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HomeMy WebLinkAbout1988-02-02; City Council; 9282; ROW permit code revision & emergency trafficb N I co co a E: (d \I) c\1 I co UY 0 z v) 2 a a u a 0 a (d a E: (d v) I v3 z .) a b 0 a a c) 1 a 0 u u E: -4 4 .rl 3 0 V 03 03 I N I N 2 CI'V OF CARLSBAD - AGENr-.. BILL 173 @a , .- I DEPT. "ISION OF €UGW-OF-WAY PERMIT OXE ANDAppwrvALOF~FCW~ VISION OF EMEEGENCY TRAFEIC C?XI!WL DEPT.a- ~~ RECOMMENDED ACTION: NO. .fl,'5--< revising the Right-of-way permit code and nmv- &J TRODLCC E -2L and T8-27 establishing Right-of-way permit oskaet- ~1utionNumJSers 88 fees and approving an agnement with Allied Barricades for the provision of enrervency traffic amtrol services to the City, 'Ihe atta- revised Right-of-way cbde oonsolidates portions of the Municipal cbde placing all right-of-way oontrol provision in one chapter tion and clarifying the authority of the City Engineer in the admnn&m of cmstmction activities occurring on public lands. All existing code Sections are superceded and deleted by the proposed ordinam=e . Existing codes are contained in Chapters 11.04 and 11.16. The pertinent Sections have been attached for your information. .I Key aspects of the wised ordinam=e are as follm: City mineer is given authority to amend and revoke pennits to me public safety and convenience [Section 11.16.030(5)]. Establishes a $500.00 penalty to reinstate. &ts revoked due to code violations (Section 11.16,lOO d.). Allows City Engineer to deny pennits to amtractors irdebted tothe City or who have otherwise -ted repeated We violations (Section 11.16.100). Ezequires the posting of -its to ensure perfom of permit conditions (Section 11.16.130) . Establishes a procedure to recam costs expended in the renmval of illegal obstructions in the public right-of-way (Section 11.14.140). Establishes requirpments for traffic control plans where public access and mnvenience are affeAed (Section 11.16.080 c.). Establishes enforcement authority and the procedures and mquhxmh for exercise of the authority (Section 11.16.210). All actions may be appedled to the City Council as described in Section 11.16.110, Appeal procedure. ?hedraftchdimxe is designed to strengthen the tools available to the City Engheer and his inspectors to better ensure quality construction and the nraintenance of public safety and convenience. -1icants for rightwf-way permits requiring traffic control plans will be required to deposit cash security for the purpose of guaranteeing the continuow mainteMnce of the traffic control apesation. The agreanent with Allied Barricade (Exhibit 4) enables authorized City personnel to obtain traffic control devices for use in situations where unsafe conditions exist due to nonconformance to the mruved traffic control plan. Allied Barricades was chosen as the recammended contractor fol- luwing the review of three responses to a -est for praposals for emxymcy traffic wntrol services. No hmdm ' te fiscal impact will result fram the ordinance revision as current fees will mmah in effect. A fee study will be performed to determine an mropriate fee schedule to reflect the cost of permit administration and inspection. The cost of the City involving Allied Barricades will be deducted fram the amropriate cash security deposit. W pennittee shall prunptly restore the balance of the deposit to its original amount. Failure to do so will constitute reason for revocation of the right-of-way permit, remval of the applicants equi- and material fram the public right-of-way and forfeitue of all deposits necessary to effect such remmal and to restore the work area to City standards. 1. ordinam=e NO. HJ-5 revising Rigfit-of-way pennit we. 2. Resolution NO. Bf-AL establishing fees. 3. Resolution No. 881-27 authorizing the Mayor to execute an agnemmt with Allied Barricade for the provision of emergency traffic control services. 4. &geemmt with Allied Barricade for prcnrision of emergency traffic control services. 5. auTent Municipal Ccde Sections 11.04 and 11.16. 1 .. .L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 ORDINANCE NO. NS-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTERS 11.04 AND 11.16 OF THE CARLSBAD MUNICIPAL CODE BY THE DELETION OF SECTIONS 11.04.050 THROUGH 11.04.120 AND BY THE REVISION OF CHAPTER 11.16 TO ESTABLISH REGULATIONS FOR WORK IN PUBLIC RIGHTS-OF-WAY. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1. That Title 11, Chapter 11.16 of the Carlsbad Municipal Code is amended to read as follows: ChaDter 11.16 WORK IN PUBLIC RIGHTS-OF-WAY Sect i ons : 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 ..16.010 Title . .16.020 Definitions 1.16.030 City Engineer's Authority and Responsibilities ..16.040 Permits - Required 1.16.050 Permits - Application ..16.060 Permits - Requirements of Plans ..16.070 Permits - Commencement and Completion of Work ..16.080 Permits - Performance of Work ..16.090 Permits - Acceptance of Work ..16.100 Permits - Denial and Revocation I. 16.110 Appeal Procedure . .16.120 Permit Fees . .16.130 Performance Deposits ..16.140 Placement of Material or Obstruction on Street I. 16.150 Above Ground Encroachments . .16.160 Exceptions L. 16.170 Re1 ocati on of Structures - Removal of Encroachment ..16.180 Holding City Harmless ..16.190 Exemptions . .16.200 Vi ol at i on . .16.210 Enforcement Authority 11.16.010 Title. This chapter may be cited as the "Right-of-Way Permit Code". 