Title
RESOLUTION NO. 2017-199 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 585-02: UTILITY TRENCH MORATORIUM POLICY AND ADOPTING CHULA VISTA CONSTRUCTION STANDARD CVCS 3A: MORATORIUM ROADWAY TRENCH RESURFACING
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The original Council Policy for Utility Trench Moratorium was adopted on June 5, 2012. In order to ensure sustainable roads and extend the pavement life, throughout the City, staff recommends amending the policy to extend the moratorium periods. The revised policy will also establish a new construction standard drawing to clarify the requirements for repairing trenches in newly paved and sealed public streets.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the activity consists of amending the Utility Trench Moratorium Policy, which does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Although environmental review is not required at this time, once the scope of potential individual projects has been defined, environmental review will be required for each project and the appropriate environmental determination will be made.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Background
The City originally adopted Council Policy 585-02, Utility Trench Moratorium by Resolution 2012-096 (Attachment 1) on June 5, 2012. The purpose of this policy is to protect the integrity of City streets by implementing a trench cut moratorium which will limit developers, utility companies, and City crews from damaging newly paved and resurface streets.
The Council Policy 585-02 established a trench cut moratorium as follows:
• A 1-year moratorium for streets receiving a sealcoat, such as a slurry seal or chip seal.
• A 3-year moratorium for newly constructed, reconstructed streets and overlaid streets.
In addition to the City’s regular standard for repairing utility trenches, CVCS 3&4 (Attachment 4), the policy required the following for trench repair during the moratorium:
• Lateral trenches (perpendicular to the curb) - Extend T-cut grind and overlay limits to 3 feet beyond each side of the trench.
• Longitudinal trenches (parallel to the curb) - Grind 1-1/2 inches minimum and place 1-1/2 inches minimum overlay over the entire lane that is impacted (regardless of the classification of the street).
Findings
Since the adoption of this policy, staff continues to observe pavement deterioration on City streets due to trenching. The City will undertake a large pavement rehabilitation program over the next few years based on Measure P, TransNet and new Gas Tax funding. It is advisable to protect these investments and minimize the damage from premature pavement cuts to ensure the expected life of the pavement is achieved. The main purpose of pavement rehabilitation and maintenance is to extend the life of an existing pavement. It is estimated that an overlay can extend the life of pavement by as much as 20 years. If utility trenching reduces pavement life by up to 50 percent, this is a significant reduction in the effectiveness of the City’s investment. The Pavement Asset Management (PAM) Committee reviewed policies of other agencies in the San Diego area to help evaluate the City’s current policy and develop recommendations for revisions.
A summary of the information gathered to compare utility trench moratoriums is shown in Attachment 2. Trench cut moratorium information for several California agencies, including the City of Chula Vista is shown.
After a review and comparison of the policies, staff recommends an increase in the moratorium period and a revision to the lateral trench repair detail to ensure a sustainable and structurally sound repair.
Additionally, two agencies have a Street Damage Restoration fee imposed in order to recover costs associated with the decrease in the useful life of the pavement caused by trenching. The fee is somewhat subjective and the City’s PAM committee recommends that it not be implemented at this time.
Proposed Policy Revisions
The proposed Council Policy is provided as attachment 3. The revisions are:
1. The Trench Cut Moratorium period begins immediately upon completion of the paving.
• A 3-year moratorium for streets receiving a sealcoat, such as slurry seal or chip seal.
• A 5-year moratorium for newly constructed streets and streets receiving major rehabilitation of one inch or greater, such as reconstruction or overlay.
2. Trench Repair Requirements for Street under Moratorium
• Lateral trenches (perpendicular to the curb) - Extend T-cut grind and overlay limits to 10 feet beyond each side of the trench and over the entire lane that is impacted (regardless of street classification). This is described in the new Chula Vista Construction Standard CVCS 3A “Moratorium Roadway Trench Resurfacing” (Attachment 4).
• Longitudinal trenches (parallel to the curb) - No change.
If adopted, the proposed Council Policy will supersede other existing rules and regulations regarding utility trenching and pavement repairs on moratorium streets.
Development Services staff will review permit applications that include street trenching and confer with Engineering Department Pavement Management staff to determine applicability of the moratorium policy before issuance of the permit.
Coordination with Utility Companies
City staff (Public Works and Engineering) and representatives of the utility companies attend the Utility Coordination Committee (UCC) bi-monthly meeting to discuss their upcoming projects, including pavement rehabilitation programs and planned utility upgrades. The intent of this meeting is to better plan and schedule pavement rehabilitation after the scheduled work by the utility companies in order to reduce impacts to the City’s infrastructure. The UCC receives the initial lists of project locations and as-built lists during the Utility Coordination Meeting. The proposed revisions were presented to the UCC, discussed and accepted.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This item supports Section 3.1.1 - Implement policies and programs that support a healthy community, by providing for more complete planning and design of pavement rehabilitation of streets that address all users.
CURRENT YEAR FISCAL IMPACT
There is no direct fiscal impact to the General Fund from approval of Council Policy No. 585-02 (Utility Trench Moratorium Policy) and adopting CVCS 3A (Moratorium Roadway Trench Resurfacing).
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
1. Existing Council Policy 585-02 and Resolution No. 2012-096
2. Utility Trench Moratorium Information 2017
3. Proposed Council Policy 585-02
4. Proposed Chula Vista Construction Standard (CVCS 3A) “Moratorium Roadway Trench Resurfacing” and current CVCS 3 & 4
Staff Contact: Mari Malong, Associate Engineer, Public Works Department