SANTA CRUZ COUNTY BOARD OF SUPERVISORS INDEX SHEET

Creation Date: 611 8/03

Source Code: DCSDX

Agenda Date: 6/24/03

I NVENUM : 53055

Resolution(s):

Ordinance(s): ~ ~~

Contract(s):

Continue Date@): Index: --Letter of Davenport County Sanitation District dated June 12, 2003

--Minute Order dated May 6, 2003 Item No. 37 --Letter of Public Works Department dated April 24, 2003 --Attachments

Item: 73. AS THE BOARD OF DIRECTORS OF THE DAVENPORT COUNTY SANITATION DISTRICT, APPROVED revisions to sanitary sewer standard longitudinal trench backfill and add the revisions to the County Design Criteria as an addendum until the reprinting of the design criteria; authorized the District Engineer to enter into the Pavement Life Performance Warranty with the County of Santa Cruz on behalf of the District; and approved related action, as recommended by the District Engineer

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County of Santa Cruz DAVENPORT COUNTY SANITATION DISTRICT

701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060 - 2 1 a FAX (831) 454-2385 TDD (831) 454-2123

-3RovE.H) AND - DISTRICT ENGINE%~T~TJPI~WOM -- -

D m cow A m

M A . m S o AGENDA DATE: JUNE 24,2003

June 12,2003

BOARD OF DIRECTORS DAVENPORT COUNTY SANITATION DISTRICT 701 Ocean Street, Room 410 Santa Cruz, California 95060

SUBJECT: REVISION TO LONGITUDINAL TRENCH BACKFILL REQUIREMENT SANTA CRUZ COUNTY DEPARTMENT OF PUBLIC WORKS TRENCH CUT COST RECOVERY FEE ORDINANCE, PAVEMENT LIFE PERFORMANCE WARRANTY

Members of the Board:

In January 2002 the County Board of Supervisors approved an increase in trench pavement replacement width to reduce the impact of utility trenches within paved rights-of-way and to reduce uneven street surfaces. As a result, your Board approved a detail change in the County’s Design Criteria to conform to the County’s requirement.

On May 6,2003, the Santa Cruz County Board of Supervisors approved a revision that reduced the longitudinal trench pavement replacement requirements contained in the Design Criteria and added new requirements for all utilities that have facilities located within paved, County maintained rights-of-way. The trench cut cost recovery fee ordinance (the letter to the Board of Supervisors and ordinance are attached) was developed to recover pavement restoration costs from the various utilities, provide coordination between the utilities and the Department of Public Works to schedule construction projects prior to pavement replacement projects, and reduce pavement replacement costs incurred by the utilities for their projects since the 2002 increase in replacement width.

The existing pavement replacement standard requires that two feet of asphalt concrete (A.C.) on all sides of the trench be replaced and that two-sack cement/sand slurry may be used as the backfill. With the Board of Supervisors approval of the new ordinance, the new pavement replacement requirements are reduced to one foot of A.C. replacement on all sides of the longitudinal trench and that one-sack cementhand slurry may be used as the backfill. The amount of pavement replacement for a cross trench excavation will remain as previously approved.

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The Department of Public Works recommended these changes based on studies of roads located in areas with comparable conditions to Santa Cruz County. Along with the decrease in pavement replacement for longitudinal trenching, the following additional requirements will be placed upon the District: the District will be required annually to submit a list of sewer replacementhepair projects to the Department of Public Works, to enter into the attached Pavement Life Performance Warranty agreement with the County (in lieu of paying a Trench Cut Cost Recovery Fee for its sewer main construction projects), to not conduct any improvement project in a newly paved or moratorium roadway for a minimum of three years, and to pay a trench cut fee if the District must trench into a moratorium road. The District would be exempt from the trench cut fee if a District project requires the excavation into a moratorium road for one of the “exception” categories specified in the County’s ordinance.

Attached is the proposed Figure SS-2A Sanitary Sewer Standard Longitudinal Trench Backfill detail for your consideration. This revision will be placed in the design criteria Sanitary Sewer Design Section’s backfill standard to conform to that required by the Department of Public Works.

It is therefore recommended that Board of Directors take the following action:

1.

2.

3.

4.

5.

Approve the revisions to District Figure SS-2A, sanitary sewer standard longitudinal trench backfill.

Add the revised figure to the County Design Criteria as an addendum until the replacement of the figure in the reprinting of the design criteria.

Authorize the District Engineer to enter into the Pavement Life Performance Warranty with the County on behalf of the District.

Direct staff to notify local engineers and contractors of the changes to the trench backfill requirements.

Direct staff to work with the Department of Public Works staff to develop a procedure by which the most current trench cut fee shall be calculated and collected by Department of Public Works staff, and determine those future projects that may be exempt from trench cut fees.

TLB:DR:mh Attachments RECOMMENDED FOR APPROVAL:

W 7 3 County Administrative Officer copy to: Public Works

Yours truly,

District Engineer

DCSDMH.wpd

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COUNTY OF SANTA CRUZ STATE OF CALIFORNIA

Upon the motion of Supervisor Beautz, duly Seconded by Supervisor Almquist, the Board, by unanimous vote, adopted ORDINANCE NO. 4716 adding Chapter 9.8 to Division I1 Roads of Title 9 of the Santa Cruz County Code to Establish A Trench Cut Cost Recovery Fee To Be Imposed In Conjunction with Permits for Excavation in the Public Right-of-way; with language added to Section II, 9.80.070(b), as follows: "If the B.oard finds that future imposition of the Trench Cut Cost Recovery Fee against the claimant would also be inconsistent with a contract to which the claimant is a party or would be unlawful for another reason, the claimant shall thereafter be exempt from the Trench Cut Cost Recovery Fee, unless the Board later finds on the basis of changed circumstances that the exemption should be revoked"; and approved the revised longitudinal trench detail for inclusion in the proposed 2003 Design Criteria Manual