11.16.020 Definitions. The following words shall have the following mean i ngs : his designated representative. /// (1) "City Engineer" means the City Engineer of the City of Carlsbad or 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) "Encroachment" includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand, or building, or any structure or object of any kind or character not particularly mentioned in this subsection, which is placed in, under or over any portion of a public place. (3) "Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material structure or object of any kind of character, whether enumerated in this subsection or not which is constructed, left, placed or maintained in, upon, along, across, under or over any publ ic place. (4) "Plans" means the document developed and approved by the City Engineer describing the nature and extent of works proposed to be constructed or carried out on a public place. (5) "Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar publ ic property owned or controlled by the City and dedicated to public use. (6) "Specification" means "The Standard Specifications For Publ ic Works Construction I' (current edition including supplements) written and promulgated by Southern California Chapter American Publ ic Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Inc., or such other speci f i cat i ons noted on approved pl ans . (7) "Standard drawings" means the "Standard Drawings" of the City of Carlsbad, adopted and revised by the City Engineer and the most recently adopted San Diego Area Regional Standard Drawings. 11.16.030 City Enuineer's Authoritv and ResDonsibilities. This chapter shall be administered by the City Engineer who shall have the responsibility and authority to: (1) Establish the form and procedures for application for right-of-way permits required pursuant to this chapter including the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits. (2) Interpret the provisions of this chapter and advise the public regarding requirements for plans, specifications and special provisions for facilities or encroachments subject to the provisions of this chapter. (3) Establish format and content of plans and standards governing work on facilities or encroachments pursuant to the provisions of this chapter. (4) Issue permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare. (5) Amend any permit issued when determined that such amendment is necessary to provide for the safe and efficient movement of traffic or to protect publ ic places, persons or property. 11.16.040 Permits - Reauired. No person shall do any of the following acts without first obtaining a valid right-of-way permit: (1) Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across, or through any public place for any purpose whatsoever; (2) Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with integral gutter, drive approach, alley approach, spandrel and cross gutter, wheel chair ramp, A.C. dike, or any other work of any nature covered by City Standard Drawings or City policy; or place, change, renew an encroachment in, over, along, or across or through any street, right- of-way or public place excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under franchise 6.) 2 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for public utility purposes where such poles, guys and anchors do not interfere with or lie within ten feet of existing improvements; (3) Place any banner over, across, on, or along any public place; (4) Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub or flower growing within any public place excepting necessary pruning or trimming to protect persons or property; (5) Construct or modify or cause to be constructed or modified, any storm drain or conveyor of drainage waters and appurtenant items within a public pl ace ; (6) Modify, alter or deface any block wall on or adjacent to public pl aces. (7) Engage in any traffic control operation in such a fashion as to affect any pub1 ic place while constructing, demolishing or maintaining any faci 1 i ty. (8) Enter onto or exit from any public place at any location not approved and constructed as a driveway. (9) Significantly increase the amount of traffic or change the type of traffic using an approved driveway in such a fashion as the City Engineer may determine to represent a nuisance or hazard to the public. 11.16.050 Permits - Amlication. Any person proposing to do any of the acts described in Section 11.16.040 shall make application for a right-of-way permit to the City Engineer. The following information shall be included on the application: (1) The location, nature and extent of work to be performed; (2) The proposed date when said work shall be commenced; (3) The proposed date when work shall be completed; (4) Such other information as may be required by the City Engineer. Upon permit issuance the application shall become part of the permit. 11.16.060 Permits - Reauirements of Plans. If, in the opinion of the City Engineer, the work proposed to be done requires the making of plans or the setting of stakes, or both, the City Engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer licensed by the State of California, Department of Consumer Af f ai rs . 11.16.070 Permits - Commencement and ComDletion of Work. Every permittee shall commence work as stipulated in the permit application and diligently pursue the work to completion without interruption within the time period required by the permit. Permits issued hereunder shall be valid for the period of time specified in the permits, unless the City Engineer grants a time extension. 