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CC SR 20171017 02 - Re-Introduce Ordinance for Haul Route PermitRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/17/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to introduce an ordinance amending Rancho Palos Verdes Municipal Code Chapter 12.04 - Highway Permits. RECOMMENDED COUNCIL ACTION: (1) Re -introduce Ordinance No. 599, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 12.04 (HIGHWAY PERMITS) OF TITLE 12 OF THE CITY'S MUNICIPAL CODE. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Nicole Jules, PE, Deputy Director of Public Works REVIEWED BY: Elias Sassoon, PE, Director of Public Works,,'h APPROVED BY: Doug Willmore, City Manager;; -`-/..-T ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. 599 (page A-1) B. Chapter 12.04 - Redlined (page B-1) BACKGROUND AND DISCUSSION: At the July 19, 2017, and September 5, 2017, City Council meetings, the City Council reviewed and approved, with minor revisions, modifications to Municipal Code Chapter 12.04 (Highway Permits). Those revisions included: Adding property owner information to the application; and, Clarifying soil testing protocol and cost: it is proposed to require environmental testing on fill material when a minor grading permit is obtained or when more than 20 cubic yards of fill material is being transported into the City to a destination either in the public right-of-way or on private property. The applicant is required to provide documentation that the transported fill material is environmentally clean and free of contaminants. If the fill material is from a commercial source (i.e., gravel, sand or native rock) the applicant may request a variance and shall provide written documentation which identifies the source, volume and proposed transport dates. Otherwise, the fill material must be 1 environmentally tested prior to arriving to the destination. The average cost for environmental testing ranges between $1,500 to $2,500 per project. The cost varies depending on the turn -around time for results, with the quicker the turn- around, the higher the cost. Typically, for 20 cubic yards of material (approximately 3 loads) 3 tests are taken which measures for total petroleum hydrocarbons (TPHs) such as oil contaminants including tar, gasoline, diesel and sludge, volatile organic compounds (VOCs) such as paints, pesticides and degreasers or Title 22 Metals such as lead, aluminum, barium. Staff contacted two locally -based environmental management companies to confirm the average cost for environmental testing of fill material. Staff also confirmed that other Cities require similar testing for fill brought into the City (Rolling Hills Estates, for example). If the above changes are acceptable, Ordinance No. 599 (Attachment A) has been revised for re -introduction to codify these revisions. For reference, a redlined version of the revisions to Chapter 12.04 is also provided (Attachment B). ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Direct Staff to further revise Chapter 12.04, and agendize the revised ordinance for re -introduction at the next City Council meeting. 2. Direct Staff to take no action this time. 2 ORDINANCE NO. 599 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 12.04 (HIGHWAY PERMITS) OF TITLE 12 OF THE CITY'S MUNICIPAL CODE WHEREAS, the City Council desires to amend provisions of the Rancho Palos Verdes Municipal Code that describes the type of permits that are issued for work along City streets, sidewalks and public places; and, WHEREAS, on July 19, 2017, the City Council reviewed and conceptually approved amendments to Chapter 12.04 (Highway Permits) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code; and, WHEREAS, the City Council now desires to codify the above-mentioned amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: The facts set forth in the Recitals are true and correct, and are incorporated herein by reference. Section 2: Chapter 12.04 (Highway Permits) of Title 12 (Streets, Sidewalks and Public Places) is hereby amended to read as follows: 12.04.045 Haul Route Permit A. Application: 1. In addition to the information required of an applicant for an encroachment permit of any other permit required by this code, each applicant requesting approval of the haul route permit shall fully and completely submit to the City a written application on a form prepared by the Director of Public Works. 2. Haul Route Permit application must be submitted to and approved by the Public Works Department prior to any loaded truck entering the City or issuance of a grading permit, whichever occurs first. B. Application Contents: The director shall develop an application form and make it available to applicants upon request. The application shall require the following information, in addition to all other information determined necessary by the director: 1. A haul route plan A-1 2. Name, address and telephone number of the applicant 3. Name, address and telephone number of the property owner 4. Project name (if applicable) 5. Origin address 6. Destination address 7. Grading permit (if applicable) 8. Number of trucks 9. Type of material to be hauled, including characterization 10. Documentation of tested material (for import of 20CYor more) 11. Total cubic yards 12. Load Weight (Bill of Lading) 13. Start and end date of hauling 14. Hours of operation 15. 