HomeMy WebLinkAboutOrdinance 3513 - Amending Section 12.10.010 of the Municipal CITY OF HUNTINGTON BEACH
MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER: PW 02-085
Council/Agency Meeting Held:
Deferred/Continued to:
I Approved ❑ Conditionally Approved ❑ Den ed City Clerk' ignature
Council Meeting Date: October 7, 2002 Department ID Number: PW 02-085-
CITY OF HUNTINGT.ON BEACH M
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - `
SUBMITTED BY: RAY SILVER, City Administrator OFAIP ti
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works .I
Drd�n � /t)D &srz
SUBJECT: ADOPT STREET WORK ORDINANCE & STANDARD PLANS
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: City staff, together with the affected utility companies, have developed
a new Street Work Ordinance and revised Public Works Standard Plans to better protect the
City's streets against unnecessary or unscheduled trenching by utility or other companies.
The ordinance maintains the integrity of the pavement and establishes a three-year
moratorium on cutting into newly-paved streets.
Funding Source: Not applicable.
Recommended Action: Motion to
1. Adopt Ordinance No. an Ordinance of the City of Huntington Beach
amending the Huntington Beach Municipal Code by Deleting Chapter 12.12 and Adding
Chapter 12.13 Relating to Street Work; and
2. Adopt revised Public Works, Standard Plans No. 100 and No. 109.
Alternative Action(s): Do not adopt the Ordinance. This action would retain the current
practice of no moratoriums on street cuts. ,
4
Analysis: Over the last two years, Public Works staff has worked with the several utility
companies to establish guidelines for street work. The resulting ordinance better protects the
City's streets against unnecessary or unscheduled trenching by utility or other companies`��
and establishes a moratorium against cutting into newly-paved streets. During this project,
staff interviewed staff at cities with similar ordinances, followed pending litigation, conducted
numerous meetings with representatives of the utility companies and reviewed sections of a
GAR C A\2002\02-085 Oct 7 (Webb) Street Cut Ordinance.doc-2- 9/24/2002 7:48 AM
J Z G �,
y REQUEST FOR ACTION
MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER: PW 02-085
model ordinance adopted by other cities, to determine what would be appropriate for
Huntington Beach.
At its October 17, 2001 meeting, the Public Works Commission formed a subcommittee with
utility company representatives and staff to review the proposed ordinance and develop a
final draft. Commissioners Piechota, Albright and Riffenburgh served on the subcommittee
with Commissioner Hartge serving as an alternate.
City Engineer David Webb moderated workshops on October 30, November 13 and
December 4, 2001; and June 18, 2002. Deputy City Attorney Sarah Lazarus provided legal
clarification for various sections of the proposed ordinance. After extensive review and
discussion, the final ordinance was approved by the Commission's utility subcommittee, and
was then presented to the entire Public Works Commission.
The proposed new Street Work Ordinance will replace existing Section 12.12 of the
Huntington Beach Municipal Code in its entirety. The key changes are (1) better definition of
what is allowed in the public right-of-way, (2) designate how street work is to take place and
(3) protect the City should work not be performed as required. In addition to better defining
street work requirements, the new ordinance includes a three-year moratorium that precludes
utility cuts in newly-paved streets.
Appropriate changes to the standard plans that involve trenching are included for review and
,consideration. These modifications are necessary to bring the standards into compliance
with the Street Work Ordinance.
Environmental Status: N/A
Public Works Commission Review: The Public Works Commission reviewed and
unanimously approved the proposed ordinance and related standard plans at its regular
meeting on August 21, 2002.
Attachment(s):
City Clerk's
Pago NumberNo. Description
1. Ordinance No. with new HBMC Section 12.13
2. Proposed Public Works Standard Plans #100 and #109
RCA Author: David Webb:jm
G:\R C A\2002\02-085 Oct 7(Webb) Street Cut Ordinance.doc-3- 9/26/2002 11:00 AM
ATTACHMENT # 1 ____j
151 �v,N4 U L
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ORDINANCE NO. 3582
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY DELETING CHAPTER 12.12 AND ADDING CHAPTER 12.13
RELATING TO STREET WORK
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 12.13, said chapter to read as follows:
Chapter 12.13
STREET WORK GENERALLY
Sections:
12.13.010 Definitions
12.13.020 Erecting utility structures--Authority
12.13.030 Emergency situations
12.13.040 Obstructing or construction within public way—Permit required
12.13.050 Duration and validity
12.13.060 Penalty for exceeding time restrictions
12.13.070 Permit--Fees
12.13.080 Required information for permit
12.13.090 Construction work--Permit denial—Appeal in general
12.13.100 Orders, regulations, and rules of City departments
12.13.110 Construction work—Licensed contractor required
12.13.120 Street excavation moratorium—no permit shall be issued
12.13.130 Underground service alert
12.13.140 Stop work order, permit modification, and permit revocation
12.13.150 Restoration
12.13.160 Repair by the department
12.13.170 Emergency remediation by the department
12.13.180 Suspension of applications and permits
12.13.190 Identification of visible facilities
12.13.200 City repaving plan
12.13.210 Coordination with City
12.13.010 Definitions.
(a) "Applicant" shall mean any owner or duly authorized agent of such owner, who has
submitted an application for a permit to excavate.
(b) "City" shall mean the City of Huntington Beach.
02ord/chap 12-13/9/25/02 1
Ord. No. 3582
(c) "Department" shall mean the Department pf Public Works.
(d) "Director" shall mean the Director of the Department of Public Works or his/her
designee, and shall include the term"Superintendent of Streets."
(e) "Excavation" shall mean any opening in the surface or subsurface of the public right-of-
way.
(f) "Facility" or "facilities" shall mean any and all cables wires, 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.
(g) "Franchise" granted by the City of Huntington Beach or the state of California is a contract
granting special privileges to use the public right-of-way. It is not intended that this
chapter of the Municipal Code impose additional rules or regulations which are
inconsistent with the rights or obligations under the franchise or confer authority to the
City that conflicts with the.State's Public Utilities Code or the jurisdiction of the California
Public Utilities Commission.
(h) "Owner" is defined as that person who is responsible for the project.
(i) "Permit" or "permit to excavate" shall mean a permit to perform a project as it has been
approved or may be amended or renewed by the department.
(j) "Permittee" shall mean the applicant to whom a permit has been granted by the
department in accordance with this chapter.
(k) "Person" shall mean any natural person, owner, corporation, partnership, public utility
franchise, or any governmental agency, including any agency other than the City of
Huntington Beach, department, the state of California, or United States of America.
