Ordinance No. 10601
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ORDINANCE NO. 1060
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTIONS 22.29, 22.31, 22.35,
22.46, 22.48, 22.79, AND 22.86 OF THE CODE OF
THE CITY OF VERNON, CALIFORNIA, 1959, RELATING
TO ENCROACHMENT PERMITS AND FRANCHISES; ADDING
SECTION 22.49-1 TO SAID CODE RELATING TO
INDEMNITY AND INSURANCE REQUIREMENTS; ADDING
SECTION 22.90 TO SAID CODE RELATING TO TRAFFIC
CONTROL; ADDING SECTIONS 22.100 THROUGH 22.105
TO SAID CODE RELATING TO STREET CLOSURES AND
DETOURS; AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the Alameda Corridor Transportation Authority
J("ACTA") plans to construct a 20-mile rail corridor consisting of
(multiple main -line rail tracks that will run along Alameda Street
las it passes through the City of Vernon; and
WHEREAS, ACTA received permission to construct the
corridor from the federal Surface Transportation Board in a
decision dated May 28, 1996; and
WHEREAS, the corridor will lie in a depressed trainway
lalong that part of Alameda Street within the City of Vernon; and
WHEREAS, construction of the depressed trainway will
(require removal of large quantities of earth, which will in turn
generate significant construction traffic in and out of the
construction zone; and
WHEREAS, construction of portions of the Alameda Corridor
lin cities adjacent to the City of Vernon may result in the
detouring of traffic from such cities onto City of Vernon streets
for extended periods of time; and
WHEREAS, City of Vernon streets have been used for
(detours by other cities and agencies as a result of construction
projects, and City of Vernon regulation of such detours is
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necessary to prevent significant impact and unwarranted
interference with traffic regulation, traffic patterns, and street
jusage in the City; and
WHEREAS, use of City of Vernon streets by other cities
and agencies impacts the maintenance and cost of the City's
infrastructure, creates hazards, and increases the cost of police
and fire department services; and
WHEREAS, it will benefit the health, safety, and general
welfare of the City of Vernon, its residents, businesses, and
employees to adopt the provisions contained herein.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
amends the definition of "encroach" contained in Section 22.29 of
the Code of the City of Vernon by revising subsection (d) in its
entirety to read as follows:
"Laying, constructing, re -constructing, repairing or
opening pipe, conduit, ducts, tunnels, manholes, vaults,
buried cables, wire, sprinkler systems, sewer connections,
test holes, rails or any other similar structure;"
SECTION 3: The City Council of the City of Vernon hereby
amends the definition of "encroach" contained in Section 22.29 of
the Code of the City of Vernon by adding subsection (k) thereto to
read as follows:
"(k) Staging or parking construction related vehicles as
part of construction operations for two or more consecutive
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days."
SECTION 4: The City Council of the City of Vernon hereby
amends the definition of "traffic engineer" contained in Section
122.29 of the Code of the City of Vernon, in its entirety to read
J as follows:
"Traffic engineer. The city engineer of the city, or his
designee."
SECTION 5: The City Council of the City of Vernon hereby
amends the definition of "utility" contained in Section 22.29 of
the Code of the City of Vernon, in its entirety to read as
follows:
"Utility. Any private company or corporation, or
governmental agency, municipal department or joint powers
authority engaged in providing a service to the general
public including gas, electricity, telephone, water, or
railroad and any such company, corporation, governmental
agency, municipal department or joint powers authority having
obtained a certificate of public convenience and necessity
from the Public Utilities Commission of the State of
California, or having obtained any similar certificate issued
by a federal agency having jurisdiction over such utility."
SECTION 6: The City Council of the City of Vernon hereby
amends Section 22.31 of the Code of the City of Vernon, in its
entirety to read as follows:
"It shall be unlawful for any person, firm, company,
public agency or corporation, organization or association, to
encroach or cause an encroachment of any nature to be made
upon, over or under the public street or right-of-way in the
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city without first obtaining a written permit as provided in
this article. Expansion, reconstruction or alteration of an
encroachment originally created or constructed without such a
permit shall require a permit as provided in this article."
SECTION 7: The City Council of the City of Vernon hereby
amends Section 22.35 of the Code of the City of Vernon, in its
jentirety to read as follows:
"The provisions of this article shall not apply to work
performed within a city right-of-way by the city, its
employees or contractors."