11.16.080 Permits - Reauirements for Performance of Work. (a) The permittee shall perform the work in a timely manner; in accordance with applicable plans, specifications, and City Standards; and to the satisfaction of the City Engineer. (b) No person shall cause any public improvement or appurtenant work to be performed upon any public place within the City by any person other than a licensed contractor or a public utility. (c) Any works conducted requiring the temporary partial or full closure of the traveled or pedestrian right-of-way shall not be commenced until the permittee has obtained a permit therefore pursuant to Title 8 or Title 10 of this Code and been issued a traffic control permit stipulating the date, time and provisions under which closure may be carried out. (d) As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such work shall be accomplished at 3 I 1 E 4 E c E € S LC 11 12 12 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 the expense of the permittee. From time to time, as may be ordered by the City Engineer, and in any event immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so, within twenty-four hours after having been notified, the work may be done by the City and the cost thereof charged to the permittee. Whenever it may be necessary for the permittee to excavate through any landscaped area, the area shall be reestablished in a like manner after the excavation has been backfilled as required. All construction and maintenance work shall be done in a manner designed to leave the area clean of earth an debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the City Engineer. (e) All work affecting public improvements or public safety shall be inspected by the City Engineer as follows: (1) No person shall prevent or obstruct the City Engineer in making any inspection authorized by this chapter or in taking any sample or in making any test. (2) Twenty-four hour notice to the City Engineer is required for all i nspect i ons . (3) All work not in conformance with approved plans and specifications is subject to rejection by the City Engineer. (4) Request for final inspection shall be made in writing. 11.16.090 Permits - AcceDtance of Work. If the City Engineer, by survey or by inspection or by both, determines that the work has been completed according to the requirements of this chapter and the permit, he shall issue a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit. 11.16.100 Permits - Denial and Revocation. (a) The City Engineer may deny the issuance of a permit to any person who refuses or fails to comply with the provisions of this chapter, who is indebted to the City for past permit violations or who in the judgment of the City Engineer has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety. (b) Any permittee found in violation of the conditions of permit or provisions of this chapter shall be given a written notice to comply stipulating the code violation. Upon receipt of a notice to comply, the permittee shall take action to correct the condition of violation within the period stipulated in the notice. If within that period appropriate measures have not been implemented, the City Engineer may revoke the permit and take any measures required to secure the work site or return the work site to its original condition. The cost of such work may be collected from the permittee. (c) A revoked permit may be reinstated if the permittee demonstrates to the satisfaction of the City Engineer that work will be continued in conformance with the permit and the provisions of this chapter. (d) The City Engineer shall require as a condition of permit reinstatement payment of all charges incurred by the City as a result of permit revocation including a $500.00 penalty for violation of the provisions of this chapter. 11.16.110 ADDeal Procedure. (a) Any person aggrieved by any decision of the City Engineer with respect to the issuance, revocation or refusal to issue a permit may appeal to the Council by filing a notice of appeal with the City Clerk within twenty days after the date on which the City Engineer takes the action appealed from. 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A fee established by Resolution of the City Council shall accompany the appeal. (b) The City Clerk shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the City, postage prepaid, addressed to such persons at their last known address. (c) The Council shall have the authority to determine all questions raised on such appeal. 11.16.120 Encroachment ADD^ ication and Permit Fees. Encroachment applications and permit fees shall be charged by the City for the processing of an encroachment application and the issuance of a "right-of-way permit." The fee shall be established by resolution of the City Council and is for the purpose of defraying the cost of processing an application, issuing the requested permit, inspection of works completed under the permit and other costs of administrating this chapter. 11.16.130 Performance DeDosi ts . (a) As a condition of issuance of a right-of-way permit, the City Engineer may require posting of a cash deposit or an equivalent security in a form acceptable to the City Attorney. The City Engineer may require that up to one hundred percent of any deposit be submitted in the form of a cash deposit. The cash deposit may be used at the discretion of the City Engineer to provide for traffic control, restoration of public facilities or removal from the right-of-way of work, materials or equipment when permittee or the permittee's agent fails to act in a timely manner to provide for the public health, safety or welfare. The deposit shall otherwise be for the purpose of guaranteeing performance of work contemplated under the permit. Each deposit shall be accompanied by a right-of-way cash security agreement stipulating the uses and conditions under which the funds may be expended. (b) The amount of the deposit shall be established by the City Engineer. (c) Upon completion and acceptance of work under permit, any funds unused shall be refunded to the permittee and any other bonds or security instruments shall be released. (d) If, in the opinion of the City Engineer, any deposit or security is not sufficient for the protection of the public interest in the public places, the City Engineer may require an additional deposit, or an increase in the security in such amount as he determines necessary. The permittee shall, upon demand, deposit the additional cash or security. Upon failure or refusal to pay, the City Engineer may revoke the permit and/or recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no other permit shall be issued to such permittee. (e) Where work is to be done by persons or utilities operating under a franchise issued by the City or regulated by the State Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making a deposit. In such cases, the permittee shall be liable for the actual cost of any work to be done by the City in restoring the area covered by the permit to the satisfaction of the City Engineer. 