A. Except as expressly provided in this article or as otherwise provided by DIVCA, all provisions of the City of Pinole Municipal Code Sections 13.18.280 (“System Construction”), 13.18.320 (“Hold Harmless”) and 13.18.330 (“Insurance”) shall apply to all work performed by or on behalf of a state franchise holder on any city public rights-of-way, public property, or city easement.
B. Permits. Prior to commencing any work for which a permit is required by subsection A, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of said subsection and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Division 13 of the California Public Resources Code, Section 21000, et seq. (the California Environmental Quality Act).
C. The City Manager shall either approve or deny a state franchise holder's application for any permit required under subsection A within sixty (60) days of receiving a completed permit application from the state franchise holder.
D. If the City Manager denies a state franchise holder's application for a permit, the City Manager shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.
E. A state franchise holder that has been denied a permit by final decision of the City Manager may appeal the denial to the City Council. Upon receiving a notice of appeal, the City Council shall take one (1) of the following actions:
1. Affirm the action of the City Manager without any further hearing; or
2. Refer the matter back to the City Manager for further review with or without instructions; or
3. Set the matter for a de novo hearing before the City Council.
F. In rendering its decision on the appeal, the City Council shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the City Manager unless the City Council is itself conducting a public hearing on the matter.
(Ord. 2009-04 § 2 (part), 2009)