24-hour contact number 16. Traffic Control Plan (if applicable) C. City Business License: The Applicant is required to secure a City Business License and provide proof of insurance in accordance with the City's requirements. D. Permit Fees: The cost of this permit shall be paid by the applicant through a trust deposit pursuant to the City's adopted fee schedule resolution. Section 3: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases hereof be declared invalid or unenforceable. Section 4: Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED, AND ADOPTED this day of 2017. Brian Campbell, Mayor A-2 Attest: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) I, EMILY COLBURN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on October , 2017, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK A-3 Chapter 12.04 - HIGHWAY PERMITS Sections: 12.04.010 - County ordinance adopted. A. Ordinance No. 3597 of the county, known as the Highway Permit Ordinance, as amended and in effect on September 7, 1973, which ordinance regulates streets and highways and provides for permits for the moving of buildings and the making of excavations in public streets and the laying, constructing and repairing of curbs and sidewalks, is adopted. B. Three copies of Ordinance No. 3597 of the county, as amended, are on deposit in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public. (Ord. 15 § 4, 1974) 12.04.020 - Sections 144, 145, 146, 147 and 148 amended—Advertising structures. Notwithstanding the provisions of Section 12.04.010 the Highway Permit Ordinance, being Ordinance No. 3597 of the county is amended by adding Sections 144, 145, 146, 147 and 148 to read: Section 144. No person shall place, change or renew any advertising structure which encroaches in, along, under, over or across any highway or the right-of-way of any highway in the City of Rancho Palos Verdes. Section 145. Any presently existing advertising structure which encroaches in, along, under, over or across any highway or the right-of-way of any highway in the City of Rancho Palos Verdes shall be removed within ten (10) days of the expiration of the permit pertaining thereto. Section 146. Notice, Removal, Storage. (a) Notice. If any public officer designated by the City Manager determines that an advertising structure is installed, used, maintained, or retained in violation of the provisions of this chapter, he shall take reasonable steps to notify the owner thereof as follows: (1) The advertising structure is in violation of the provisions of this chapter for reasons set forth in said notice, and (2) The owner must, within ten (10) days of receipt of notice, remove the advertising structure, or (3) The public officer shall remove the advertising structure and store it as provided in subsections (b) and (c) unless the owner removes the advertising structure pursuant to Part (2) of this subsection. (b) Removal. If, after complying with the notice requirements provided in subsection (a), the advertising structure has not been removed at the expiration of ten (10) days from the date the owner received notice pursuant to Paragraph (a) above, then the public officer shall remove the advertising structure. (c) Storage. If the public officer removes the advertising structure, he shall store the advertising structure in any convenient place designated by the City Manager. The owner of the advertising structure may reclaim the advertising structure from the officer within thirty (30) days of its removal by him. Upon failure of the owner, following notice, to claim such advertising structure and pay the As expenses of removal and storage, within thirty (30) days after such removal, such advertising structure shall be deemed to be unclaimed property in possession of the City and may be disposed of pursuant to the law. The fee for such removal and storage shall be fixed by the City Council by resolution. Section 147. Cumulative Remedies. The remedies set forth in Section 146 for violation of the provisions of this chapter are in addition to any other penalties that may be available to the City. Section 148. "Advertising structure" means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including benches, statuary, for advertising purposes. "Advertising structure" does not include: (a) Official notices issued by any court or public body or officer; (b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; (c) Directional, warning or information structures required by or authorized by law or by federal, state or county authority; (d) A structure erected near the City of Rancho Palos Verdes' boundaries, which contains the name of such city and the names of, or any other information regarding, civic, fraternal or religious organizations located therein. (Ord. 61 § 1, 1974) 12.04.030 - Duties transferred to city. Notwithstanding the provisions of Section 12.04.010 and the provisions of the Highway Permit Ordinance adopted thereby, all powers duties and responsibilities of the road commissioner of the county with respect to permits, inspections, work, administration or otherwise relating to construction, excavations or encroachments in city streets (as more particularly set forth and specified in Sections 100b -100c and 100d of the Highway Permit Ordinance), are transferred to and vested in the director of public works of the city. "Road department" shall mean the public works department of the