(1) "Project" for purposes of this chapter shall mean any activity permitted under this
chapter, including but not limited to excavation, construction, demolition, obstruction of
right-of-way, repair and building.
(m) "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, ways and City owned properties within the City, as they now exist or
hereafter will exist and which are or will be under the permitting jurisdiction of the
Department of Public Works. "
12.13.020 Erecting utility structures--Authority. It is unlawful for any person, without a City
franchise and/or City permit, or other authority from the Director, to erect any telegraph,
02ord/chap 12-13/9/25/02 2
Ord. No. 3582
telephone, electric light or, transmission poles, or facilities on or in any walk, street, alley or
public place in this City, or to stretch any wires or cables along or across said streets; or to lay
any gas, oil or water pipes, or other pipelines along or across any streets in the City.
12.13.030 Emergency stations. Nothing contained in this chapter shall be construed to
prevent any person from taking any action necessary for the preservation of life or
property when such necessity arises during days or times when the department is closed.
In the event that any person undertakes any project, as defined herein, in the public right-
of-way made necessary by an immediate threat to health, safety, life or property, such
person shall apply for an emergency permit within four hours after the department's offices
are first opened. The applicant for an emergency permit shall submit a written statement of
the basis of the emergency action and describe the work performed.
12.13.040 Obstructing or construction within public way--Permit required. It is unlawful for any
person to construct, repair, use, or obstruct any street, alley, sidewalk or public property within
this City by placing thereon or therein any utility, building, stand, counter, fence, lunch wagon,
storage container, bandstand, structure, building material or tools, gravel, dirt, excavation or
obstruction of any kind whatsoever or performing any demolition, without a permit having first
been issued therefor as hereinafter provided.
12.13.050 Duration and validity.
(a) Permits shall be void if the project has not begun within thirty days of the start date
specified in the permit or if the project, including restoration, has not been
completed within the specified duration; provided, however, that the Director, in
his or her discretion for good cause shown, may issue one thirty-day extension to
the start date and one thirty-day extension to the duration of a permit upon written
request from the permittee.
(b) Permits are not transferable without the written consent of the permittee and the
Director.
12.13.060 Penalty for exceeding time restrictions. A penalty shall be imposed upon any person
who does not complete work requiring road or lane closures Within the established time frame.
The penalty shall be in an amount set by resolution of the City Council and shall be based upon
estimated costs to the traveling public due to delays and additional travel distance around
roadway closures.
12.13.070 Permit--Fees. The Director shall not issue any permit except upon the payment of plan
check, inspection and permit fees, set by resolution of the City Council. The State of California
and the County of Orange, including entities such as special districts organized under state law,
are fee exempt. At the discretion of the Director, and upon proven City history of prompt
payment and company fiscal integrity, the Director may request and make arrangements for
alternative methods of collecting payment such as monthly billings
02ord/chap 12-13/9/25/02 3
h Ord. No. 3582
12.13.080 Required information for permit. Before any project mentioned in this chapter may be
commenced, the person doing such work must provide the following information:
(a) Applications for permits shall be submitted in the format and manner specified by
the Director and shall contain:
l. The name, address, telephone, and facsimile number of the applicant. Where an
applicant is not the owner of the facility to be installed or maintained in the public .
right-of-way, the application also shall include the name, address, telephone, and
facsimile number of the owner.
2. A description of the location, purposes or use, method of construction, and surface
and subsurface area of any proposed project.
3. A plan showing the proposed location and dimensions of the proposed project
excavation and the facilities to be installed, maintained, or repaired in connection
with the project, and such other details as the department may require.
4. Upon request, a copy or any documentation, easement, encroachment permit,
license, or other legal instrument that authorizes the applicant or owner to use or
occupy the public right-of-way for the purpose described in the application.
Where the applicant is not the owner of the facility or facilities to be installed or
maintained,the applicant must demonstrate in a form and manner specified by the
department that the applicant is authorized to act on behalf of the owner.
5. The proposed start date of project.
6. The proposed duration of the project, which shall include the duration of
restoration of the public right-of-way physically disturbed by the project.
7. A current business license issued by the City of Huntington Beach for the
applicant and any subcontractors who will be providing services under the permit.
8. Evidence of insurance for the applicant and owner as specified by Resolution of
the City Council.
9. Any other information that may reasonably be required by the department.
(b) Action on applications for permits as provided in this Chapter.
l. After receipt of an application for a permit, the department shall determine
whether an application is complete. If the application is deemed to be incomplete,
the department shall advise the applicant in writing of the reasons for rejecting the
application as incomplete.
02ord/chap 12-13/9/25/02 4
Ord. No. 3582
2. If the application is deemed to be complete, the department, in its discretion, shall
deny, approve, or conditionally approve the application. In order to preserve and
maintain the public health, safety, welfare, and convenience, the department may
condition a permit with specified requirements including, but not limited to, those
that limit or modify the facilities to be installed or maintained, the location of the
facilities to be installed or maintained, and the time, place, and manner of work to
be performed.
3. If the application is denied, the department shall advise the applicant in writing of
the basis for denial.
4. If the application is approved or conditionally approved, the department shall issue
a permit to the applicant.
It is unlawful for any permittee to make, to cause, or permit to be made, any project in the public
right-of-way outside the boundaries, times, and description set forth in the permit.
12.13.090 Construction work--Permit denial—Appeal in general. In the event the Director
refuses for any reason to issue a permit, the applicant may petition the Public Works
Commission, in writing, for a hearing to consider said request. Any decision of the Commission,
including but not limited to decisions to grant or deny permits, is appealable to the City Council
who will consider the application de novo.
12.13.100 Orders, regulations, and rules of City departments. All work in the public
right-of-way pursuant to this chapter shall be performed in accordance with the standard
plans and specifications of the department, the design manual, and any department orders,
regulations, or rules, except where the Director grants, for good cause shown, prior written
approval to deviate from such standard plans and specifications,the design manual, orders,
regulations, or rules.
12.13.110 Construction work--Licensed contractor required. No construction work of any kind
shall be done or performed upon any public right-of-way, in the City unless done according to
City orders, regulations, rules of standard plans and by a contractor licensed by the State of
California to perform that class of work.
12.13.120 Street excavation moratorium - no permit shall be issued. In order to preserve the ride
quality, structural integrity and appearance of newly constructed or renovated streets, permission
to excavate in newly constructed or renovated streets will not be granted for three (3) years after
completion of street renovation as shown by the filing of a Notice of Completion. Applicants
shall determine alternate methods of installing utilities or making necessary repairs to avoid
excavating in newly renovated streets. Exceptions to the above are as follows:
(a) Emergency which endangers life or property.