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x i i c Works Utility Companies

State of California, County of Santa Cruz-ss

Supervisors of the County of Santa Cruz, State of e and correct copy of the order made and entered s thereof I have hereunto set my hand and affixed

, Deputy Clerk ON May 08, 2003 I J

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County of Santa CruZ279 DEPARTMENT OF PUBLIC WORKS

701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060 (831) 454-2160 FAX (831) 454-2385 TDD (831) 454-2123

THOMAS L. BOLICH DIRECTOR OF PUBLIC WORKS

AGENDA: MAY 6,2003

April 24,2003

SAITA CRUZ COUNTY BOARD OF SUPERVISORS 701 Ocean Street Santa Cruz, California 95060

SUBJECT: TRENCH CUT COST RECOVERY FEE ORDINANCh

Members of the Board:

On April 1,2003, your Board held a public hearing on the proposed Trench Cut Cost Recovery Fee Ordinance. During that hearing the Public Works Department was given direction to modify the ordinance. These modifications included the addition of specific definitions of terms contained within the ordinance, establishment of a maximum time limit to the required response time for utilities to make trench repairs, and clarification that the three-year period during which County road work will be deferred begins when the utility is initially notified of the County’s intention to overlay or reconstruct the roadway. A redlined ordinance is attached for your review of these proposed revisions along with a redlined agreement for the pavement live performance warranty.

Another item that was discussed at the public hearing included a requirement for the utilities to remove any remaining pavement located between a new trench cap and the existing edge of pavement or lip of gutter when the edge of the new trench cap falls within two feet of the existing edge of pavement or lip of gutter. It is Public Works’ recommendation to keep this standard as currently required. Our department believes that this small pavement section is subject to failure and needs to be incorporated within the trench cap repair area.

Also attached for your Board’s approval is the revised longitudinal trench detail. As discussed at the April 1,2003, public hearing, Public Works proposes to modify this trench standard at the request of the utilities to reduce costs. The new standard will reduce the “tee” requirement from 24 inches to 12 inches. The cross trench “tee” standard will remain unchanged at 36 inches.

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On April 10,2003, Public Works conducted a follow-up trench cut meeting with the utilities to discuss the April 1 , 2003, public hearing and several other items of concern to the utilities. During that meeting, the utilities requested that we consider creating a new trench cap standard for rural roadways. The utilities' position is that the current standard sometimes exceeds the existing structural characteristics of many of the County's roadways. Our department, therefore, is requesting additional time to review this item and for possible development of an alternate tee cap standard for rural roadways. We propose to return to your Board on this item for approval along with an updated County Design Criteria manual on or before August 26, 2003.

It is therefore recommended that the Board of Supervisors take the following action:

1. Adopt the Trench Cut Cost Recovery Fee Ordinance.

2. Approve the attached revised longitudinal trench detail for inclusion in the proposed 2003 Design Criteria Manual.

Yours ,truly, r

Director of Public Works TLB:JES:mg

Attachments

RECOMMENDED FOR APPROVAL:

County Administrative Officer ~

copy to: Public Works U t i l i t y Companies ( D i s t r i b u t i o n L i s t )

TRENCHCUTM.wpd

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ORDINANCE NO. 47 16

AN ORDINANCE ADDING CHAPTER 9.8 TO DIVISION I1 ROADS OF TITLE 9 OF THE SANTA CRUZ COUNTY CODE TO. ESTABLISH

A TRENCH CUT COST RECOVERY FEE TO BE IMPOSED IN CONJUNCTION WITH PERMITS FOR EXCAVATION IN THE PUBLIC RIGHT-OF-WAY

The Board of Supervisors of the County of Santa Cruz ordains as follows:

SECTION I

FINDINGS. The Board of Supervisors of the County of Santa Cruz (the “County”) finds, determines and declares as follows:

A. The County owns and maintains over 600 miles of streets and public right of way, which are subject pursuant to state and federal law as well as grant of franchise, to being excavated with trench cuts for the purpose of laying of utilities, such as water, sewer, gas, electric, communication, or video signal service. This Ordinance is necessary to establish the County’s authority to impose certain fees which will reduce the adverse effects that street excavations have upon the economic life of streets of the County. Such regulation of excavations in County streets helps reduce disruption of and interference with public use of the streets, help prevent premature degradation, and maintain the safe condition of the streets protects the public health, safety and welfare. The public health, safety and welfare of the County requires the enactment of this Ordinance as a municipal affair, and as a valid and appropriate exercise of the County’s police power.

B. Experience in other cities in California including Los Angeles, Sacramento, and San Francisco, as well as cities in other states including the City of Burlington, Vermont have demonstrated that excavations in paved streets degrade and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance and repair. Additionally, the Sacramento and Los Angeles studies concluded that pavement degradation occurs regardless of the quality of the workmanship in filling the excavation and restoring the pavement.

C. In order to determine the applicability of the foregoing studies to the County of Santa Cruz, the County retained Dr. M.Y. Shahin, who has previously participated in the studies for Los Angeles, San Francisco, Sacramento, and Santa Ana to prepare a report. Dr. Shahin reports that even if pavement restoration in the trench itself is structurally adequate, excavations damage the strength and life of the pavement located adjacent to the trench where the excavation occurs. The trench influence area is defined as an area three and one-1d.f feet adjacent to the edge of trench where the excavation occurs. The potential for damage to the pavement is magnified when a street is subject to multiple excavations after the street is surfaced or resurfaced and before the next scheduled resurfacing. Additional thickness of asphalt coating is needed to reconstruct a street if it has been subjected to excavations in order to return it to its original strength and quality.

