HomeMy WebLinkAbout99-034 Not Adopted213
RESOLUTION NO. ~ 9 9 9- 0 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA SETTING THE AMOUNT OF THE TRENCH CUT FEE
ESTABLISHED PURSUANT TO ARTICLE III OF CHAPTER 33 OF THE
SANTA ANA MUNCIPAL CODE AND ADDING SAID FEE TO THE
MISCELLANEOUS FEE SCHEDULE
BurhnmoW~n.EcRiEn2~2d~e.Ss ~fOZdsaO~ streets in[the cities of Au~jr~:~it~,
' gt , 'nc' ', o gee, ramento, P~loeni:5,~an ~o,~11 have
concluded that excavations in paved streets degrade
the streets; and [ X'~i~' . CLER~t-~ TH3 C0x' d ~lk~
WHEREAS, the studies performed on streets in the cities of Los Angeles, San
Francisco and Sacramento concluded that this degradation occurs no matter how well the
excavation is restored; and
WHEREAS, in order to determine the extem to which the pavement degradation
found by studies in other cities occurs in the City of Santa And (the "City"), the City
retained Shahin and Associates to determine the effect of excavations on the surface of
streets in the City; and
WHEREAS, the studies performed determined that even if pavement restoration in
the trench itself is structurally adequate, excavations reduce the strength and life of the
pavement; and
WHEREAS, the study performed by Shahin and Associates determined that the
approximate cost of performing repairs necessary to fully mitigate the damage that the
excavations cause to the street surface would be at least $18.70 per square foot of trench
excavated for arterial streets and $8.18 per square foot of trench excavated in local
streets; and, on average, the approximate cost of performing repairs necessary to mitigate
the damage that the excavations cause to the street surface would be at least $9.06 square
foot of trench excavated; and
WHEREAS, on June 7, 1999, the City Council introduced Ordinance No. NS-
2392, which if adopted would find that the entity making and benefiting from an
excavation in City streets should be required to pay the City a Trench Cut Fee that
partially recovers the cost of mitigating the damage caused to the street surface by the
excavation; and
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WHEREAS, City Municipal Code Sections 33-59 et seq. as amended by said
Ordinance, requires that the Trench Cut Fee be paid as a condition of obtaining a permit
for excavation of right of way, and provides that the amount of the Trench Cut Fee shall
be established by resolution of the City Council; and
WHEREAS, said Ordinance also finds and declares that because excavations cause
the greatest damage to newly surfaced streets, and to provide an incentive to avoid
excavations in newly surfaced streets wherever feasible, the Trench Cut Fee should be
highest for excavations in newly surfaced streets, and should decrease as the age of the
street surface being excavated increases; and
WHEREAS, the City Council
Austin, Kansas City, Burlington,
Phoenix concluding
surface of the streets, and the
and Associates
adjacent to trenches
for all maintenance.
studies undertaken by the cities of
Sacramento, San Francisco and
and shorten the life of the
performed by Shahin
ed to the pavement located
the estimated costs
to fully mitigate this
presented to
Fee;
testimony and Other information
basis for and the amount of the Trench Cut
NOW
CITY OF
IT RESOLVED BY THE CITY COUNCIL OF THE
1. The City Council finds, based on the study performed by Shahin and Associates
that the reasonable cost for all maintenance, repair or resurfacing that would be necessary
to partially mitigate the damage and degradation that street excavations cause to the
pavement located adjacent to the excavated trench is conservatively estimated at $9.35
per square foot of trench excavated for arterial streets and $4.09 per square foot of trench
excavated for local streets.
2. The Trench Cut Fee authorized by Sections 33-59 et seq. of the Santa Ana City
Code, as amended by Ordinance No. NS- ., shall be in the amounts set forth in
Exhibit "A", which is attached hereto and incorporated by this reference herein.
3. The fees herein established do not exceed but rather only partially recover the
estimated reasonable costs of providing the maintenance, repair or resurfacing services
that would be necessary to fully mitigate the degradation that excavations cause to the
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pavement located adjacent to the excavated trench, and such fees are established in order
to compensate and partially reimburse the City for the estimated reasonable costs of
providing such services.
4. This resolution shall become effective upon the effective date of Ordinance No.
NS- . Should said Ordinance not be adopted, or should said Ordinance not become
effective, this Resolution shall be deemed null and void and of no further effect.
5. That without further action of the City Council this Trench Cut Fee shall be
incorporated into the City's Miscellaneous Fee Schedule.
ADOPTED this
ATTEST:
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Pulido
Bist
Christy
Franklin
Lutz
McGuigan
Moreno
1999.
APPROVED AS
Joseph W. Fletcher, C
/~en~i:iin Kau fm~h
/ Chief Assistant City Attorney
216
EXHIBIT A
TRENCH CUT FEE
FEE SCHEDULE
ARTERIAL STREET Per Square Foot
Resurfaced between 0 and 5 years. ~~ $9.35
Resurfaced between6 and~.~j~ ?~%~%'~' ~ $7.70
LOCALSTREE~~'- ~x~ ~'{;'~~?~"~qu~areF°°t
Resurfaced betweenV~.~~ $4.09
Resurfaced between 6 ~s. $3.63
Resurfaced between 11 and 15 years.
Resurfaced between 16 and 20 years.
Resurfaced between 21 and 25 years.
$3.41
$3 .O8
$2.73
Fee Calculation:
For the purpose of fee calculation, the minimum width of trench shall be deemed to be
one foot.
"Arterial street" is as defined and designated in the City's Circulation Element of the
General Plan. A "local street" shall be, for purposes of this Trench Cut Fee, all other
streets which do not meet this definition and designation of "arterial streets."
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CERTIFICATE OF ORIGINALITY & PUBLICATION
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.
to be the original resolution adopted by the City Council of the City of Santa
Arm on
Date:
Clerk of the Council
City of Santa Ana