(b) Interruption of essential utility service.
02ord/chap 12-13/9/25/02 5
Ord. No. 3582
(c) Work that is mandated by legislation applicable to the City or person performing the
excavation or ordered by any court or governmental entity with jurisdiction over the City
of Huntington Beach.
(d) Service lateral for buildings or facility where the applicant has no other means of
providing service exists.
(e) Other situations deemed by the City's Public Works Commission to be in the best interest
of the general public.
All permits which are issued tinder A through E above shall be in accordance with the specified
enhanced standards, details and specifications established by and on file in the Department,
unless otherwise approved by the Director.
12.13.130 Underground service alert. Any person excavating in the public right-of-way
shall comply with the requirements of the underground service alert regarding notification
of excavation and marking of subsurface facilities.
12.13.140 Stop work order, permit modification, and permit revocation. When the
Director has determined a person has violated this chapter, or any condition of the permit,
or that an excavation poses a hazardous situation or constitutes a public nuisance, public
emergency, or other threat to the public health, safety, or welfare, or when the Director
determines there is a paramount public purpose, the Director is authorized to issue a stop
work order, to impose new conditions upon a permit, or to suspend or revoke a permit by
notifying the permittee of such action in writing.
12.13.150 Restoration.
(a) Like New Restoration. For all projects for which any permit under this Chapter has been
issued, the permittee shall restore or cause to be restored any area upon which work has
been performed to like new condition. Such restoration shall be done in the manner
prescribed by the standard plans and specifications, the design manual, orders,
regulations, and rules of the department.
(b) Modification to Requirements. Upon written request from the permittee, the Director, in
his or her discretion and for good cause shown, may approve in writing modifications to
the requirements of this section.
12.13.160 Repair by the department.
(a) In the event any person(s) fails, neglects, or refuses to repair or restore any condition
pursuant to the Director's notice as set forth in this chapter,the Director shall repair or
restore, or cause to be repaired or restored, such condition in such manner as the Director
deems expedient and appropriate. The person(s) identified by the Director as the
responsible party shall compensate the department for any costs associated with the
administration, construction, consultants, equipment, inspection, notification,
02ord/chap 12-13/9/25/02 6
Ord. No. 3582
remediation, repair, restoration, or any other actual costs incurred by the department or
other departments or agencies of the City made necessary by reason of the repair or
restoration undertaken by the department.
(b) Repair or restoration by the department in accordance with this chapter shall not relieve
the person(s) from any and all liability at the site of the repair or restoration, including, but
not limited to, future failures for any portions of work completed by permittee.
12.13.170 Emergency remediation by the department.
(a) If, in the judgment of the Director, the site of an excavation is considered hazardous,
constitutes a public nuisance, public emergency, or other imminent threat to the public
health, safety, or welfare that requires immediate action,the Director shall order the
condition remedied by written, oral, telephonic or facsimile communication to the owner,
applicant, or any agent thereof and shall designate the owner or applicant as the
responsible party.
(b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate
action to remedy the condition as specified in said communication, the Director shall
remedy the condition or cause the condition to be remedied in such manner as the Director
deems expedient and appropriate. The person(s) identified by the Director as the
responsible party shall compensate the department for any reasonable costs associated
with the administration, construction, consultants, equipment, inspection, notification,
remediation, repair, restoration, or any other actual costs incurred by the department or
other departments or agencies of the City made necessary by reason of the emergency
remediation undertaken by the Department.
12.13.180 Suspension of applications and permits. No person subject to any outstanding
violation of this chapter shall apply for nor be issued any permit hereunder. .
12.13.190 Identification of visible facilities. All facilities installed pursuant to a permit
that are visible from the surface of the public right-of-way shall be clearly identified with
the name of the current owner of the facilities. Upon demand of the Director, within six
months of change in ownership of a facility(ies), the identification required by this section
shall indicate the new owner.
12.13.200 City Repaving Plan. The Director of Public Works shall prepare a two (2) year
repaving plan showing the street surfacing planned by the City for the next two (2) years. The
two year repaving plan will be made available to utilities at all times to assist them.
12.13.210 Coordination with City.
(a) Prior to designing facilities and applying for an excavation permit in the City's public
right-of-ways, applicants shall review other utilities' master plans and the City's two (2)
year repaving plan on file with the Director. The applicant shall coordinate, to the extent
practicable, with other planned utility and street work shown on such plans to minimize
02ord/chap 12-13/9/25/02 7
Ord. No. 3582
damage to, and avoid undue disruption and interference with the public use of such
public rights-of-way.
(b) To avoid future excavations and to reduce the number of street excavations,
telecommunication companies shall be requested, when practical,to install spare
conduits.
SECTION 2 This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of October , 2002.
k
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED: City Attorney
IN AND APPROV D:
City Mministrator
Director of Public Works
02ord/chap 12-13/9/25/02 8
Ord. No. 3582
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 71h day of October, 2002, and was again read to
said City Council at a re ular meeting thereof held on the 215t day of October, 2002,
and was passed and adopted by the affinnative vote of at least a majority of all the
members of said City Council.
AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: Houchen
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on r
� .� � �� � , 2002 !7
In accordance with the City Charter of said City City Clerk and ex-officio Cle
Connie Brockway, Qijy Clerk of the City Council of the City
Deputy City Clcrk of Huntington Beach, California
r
H. B. INDEPENDENT
PUBLISH DATE: 10/31/02
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3582
Adopted by the City Council on October 21, 2002
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY DELETING CHAPTER 12.12 AND ADDING CHAPTER 12.13
RELATING TO STREET WORK"
SYNOPSIS:
Ordinance No. 3582 amends the Huntington Beach Municipal Code by deleting Chapter 12.12 and adding
Chapter 12.13 relating to street work.