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D. Prior to the adoption of this Ordinance, the Board of Supervisors reviewed all of the foregoing studies, and recognizes and relies upon the experience reflected therein in support of this Ordinance. Copies of these studies are available for public review upon request. Local conditions in the County of Santa Cruz are sufficiently similar to the conditions existing in the cities subject to the above-referenced studies to permit the County to rely on such studies. The County Board of Supervisors finds that these studies are relevant to the problems addressed by the Countyin enacting this Ordinance, and more specifically finds that these studies provide convincing evidence of the significant adverse unavoidable effects of excavations on the County’s street system.

E. Based on the studies described above, the cost to mitigate the damage and degradation that street excavations cause to the pavement located within the trench influence area is between $0 and $7.88 per square foot of trench excavated for excavations with less than four feet of cover over the utility, and between $0 and $1 1.82 per square foot of trench excavated with greater than four feet of cover over the utility, depending upon the condition of the pavement at the time of the trenching.

F. The fee imposed by this ordinance to be paid to help offset the shortened life of the streets that are cut (the “Trench Cut Cost Recovery Fee”), provides an incentive that will encourage utilities to minimize excavations in County streets. The fee will also promote better coordination among utilities making excavations in County streets and between these utilities and the County (i) to minimize the number of excavations being made wherever feasible, and (ii) to ensure that excavations are performed, to the maximum extent possible, in streets scheduled for resurfacing within two years after the excavation.

G. When an excavation is performed where the Trench Cut Cost Recovery Fee is applicable, the entity making and benefitting from the excavation should be required to pay the County a fee that reimburses to the County the value of unavoidably shortened economic life of that street caused by the excavation and the County’s increased costs in reconstructing the street, in addition to any other applicable fees or charges. Because the effect of the diminished life caused by excavations decreases with time, the fee should be highest for excavations in newly surfaced streets, and should decrease as the condition of the street surface being excavated decreases.

H. This Ordinance does not conflict with provisions of State law, including, but not limited to, Sections 7901 and 12808 of the Public Utilities Code related to interstate telecommunication franchises because the fees hereunder are not charged for the same right granted by State law, but, instead, are charged to recover the costs of mitigating the degradation that the excavation causes to the pavement over and adjacent to the trench, and the increased cost to the County in reconstructing a street that has been patched following an excavation.

I. Likewise, this Ordinance is consistent with the terms of existing utility franchises with the County of Santa Cruz, because (i) a franchise is intended solely to authorize a utility’s use of County streets, ways, alleys and places, (ii) franchise fees established for franchises were not intended to recover the costs of mitigating damage to the pavement over or adjacent to the trench; nor was this damage known to the County when fees for the County’s existing franchises were

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established, (iii) the County does not use, nor is it required to use, franchise fee revenue to pay for street surfacing, resurfacing and/or reconstruction, (iv) franchises are subject to ordinances and regulations subsequently enacted by the County in the exercise of its police power, and (v) the fee authorized by this Ordinance is not related to the quality of workmanship of the repair of the street following its excavation, but instead relates to the shortening of the effective life of a street and the increased cost in reconstruction that is inherent in any excavation.

J. This Ordinance is in conformance with Section 253(C) of the Federal Telecommunications Act of 1996 which expressly recognizes the authority of local governments to impose reasonable nondiscriminatory fees upon telecommunications providers using the public right- of-way, as well as California Government Code 50030 which specifically authorizes the imposition of a permit fee that do not exceed the reasonable costs of providing the service for which the fee is charged.

SECTION I1

Chapter 9.80 is hereby added to Division 11 Roads ofTitle 9 ofthe Santa Cruz County Code to read as follows:

9.80.010 TITLE. This ordinance shall be known as the “Street Trench Cut Cost Recovery Fee Ordinance.”

9.80.020 DEFINITIONS.

“Applicant” shall mean any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate.

“Board” shall mean the Santa Cruz County Board of Supervisors.

“Chapter” shall mean this chapter of the Santa Cruz County Code.

“County” shall mean the County of Santa Cruz.

“County street’’ shall mean any Public right of way which has been accepted, or is hereafter accepted by the County Board of Supenrisors into the County road system pursuant to Section 941 of the California Streets and Highways Code.

“Department” shall mean the Department of Public Works.

“Director” shall mean the Director of Public Works or hisher designee.

“Excavation” shall mean any opening in the surface or subsurface of the public right of way.

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“Facility” or “Facilities” shall mean any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person, that are located or are proposed to be located in the public right of way.

“Owner” shall mean any person, including any agency, department, or subdivision of the County, who owns any facility or facilities that are or are proposed to be installed or maintained in the public right of way.

“Permit” or “permit to excavate” shall mean a permit to perfom an excavation as it has been approved or may be amended or renewed by the Department.

“Person” shall mean any natural person, corporation, partnership, or any governmental agency, including any agency, Department, or subdivision of the County, the state of California, or United States of America.

“Public right of way” shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks, streets, and ways within the County, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department of Public Works.

“Seal coat” means a non-structural road surface treatment designed to increase pavement life, such as a chip seal or a slurry seal.

“Square Foot Trench Repair Reimbursement Fee” is a fee, the amount of which shall be set forth in the Public Works Service and Capital Improvement Fees schedule, as amended, determined based on the average charge-per square foot of the surface area of the excavation cap paid by the County to private contractors for roadway pavement repairs in the most recent year.

“Structural improvements” means major road surface improvements such as road reconstruction or overlays.

“Trench Influence Area” shall mean an area three and one-half feet adjacent to the edge of trench where the excavation occurs.