city in all cases where such term is used in the Highway Permit Ordinance in connection with such construction, excavations or encroachments. "Board of supervisors" shall mean the city council in all cases where such term is used in the Highway Permit Ordinance in connection with such construction, excavations or encroachments. (Ord. 97 § 1 (part), 1978) 12.04.040 - Sections 113, 128, 304, 308, 309, 313 and 709 amended—Sections 307, 314, 315, 710, 1101 and 1102 repealed—Street construction. Notwithstanding the provisions of Section 12.04.010 and the provisions of the Highway Permit Ordinance adopted thereby, the Highway Permit Ordinance is amended by deleting therefrom Sections 307, 314, 315, 710, 1101 and 1102 and amending Sections 113,128, 304, 308, 309, 313 and 709 to read: Section 113. "Highway" means any public highway, public street, public place in the City of Rancho Palos Verdes, either owned by the City or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of right of way, and above and below the same, whether or not such entire area is actually used for highway purposes. Section 128. Any -person engaged in performing work regulated by this Chapter which interferes with or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs, barricades, lights and devices. He shall be responsible for placing and maintaining adequate warning signs, lights, barricades and devices during all periods of his activity in order to promote the safe movement of traffic including but not limited to periods of twilight, fog and/or rain. All warning signs, barriers, barricades, flags, and other devices shall comply with or exceed the standards required in the Vehicle Code. Traffic controls throughout permit construction shall conform to the current State of California "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways." Section 304. The issuance fee for permits shall be established by resolution of the City Council. Section 308. The Director of Public Works shall charge for any related engineering, inspection, administration or other pertinent services on permits for the construction of curbs, gutters, walks and highway surfaces as required in accordance with the provisions of the City of Rancho Palos Verdes Development Code. Section 313. The costs of Director of Public Works for repairing and restoring the highway surface may be charged to a permittee on an actual cost basis. Section 709. A driveway including sideslopes shall not be constructed within a curb return. (Ord. 97 § 1 (part), 1978) 12.04.045 Haul Route Permit A. Application: 1. In addition to the information required of an applicant for an encroachment permit of any other permit required by this code, each applicant requesting approval of the haul route permit shall fully and completely submit to the City a written application on a form prepared by the Director of Public Works. 2. Haul Route Permit application must be submitted to and approved by the Public Works Department prior to any loaded truck entering the City or issuance of a grading permit, whichever occurs first. Application Contents: The director shall develop an application form and make it available to applicants upon request. The application shall require the following information, in addition to all other information determined necessary by the director: 1. A haul route plan 2. Name, address and telephone number of the applicant 3. Name, address and telephone number of the property owner 4. Project name (if applicable) 5. Origin address 6. Destination address 7. Grading permit (if applicable) 8. Number of trucks 9. Type of material to be hauled, including characterization 10. Documentation of tested material (for import greater than 20 cubic Yards) 11. Total cubic yards 12. Load Weight (Bill of Lading) 13. Start and end date of hauling 14. Hours of operation 15. 24-hour contact number 16. Traffic Control Plan (if applicable) C. City Business License: The Applicant is required to secure a City Business License and provide proof of insurance in accordance with the City's requirements. D. Permit Fees: The cost of this permit shall be paid by the applicant through a trust deposit pursuant to the City's adopted fee schedule resolution. 12.04.050 - Engineering services relating to construction and excavation permits under the Highway Permit Ordinance. In the event the permittee cannot obtain an engineering firm to do the desired work with respect to the proposed construction the public works department may provide such services. To guarantee payment of costs incurred by the department in performing such work, the permittee shall deposit with the director of public works an amount, as determined by the director, equal to the projected costs. The amount shall be determined at the time a permit is granted. In the event the amount deposited is insufficient to pay for work performed by the department, the director shall bill the permittee in accordance with Section 501 of the Highway Permit Ordinance. (Ord. 97 § 1 (part), 1978) 12.04.060 - Penalty for violation. Every person who performs any work regulated by this chapter, either without first obtaining a permit therefor from the commissioner or having a permit, fails or refuses to comply with any applicable provisions of this chapter or with any condition of the permit or perform work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs. (Ord. 97 § 1 (part), 1978)