The Sections of Chapter 12.13 are as follows:
Chapter 12.13
STREET WORK GENERALLY
Sections:
12.13.010 Definitions
12.13.020 Erecting utility structures--Authority
12.13.030 Emergency situations
12.13.040 Obstructing or construction within public way—Permit required
12.13.050 Duration and validity
12.13.060 Penalty for exceeding time restrictions
12.13.070 Permit--Fees
12.13.080 Required information for permit
12.13.090 Construction work--Permit denial—Appeal in general
12.13.100 Orders,regulations, and rules of City departments
12.13.110 Construction work—Licensed contractor required
12.13.120 Street excavation moratorium—no permit shall be issued
12.13.130 Underground service alert
12.13.140 Stop work order, permit modification, and permit revocation
12.13.150 Restoration
12.13.160 Repair by the department
12.13.170 Emergency remediation by the department
12.13.180 Suspension of applications and permits
12.13.190 Identification of visible facilities
12.13.200 City repaving plan
12.13.210 Coordination with City
The key changes are (1) better definition of what is allowed in the public right-of-way, (2)designate how
street work is to take place and (3) protect the City should work not be performed as required. In addition
to better defining street work requirements, the new ordinance includes a three-year moratorium that
precludes utility cuts in newly-paved streets.
g:/syn opsis2002/Syn3582
lF�
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
October 21, 2002 by the following roll call vote:
JAYES: Green, Dettloff, Boardman, Cook, Winchell, Baur
NOES: None
-- �ABSENT: Houchen
I This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
CONNIE BROCKWAY, CITY CLERK
g:/synops is2002/Syn 3582
v e,-
Ordinance No. 33-FoZ
Chapter 1242
STREET WORK GENERALLY
(12 7/00, 1 O 7/09, 57 2,152, 2308 2308 10/78,2442 8/80, 3320 3/9 )
Seetiens:
£ eet-ing utility st-ruEt- es
12.12.020 Obst-rueting r„blie way Deceit required
1 1 n3n Setting time est,-,,tuns
17 17 n3G Penalty for-o eedi g time festrietiefis
1 1 ncn Constfuetien work Permite ed
42.1 ntin Constfuetiio work-pefmi-t-Fee
T2TLVTOPermit
12.12.080 Violation Nuisane
12 1-2.090 Constr-tietie= wvnc Lrcci3carcvitru cter--i�ecc'icaa
12.12.100 Const1=Hetie„ work C,,,,traeto-obtains permit.
r.1�12.1 10 Co struetion work Permit issuanee
12.12.120 Go rs-tr-ue
12.1 7 1 2n (`.,nstmetion wo ii—Dr(fmit denial Appeal
1 2 1 2 1 n n T,- ffie delineation
do
1 2 12 1 Gn D„l.lie l;ab,;l;tfr-a-nehise or- other- author-it),from the..;
> telegraph, telephone, eleetrie light
walk,tfansfoission poles on any street, >
streets; of to stf-eteh
along or-aer-oss said > pipes,il
or-other-pipelines along o
aer-oss any stfeets i the e t., (1 O 7/00 292 1 2-7)
street, alley,
building, sidewalk or-publie plaee within this eity by placing ther-ean of th I
stand, eounter, lunch wagon, wagon stand, bandstand, > building material,
> > whatsoever,kind
issued tl,o,of hereinafter-n, ,� pfoNao a 11 n '7/nn)
—, - e r-estrietions. A reasonable time for- eenstmetion shall be established b5
the Dir-eeter-of Ptiblie Wer-ks, prior-to issuance E)f a permit to elese any roadway. Upon W-Fitte
Publie Works to aecount for-wefking days lost due to eir-eumstanees beyond the control of the
12.12.035 Penalty for exeeedigg4ime mstFie�jM!12. A penalty shall be imposed upon an),pr-iva4e
pai4y per-mit4ee who does not eomplete the work requiring road or-lane elostif-es within th-e
established time ffame. The fee shall be in an amount set b ,r-esolt4ion of the City Couneil an
shall be based upon estimated eosts to the tr-m,eling publie due to delays and additional travel
legis drft/mcl212/9/25/02 1
any tfade or business of to move of eans4uet a iig„ iriuite iil"iuii,i vi w Neiiviiii
building, stand, eauntef,
lunehwagon> stand,on bandstand, > > gravel, >
streets,other eonstfuetion"on or-in the
alleys, sidewalks or ptiblie plaees within this eity,
must
first obtain a peffnit from the Difeetor of Publie Works to plaee an),obstruetion as hefeinabove
mentioned upon or-in said streets, alleys, sidewalks or publie plaees. (19 7/09, 5 77 2/52, 23 08
zvr-rv)
12.12.060 Construction wor-k Permit Fees. The Dir-eeter- of Publie Wofks ma�,issue sue
> set resolution of the > to the (12 ,
12.12.070 Permit Franehise holder. In the event the per-son, firm or- eofpofation making sue.h.
appheation is the ovaier- of hold f a firmancel-lise of fesefva4ion of interest in said street,
sidewalk of publie plaee to keep or maintain an),pipeline, telephone line, or-pole system in e
upon an), f the „b.l; streets, alleys, sidewalks or „b,l; places ;f said emeavation is for-the
purpose of eomeeting with sewer-, wa4er-or- gas pipeline by sueh person, then and in that event,
the—applieation andpeflit may be granted } et4 ehafge. (19 2/09 577 2152)
17 12 080 Violation uiSanee. Any person, f;, or earpor-ati6„ ,,who yiel.,4es any of the
of this haptor ; guilty of MISDEMEANOR, `t„ the ob,rtr,,efioa s maintained
e
L,.,ll be deemed to be ^ „b.lie nuisanee and be treated as stteh. (19 7/09)
street,12.12.090 Constmetion work. Lieensed eontr-aetor- required. No work of an),kind shall be-
done or-performed upon any >
sewer or gutter in the eity tialess done
7/60 2022 1 /'76 7204 10/78)
12.12.100 Constmetion work Contr-aetor- obtains permit. Before an),work mentioned i
seetion 12.12.090 may be eoffun ed, the eontr-aetor- doing sueh work must obtain a permit to
,1 sueh worn inn c n "
., issue sueh permit upon payme
resolution of the City Couneil. !19 7/09 577 /52,2072 1 /'76 7204 10,178, 2447 4/40l
the inspeetion and super-vision of the Di---to. of Publie Works of the eity, and he shall ha-ve and
is rto,1 authority to pr-eve,,t the per-for-manee r doingof any of said work mentioned
seetion 12.12.090 unless the work is done in aeeer-da-mee with the pr-ovis-iofl-s ofthi-s
(745 2/60 2308 10178)
legis drft/mcl212/9/25/02 2
i
l',
12.12.130 Construetion work Permit denial iii the event the Difeetef ef Publie
12.12.140 Traffie delineation. Any per-son, fir-fn, or- eafpor-ation that ea-uses a ehaar"
inelude painted stripes or lines, raised pm,emefit mar-kings or-legends as r-equir-ed. This work shaI4
be aecomplished in the following manner-:
(a) General Requirements.:
(1) All work shall be done in aeeer-da-nee with City of 14tifAington Beaeh r-equir-efnef4s and Sta4-e
(2) Paint shall be one base eeat and one finish eeat with r-efleetive beads of the material
speeifieations approved by the DepaAment of Publie Al
(3) War-k shall . .,F,-f to the .,laps appr-oved by the Department of Public Wo-Ls
(4) All eentlieting, existing mar-kings shall be r-emoved by sandblasting and the street shall b-e
(5) All required tr-affie bar-fieades and eenes shall be pr-ovided and maintained until
delineations ., eomplete,
work, the responsible ageney may either-perform the work or-pay the Depai4mef4 of Publie
3A'oFks to have this work done by eity personnel. Bar-r-ieading and eoning shall be the developer!s
responsibility tti4il the(b) Alor-k by eity. if the pr-oj eet involves less than ofie thousand (1000) linear-feet of delineatiefl-
delineations. if the eity is to peffer-m the wark, the eost of this wer-k shall be paid in advanee a
be based on the unit eests established by resolution of the City Couneil, eapies of W-hieh shall
available in the Department of Publie Works. (2042 4/76)
12.12.150 Publie liability insur-aptt. The applicant shall fttfnish to the eity and maintain during
the period for-whieh the permit is issued, a publie liabilit� i lloliey in W-hieh the City,
City Gatineil, eleetive and appointive > employees,
shall be named as additional instir-eds when aefing within the seepe of theif offieial du4ies,
against all elaims arising out of E)r-in eenneetion with the aetivities for-w-hieh the permit was
obtained. Such publie liability insur-anee policy shall indemnif�,, defend and hold har-mless said
additional insureds. The pokey shall pr-ovide for-not less the following amounts-
1ania 7„a; a ets 7; tiihAt .