9.80.030. PURPOSE OF TRENCH CUT COST RECOVERY FEE.

Excavations in paved streets owned and maintained by the County degrade and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance and repair. These excavations cause degradation of the streets even where the excavations are refilled and repaired in conformity with applicable

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standards and requirements. It is appropriate that entities responsible for excavating into the County’s right of way bear the burden of the resulting cost of this degradation and shortened life of the surface rather than the taxpayers of the County. In addition, establishment of a trench cut cost recovery fee will create an incentive for utilities to coordinate excavations in the streets. This Chapter shall not be construed to relieve those excavating into the County right of way of the obligation to fill, repair and properly maintain the location of the excavation.

9.80.040 ESTABLISHMENT OF TRENCH CUT COST RECOVERY FEE.

No person shall excavate in a Public right of way without, in addition to all other requirements of this Code, having first paid to the County a “Trench Cut Cost Recovery Fee.” The amount of this Trench Cut Cost Recovery Fee shall be determined by reference to the tables attached hereto as Exhibit A, which tables may be modified fkom 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.

9.80.050 VARIANCE FROM PAYMENT OF TRENCH CUT COST RECOVERY FEE.

Any person subject to the Trench Cut Cost Recovery Fee may request that the Director waive the requirement of payment of the Trench Cut Cost Recovery 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.

9.80.060 EXCEPTIONS.

(a) Excavations in County streets scheduled for pavement structural improvements within two years of the date of excavation shall be exempt from the Trench Cut Cost Recovery Fee.

(b) No Trench Cut Cost Recovery Fee shall be charged for underground utility district projects initiated by the County, or utility line relocations necessitated by County street work projects or by street vacations or abandonments.

(c) No Trench Cut Cost Recovery Fee shall be charged for excavations performed by or for the County Public Works Department.

(d) No Trench Cut Cost Recovery Fee shall be charged with respect to excavation in a sidewalk or a concrete street.

(e) No Trench Cut Cost Recovery Fee shall be charged where the proposed work will

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include resurfacing of all or a significant portion of the Public right of way where the excavation is made and the Director approves the resurfacing. A “significant portion of the Public right of way” means a surface area of the Public right of way with minimum length and width dimensions as follows: Length: 25 feet from the nearest edge of the excavation area; and Width: the full width of each traffic lane if any portion of the lane is within the Trench Influence Area.

(f) No Trench Cut Cost Recovery Fee shall be charged for any Persons possessing a valid performance warranty agreement with the County as set forth in Section 9.80.065, except as provided in Section 9.80.085.

(8) No Trench Cut Cost Recovery Fee shall be charged for repair work required by the Director pursuant to Section 9.80.095(a).

9.80.065 PAVEMENT LIFE PERFORMANCE WARRANTY

(a) In lieu of paying a Trench Cut Cost Recovery Fee pursuant to Section 9.80.040, a Person who is a public agency, who is a publicly regulated utility company, or who has a valid franchse agreement with the County or is statutorily exempt from franchise requirements shall provide a written pavement life perfonnance warranty in a form acceptable to the County. The warranty shall provide that in the event that subsurface material or pavement over or within the Trench Influence Area becomes depressed, broken, or otherwise fails at any time after the excavation (or joint operation excavation) has been completed, that Person shall repair or restore such condition pursuant to the procedure set forth in Section 9.80.095.

(b) In the event that a Person who is a public agency, a publicly regulated utility company, or who has a valid franchise agreement with the County or who is statutorily exempt from franchise requirements fails or refuses to provide a written pavement life performance warranty, such Person shall pay the Trench Cut Cost Recovery Fee set forth in Section 9.80.040.

(c) Should a Person who has entered a written pavement life performance warranty with the County fail to repair, replace or restore a Public right of way in accordance with the terms of the warranty, County may cause the repair to be made and charge the amount of the repair costs to the Person. After three failures to make repair on any warranted trenches countywide within any twenty-four (24) month period, the Director may, at Director’s discretion, terminate the Pavement Life Performance Warranty Agreement with the Person and thereafter require the Person to pay the Trench Cut Cost Recovery Fee pursuant to Section 9.80.040.

(d) Written notice of the decision of the Director to terminate a Pavement Life Performance Warranty Agreement shall be mailed to the Person who entered the Agreement, and the termination shall take effect upon mailing. The Person may, within sixty (60) days after mailing of the written notice of termination, request the Director to reconsider the decision to terminate the Agreement and to renew the Agreement by submitting a written statement, executed by the Person or

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by a duly authorized agent for the Person, stating the reasons that the Agreement should not be terminated, and reaffirming the Person’s agreement to be bound by the terms of the Pavement Life Performance Warranty Agreement as amended if the Agreement is renewed. The Director shall consider the materials which are timely submitted by the Person, and such other information and material as the Director may in his discretion permit, and shall respond in writing within thirty (30) calendar days after receipt of the timely request by: (1) granting the request to renew the Agreement, (2) denying the request to renew the Agreement, or (3) requesting such additional information or documentation as the Director find relevant to evaluation of the request.

(e) Pavement life warranty agreements are not transferable or assignable.

9.80.070 PROTEST OF TRENCH CUT COST RECOVERY FEE--CLAIMS FOR REFUND--APPEALS

(a) Any person required to pay a Trench Cut Cost Recovery Fee pursuant to Section 9.80.040 and not granted a variance pursuant to Section 9.80.050 of this chapter who desires to protest or otherwise challenge the imposition or amount of the fee shall tender to the County payment in full of the fee when due, accompanied by a written notice containing the following information:

1. A statement that the required payment is tendered under protest; and

2. A description of the factual and legal basis for the protest. If the person contends that the fee is inconsistent with the provisions of a contract, the written notice shall include a complete, executed copy of the contract along with a description of the claimed inconsistency,