SECTION 8: The City Council of the City of Vernon hereby
amends Section 22.46 of the Code of the City of Vernon in its
entirety to read as follows:
Sec. 22.46 Same -- When fee not required.
The city council may, in its discretion, relieve other
governmental agencies from the fees imposed by this article.
Factors the council may consider include, without limitation,
whether the city will incur expenses for engineering,
inspection, testing, resurfacing or other work in connection
with the permit. Authorization by the city council for the
issuance of a permit without payment of a fee shall not
relieve the governmental agency from filing a written
application for a permit or from compliance with all other
applicable provisions of this article.
SECTION 9: The City Council of the City of Vernon hereby
amends Section 22.48 of the Code of the City of Vernon in its
entirety to read as follows:
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1 Sec. 22.48 Same -- Exemption from deposit requirement.
2 (a) Government agencies and public utilities. The city
3 council may, it its discretion, relieve other governmental
4 agencies, public corporations, public utilities and their
5 contractors from the requirements of section 22.47. Factors
6 the council may consider include, without limitation, whether
7 the city will incur expenses for engineering, inspection,
8 testing, resurfacing or other work in connection with the
9 permit.
10 (b) Compliance required. Exemption from the posting of
11 a deposit does not relieve the governmental agency, public
12 corporation, public utility or contractor from filing a
13 written application for a permit or from compliance with all
14 other applicable provisions of this article.
15 SECTION 10: The City Council of the City of Vernon hereby
16 adds Section 22.49-1 to the Code of the City of Vernon, to read as
17 follows:
18 Sec. 22.49-1. Same -- Indemnity and Insurance
19 (a) Each permit issued pursuant to this article shall
20 be conditioned such that the permittee agrees to indemnify, defend
21 and hold harmless the city and each officer, agent and employee
22 thereof from any liability or responsibility for any accident,
23 loss or damage to persons or property happening or occurring as a
24 proximate result of the encroachment or construction thereof.
25 (b) The permittee shall secure and keep in full force
26 and effect at all times with respect to work performed pursuant to
27 the permit a policy or policies of liability and property damage
28 insurance, written by a company or companies authorized to do
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business in the state of California, in which policies the city,
its officers, agents and employees shall be named as additional
insureds, in amounts established by schedules adopted for that
purpose by resolution of the City Council. The permittee shall
also secure and maintain workers compensation insurance as
required by law. The permittee shall show satisfactory proof of
all such insurance before issuance of a permit pursuant to this
article.
SECTION 11: The City Council of the City of Vernon hereby
amends Section 22.79 of the Code of the City of Vernon, in its
entirety to read as follows:
"The franchise as required by this article shall be
granted by the city council by ordinance for any lawful use
subject to conditions set forth in this article and required
by the state Public Utilities Code or other applicable law.
The traffic engineer shall prescribe and provide a regular
form of application for a franchise required by this article.
The application form shall contain space for the utility's
name, address, location of encroachment, dimensions of
encroachment, desired term (whether definite or
indeterminate) together with such details as in the judgment
of the traffic engineer as necessary to establish the purpose
and use of the encroachment. The application shall be
completed and signed by the applicant and filed with the
traffic engineer. The franchise holder shall present to the
city council satisfactory evidence the proposed encroachments
will not interfere with any existing highway structures or
other utility facilities."
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SECTION 12: The City Council of the City of Vernon hereby
amends Section 22.86 of the Code of the City of Vernon, in its
Jentirety to read as follows:
"The franchise holder shall construct, install and
maintain the encroachment in accordance and in conformity
with all of the ordinances and rules adopted by the city
council and not in conflict with the paramount authority of
the state or federal government, and, as to public streets,
subject to the laws relating to the location and maintenance
of such encroachment therein."
SECTION 13 The City Council of the City of Vernon hereby
adds Section 22.90 to the Code of the City of Vernon, to read as
(follows:
Sec. 22.90. Traffic control.