11.16.140 Placement of Materials or Obstruction of Streets. (a) No person shall place or maintain any material or any obstruction or impediment to travel in or upon any public place without a permit to do so. (b) Persons violating provisions of this section shall be issued a notice of removal and given a specified time to remove such material, obstruction or impediment. Any failure to comply with the notice is unlawful and a public nuisance endangering the health, safety and general welfare of the public. In addition to any other remedy provided by law for the abatement of such public 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nuisance, the City Engineer may, after giving notice, cause the work necessarg to accomplish the removal. The costs thereof may be assessed against the owner or owners of the project creating the obstruction. (c) Notice of Removal shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real propertg creating the obstruction at the address shown on the assessment roll. Notice shall also be sent to any person known to the City Engineer to be responsible for the nuisance. The City Engineer shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. Nc assessment shall be held invalid for failure to post or mail or correct11 address any notice. The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within twenty- four hours after receipt of such notice and diligently prosecuted (without interruption) to completion, the City shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the City, will be assessed against the property or against each separate lot and become a lien upon such property. If upon the expiration of the twenty-four hour period provided for in subsection c, the work has not been done, or having commenced, is not being performed with diligence, the City Engineer shall proceed to do such work or cause such work to be done. Upon completion of such work, the City Engineer shall file a written report with the City Council setting forth the fact that the work has been completed and the cost thereof, together with a ‘legal description of the property against which cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protest against the assessment of the cost of such work. The City Engineer or the City Clerk, if so directed by the Council, shall thereafter give notice in ,writing to the owners of the project in the manner provided in subsection (c) of the hour and place that the City Council will pass upon the City Engineer’s report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment. (e) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer’s report and all protests, if there are any, and then proceed to con,firm, modify or reject the assessments. (f) A list of assessments as finally confirmed by the City Council shall be sent to the City Treasurer for collection. If any assessment is not paid within ten days after its confirmation by the City Council, the City Clerk shall cause to be filed in the Office of the County Recorder of the County of San Diego a notice of lien, substantially in the following form: (d) NOTICE OF LIEN Pursuant to Chapter 11.14, Title 11, of the Carlsbad Municipal Code (Ordinance No. ), the City of Carlsbad did on the day of , 19 , cause maintenance and report work to be done in the public right-of-way for the purpose of abating a public nuisance caused by activities related to construction at the property described below. The Council of the City of Carlsbad did on the - day of , 19 , by its Resolution No: assess the cost or portion of the cost thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carlsbad does hereby claim a lien upon said real property until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this instrument has been paid in full and discharged of record. The real property hereinbefore 6 1 2 7 4 L . t c 1 t E E( 13 1: 1: 14 If 1t l'i 1E 15 2c 21 22 23 24 25 26 27 28 mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly described as follows: (Description of property) Dated this day of 9 19-. City Clerk, City of Carlsbad (h) From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all interest thereon has been paid. The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have priority over all contractual 1 iens and all fixed special assessment 1 iens which may thereafter be created against the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of the contents thereof. 11.16.150 Above Ground Encroachments. Upon application therefor, and when it is determined that it will not be detrimental to the interests of the City, the City Council may grant conditional permission to builders to install and maintain encroachments above ground level in pub1 ic rights-of-way within the City. 11.16.160 Exceotions. Public utility poles, guys transformers and junction boxes, marquees, awnings, and building mounted signs completely supported by a private building, in a commercial zone are excepted from the provisions of Section 11.16.150. The City Engineer may grant conditional permission for the encroachment of marquees, awnings and building mounted signs. All such installations shall be in conformance with the requirements and regulations of the Uniform Building Code, latest edition, and the City Sign Ordinance. 11.16.170 Relocation of Structures - Removal of Encroachment. The City Engineer may require any person who, pursuant to a duly issued permit under this chapter, has performed construction work or placed and maintained any encroachment, to move the same at his own cost and expense to such different location as is specified in a written demand of the City Engineer, whenever such move is necessary to ensure the safety and convenience of the public, may require the application to contain a signed real property lien agreement by the applicant to this effect. The City Engineer shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in the demand and thereafter diligently prosecute the same to completion. 