(b) Any person required to pay a Trench Cut Cost Recovery Fee pursuant to Section 9.80.040 of this chapter, and who has complied with the fee protest provisions of Subsection (a) of this Section, may submit a claim for refund of the fee in the manner set forth in California Government Code Section 910 et seq. and within the time limits set forth in Government Code Section 91 1.2. In evaluating the claim, the Board shall consider whether the claimant has established: (i) the claimant’s excavation will not degrade and shorten the life of the surface of the street(s), (ii) that the degradation of the street(s) will not increase the frequency and cost to the public of necessary resurfacing, maintenance and repair of the street(s); (iii) that the imposition or amount of the Trench Cut Cost Recovery Fee is inconsistent with a contract to which the claimant is a party; or (iv) that the imposition or amount of the Trench Cut Cost Recovery Fee required of the claimant is unlawful for another reason. If the Board finds that future imposition of the Trench Cut Cost Recovery Fee against the claimant would also be inconsistent with a contract to whch the claimant is a party or would be unlawful for another reason, the claimant shall thereafter be exempt from the Trench Cut Cost Recovery Fee, unless the Board later finds on the basis of changed circumstances that the exemption should be revoked.

(c) The validity or amount of a Trench Cut Cost Recovery Fee shall not be contested in any action or proceeding unless the action or proceeding is commenced within ninety

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(90) days after a claim is filed and denied pursuant to Subsection (b) of this section.

9.80.080 UTILITY MASTER PLANS.

(a) Any utility owning, operating or installing in a Public right of way facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the Director a utility master plan, in a format specified by the Director, that shows the location of the utility’s existing facilities in Public rights of way, and shows all of the utility’s planned major utility work in Public rights of way for the next year. Utilities shall submit an initial utility master plan no later than one hundred eighty (1 80) days after the effective date of the ordinance adopting this section. Thereafter, each utility shall submit annually, on the first regular business day of August, a revised and updated utility master plan. A utility may extend its deadline to submit its utility master plan by a period not to exceed fifieen (1 5 ) days by submitting written notice to the Director of the delay and identifying the reasons for the delay. As used in this subsection, the term “planned major utility works” refers to any and all future excavations planned by the utility when the utility master plan or update is submitted that will affect any Public right of way for more than fifteen (1 5) days, provided that the utility shall not be required to show future excavations planned to occur more than a year after the date that the utility master plan or update is submitted.

(b) The Director shall make all utility master plans submitted in accordance with subsection (a) of this section, available for public inspection.

(c) Prior to applying for an excavation permit, any person planning to excavate in the Public rights of way shall review the utility master plans and the County’s repaving plan on file with the Director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the use of Public rights of way.

9.80.085 MORATORIUM

(a) Excavation in newly renovated Public right of ways is prolxbited for three (3) years after filing of a notice of completion or acceptance of a new street or structural overlay of an entire street except as follows:

(1) Emergency which endangers life or property;

(2) Repair or modification to prevent interruption of essential utility services;

(3) Relocation work that is mandated by County, State or Federal legislation or that is required by a County Redevelopment Agency

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project;

(4) Service for buildings or parcels where no other reasonable means of providing service exists, as determined by the Director;

( 5 ) In a Public right of way that the County has scheduled for overlay or reconstruction within two years after the date of excavation due to failure of the original pavement;

(6) For potholing to verify utility depth or location;

(7) Tkxddess excavations greater than three feet in depth of cover over the utility facility not requiring a significant surface incision greater than industry bore pit standards may be allowed at the discretion of the Director;

(8) Restoration work required pursuant to Section 9.80.095;

(9) Excavations which are essential components of a regional project which will provide a substantial public benefit, such as extensions of water lines to enable delivery of new supplemental water supplies; or

(10) Other situations deemed by the Director to be in the best interest of the general public.

(b) Where a permit is issued to excavate during the three (3) year period after filing of a notice of completion or acceptance of a new street or structural overlay of an entire street, payment of the Trench Cut Cost Recovery Fee will be required regardless of whether the Person has executed a pavement life performance warranty unless: (1) an emergency need to excavate arises from a natural disaster such as an earthquake; or (2) the excavation is necessary to accomplish relocation work that is mandated by County, State or Federal legislation or that is required by a County Redevelopment Agency project; or (3) the utility or public agency provided timely notice of intention to excavate as provided in Section 9.80.090(e).

(c) The moratorium on excavations to a newly renovated Public right of way shall not apply i f (1) the only renovation undertaken to the right of way is a seal coat; or (2) the County Pavement Management Plan does not identify the renovation at least three (3) months prior to initiation of the renovation work.

(d) The Moratorium in subsection (a) shall not apply if the structural overlay was completed prior to the effective date of this Ordinance.

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9.80.090 COORDINATION WITH COUNTY

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(a) Prior to applying for an excavation permit in the Public rights of way, the County shall review on behalf of the Applicant the County’s anticipated repaving plans and the utilitymaster plans on file with the Director. The Applicant shall coordinate, to the 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 rights of way. Such coordination shall include:

(1) Whenever two or more parties (Le., the County or any Applicant) have proposed a major excavation in the same block, they shall meet and confer with the Countyregarding whether it is feasible to conduct a joint operation excavation. If the parties select a single contractor to do the joint work then the Director may direct that only a single Trench Cut Cost Recovery Fee shall be charged, except that no fee shall be charged if any of the Persons conducting a joint operation excavation possesses a valid performance warranty agreement with the County as set forth in Section 9.80.065.

(b) To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to install spare conduits.

(c) In order to encourage coordination of excavation and pavement scheduling and planning between the County and excavators, the County shall update at least annually its anticipated repaving plans. .The anticipated repaving plans shall also identify the Public rights of way which are then subject to the Moratorium provisions of Section 9.80.085, and the Moratorium expiration date for each such right of way. A copy of the anticipated repaving plans shall be available for review at the Department of Public Works by any interested Person.