(a) A traffic control plan may be required by the
traffic engineer, which shall include a drafted, 1" = 40'
scale plan delineating base conditions, construction impact
areas, site -specific detour operations, including traffic
striping, pavement and curb markings, traffic control signs,
signals, delineators, barricades, and traffic management
requirements, at a precise level of detail. The
determination of whether a traffic control plan is required
shall be based upon the factors set forth in subsection (b)
of this section. The traffic control plan shall be prepared
under the direction of a traffic engineer or a civil engineer
experienced in the preparation of traffic control plans and
registered in the state of California, and shall have the
signed approval of the traffic engineer prior to issuance of
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the appropriate permit. Each official copy shall be stamped
by the registered engineer and countersigned in ink on the
face of the transparency and all official copies. The
countersigned transparency and a reasonable number of
official copies, as determined by the traffic engineer, are
to be retained by the department of community services.
(b) A traffic control plan may be required by the
traffic engineer when the activity or work in the street
necessitate that:
(1) Two or more traffic lanes be closed for more
than 48 hours; or
(2) Motorists are diverted to the left of an
existing double -yellow center line for two or more
consecutive nights and restriping is required; or
(3) The work is in or adjacent to an intersection
and results in a transition within the intersection; or
(4) Traffic will be diverted for an extended
period of time; or
(5) A construction fence, canopy, scaffolding or
similar structure is installed in a traffic lane within the
roadway; or
(6) A sidewalk is to be closed and pedestrians are
required to walk in a traffic lane normally utilized by
vehicular traffic; or
(7) Temporary restriping is required; or
(8) A plan is necessary due to unusual roadway or
traffic conditions.
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(c) Applicants for any permit under this article,
including the staging or parking of construction related
vehicles, shall be subject to the traffic control
requirements and traffic management fees imposed by this
section. The applicant shall retain a photocopy of the
permit with attachments at the worksite.
(1) For work within a roadway, the applicant shall
normally be required to maintain at least one lane of traffic
on a one-way street, and one lane of traffic in each
direction on a two-way street, unless a temporary street
closure is approved. The applicant shall also maintain those
traffic control devices and flashing arrow signs shown in the
latest edition of the Work Area Traffic Control Handbook
(WATCH manual) and the State of California Traffic Manual. A
traffic control plan may be required as determined by the
traffic engineer pursuant to the criteria listed in
subsection (b) of this section.
(2) The traffic engineer may require the applicant
to submit work schedules, staging plans, and dimensioned
scaled drawings showing the proposed work areas, official
street center lines, curb lines, adjacent intersections,
existing striping, existing parking controls, existing
driveways, and proposed detour traffic controls for each
stage of work. The traffic engineer may also require the
applicant to submit a traffic impact analysis supporting the
feasibility and adequacy of the proposed traffic control
plan. If approval for the proposed work or time period of
work is denied by the traffic engineer, then the applicant
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may appeal to the city council pursuant to subsection (g) of
this section.
(3) If the traffic engineer or City Council
grants the application, then the applicant shall be charged a
traffic management fee and assigned traffic control
conditions to be incorporated in the appropriate permit.
Conditions shall include traffic management strategies within
the public right-of-way, including general traffic control
requirements, traffic control devices, traffic lane
requirements and lane closures, hours approved for
construction, detours to be implemented by the applicant and,
if determined to be necessary by the traffic engineer, a
traffic control plan.
(d) Applicants intending to import or export in excess
of 1,000 cubic yards of earth shall be subject to approval of
truck haul routes and truck staging areas by the traffic
engineer. The traffic management fee shall not apply to
truck haul routes.
(e) A request for a temporary street closure for more
than 48 hours pursuant to section 22.104 of this Code shall
be filed with the traffic engineer, who shall forward the
same to the city council for determination. The city council
shall not, in any case, act on an application for a temporary
street closure before receiving from the traffic engineer a
recommendation with respect thereto, with an attached
approved traffic control plan or a statement that such plan
is not required.
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(f) A traffic management fee in an amount established by
council resolution shall be assessed to permittees to perform work
within a roadway. The number of lanes, days, and city blocks to
be applied shall be determined during the course of the roadway
work and certified by the traffic engineer or his designee, as
appropriate. The applicant shall deposit an amount estimated to
be equal to the final fee plus a 15 percent contingency allowance
with the traffic engineer before the permit to perform such work
is issued by the city. Applicants who have an executed agreement
with the city to cover associated costs related to work within a
roadway shall not be subject to said deposit.