$30a,000 e mbi-ned s-1-14oe limitper oe 2Eppenee (2 7 7 7 7 7/70
legis drft/mcl212/9/25/02' 3
1
General Notes
1. All work shall conform to the latest edition of the "Standard Specifications for
Public Works Construction" and supplements thereto (APWA/AGC, "Green Book").
unless specifically noted otherwise.
2. All work shall conform to these Standard Plans, the Landscape Standard Plans,
the Water Division Standard Plans and City Ordinances.
J. The contractor shall notify the Public Works Department at 536-5431 at least
48 hours prior to beginning any work. Inspection hours are between 7-00 A.M.
and 4:00 P.M. Monday through Friday, excluding holidays.
4. All work within public right of way or easements requires that a permit be obtained
from the Public Works Department.
5. The contractor shall be responsible for providing all testing required by the City.
6. The contractor shall keep a signed set of approved plans and a copy of the
construction permit on the job site during working operations.
7. All work shall comply with conditions established by the California Regional Water
Quality Control Board.
8. Working hours are 7.•00 A.M. to 6:00 P.M. Monday through Saturday, exclu din g
holidays. These hours may be subject to further limitations by Traffic Control
requirements.
9. The contractor shall comply with all applicable federal, state and local safety
requirements.
10. The contractor shall restore or replace in kind all existing improvements disturbed
during construction including, but not limited to street striping, landscaping and
signs.
11. All work performed shall be guaranteed for a one year period.
12. One sack slurry backfill shall be used for all trench crossings of streets and all
trenches within alleys.
1J. Survey benchmarks, , monuments or accessories to the some (tie points) shall be
preserved, referenced and/or replaced pursuant to Section 8771 of the Business and
Professions Code, of the State of California, as amended by Assembly Bill 1414 and
Senate Bill 1563, of the State of California. Existing survey monuments and their
accessories in danger of being disturbed shall have a Corner Record filed with the
Orange County Surveyor's Office and the Local Agency prior to construction. In
addition a Corner Record shall be filed with the Orange County Surveyor's Office and
the local agency after construction if the contactor of the benchmark, monument or
accessory to the same has been affected.
14. Senate Bill 156J of the State of California, clarifies the ambigouity of Assembly Bill
1414, in stating that the re—surfacing of streets and highways resulting in monuments
being covered by paving material instead of being preserved, shall be considered a
violation of the Land Surveyor's Act (Sections 8700 — 8806 of the Business and
Professions Code).
Traffic Control and Safety
I. Barricading and detouring shall be in conformance with the requirements of the
current State of California Department of Transportation Manual of Traffic Controls
for Construction and Maintenance Work Zones, and shall be approved by the
inspector prior to any work.
2. No street shall be closed to traffic without written permission from the
City Traffic Engineer except when directed by law enforcement or fire officials.
APPROVED: CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
CITY ENGINEER STANDARD PLAN
REVISION DATE: July 1, 2O02 GENERAL NOTES 100
1 of 4
oep 35-ka
Traffic Control and Safety (Cont.)
J The contractor shall make every effort to provide for smooth traffic flow and
safety. Access shall be maintained for all properties adjacent to the work.
4. Detouring operations for a period of six consecutive calendar days, or more,
require the installation of temporary street striping and removal of interfering
striping by sandblasting. The detouring striping plan or construction traffic control
plan must be submitted to the City Traffic Engineer for review and approval.
5. All traffic control devices shall be restored to their original condition at the end
of the work to the satisfaction of the City Traffic Engineer.
6. Traffic control devices (TCD's) shall remain visible and operational at all times.
Utilities and Underground Work
1. All utility companies having facilities within ,the area of work shall be notified at
least 48 hours prior to beginning work.
2. Whenever possible, all utility services shall be installed below water mains and
appurtenances with two feet minimum clearance where the lines cross. At the
discretion of the City Engineer, a utility line may be installed over a water main
provided the utility line is concrete encased. Utility conduits, laterals and services
shall not be allowed within five feet of parallel water facilities. Separation of
sewer, water, and reclaimed water lines shall conform to State of California,
Departement of Health Standards and City Water Standards.
J. All utility services shall be _installed a minimum of 2' beyond the right—of—way
line prior to paving of streets.
4. Water facilities and systems shall comply with City Water Division Standards and
Specifications and shall be inspected by the Water Division Inspector.
5. All required water facilities including fire hydrants and appurtenances shall be
accessible and fully operational prior to constructing any permanent structure
using combustible materials.
6. All utility service lines shall have a location identity marking chiseled on the top
of curb (i.e. "S" for sewer, "G" for gas, "W" for water).
7. All V.C.P. shall be laid with mechanical joints, "Wedgelock", "Speed Seal", "Band
Seal" or approved equal.
8. All gravity sewers shall be air tested in accordance with section 306-1.4.4 of
the Standard Specifications for Public Works Construction.
9. The sewer contractor shall furnish the developer and the City Engineer with the
location of wyes and house connections as constructed. All sewer manhole
frames and covers shall be left 6" below finished grade. The sewer contractor
shall raise the manhole and covers to 1/8" below the finished grade upon
completion of surfacing.
