to mitigate those potential adverse impacts that may result, whether on an individual or a cumulative basis, from permitted above-ground facilities.  Those conditions may include or relate to, without limitation, the following:
      1.   Prior to issuance of the requisite permits, all above-ground facilities proposed to be installed by a utility or other service provider in the public rights-of-way must be clearly delineated on the plans when they are submitted for the city’s review.
      2.   The design and installation by qualified professionals of landscaping and barriers to minimize public view of above-ground facilities whose location has been approved by the city.
      3.   The maintenance of all above-ground facilities in good condition, including compliance with the city’s maintenance standards and ordinances regarding graffiti removal.
      4.   The placement of above-ground facilities, such as overhead drops, as close as possible to other utility drops, consistent with all applicable electrical codes.
      5.   Reasonable limitations upon the number of above-ground facilities that may be installed within a designated geographical area.
      6.   Reasonable limitations upon the dimensions or volume, or both, of above-ground facilities.
      7.   The specification of colors, as are available from the manufacturer used by the service provider, of above-ground facilities reasonably requested by the city to ensure that these facilities blend with the surrounding environment to the maximum extent possible.
      8.   Such additional conditions regulating the time, place, and manner of installations of above-ground facilities as will reasonably mitigate potential safety hazards and adverse visual impacts attributable to these facilities.
   C.   The city reserves all rights that it now possesses or may later acquire to adopt and implement city-wide requirements for the undergrounding of above-ground facilities, or any portion thereof, in a competitively neutral and non-discriminatory manner.  To the extent authorized by law, all utility and other service providers will be required to comply with those requirements at their sole expense.
   D.   Disputes relating to the application of the policies, conditions and limitations set forth in this Article V to utility service providers, cable system operators, holders of state video franchises, or other users of the public rights-of-way, as well as denials of encroachment permit applications for use of public rights-of-way, may be appealed to the City Council for a final determination.
(Ord. 1082, passed 11-16-04; Am. Ord. 1099, passed 4-17-07)