(d) The Director shall conduct a working group meeting at least once each year at which utilities and public agencies and other interested parties may meet to coordinate excavation and repaving schedules. The Director shall maintain a list of those requesting notice of the working group meeting, and, at least thirty (30) days prior to the meeting date, shall mail notice of the time and location of the meeting to each Person who has requested notice. If the initial working group meeting is not completed on the designated meeting date, the meeting may continue on a subsequent date as the Director announces at the end of the first meeting.

(e) Each year, the Director shall notify the utilities of the roads selected for overlay (the ‘‘Annual Overlay List’’). Any utility or public agency may mail written notice to the Director of their intention to excavate in a Public right of way that has been identified in the Annual Overlay List by identifying the location and dimensions of the planned excavation and the estimated commencement and completion dates of the work. The date of completion of the planned excavation shall be no later than 3 years after the date of notice of the Annual Overlay List The notice of intention to excavate shall be mailed not more than sixty days after mailing of the Annual Overlay

SANTA CRUZ TRENCH CUT ORDINANCE AS ADOPTED.DOC Draft: May 8,2003 (9:15AM) Page 10 of 12

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0596

List. After receipt of a timely notice, the County may delay any anticipated repaving of the affected Public right of way to a date after the planned excavation. If the County proceeds with repaving prior to the planned excavation, no Trench Cut Cost Recovery Fee shall be charged to the utility or public agency for the planned excavation that is substantially consistent with excavation described in the notice of intention to excavate. Nothing in this section affects the obligations of utilities or public agencies under a written pavement life performance warranty, nor does this section permit excavations otherwise prohibited by Section 9.80.085 [Moratorium].

9.80.095 REPAIR OF SUNKEN PAVEMENT 0 F Z R EXCAVATION.

(a) If the subsurface materials or pavement over or within the Trench Influence Area becomes depressed or broken at any time, the Person shall, within fourteen (14) days of mailing of written notice from the Director, immediately inspect the depressed or broken area to ascertain the cause of the failure. The Person shall make repairs to the installation or backfill and have the pavement restored in the manner and within the time period specified by the Director, but not to exceed thirty (30) days. In the event the Director determines the pavement condition creates a road hazard, the Director may require the repair to be completed within 48 hours. A Trench Cut Cost Recovery Fee shall not be charged for work performed under this Section.

(b) If the pavement is not restored as specified by the Director, unless delayed by conditions beyond the Person’s control, the Director may cause the work to be done after giving the Person twenty-four hours final notice. The Person shall thereafter, upon written demand by Director, pay the County an amount calculated by multiplying the number of square feet of pavement restored by the Square Foot Trench Repair Reimbursement Fee set forth in the then-most current Public Works Service and Capital Improvement Fees schedule. The Person shall remain responsible for any future repairs of that portion of pavement over the excavation that was repaired by the County.

9.80.100 CREATION OF TRENCH CUT COST RECOVERY FEE FUND.

There is hereby created and established the “Trench Cut Cost Recovery Fee Fund.” The Fund is a restricted fund, and all funds deposited into the Trench Cut Cost Recovery Fee Fund shall be used solely for the purposes identified in Section 9.80.120.

9.80.110 DEPOSIT OF MONEYS.

All funds received pursuant to the provisions of Section 9.80.040 of this Code shall be placed in the Trench Cut Cost Recovery Fee Fund.

SANTA CRUZ TRENCH CUT ORDINANCE AS ADOPTED.DOC Draft: May 8, 2003 (9:15AM) Page 11 of 12

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9.80.120 EXPENDITURE OF FUNDS. Funds maintained in the Trench Cut Cost Recovery Fee Fund shall only be expended

for the maintenance, rehabilitation, resurfacing administration and protection of the Public right of way that have been excavated after the effective date of this ordinance, and for refunds of fees approved by the Board pursuant to Section 9.80.070 of this Code.

SECTION 111.

SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors of the County of Santa Cruz hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION IV

This Ordinance shall take effect on the 3 1’‘ day after the date of final passage.

PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this 6 th day of May ,2003, by the following vote:

AYES: SUPERVISORS Beatz, Almquist, Wormhoudt, Campos and Pirie

NOES: SUPERVISORS None

SANTA CRUZ TRENCH CUT ORDINANCE AS ADOPTED.DOC Page 12 of 12 Draft: May 8, 2003 (9:15AM)

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DEPTH OF STRUCTURAL BACKFILL VARIES MIN. 95% R.C.

LESS THAN 1.5m (5’) OF COVER*

FOR CONCRETE CAP AND ENCASEMENT REQUIREMENTS

FOR MAIN. REFER TO FIG. SS-1 1 MORE OF COVER*

*COVER = TOP OF PIPE TO FINISHED GRADE

0 Cut A.C. as shown to produce a straight face against which to butt trench pavement.

PAVED ROADS - Minimum 75mm (3”) Type B A.C. over 240mm (9”) class 2 A.B. 95% R.C.

0 or replace in k ind i f more than minimum. NON-PAVED ROADS - Single seal coat over 150mm ( 6 ” ) class 2 A.B. in trench area, then single seal coat entire road section.

Locating Wire: # l o insulated copper wire shall be tied to al l sewer lines and run up into

manhole cover f r a m e and make an easily accessible loop within manhole. @ all connecting structures f o r locating access. For manholes, place wire under

Select drainrock and approved fi l ter fabr ic is required as ”extra work” where soil o r ground water condit ions are encountered during construction o r where it has been specified on the project plans.

or more of cover.

NOTES:

1 . All publ ic ly- mainta ined sewers o r pr ivate l ines shal l be la id with approved controls. Fol lowing c lean ing a n d testing, publ ic sewers (o r pr ivate sewers a t the d iscret ion o f t h e Public Works Inspector) sha l l be T.V.’d with 3/4” V.H.S. co lor tape a f t e r s lur ry encasement in the p ipe zone p r io r t o f i na l s lu r ry and acceptance by District.