(g) The provisions of this section shall not be
applicable to emergency work. However, the traffic engineer
shall be notified by the person conducting the emergency work
as soon as practical. Emergency work is work in response to
a situation or condition requiring immediate action to
alleviate a hazard representing an immediate threat to life,
health, safety, or property. It includes continuous efforts
to effect the restoration of interrupted utility services
such as electrical, water, gas and telecommunications
services.
(h) Any person aggrieved by any decision of the traffic
engineer pursuant to this article may appeal to the city
council by filing a written request with the city clerk
within 15 days of such decision. The city clerk shall cause
the appeal to be placed on the next available council agenda.
The decision of the city council shall be final.
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SECTION 14: The City Council of the City of Vernon hereby
amends Chapter 22, "Streets and Sidewalks," of the Code of the
City of Vernon, by adding Article VI, "Street Detours" and
Sections 22.100 through 22.105, to read as follows:
ARTICLE VI. STREET CLOSURES AND DETOURS.
Sec. 22.100. Closure of a city street.
No street in the city shall be temporarily closed for
more than 48 hours without authorization from the city
council except in case of emergency.
Sec. 22.101. Detour signs.
Detour signs shall be erected at the nearest points of
detour from that portion of a street or bridge which is
closed to traffic while under construction or repair.
Sec. 22.102. Use of city streets for detours; permit.
No street in the city shall be used as a detour route
for more than 48 hours by any person or by any other local or
regional public agency without a permit issued by the city
council.
Sec. 22.103. Conditions of detour permit.
The city council may impose reasonable terms,
conditions, and restrictions on the closure of any city
street, or use of a street for a detour, including but not
limited to, the following:
(a) Limitations on hours of operations.
(b) Installation and maintenance of detour signs
according to city specifications.
(c) Repainting of street striping, crosswalks, and
directions according to city specifications.
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(d) Installation of safety precautions, including
signs, striping dots, striping reflectors, and speed bumps.
(e) Street improvements, including turn lanes, widening,
curb, gutter, sidewalk, traffic signals, and above or below grade
11 crossings.
Sec. 22.104. Application.
An application for a permit to close a city street for
more than 48 hours or maintain a detour in or through the
city shall be submitted to the city council on a form
prepared by the traffic engineer and accompanied by an
application fee in an amount set by resolution of the city
council.
Sec. 22.105. Detour permit fee; bonds.
The applicant for a detour permit shall pay an
application fee and a monthly fee in the amounts set by
resolution of the city council. The applicant shall post a
performance or other bond as required by the city council.
SECTION 11: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 12: If any section, subsection, sentence,
clause, or phrase or word of this ordinance is for any reason held
to be void or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance; it being the
intention of the City Council of the City of Vernon to adopt and
pass this ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that one or more of the
sections, subsections, clauses, sentences or phrases thereof may
be declared void or unconstitutional.
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SECTION 13: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with Section 36933 of the
Government Code, in three (3) of the most public places in the
City of Vernon, to wit: the northwest corner of 38th Street and
Santa Fe Avenue, the northeast corner of Leonis Boulevard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
the City of Vernon, County of Los Angeles, State of California.
SECTION 14: This ordinance shall be in full force and
effect thirty (30) days from and after its passage.
APPROVED AND ADOPTED this 140day of April , 1998.
EONIS C. MA URG, yor
ATTES
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1060, was duly and regularly introduced at an
adjourned regular meeting of the City Council of the City of
Vernon, held on Tuesday, March 24, 1998, and thereafter finally
adopted at a regular meeting of said City Council held on Tuesday,
April 14 1998, and thereafter was duly signed by the Mayor of
the City of Vernon, by the following vote:
(SEAL)
AYES: Councilmen: Malburg, Ybarra, Davis,
Gonzales, McCormick
NOES: Councilmen: None
ABSENT: Councilmen: None
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT A
CHAPTER 22. STREETS AND SIDEWALKS.
ARTICLE VI. STREET CLOSURES AND DETOURS.
Sec. 22.100. Closure of major city street.
No major street in the city shall be temporarily closed
without authorization from the city council except in case of
emergency.
Sec. 22.101. Detour signs.
Detour signs shall be erected at the nearest points of detour
from that portion of a street or bridge which is closed to traffic
while under construction or repair.
Sec. 22.102. Use of city streets for detours; permit.