11.16.180 Holdinq City Harmless, Insurance. The applicant for a permit, as a condition to receiving a permit, shall sign a statement that he agrees to indemnify and hold harmless the City, and each officer and employee thereof, from any liability or responsibility for death or injury to persons and loss or damage to property happening or occurring as a result of the design or performance of any work undertaken under any permit granted pursuant to the application. The applicant shall be required to provide proof of liability insurance in the amount of at least $ 1,000,000 and shall name the City as an additional insured under the insurance policy. The insurance shall be provided by a company satisfactory to the City. Any deductible or self- insured retention under the insurance policy shall be in an amount acceptable to the City. 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 11.16.190 ExemDtions. The City and its employees, acting in their official capacity, are exempt from the requirements set forth in this chapter. 11.16.200 Violation. Every person is guilty of a misdemeanor who violates any provision of this chapter, or who fails or neglects to comply with any requirements of this chapter. 11.160.210 Enforcement Authority. Pursuant to the provisions of California Penal Code Section 836.5, the City Engineer or specific employees within the department deputized by him, may arrest a person without a warrant whenever the City Engineer or said authorized employee has reasonable cause to believe that the person arrested has committed a misdemeanor which is a violation of this Title which he or she has the duty to enforce. An officer or employee making an arrest under the authority of this section shall follow the citation-release procedures specified in California Penal Code Section 853.6, or any successor statute hereinafter enacted. No officer or employee shall be authorized to carry a firearm pursuant to this authority. No agent or deputy shall exercise the power to issue citations authorized by this section unless such employee shall first have completed a course of training that meets the minimum standards prescribed by the Commission on Peace Officer Standards and Training as established by California Penal Code Section 832. SECTION 2. That Title 11, Chapter 11.04 of the Carlsbad Municipal Code is amended by the deletion of Sections 11.04.05 through 11.04.120. EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 2nd day of February , 1988, and thereafter, /// /// /// I// /// /// /// /// 8 1 2 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of February , 1988, by the following vote, to wit: 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 4 L: 11 L, NOES: None ABSENT: None 6 7 11 81) ATTEST: 9 II ALETHA a)'.- L. RAUTENKRANZ, A. Q-A-, City Clerk 'l1/ (SEAL) 14 15 9 ,. L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 88-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING FEES FOR RIGHT-OF-WAY PERMITS. BE IT RESOLVED by the City Council of the City of Carlsbad, California, that ursuant to Carlsbad Municipal Code Section 11.16.120, the following are the stab1 ished encroachment application and right-of-way permit fees: 1. $50.00 for a1 1 encroachment appl i cations . 2. $50.00 additional penalty if work covered under the application has egun prior to approval of the application by City Council.. 3. $25.00 for all right-of-way permits. 4. $25.00 additional penalty fee if work covered under the permit has begun rior to issuance of that permit. 5. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ouncil held on the 2nd day of February , 1988, by the following vote, to it: $50.00 fee for processing appeals of City Engineer's decision. AYES:. Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None TTFST: LETAA L. WTMkRAW Citv Clerk &EN R. KUNDTZ, Deputy city Clerk SEAL) .- I 1 2 ?a b 4 5 E 7 € 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ALLIED BARRICADES FOR THE PROVISION OF EMERGENCY TRAFFIC CONTROL S ERV ICES The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Allied Barricades for provision of emergency traffic control services, a copy of which is attached (Exhibit 5) and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of February 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson ATTEST: uty City Clerk (SEAL) AGREE"T FOR PROVISION OF EMERGENCY TRAFFIC CONTROL SERVICES THIS AGREEKIWI!, made and entered into as of the +e day of , 1987, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and ALLIED BARRICADE COMPANY, hereinafter referred to as lqContractor. RECITALS City requires the services of Allied Barricade Company to provide emergency traffic control services and; Contractor possesses the necessary skills and qualifica- tions to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Contractor'S OBLIGATIONS The scope of services provided by the contractor shall consist of the following: A. Provide traffic control services within a two-hour period of time after notification fromauthorizedCitypersonne1 listed in Exhibit A. B. Provide traffic control devices to the City based on rates listed in Exhibit B, C, and D. 1 .. C. Provide assistance in placement of traffic control devices under supervision from City personnel. 2. CITY OBLIGATIONS The City shall make payments to the Contractor based on rates listed in Exhibit B and C in addition to a forty-four dollar per hour labor charge with a one-hour minimum charge for each call out. The City shall provide supervision for placement of traffic control devices and reimburse the Contr- actor for stolen or missing devices at rates listed in Exhibit D. 3. PROGRESS AND COMPLETION The work under this Agreement will begin immediately upon notification from authorized City personnel. 