1 .5m (5’) o f backf i l l .

(5’) o f backf i l l .

backf i l l .

const ructed as a p a r t of r o a d improvement projects o r div is ions of land be low the the new st ructura l sect ion m a y use s t ructura l back f i l l compacted to 95%. LONGITUDINAL TRENCH BACKFILL

2. In non- paved, non- County main ta ined sewer r ight- of- way area, minimum 90% R.C. f o r top

3. In paved, County o r non- County ma in ta ined right- of- way, minimum 95% R.C. f o r t o p 1.5m

4. In non- paved, County ma in ta ined r ight- of- way area, minimum 95% R.C. f o r t o p 1.5m (5’) of

5. New sani ta t ion improvements (mains, laterals, c leanouts manho les o r o ther structures)

REV. 4-03 FIG. SS-2A

I I

i..\i . . . . . . . .

. . . .

. . . . .

0599

75mm (3") A.C. TYPE B PAVEMENT

. . . .

I. PAVEMENTSHALL BE REPLACED IN KIND. HOWEVER, MINIMUM STAN.DARDS AREAS FOLLOWS: A. PAVED ROADS - 75mm (3") AC. TYPE B OVER 225mm (9") PRIME COATED A.B. CLASS 2. B. NON-PAVED ROADS - SINGLE SEAL COAT OVER 150mm (6") A.B. CLASS 2 IN TRENCH AREA,

THEN SINGLE SEAL COAT ENTIRE ROAD SECTION. 2. CUT EXISTING PAVEMENT TO PRODUCE A STRAIGHT VERTICAL FACE AGAINST WHICH TO

B U T THE TRENCH PAVEMENT.

3. LONGITUDINALTRENCHES WITHIN A PAVED AREA OR A ROAD RIGHT-OF-WAY SHALL BE BACKFILLED AS SHOWN ABOVE.

4. TRENCHES OUTSIDE A PAVED AREA OR A ROAD RIGHT-OF-WAY SHALL HAVE BACKFILL COMPACTED TO NOT LESS THAN 90% RELATIVE COMPACTION.

5. AN INSPECTOR, QUALIFIED BY THE DIRECTOR OF PUBLIC WORKS, SHALL BE ON SITE DURING ALL COMPACTION WORK TO OBSERVE UNIFORM COMPACTION METHODS AND MATERIALS.

6. IF THE EDGE OFTHE ASPHALT TRENCH CAP IS WITHIN 600rnm (2 FEET) OF THE EXISTING EDGE OF PAVEMENT, THE SHOULDER PAVEMENT SHALL BE REMOVED AND PAVED ALONG WITH THE TRENCH PAVING.

LONGITUDINAL TRENCH DETAIL REV 2/03 D E ~ A ~ I - W A ~ T - OF Pmuc- WopKs FIG El'- I

0600 TRENCH CUT FEE SCHEDULE

TRENCHES MORE THAN 4 FEET DEEP

CATEGORY

Major Streets or All Streets within 5 years of construction or structural overlay.

All Other

PC1 RANGE TRENCH CUT FEE

100 70 and $5.91 per S.F. Longitudinal $1 1.82 per S.F. Transverse

69 26 and $3.34 per S.F. Longitudinal $6.68 per S.F. Transverse

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25 NO FEE 0 and

I I I

100 and 70 $3.66 per S.F. Longitudinal $7.32 per S.F. Transverse

69 and 26 $1.80 per S.F. Longitudinal $3.60 per S.F. Transverse

25 and 0 NO FEE

1. Major = Thoroughfare and arterial roads as defined by the County Improvement Standards.

2. PC1 = Pavement Condition Index.

3. Fees do not apply to area outside of the vertical projection of the trench in a "T" cut restoration.

4. Longitudinal = Trench mostly parallel to the centerline of the road.

5. Transverse = Trench mostly ;erpendicular to the centerline of the road.

Exhibit A

060 1

CATEGORY

TRENCH CUT FEE SCHEDULE TRENCHES LESS THAN 4 FEET DEEP

Major Streets or All Streets within 5 years of construction or structural

PC1 RANGE TRENCH CUT FEE

I 100 70 and $3.90 per S.F. Longitudinal

$7.80 per S.F. Transverse

I I I 1

69 $4.40 per S.F. Transverse $7.20 per S.F. Longitudinal 26 and

100 70 and $2.41 per S.F. Longitudinal $4.82 per S.F. Transverse

All Other $2.36 per .S.F. Transverse $1 . I8 per S.F. Longitudinal 26 and 69

25 NO FEE 0 and

1. Major = Thoroughfare and arterial roads as defined by the County Improvement Standards.

2. PC1 = Pavement Condition Index.

3. Fees do not apply to area outside of the vertical projection of the trench in a "T" cut restoration.

4. Longitudinal = Trench mostly parallel to the centerline of the road.

5. Transverse = Trench mostly perpendicular to the centerline of the road.

Exhibit A

COUNTY OF SANTA CRUZ 0602

AGREEMENT FOR Pavement Life Performance Warranty

THIS AGREEMENT is made and entered into this day of , 20-, by and between the COUNTY OF SANTA CRUZ, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and , a public agency, public utility or district formed under the laws of the State of California, hereinafter referred to as "UTILITY".