No street in the city shall be used as a detour route by any
person or by any other local or regional public agency without a
permit issued by the city council.
Sec. 22.103. Conditions of detour permit.
The city council may impose reasonable terms, conditions, and
restrictions on the closure of any city street, or use of a street
for a detour, including but not limited to, the following:
a. Limitations on hours of operations.
b. Installation and maintenance of detour signs according to
city specifications.
C. Repainting of street striping, crosswalks, and directions
according to city specifications.
d. Installation of safety precautions, including signs,
striping dots, striping reflectors, and speed bumps.
I of 2 - A EXHIBIT A
e. Street improvements, including turn lanes, widening,
curb, gutter, sidewalk, traffic signals, and above or below grade
crossings.
Sec. 22.104. Application.
An application for a permit to close a city street or maintain
a detour in or through the city shall be submitted to the city
council on a form prepared by the traffic engineer and accompanied
by an application fee in an amount set by resolution of the city
council.
Sec. 22.105. Detour permit fee; bonds.
The applicant for a detour permit shall pay an application fee
and a monthly fee in the amounts set by resolution of the city
council. The applicant shall post a performance or other bond as
required by the city council.
2 of 2 - A
SUPPORTING
DOCUMENTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF VERNON
AFFIDAVIT OF POSTING
ss
I, Gloria, J. Orosco, Chief Deputy City Clerk )f the City of
Vernon, do hereby certify that on the ���day of 1998,
I did have posted three (3) copies of:
ORDINANCE NO. 1060 - An Ordinance of the City
Council of the City of Vernon Amending
Sections 22.29, 22.31, 22.35, 22.46, 22.48,
22.79, and 22.86 of the Code of the City of
Vernon, California, 1959, Relating to
Encroachment Permits and Franchises; Adding
Section 22.49-1 to Said Code Relating to
Indemnity and Insurance Requirements; Adding
Section 22.90 to Said Code Relating to
Traffic Control; Adding Sections 22.100
Through 22.105 to Said Code Relating to
Street Closures and Detours; and Repealing
All Ordinances or Parts of Ordinances in
Conflict Therewith
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd., and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
2G oria J. Oros
yhhief Deputy City Clerk
Date: Z�/A ,V
SHARON L OUCKWORIN
Notay Pubic — OdloOlis
LOS ANGELM %AAMK
My Comm. E)q*n AM 9.1"t
Subscribed and sworn to before
me this 2g"-of (4pj�jl 1998
Notary Public in and for the
County of Los Angeles, State of
California
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORNUCK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
AVID B. BREARLEY
n , City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
March 16, 1998
City Council
City of Vernon
Honorable Members:
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In reviewing the Alameda Corridor Project, it has become apparent
that the City Code does not adequately address traffic detouring
for construction projects within the City limits. The Community
Services Department, working in cooperation with the City
Attorney's office, has developed the attached ordinance that
allows the traffic engineer to require traffic control plans
under certain circumstances, including the following:
1. Two or more traffic lanes be closed for more than
48 hours; or
2. Motorists are diverted to the left of an existing
double -yellow center line for two or more consecutive nights and
restriping is required; or
3. The work is in or adjacent to an intersection and
results in a transition within the intersection; or
4. Traffic will be diverted for an extended period of
time; or
S. A construction fence, canopy, scaffolding or
similar structure is installed in a traffic lane within the
roadway; or
6. A sidewalk is to be closed and pedestrians are
required to walk in a traffic lane normally utilized by vehicular
traffic; or
City Council
City of Vernon
March 16, 1998
Page 2
7. Temporary restriping is required; or
8. A plan is necessary due to unusual roadway or
traffic conditions.
Additionally, the traffic engineer may require the applicant for
an encroachment to submit work schedules, staging plans, drawings
showing proposed work areas, and a traffic impact analysis.
The ordinance also allows the traffic engineer to set work hours
and approve haul routes when 1000 cubic yards of soil or more are
imported or exported, establish procedures for temporary street
closures and assess a traffic management fee to permittees.
Lastly, the ordinance requires applicants for encroachment
permits to show proof of liability and property insurance and
workers' compensation. The applicant shall also indemnify and
hold the City and its officers harmless.