4. FEES TO BE PAID TO CONTRACTOR Fees shall be paid to the Contractor according to infor- mation detailed in Paragraph 2, above, and in Exhibit A and B. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, "Changes in Work.Il 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of invoice for services from contractor. 6. wo If, in the course of this Agreement , changes seem merited by the Contractor or the City, and informal consultations with the other party indicated that a change in the conditions of the Contract is warranted, the Contractor or the City may 2 request a change in Agreement. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared and approved by the City. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Contractor or City shall be ordered by the City Engineer who will inform a principal of the Contractor's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. COVENANTS A GAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover 3 the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. NONDISCRIMINATION CLAUSE The Contractor shall comply with the State and Federal Ordinances regarding nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the work as provided for in this Agreement, the City may terminate this Agreement for nonperformance by notifying the Contractor by certified mail of the,termination of the Agreement. Final payment shall be in compliance with the Code of Federal Regulations. 10. DI SPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreementbetweenparties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement, shall be reduced to writing by the Contractor or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to 4 the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONTRACTOR The Contractor is hired to render emergency traffic control service and any payments made to Contractor are compensation solely for such services. 12. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of termination, the Contractor shall be paid for work performed to the termination date. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONTRA CTOR The Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and 5 personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to this Agreement shall be the full and complete compensation to which the Contractor is entitled pursuant to this Agreement. The City shall not make any federal or state tax withholdings on behalf of the Contractor. The City shall not be required to pay any workers compensation insurance on behalf of the Contractor. The Contractor agrees to identify the City for any tax, retirement contribution, social security, overtime payment, worker compensation payment which the City may be required to make on behalf of Contractor or any employee of Contractor for work done under this Agreement. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including but not limited to verifying the eligibility for employment of all agents, employees, sub- contractors and contractors that are included in this agreement. 14. HOLD HARMLE SS AGREEME NT The City, its agent, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects or any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by or resulting from any 6 act or omission of Contractor or Contractor's agents, employees or representatives. Contractor agrees to defend, identify, and save free and harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities or claims of any kind and any cost and expenses that is incurred by the City on account of any of the foregoing liabilities, unless the liability or claim is due, or arises out of, solely to the City's negligence. 15. iT ASS The Contractor shall not assign the Agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 16. If the Contractor shall subcontract any of the work to be performed under this Agreement by the Contractor, Contractor shall be fully responsible to the City for the acts and omis- sions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Agreement shall create any contractual relationship between any sub- contractor of contractor and the City. The contractor shall bind every subcontractor and every subcontractor of a sub- contractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 7 17. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiation, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contractor or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City to exercise any executive, supervisory, or other similar functions inconnection with the performance of this Agreement shall become directly or indirectly interested personally in this Agreement or any part thereof. 18. VERBAL AGREEMENT OF CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Agreement, shall affect or modify any of the tenus or obligations herein contained nor such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms ofthis Agreement. 19. SUCCESSORS OR AS SIGNS Subject to the provisions of Paragraph 18, ggHold Harmless Agreement," all terms, conditions, and provisions hereof shall 8 , insure to and shall bind each of the parties hereto, and each of their respective heirs , executors, administrators, successors, and assigns. 20. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first above written. 25. CONFLICT OF INTEREST The contractor shall file a conflict of Interest Statement with City Clerk of the City of Carlsbad. The Contractor shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ALLIED BARRICADE COMPANY CITY OF CARLSBAD CLk6DE A. LEWIS, Mayor City Attorney .u 9 EXHIBIT A 1. City E@neer 2. Assistant City Engineer 3. principal civil Engineer 4. Traffic wineer 5. Senior Cmstmction Inspector EXHIBIT B - P.O. Box 247 Santee, CA 92071 142-4401 North County: 488-8688 RENTAL PRICE RATES (January 1984) BARRICADE/LITE DELINEATORS CONES 28" BARRICADES/ONLY NO PARKING BARRICADES AWS X3 SIGNS S/S 12 SIGNS (SIGN STAND) TYPE I11 BLOCKADE TYPE I11 W/SIGN PORTABLE SIGN STAND MESH SIGN W/BRACE 48" .30 per day .20 per day .20 per day .20 per day .20 per day .75 per day .SO per day 1.00 per day 1.50 per day 1.00 per day 1.00 per day (MOVE-IN AND MOVE-OUT CHARGES FOR SAN DIEGO COUNTY ONLY) MINIMUM CHARGE ON ALL JOBS: ..................... 