10. Bockfill of all trenches shall be compacted to a minimum relative compaction
of 907. in the upper three feet, measured from the pavement surface, or from
finish grade where there is no pavement. Compaction shall be verified by a soils
report prepared by a registered engineer.
11. Trench resurfacing shall be completed as soon as possible, but no later than
five working days after subgrode compaction has been completed.
12. All utilities shall be bored under arterial highways unless otherwise
approved by the City Engineer.
APPROVED:
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
CITY ENGINEER STANDARD PLAN
GENERAL NOTES 100
REVISION DATE: July 1, 2002 2 of 4
�c� — Sub0141 ScUmQ 0uNc,'1 Pneefi► t�S Qrof. 35�z- to-zi-oz
Utilities and Underground Work (Conti
13. No street shall be open—cut if paved or sealed within the previous three years,
except as allowed in HBMC Chapter 12. 13. Such open cuts sha/ be slurry sealed
to the limits required by the City Engineer.
14. All sewer mains and storm drains shall be Closed Circuit Television Inspected
(C.C. T. V.I.) within one hour after clear water flushing said facility and a
video tape record shall be submitted to the Public Works Inspector.
15. All existing street lighting installations shall be protected in place unless
construction plans note otherwise. Disrupted or damaged street lighting systems
shall be repaired or replaced to the current Public Works Department Standards
as directed by the City Traffic Engineer.
16. All streets that are slurry sealed, fog sealed, or chip sealed shall have all
existing striping and raised pavement markers sand blasted prior to sealing.
Striping and raised pavement markers will be replaced to the satisfaction of
the City Traffic Engineer.
17. All trenches shall be sawcut unless otherwise direct by the City Engineer.
Special Requirements for Development Projects
1. All tests as required by the City shall be at the contractor's expense.
2. Cable television conduit shall be installed per Std. Plans 214 and 215.
J. Curb and gutter shall be constructed prior to installation of water system,
unless the water system is-staked by the engineer. Such staking shall provide
for alignment, cuts, location of all services and meters, gate valves, fire
hydrants, and any other staking required by the City Engineer. Any damage
to water system by subsequent construction shall be repaired by complete
replacement of damaged section.
4. Curb and gutter grades shall be designed to exceed or meet the City minimum
requirements of 0.50% Grades less than 0.50Z require prior written permission
from the City Engineer.
5. The structural street sections on the plans ore for estimating purposes based
on on 'R" value of 5. Alternate sections require approved engineering
calculations based on a soils report prepared by a reputable soils engineering
company. No sections less than the City's minimum will be allowed.
6. After the A.C. surfacing has been completed at least one week, an asphaltic
emulsion seal coat shall be applied at the approximate rote of 0.45 gallons
per square yard.
7. Damaged City owned street light conduit or cable shall be replaced from pole to
pole. Southern California Edison Company owned street light cable and conduit
shall be repaired or replaced to the satisfaction of S.C.E.
8. For subdivision work within the City, the final or surface layer of asphalt
concrete shall not be placed until all on—site improvements have been
completed, including a// grading, and until all unacceptable concrete is removed
and replaced at the direction of the City Engineer.
9. Asphalt concrete shall meet the requirements of Section 400 of the
"Green Book" and the viscosity grade of paving asphalt shall be AR 4000.
APPROVED:
CITY OF HUNTINGTON BEACH Fog
DEPARTMENT OF PUBLIC WORKS
CITY ENGINEER
STANDARD PLAN
GENERAL NOTES 100
REVISION DATE: July 1, 2002 3 of 4
QA�9 � — 5wh IN a� swm2 C,(twticil
Special Requirements for Development-Projects (Cont)
10. For asphalt concrete the exact proportions of aggregate and the amount of
asphalt binder for each type of mixture shall be regulated as directed by the
City Engineer. However, as a general guideline, the required asphalt content
for the City of Huntington Beach asphalt concrete mix designs will be as
folio ws.
Arterial High wa vs
3/4" (111-8-2) Base Course 5.49
112" (111—C-3) Surface Course 5.89
Non—Arterial Hiah ways
3/4" (ill—B-3) Base Course 5.79
112" (111—C-3) Surface Course 6.09'
APPROVED: CITY OF HUNTINGTON BEACH FOB
DEPARTMENT OF PUBLIC WORKS
CITY ENGINEER STANDARD PLAN
GENERAL NOTES ����� � - 100
REVISION DATE: July 1. 2002 M Sov �� , 'a is . d•%J ,, 4 of 4
OoV4 0 0*-f-GU'v0- Q-9,-
0
1' 2' MIN. 1' GU T TER OR
CURB EDGE
SA WCU T-\
EXIST. AC ASPHAL T
0. 12' (1 4") MIN. .
EXIST BA %
q AGGREGA TE
(
E 0.42' S" MIN.
BASE )
4 ° °
BACKFILL
PER STDS.
NO TES.-
BASE A.C. TRENCH IN FLUSH WITH ADJACENT SURFACE PRIOR TO COLD PLANING
AND FINISH PAVING. COLD PLANE A MIN/MUM OF 4' WIDE (CENTERED ON TRENCH)
AND REPLACE A.C.
O REMOVE AND REPLACE A.C. TO EDGE OF GUTTER (TO CURB FACE IF NO GUTTER
EXISTS) OR TO ADJACENT TRENCH EDGE LINE WHERE 'B' IS LESS THAN 36"
O TYPE 1 SLURRY SEAL SHALL BE APPLIED TO ALL FINISH TRENCH SURFACES
(MIN. 6" BEYOND A.C. JOIN LINE).
® IF TRENCHING BY CITY APPROVAL IS WITHIN A STREET COVERED BY A
PAVEMENT CUT MORATORIUM PER HBMC CHAPTER 12. 15, A TYPE 1 SL URR Y
SEAL SHALL BE APPLIED TO THE ENTIRE 112 STREET CONTAINING THE
TRENCHING.
APPROVED:
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS Iola
CITY ENGINEER STANDARD PLAN
REVISION DATE: July ,, 2002 C '�" PA /EMENT REPAIR DETAIL 1 os
U tvr>ib�t G j a . 06.3 941 of 1
r
N 0-�� _b 10.2j-0-.