R E C I T A L S

WHEREAS, UTILITY will, fiom time-to-time, be required to make excavations in COUNTY streets as necessary for laying utility lines, maintenance, and for various purposes; and

WEREAS, COUNTY has enacted Ordinance No. adding Chapter 9.80 to Division II Roads of Title 9 to the Santa Cruz County Code, finding that any entity, including County owned utilities, making and benefiting fiom an excavation in County streets be required to pay the COUNTY a Trench Cut Cost Recovery Fee; and

WHEREAS, in-lieu of paying a Trench Cut Cost Recovery Fee the entity making an excavation in a COUNTY street may enter into an Agreement with COUNTY that provides a Pavement Life Performance Warranty for the trench influence area of all trenches that entity made or thereafter makes, and which provides that the UTILITY shall repair and restore the Public right of way in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken, or otherwise fails at any time after the excavation has been completed, unless the UTILITY demonstrates that the pavement damage is unrelated to the excavation;

WHEREAS, the entities signatory to the Pavement Life Performance Warranty, upon written notice of deteriorated pavement within the trench influence area, shall make repairs to the trench influence area affected in a timely fashion, in a nlanner meeting industry standards, and to the reasonable satisfaction of the County; and

WHEREAS, in accordance with Chapter 9.80 of the Santa Cruz County Code, trench cut cost recovery fees shall still apply to those companies participating in the Pavement Life Performance Warranty option when they trench into a new or newly resurfaced street within a three-year period from the construction or resurfacing to encourage advance planning; and

WHEREAS, the assessment of pavement damage fees for those entities that are signatory to the Pavement Life Performance Warranty shall be at the reasonable discretion of the Santa Cruz County Public Works Director based upon industry standards and the Public Works' pavement management system's assessment of the accelerated pavement deterioration for the trench influence area; and

73

0603

WHEREAS, UTILITY is willing to provide a Pavement Life Performance Warranty for the quality of its trench restoration work in repairing and replacing the street within the trench influence area as near as may be to its former state or so as not to have impaired its usefulness after said trench excavation; and

WHEREAS, COUNTY is willing to accept such warranty from UTILITY in-lieu of trench cut cost recovery fees, as provided in, and subject to the limitations set forth in, Chapter 9.80 of the Santa Cruz County Code

NOW, THEREFORE, incorporating the foregoing recitals herein, COUNTY and UTILITY mutually agree as follows:

1.

2.

3.

4.

5 .

WARRANTY. In the event that subsurface material or pavement over or within the Trench Influence Area becomes depressed, broken, or otherwise fails at any time after an excavation (or joint operation excavation) has been completed by the UTILITY, or its agents, UTILITY hereby guarantees to repair, replace and restore that portion of the street pursuant to the procedure set forth in Santa Cruz County Code Section 9.80.095, for the life of the street. UTILITY is not obligated to repair subsurface or pavement damage if the UTILITY demonstrates to the satisfaction of the County Public Works Director that the pavement damage is unrelated to the excavation. Where trench excavations occur within the pavement influence area, COUNTY shall apportion the repair to the parties. Excavations and joint operation excavations made by UTILITY, whether prior or subsequent to the date of this Agreement, shall be subject to this warranty. Should UTILITY fail to repair, replace or restore the street at any time during the useful life of the street, after notice and demand by COUNTY, COUNTY may cause the repair to be made and charge the amount of the repair to the UTILITY and after three (3) failures to make repair on any warranted trenches countywide upon demand and notice within a twenty-four (24) month period, COUNTY may at its discretion terminate the Pavement Life Performance Warranty Agreement with UTILITY and enforce trench cut cost recovery fees.

ACCEPTANCE OF WORK OR SERVICES. The acceptance of work or services or payment for work or services by the COUNTY shall not constitute a waiver of any provisions of this Agreement.

ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties.

EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

FORUM. UTILITY shall observe and comply with all applicable federal, state, and County statutes, ordinances, regulations, directives, and laws. This Agreement shall be deemed to be executed within the State of California and construed with and governed by the laws o f the State of California. Any action arising out of this Agreement shall be filed in any appropriate Santa Cruz County Court having jurisdiction or, if appropriate, in the United States District Court for the Northern District of California.

1 3

6.

7 .

8.

9.

0604

MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in writing approved by the County Counsel and signed by all the parties.

NEGATION OF PARTNERSHIP. COUNTY shall not become or be deemed a partner or joint venture with UTILITY or associate in any such relationship with UTILITY by reason of the provisions of this Agreement. UTILITY shall not for any purpose be considered an agent, officer or employee of COUNTY.

NON-INTEREST. No officer or employee of the COUNTY shall hold any interest in this Agreement (California Code section 1090).

WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party’s right’to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.

10. TERMmTATION. T h s Agreement may be terminated by any party upon ten (1 0) days written notice, served by mail or personal service, to all other parties in which case trench cut cost recovery fee will begin to be assessed on new trenches, but the obligation to repair trenches constructed prior to termination shall survive termination.

11. CONSISTENCY WITH APPLICABLE LAW. The terms of this warranty are intended to conform to the obligations of UTILITY under State law with respect to UTILITY’S use of COUNTY streets, and not to impose additional conditions or obligations not authorized by State law. In the event of a future dispute between COUNTY and UTILITY concerning UTILITY’S obligations hereunder or with respect to UTILITY’S use of COUNTY streets, nothing herein shall be deemed to consitute a waiver by UTILITY of any objection or challenge to any term or condition imposed by COUNTY on the basis that such term or condition is not authorized under State law or that regulation by the COUNTY is preempted by State law under Article XI Section 7 of the California Constitution. Nothing herein shall constitute a waiver by COUNTY of any defense in connection with such a a challenge by UTILITY.

12. DEFINITIONS. The definitions set forth in Santa Cruz County Code Section 9.80.020 are incorporated herein by this reference.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

1 3

0605

COUNTY OF SANTA CRUZ, a political subdivision of the State of California

Chairman of the Board of Supervisors of the County of Santa Cruz ("COUNTY'')

, a public utility or district under the laws of the State of California

Title D i s t r i c t Engineer Davenpor$,B)-ff&S+nitation D i s t r i c t

ATTEST:

Approved as to form: n I