15.00 ALL ABOVE PRICES SUBJECT TO CHANGE - PLEASE CALL OFFICE TO CONFIRM EXHIBIT C - P.O. Box 247 Santee, CA 92071 442-4401 North County: 489-8689 (January 1984) ARROW BOARD RENTAL RATES TRAILER MOUNTED: ROOF MOUNTED OR SKID: MINIMUM RENTAL RATE: 2 DAYS $ 50.00 per day 150.00 per week 500.00 per month $ 40.00 per day 120.00 per week 400.00 per month BEACONS RENTAL RATES $ 30.00 per day 90.00 per week 250.00 per month SIGN LITES (used to illuminate siqns) $ 25.00 per day 75.'00 per week 200.00 per month MINIMUM 2 DAY RENTAL ON ALL ABOVE EQUPMENT ALL ABOVE PRICES SUBJECT TO CHANGE - PLEASE CALL OFFICE TO CONFIRM .. c -. EXHIBIT D MISSING EQUIPMENT PRICES BARRICADE BARRICADE WITH LITE NO PARKING BARRICADE TYPE 111, STEEL TYPE I11 WITH SIGN, STEEL 6 VOLT, SOLAR WITH BATTERY CONES 28" DELINEATORS 42" SIGN STANDS (S/S) #2 PORTABLE SIGN STANDS S/S #2 WITH LITE AWS #3 AWS #3 WITH LITE AWS #3 ON BARRICADE MAY 6, 1987 $ 17.36 34.58 14.64 73.54 127.00 17.24 7.22 10.98 40.48 119.17 57.12 93.62 82.46 65.82 .. Exhibit 5 CURRENT MUNICIPAL CODE SECTIONS Title 11 PUBLIC PROPERTY Chapters : 11.04 11.06 11.08 11.12 11.16 11.14 11.28 Sections : Streets and Sidewalks Excavation and Grading bnderuround Utilitv Districts Trees and Shrubs Work in Public Rights-of-way Aquatic Areas and Devices Public Nudity Chapter 11.04 STREETS AND SIDEWALKS" 11.04.010 11.04.020 11.04.0 30 11.04.0 40 11.04 .O 50 11.04.060 11.04 .O 70 11 .O 4 .O 80 11.04.090 11.04.100 11.04.110 11.04.120 I GENERALLY Sidewalks to be installed contiguous to curb--Exception. Sidewalk width requirements. Street tree wells. Appeal of city engineer's determinations. I1 ENCROACHMENTS Granting of permission for public utilities. Underground encroachments. Aboveground encroachments. Prerequisites to grant of permission. Permission to be written and approved as to form. Installation without permission. Fees. Exceptions. I As to the authority of cities to prohibit and prevent encroachments upon or obstructions of, any sidewalk, street, alley, lane, court, park, or other public place, and to provide for the removal of them, see Gov. Code 538775. For authority to construct, improve and repair streets and sidewalks, see Gov. Code S40401. For authority of cities to require maintenance of all streets within the city, see Streets & Highways Code 51921. 182 (Carlsbad 11/00) r I GENERALLY 11.0 4.0 10 Sidewalks to be installed contiguous to curb--Exception. All sidewalks shall be installed con- tiguous to the curb unless the city engineer, for good cause shown, shall allow-its placement at another loca- tion. (Ord. 8042 51). 11.04.020 Sidewalk width requirements. (a) In R-A, R-1, R-2, R-3L and R-3 zones sidewalks shall be at least five feet in width. (b) In all R-P and R-T zones sidewalks shall be at least eight feet in width. (c) In all C, C-M and M zones sidewalks shall be at least eight feet in width and shall extend from the property line to the curb line. (Ord. 8042 SS4, 5). the city engineer may require the placement of street tree wells in sidewalks of eight feet or greater in width. (Ord. 8042 52). 11.04.030 Street tree wells. For good cause shown, 11.0 4.0 40 Appeal of city engineer's determinations. In the event of a dispute regarding the city engineer's decision regarding the location of the sidewalk or the placing of street tree wells as stated, any person aggrieved thereby may present the matter to the city council which shall hear and finally decide the matter. (Ord. 8042 S3). I1 ENCROACHMENTS 11.04.050 Granting of permission for public utilities. Upon application therefor, and when it is determined that it will not be detrimental to the interests of the city, and that public convenience and necessity require it, the city engineer may grant conditional permission to public utilities to install and maintain encroachments, both above and below ground level, in public rights-of-way within the city. (Ord. 8041 S1). 11.04.060 Underground encroachments. Upon applica- tion therefor, and when it is determined that it will not be detrimental to the interests of the city, the city en- gineer may grant conditional permission to builders other than public utilities to install and maintain encroachments below ground level in public rights-of-way within the city. (Ord. 8041 52). 11.04.070 Aboveground encroachments. Upon application therefor. and when it is determined that it will not be detrimental to the interests of the city, the city council 183 11.04.080--11.04.120 may grant conditional permission to builders other than public utilities to install and maintain encroachments above ground level in public rights-of-way within the city. (Ord. 8041 S3). 11.04.080 Prerequisites to qrant of permission. No- thing~anting of permission to encroach by either the city engineer or the city council unless the appropriate granting authority, in its sole discretion, determines that the granting of such permission will be to the best interests of the city. (Ord. 8041 S4). 11.04.090 Permission to be written and approved as to - form. Any permission granted under this chapter to install and maintain encroachments shall be effective only when evidenced by a document in writing approved as to form by the city attorney. (Ord. 8041 95). 11.04.100 Installation without permission. Any en- croachment on a public right-of-way of any nature whatso- ever, which is installed without appropriate permission as required in this chapter, shall constitute a request for such permission and shall forthwit$ be brought to the attention of the city council. The city council may then decide, in its sole discretion, whether or not to allow the maintenance of such encroachment, and if allowed, upon whatever conditions it may impose. (Ord. 8041 S6). 