AgdaPkt 2013-01-14 - Laserfiche WebLink

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6.4.A. - Page 1 RE PO RT To the Honorable Mayor and City Council From the Cit Mana er January 14, 2013 SUBJECT An Ordinance Amending Chapter 29 Regulating Encroachment Permits and Use of the City's Right-of-Way RECOMMENDATION Waive First Reading and Introduce An Ordinance Amending Chapter 29 relating to Encroachment Permits and Use of the City's Right-of-Way. BACKGROUND Chapter 29 pertains to streets, sidewalks, and driveways and governs such things as sidewalk repairs, construction standards applicable to sidewalks and driveways, excavations in the public right of way (PROW), and street improvements. Staff determined that Chapter 29 needed an update in part to conform to current practices and in part to comply with the state's Digital Infrastructure and Video Competition Act (DIVCA, Cal. Public Utilities Code § 5800, et seq.) which requires that cable companies be treated like telephone companies with respect to encroachment permits. The proposed ordinance has been reviewed by the Council Utilities Committee and it recommends approval. City staff has conducted outreach by inviting utilities and contractors who work in the public right of way to attend an information meeting to ask questions and provide comments. Meetings were also held individually with utilities that requested such meetings. The comments and suggestions received were taken into consideration in completing the proposed ordinance. ANALYSIS The proposed ordinance reorganizes Chapter 29, clarifies the Engineering standards, and makes substantive changes as detailed below. The proposed ordinance reorganizes Chapter 29 by: (1) combining the articles (old I and II) relating to repair and construction of sidewalks and driveways, and moving them to the end of the Chapter; (2) deleting the outdated provisions of articles III and IV relating to benches on sidewalks and house numbers; (3) moving article VI relating to trees to Chapter 35 (the chapter on preservation of trees); and (4) combining, updating and moving to the beginning of the Chapter, articles IV and VII relating to construction and use of the City's streets and right-of-way and repair of city streets when damaged.