—oTY OF HUNTINGTON BEAC. to IB
MEETING DATE: October 1, 2001 DEPARTMENT ID BER: PW 01-123
Council/Agency Meeting Held: 10- u 1- 0)
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied �"�_
RPP%ve) D ON 0e -No, -BI3 6-0- >Wa y City Clerk's Signature
Council Meeting Date: October 1, 2001 Department ID Number: PW 01-123
i e _ wo - 35 3 -7 - a
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
N C
O �
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL m �;
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR aefa
PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBL0WaRKS= .
SUBJECT: ADOPT ORDINANCE AMENDING SECTION 12.16',01(O"OF THE
HUNTINGTON BEACH MUNICIPAL CODE - ADOPTIN OF
STANDARDS ZJr�, /t/D, 3,543
[Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: The current Huntington Beach Municipal Code, Section 12.10.010
relating to the adoption of Standard Specifications for Public Works construction requires an
amendment to adopt the latest edition.
Funding Source: No funding required for this action.
Recommended Action: Motion to:
Adopt Ordinance No. -3543 amending Section 12.10.010 of the Huntington Beach
Municipal Code relating to the adoption of Standard Specifications for Public Works
Construction.
Alternative Action(s): No alternative action recommended.
Analysis: Every three years an updated edition of Standard Specifications for Public Works
Construction (Green Book) is published. Section 12.10.010 of the Municipal Code, as it is
currently written, only recognizes the 1991 edition and its amendment. In order to formally
recognize the 2000 edition, or any new edition thereafter, the Public Works Department is
requesting that the City Council Adopt this new Ordinance amending Section 12.10.010 of
the Huntington Beach Municipal Code relating to the adoption of Standard Specifications for
Public Works Construction.
I
01-123 October 1 (Martinez) 9/18/01 1:06 PM
6,104,
REQUEST FOR ACTION
MEETING DATE: October 1, 2001 DEPARTMENT ID NUMBER: PW 01-123
A new 2000 edition of the book has been issued, which supersedes the 1991 edition now
referenced in the code. Adopting this amendment to the original code section 12.10.010, will
allow the city to approve the 2000 Standard Specifications for Public Works Construction and
any future revisions without having to come to City Council for approval of amendments.
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance No. 0 amending Section 12.10.010 of the
Huntington Beach Municipal Cqde relating to the adoption of
Standard Specifications for Public Works Construction.
2 Legislative Draft of Ordinance No. 3,,55
R. Martinez:jm
RCA Author: G\RCA\2001\01-123 October 1
01-123 Oct 1 (Martinez) -3- 9/18/01 4:38 PM
ORDINANCE NO. 3513
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 12.10 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE ADOPTION OF STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION I. Section 12.10.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.10.010 Adoption of standards. There is hereby adopted by the City Council certain standard
specifications known as the Standard Specifications for Public Works Construction, as most
recently published by Building News ("latest edition"), and the whole thereof, including all
supplements and amendments, of which standard specifications not less than one (1) copy of the
latest edition has been and is now on file in the Office of the City Clerk of the City of Huntington
Beach. Such standard specifications are hereby adopted and incorporated pursuant to
Government Code Sections 50022.2 et seq. for the purpose of providing just, equitable, objective
and practicable standard specifications whereby administrative procedures, construction
materials, construction methods and requirements shall be established for all public works
construction, and from the date on which this section takes effect, the provisions thereof shall be
controlling within the corporate limits of the City of Huntington Beach.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of October , 2001.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk to- I8-61 o City Attorney
REVIEWED AND APPROVED: T AND APP ED:
City Pdn mistrator Director of Public Works
01 ord/mc 12-10-010/8/30/01
Ord. No. 3513
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON•BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing*ordinance was read to said City Council at
a regular meeting thereof held on the 1st day of October, 2001, and was again read to
said City Council at a regular meeting thereof held on the 15th day of October, 2001,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
2001
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
g:/ord i n a n cord b k pg 2001.do c
ATTACHMENT # 1
ATTACHMENT #2
ORDINANCE NO. 35)3
LEGISLATIVE DRAFT
Chapter 12.10
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(2684-4/84,2813-2/86,3122-10/91)
Sections:
12.10.010 Adoption of standards
12.10.020 Administration
12.10.030 Application
12.10.010 Adoption of standards. There is hereby adopted by the City Council certain standard
specifications known as the Standard Specifications for Public Works Construction, as most
recently published by Building News 2-OW ("latest edition"), and the whole thereof,
including all supplements and amendments, of which standard specifications not less than one
(1) copy of the latest edition has been and is now on file in the Office of the City Clerk of
the City of Huntington Beach. Such standard specifications are hereby adopted and incorporated
pursuant to Government Code Sections 50022.2 et seq. for the purpose of providing just,
equitable, objective and practicable standard specifications whereby administrative procedures,
construction materials, construction methods and requirements shall be established for all public
works construction, and from the date on which this section takes effect, the provisions thereof
shall be controlling within the corporate limits of the City of Huntington Beach. (2684-4/84, 2813-
2/86, 3122-10'91)
12.10.020 Administration. The Director of Public Works, or his duly appointed representative, is
hereby authorized and directed to enforce the standard specifications as herein adopted or as may
be amended hereafter from time to time. (2684-4/84)
12.10.030 Application. The provisions of the standard specifications, together with adopted
standard plans of the Department of Public Works, adopted by resolution of the City Council,
shall apply to all existing or new public works construction. Such standard specifications shall
also apply whenever there exists, in the opinion of the Director of Public Works, any condition
which constitutes an active or immediate hazard to life, limb,health, property, safety or the
general welfare of the public. (2684-4/84)
10/91
legisdrft/mc l 2-10/10/1 1/01
RCA ROUTING SHEET
INITIATING DEPARTMENT: PUBLIC WORKS
SUBJECT: ADOPT ORDINANCE AMENDING SECTION 12.10.010 OF
THE HUNTINGTON BEACH MUNICIPAL CODE -
ADOPTION OF STANDARDS
COUNCIL MEETING DATE: October 1 , 2001
RCA'ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR,,,MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk —
EXPLANATION FOR::RETURN OF,ITEM:
Only)(Below Space For City Clerk's Use
i
RCA Author: R. Martinez:jm
Huntington Beach Municipal Code 12.12.010--12.12.050
Chapter 12.12
STREET WORK GENERALLY
(12-7/09, 19-7/09,577-2/52,2308-10/78,2442-8/80,3320-3/96)
Sections:
12.12.010 Erecting utility structures--Authority
12.12.020 Obstructing public way--Permit required
12.12.030 Setting time restrictions
12.12.035 Penalty for exceeding time restrictions
12.12.050 Construction work--Permit required
12.12.060 Construction work--Permit--Fee
12.12.070 Permit--Franchise holder
12.12.080 Violation--Nuisance
12.12.090 Construction work--Licensed contractor required
12.12.100 Construction work--Contractor obtains permit ZI
12.12.110 Construction work--Permit issuance
12.12.120 Construction work--Supervision and inspect`on
12.12.130 Construction work--Permit denial--Appeal
12.12.140 Traffic delineation
12.12.150 Public liability insurance
12.12.010 Erecting utility structures--Authority. It is unlawful for any person, without a
franchise or other authority from the council, to erect any telegraph, telephone, electric light or
transmission poles on any walk, street, alley or public place in this city, or to stretch any wires
along or across said streets; or to lay any gas, oil or water pipes, or other pipelines along or across
any streets in the city. (19-7/09,292-1/27)
12.12.020 Obstructing public way--Permit required. It is unlawful for any person to obstruct
any street, alley, sidewalk or public place within this city by placing thereon or therein any
building, stand, counter, lunch wagon, wagon stand, bandstand, structure, building material,
gravel, dirt, excavation or obstruction of any kind whatsoever, without a permit having first been
issued therefor as hereinafter provided. (19-7/09)
12.12.030 Setting time restrictions. A reasonable time for construction shall be established by
the Director of Public Works, prior to issuance of a permit to close any roadway. Upon written
request from the permittee, the established time period may be extended by the Director of Public
Works to account for working days lost due to circumstances beyond the control of the permittee.