11.04.110 Fees. Any builder-, other than a public utility, who applies for permission to encroach as provided in this chapter, shall pay a nonrefundable application fee as follows: BEFORE AFTER INSTALLATION INSTALLATION Aboveground ................ $50.00 Belowground ................ $35 .OO (Ord. 8041 S7). $100 .oo $ 70.00 11.04.120 Exceptions. Marquees, awnings, and building mounted signs, completely supported by a private building, in a commercial zone are excepted from the provisions of this chapter. The city engineer may grant conditional permission for the encroachment of marquees, awnings, and building mounted signs. All such installations shall be in conformance with the requirements and regulations of the Uniform Building Code, latest edition, and the city sign ordinance. (Ord. 8060, 1972). 184 (Carlsbad 7/15/72) 11.16.010 zoning certain streets, or portions thereof, for a certain specimen of trees and shrubs, showing the distance apart of trees or shrubs, and the place where each tree or shrub is to be planted; and the city manager or his appointee shall submit this plan to the park and recreation commis- sion for their approval or modification. After the same has been approved by the parks and recreation commission and the city manager, the same shall be submitted to the city council for modification or adoption by that body. Future amendments that may be deemed advisable shall be governed by the proceedings outlined above. fied form is adopted by the city council, it shall become the tree planting plan for the streets of the city and shall be strictly adhered to in all future street planting improvement projects and in the removal or replacement of trees, shrubs or plants in streets in the city. The uni- form plan of tree plantinq may; but need not, be adopted by the city-council at'bne time, but the council may adopt the uniform street tree planting plan for different portions of the city within a'reasonable length of time after the com- pleted plan for any"particu1ar portion of the City has been submitted to the city cou.?cil. If and when the uniform plan in its original or modi- The city manager or his appointee shall have copies of this plan made and the same shall be kept on file in the office of the park and recreation department and may be obtained by the public. (Ord. 1060A Sl5). Chapter 11.16 WORK IN PUBLIC RIGHTS-OF-WAY Sections : 11.16.010 Permit. 11.16.020 Public improvements to be done by licensed person. 11.16.025 Notice of work required. 11.16.030 Nonconformance with permit requirements. 11.16.040 Application fee. 11.16.050 Exemptions. 11.16.060 Violation deemed misdemeanor. 11.16.010 Permit. No person shall cause any improve- ment, tree, shrub, or other work to be installed upon, over, under or removed from any public right-of-way or cause any excavation or filling upon any public right-of-way within the city, without first having obtained a written permit 207 (Carlsbad 5/87) ... 11.16.020--11.16.050 from the city engineer to do so. As a condition of the permit, the city engineer may require the applicant to execute an indemnity agreement, to name the city as addi- tional insured under a policy of insurance having personal injury and property damage liability limits satisfactory to the city engineer and to file a certificate of insurance evidencing such coverage as conditions to the issuance of such permit. The city engineer may deny issuance of such a permit or may issue it upon such other conditions as he determines are reasonable and necessary to protect the public health, safety and welfare under the circumstances. In the event the applicant is dissatisfied with the decision of the city engineer, he or she may appeal the decision to the city council which shall finally determine the matter. (Ord. 7071 S1, 1987: Ord. 7036 S1, 1968). 11.16.020 Public improvements to be done by licensed person. appurtenant work to be .performed upon any public right-of- No person shall cause any public improvement or way within the city by any person other than a licensed contractor or a public utility. (Ord. 7036 S2, 1968). 11.16.025 Notice of work required. Each person exca- vating in the public right-of-way--shall make notification to the designated regional one-call notification center at least two working days prior to the planned excavation. issued under this- chapter are not valid until such notifica- tion is made and the job order number provided by the one-call center is recorded on the permit. Emergency excavations can be made at any time, however, the one-call center must be advised as soon as practicable. Emergency excavations are defined as excavations necessary to alleviate serious health or safety situations. (Ord. 7066 51, 1983). 11.16.030 Nonconformance with permit requirements. Any work not conforming to the requirements set forth in the permit shall be removed by the permittee without de- lay. All work shall be done during the regular business hours of the city, unless otherwise authorized or directed by the city engineer. (Ord. 7036 83, 1968). Permits 11.16.040 Application fee. The applicant shall pay a fee in the amount established by the city council resolution at the time of application for the permit. without a permit an additional fee in an amount equal to the application fee shall be paid. (Ord; 7070 S1, 1986: Ord. 7058 S1, 1979: Ord. 7036 S4, 1968). For work done 11.16.050 Exemptions. The city and its employees, acting in their official capacity, are exempt from the requirements set forth in this chapter. (Ord. 7036 85, 1968). 208 (Carlsbad 5/87) _- r ... i- ll. 16.060 11.16.060 Violation deemed misdemeanor. Any person who violates any provision of this chapter is guilty of a misdemeanor. (ora. 7036 S7, 1968). - Chapter 11.24 AQUATIC AREAS AND DEVICES Sections: I. BOATS AND AIRCRAFT 11.24.005 Definitions. 11.24.010 Application. 11.24.015 Mooring. 11.24.020 Boat speed limits. 208-1 (Carlsbad 5/87)