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No person shall excavate in the public right-of-way without, in addition to all other requirements of this code, having first paid to the city a "street cut fee." The amount of this street cut fee shall be set from time to time by resolution, and shall not exceed the reasonable cost necessary to mitigate the degradation to the public streets caused by such excavation. Funds collected as street cut fees shall only be expended for the rehabilitation and resurfacing of the public right-of-way.
(Ord. 4804 § 2 (part), 2003)
Any person subject to the street cut fee may request that the director of public works or designee waive the requirement of payment of the street cut fee due to individual circumstances that demonstrate, on a case-by-case basis, that the amount of the fee is not reasonably related to the projected impact of the proposed excavation.
(Ord. 4804 § 2 (part), 2003)
(a) Excavations in streets scheduled within one year of the date specified in the Notice to Proceed for the city's annual street maintenance program capital improvement project shall be exempt from the street cut fee. The department of public works shall endeavor to notify public utilities of streets so scheduled.
(b) No street cut fee shall be charged for underground utility district projects, utility line relocations necessitated by city-funded street work projects or by street vacations or abandonments.
(c) No street cut fee shall be charged with respect to excavation in a sidewalk, driveway, curb, and gutter.
(d) No street cut fee shall be charged for emergency work as defined as causing an imminent risk to public health and safety.
(Ord. 4804 § 2 (part), 2003)
Any utility or public utility owning, operating or installing in the public rights-of-way or any city street, alley, sidewalk, or any other public place equipment or facilities providing water, sewer, gas or electric service, communications service, or other utility service, shall prepare and submit to the director of public works-city engineer a utility master plan, in a format specified by the city engineer, that shows the location of the utility's or public utility's equipment or facilities in the public rights-of-way or any city street, alley, sidewalk and other public place that are anticipated to exist for the five years after the plan is submitted and approved. Utilities and public utilities shall submit an initial utility master plan no later than 180 days after the effective date of the ordinance adopting this Section 12.10.050. Thereafter, each utility and public utility shall submit annually a revised and update utility master plan containing any reference to a planned major utility works. As used in this section, the term "planned major utility works" refers to any and all future excavations planned by the utility or public utility when the utility master plan or update is submitted that will affect the public rights-of-way or any city street, alley, sidewalk, or other public place for more than a total of fifteen days, provided that the utility or public utility shall not be required to show future excavations planned to occur more than five years after the date that the utility master plan or update is submitted and approved. Any and all utility master plans submitted pursuant to this Section 12.10.050 shall be deemed confidential to the fullest extent provided by law and used solely for purposes of coordination.
(Ord. 4945 § 27, 2007: Ord. 4804 § 2 (part), 2003)
(a) Before a person, utility or public utility applies for an "Application and Permit for Construction in the Public Street" to construct in the public rights-of-way or any street, alley, sidewalk or other public place, the applicant shall notify the director of public works-city engineer, and the city engineer, or designee, shall review on behalf of the applicant the utility master plans and the city's five-year repaving plan on file with the department of public works. The applicant shall coordinate, to the fullest extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such public rights-of-way, streets, alleys, sidewalks or other public places. Such coordination shall include:
(1) Whenever two or more parties have concurrently proposed a major excavation in the same block during a five-year period, they shall meet and confer with the director of utilities, or designee, regarding whether it is feasible to conduct a joint operation. If the director, or designee, determines that it is feasible to conduct a joint operation, a single contractor shall be selected and a single application fee charged.
(2) Any person, utility or public utility aggrieved by the director's decision to require a joint operation may, within thirty days of receipt of the director's written notice, file an appeal with the city manager in written form in a manner prescribed by the director. Within thirty days of the filing of a timely appeal from the director's determination, the city manager shall review the appeal and issue a recommendation to the council to uphold or overturn the action or determination of the director. The recommendation of the city manager shall be placed on the consent calendar of the council within thirty days of the filing of the appeal. In determining such appeal, the council shall consider the impact of the proposed excavation on the neighborhood, the applicant's need to provide services to a property or area, facilitating the deployment of new technology as directed pursuant to official city policy, and the public health, safety, welfare and convenience. The council may adopt the recommendation of the city manager, or remove the appeal from the consent calendar, which shall require a majority vote, and take action to uphold or overturn the recommendation of the city manager. The decision of the council is final.
(b) To avoid future excavations and to reduce the number of street excavations, any person, utility or public utility providing utility or communications service shall be requested, when practicable, to install sufficient conduit to accommodate the reasonably foreseeable future business growth needs of that person, utility or public utility.
(Ord. 5455 § 3, 2018: Ord. 4945 § 28, 2007: Ord. 4804 § 2 (part), 2003)