(3320-3196)
12.12.035 Penalty for exceeding time restrictions. A penalty shall be imposed upon any
private party permittee who does not complete the work requiring road or lane closures within
the established time frame. The fee shall be in an amount set by resolution of the City Council
and shall be based upon estimated costs to the traveling public due to delays and additional travel
distance around roadway closures. (3320-3/96)
12.12.050 Construction work--Permit required. Any person, firm or corporation desiring to
engage in any trade or business or to move or construct a building, make repairs or to perform
any other work by which it may become necessary to place any such building, stand, counter,
lunch wagon, wagon stand, bandstand, structure, building material, gravel, dirt, excavation or
other construction upon or in the streets, alleys, sidewalks or public places within this city, must
first obtain a permit from the Director of Public Works to place any obstruction as hereinabove
mentioned upon or in said streets, alleys, sidewalks or public places. (19-7/09,577-2/52,2308-10/78)
3/96
12.12.060--12.12.140(a)(3) Huntington Beach Municipal Code
12.12.060 Construction work--Permit--Fees. The Director of Public Works may issue such
permit upon payment of a fee, set by resolution of the City Council, to the city therefor. (12-7/09,
577-2/52,2308-10/78,2442-8/80)
12.12.070 Permit--Franchise holder. In the event the person, firm or corporation making such
application is the owner or holder of a franchise or reservation of interest in said street, alley,
sidewalk or public place to keep or maintain any pipeline, telephone line, or pole system in or
upon any of the public streets, alleys, sidewalks or public places if said excavation is for the
purpose of connecting with sewer, water or gas pipeline by such person, then and in that event,
the application and permit may be granted without charge. (19-7/09,577-2/52)
12.12.080 Violation--Nuisance. Any person, firm or corporation who violates any of the
provisions of this chapter is guilty of a MISDEMEANOR, and the obstruction so maintained
shall be deemed to be a public nuisance and be treated as such. (19-7/09)
12.12.090 Construction work--Licensed contractor required. No work of any kind shall be
done or performed upon any street, sidewalk, alley, curb, sewer or gutter in the city unless done
according to state of California Department of Transportation specifications and city standard
plans and by a contractor licensed by the state of California to perform that class of work.
(745-2/60,2022-1/76,2308-10/78)
12.12.100 Construction work--Contractor obtains permit. Before any work mentioned in
section 12.12.090 may be commenced, the contractor doing such work must obtain a permit to do
such work. (745-2/60)
12.12.110 Permit issuance. The Director of Public Works may issue such permit upon payment
of a fee set by resolution of the City Council, or a sum calculated upon a schedule set by
resolution of the City Council. (19-7/09,577-2/52,2022-1/76,2308-10/78,2442-8/80)
12.12.120 Construction work--Supervision and inspection. The work shall be done then
under the inspection and supervision of the Director of Public Works of the city, and he shall
have and is granted authority to prevent the performance or doing of any of said work mentioned
in section 12.12.090 unless the work is done in accordance with the provisions of this chapter.
(745-2/60,2308-10/78)
12.12.130 Construction work--Permit denial--Appeal. In the event the Director of Public
Works refuses for any reason to issue a permit, the applicant may petition the City Council, in
writing, for a hearing to consider said request. (745-2/60,2308-10/78)
12.12.140 Traffic delineation. Any person, firm, or corporation that causes a change in street
access, physical characteristics or a change to or obliteration of existing traffic delineation
E devices, due to private development shall be required to install new traffic delineation devices to
include painted stripes or lines, raised pavement markings or legends as required. This work
shall be accomplished in the following manner:
(a) General Requirements:
(1) All work shall be done in accordance with City of Huntington Beach requirements and
State of California Department of Transportation standards for location and dimensions.
(2) Paint shall be one base coat and one finish coat with reflective beads of the material
specifications approved by the Department of Public Works.
(3) Work shall conform to the plans approved by the Department of Public Works.
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Huntington Beach Municipal Code 12.12.140(a)(4)--12.12.150
(4) All conflicting, existing markings shall be removed by sandblasting and the street shall be
swept.
(5) All required traffic barricades and cones shall be provided and maintained until the
delineations are complete.
(b) Work by city. If the project involves less than one thousand (1000) linear feet of delineation
work, the responsible agency may either perform the work or pay the Department of Public
Works to have this work done by city personnel. Barricading and coning shall be the
developer's responsibility until the city's public works paint section personnel complete the
new traffic delineations. If the city is to perform the work, the cost of this work shall be paid
in advance and be based on the unit costs established by resolution of the City Council,
copies of which shall be available in the Department of Public Works. (2042-4/76)
r
12.12.150 Public liability insurance. The applicant shall furnish to the city and maintain
during the period for which the permit is issued, a public liability insurance policy in which the
City, City Council, elective and appointive officers, employees, boards and commissions of the
city shall be named as additional insureds when acting within the scope of their official duties,
against all claims arising out of or in connection with the activities for which the permit was
obtained. Such public liability insurance policy shall indemnify, defend and hold harmless said
additional insureds. The policy shall provide for not less the following amounts:
Combined sin;?le limit bodily iniury and/or property damage including products liability:
$300,000 combined single limit per occurrence. (2121-12176)
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