Title
An Ordinance Amending Section 12.12.010 and Adding Section 12.12.180 to the Sacramento City Code, Relating to Excavations (Passed for Publication 11/19/2024; Published 11/22/2024)
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FileID
File ID: 2024-01969
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Location
Location: Citywide
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Recommendation
Recommendation: Pass an Ordinance amending Section 12.12.010 and adding Section 12.12.180 to the Sacramento City Code, relating to excavations.
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Contact
Contact: Gregory Smith, Senior Engineer, (916) 808-8364, gsmith@cityofsacramento.org; Lucinda Willcox, Assistant Director, (916) 808-5052, lwillcox@cityofsacramento.org; Department of Public Works
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Presenter
Presenter: None
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Attachments
Attachments:
1-Description/Analysis
2-Background
3-Ordinance, Clean
4-Ordinance, Redline
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Description/Analysis
IssueDetail
Issue Detail: The increasing frequency of utility excavations in newly constructed and resurfaced streets is leading to significant deterioration of the City’s road infrastructure. These premature penetrations significantly compromise and reduce the lifespan of the pavement, leading to costly repairs and increased maintenance burden. Industry best practices strongly recommend restricting any cutting, trenching or excavation on newly paved roads for a specified period to preserve pavement integrity and maximize roadway lifespan. Typically, municipalities enforce a moratorium period during which excavation permits are not issued for newly paved surfaces, preventing premature damage that can compromise the pavements durability and aesthetic quality. This moratorium is crucial to safeguard the city’s investment in road infrastructure. By preventing excavation soon after road construction or repaving, the city can ensure that the structural integrity of the pavement is preserved and that the lifespan of the road is maximized.
Establishing a clear moratorium policy will help reduce the City’s risk of undermining its own road improvements efforts and prevent the waste of taxpayer money. Cutting into newly paved streets can lead to premature deterioration, causing cracking, settlement, and uneven surfaces, which may require additional repairs far sooner than expected. This not only reduces the effectiveness of the initial investment but also adds to the long-term maintenance costs.
Implementing a moratorium will establish clear guidelines that protect the functional lifespan of newly paved streets. By prohibiting excavations for five years after the last major resurfacing and three years after lighter treatments, the ordinance ensures that the City’s roads can withstand normal wear and tear without unnecessary damage from utility work. This approach not only enhances public safety but also encourages proactive coordination between utility companies and the City, reducing future disruptions and fostering a more efficient use of resources.
Understanding that there are emergencies or unforeseen circumstances, the proposed Ordinance includes a process to consider waivers to the moratorium. Repairs for approved waivers will be determined on a case-by-case basis depending on the extent of the excavation.
PolicyConsiderations
Policy Considerations: The action requested supports the City’s General Plan goals of effectively operating and maintaining transportation facilities and infrastructure to preserve the quality of the system
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EconomicImpacts
Economic Impacts: None.
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EnvironmentalConsiderations
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed ordinance is categorically exempt from CEQA under Section 15301. Existing Facilities, which includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures including (c) Existing highways and streets.
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Sustainability
Sustainability: The proposed ordinance promotes sustainability by extending the lifespan of road infrastructure, which reduces the need for frequent repairs and minimizes vehicle emissions associated with construction activities. By encouraging utility companies to coordinate their work before resurfacing, the ordinance ensures more efficient resource use and less disruption. Overall, this initiative contributes to lower air pollution and supports a more resilient urban environment.
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Commission/CommitteeAction
Commission/Committee Action: On November 12, 2024, the Law and Legislation Committee approved and forwarded to City Council an ordinance amending Section 12.12.010 and adding Section 12.12.180 to the Sacramento City Code, relating to excavations.
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RationaleforRecommendation
Rationale for Recommendation: Enacting moratoriums on excavating recently resurfaced streets is considered a best practice and used by many local agencies. The proposed ordinance would protect Sacramento’s road infrastructure by establishing a moratorium on excavations for five years after the last major resurfacing and three years for lighter treatments. This measure will minimize premature wear and costly repairs from utility work, ensuring the longevity of newly constructed streets. This ordinance will help implement essential safeguards that enhance the quality and efficiency of the City’s transportation network. There are opportunities to allow for waivers for emergency work to ensure there are no delays in necessary underground utility emergency repairs.
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FinancialConsiderations
Financial Considerations: There are minimal administrative costs associated with implementing this ordinance that can be absorbed within the Public Works Operating budget. The overall intent of this ordinance is to reduce the ongoing costs for street repairs.
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LocalBusinessEnterprise(LBE)
Local Business Enterprise (LBE): Not applicable.
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Background
Background: The quality of the City’s roadway infrastructure is essential for the safety and accessibility of residents, for drivers of automobiles as well as buses and cyclists. Excavations from utility work and other projects pose a significant risk to the durability of newly constructed and resurfaced streets, often leading to premature wear and damage that undermines the City’s investments in road improvements.
In response to these challenges, the Citywide Innovation and Efficiency Assessment by Management Partners recommended establishing a moratorium on excavations in newly constructed or resurfaced streets. Specifically, the proposed moratorium would last five years for streets with a new pavement overlay of at least half an inch and three years for streets treated with chip seal, slurry seal coating, or micro paving of less than half an inch. This initiative aims to extend the functional lifespan of road surfaces and reduce costly repairs, while encouraging utility companies to coordinate their work prior to street resurfacing.
To encourage collaboration, the City has reached out to major utility companies, notifying them of the proposed ordinance and inviting their feedback. The purpose of this communication was to facilitate coordination between utility work and the moratorium guidelines.
The proposed ordinance also includes provisions for exceptions, allowing necessary utility work in emergencies or other critical situations. This balanced approach prioritizes public safety and service continuity while protecting the City’s road infrastructure.
By adopting this ordinance, Sacramento will align its practices with other municipalities that have successfully implemented similar measures. This proactive strategy not only enhances the sustainability of the City’s transportation infrastructure but also improves overall roadway quality for all who rely on the City streets.
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