This has been reviewed by the Director of Community Services and
the City Attorney, and it is hereby recommended that the
ordinance be approved. Approval of this ordinance will give the
City a tool to ensure that any traffic impacts from construction
projects are properly mitigated.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/mm
enclosures
March 11, 1998
TO: Bruce V. Malkenhorst - City Administrator/City Clerk
FROM: Samuel "Kevin" Wilson - Director of Community Services
& Water
SUBJECT: TRAFFIC CONTROL
In our review of the Alameda Corridor Project it has become
apparent that the City Code does not adequately address traffic
detouring for construction projects within our city limits. The
Community Services Department, working in cooperation with the
City Attorney's office, has developed the attached ordinance that
allows the traffic engineer to require traffic control plans
under certain circumstances, including the following:
(1) Two or more traffic lanes be closed for more than 48
hours; or
(2) Motorists are diverted to the left of an existing
double -yellow center line for two or more consecutive
nights and restriping is required; or
(3) The work is in or adjacent to an intersection and
results in a transition within the intersection; or
(4) Traffic will be diverted for an extended period of time;
or
(5) A construction fence, canopy, scaffolding or similar
structure is installed in a traffic lane within the
roadway; or
(6) A sidewalk is to be closed and pedestrians are required
to walk in a traffic lane normally utilized by vehicular
traffic; or
(7) Temporary restriping is required; or
(8) A plan is necessary due to unusual roadway or traffic
conditions.
page 2
Traffic Control
Additionally, the traffic engineer may require the applicant
for an encroachment to submit work schedules, staging plans,
drawings showing proposed work areas, and a traffic impact
analysis.
The ordinance also allows the traffic engineer to set work
hours and approve haul routes when 1000 cubic yards of soil or
more are imported or exported, establish procedures for
temporary street closures and assess a traffic management fee to
permittees.
Lastly, the ordinance requires applicants for encroachment
permits to show proof of liability and property insurance and
workers compensation. The applicant shall also indemnify and
hold the city and its officers harmless.
It is my recommendation that the ordinance be approved at
our next meeting. It is my opinion that the approval of this
ordinance will give the City a tool to ensure that any traffic
impacts from construction projects are properly mitigated.
SKW/kb
Attachments
cc: City Attorney
03/11/98 09:54 FAX 626!,330.� 5118 b -. DA91D B31BREAMY 4-+-► C/S &,.WAn. JR
cc%1X=xtrt.013 3111/9e ORDINANCE NO. 1 XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTIONS 22.29, 22.31, 22.35,
22.46, 22.48, 22.79, AND 22.86 OF THE CODE OF
THE CITY OF VERNON, CALIFORNIA, 1959, RELATING
TO ENCROACHMENT PERMITS AND FRANCHISES; ADDING
SECTION 22.49-1 TO SAID CODE RELATING TO
INDEMNITY AND INSURANCE REQUIREMENTS; ADDING
SECTION 22.90 TO SAID CODE RELATING TO TRAFFIC
CONTROL; ADDING SECTION 22.100 TO 22.105
RELATING TO STREET CLOSURES AND DETOURS; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT THEREWITH
WHEREAS, the Alameda Corridor Transportation Authority
("ACTA") plans to construct a 20-mile rail corridor consisting of
multiple main -Line rail tracks that will run along Alameda street
as it passes through the City of Vernon; and
WHEREAS, ACTA received permission to construct the
corridor from the federal Surface Transportation Board in a
decision dated May 28, 1996; and
WHEREAS, the corridor will lie in a depressed trainway
along that part of Alameda Street within the City of Vernon; and
WHEREAS, construction of the depressed trainway will
require removal of large quantities of earth, which will in turn
generate significant construction traffic in and out of the
construction zone; and
WHEREAS, construction of portions of the Alameda Corridor
in cities adjacent to the City of Vernon may result in the
detouring of traffic from such cities onto City of Vernon streets
for extended periods of time; and
WHEREAS, City of Vernon streets have been used for
detours by other cities and agencies as a result of construction
projects, and City of Vernon regulation of such detours is
03/11/98 09:55 FAX 6260b6b=-5%18 G DAViD $38RMLEY 4-►-* CIS &. DATER DEBT"'=`Qlaoa/o16`-
necessary to prevent significant impact and unwarranted
interference with traffic regulation, traffic patterns, and street
usage in the City; and
WHEREAS, use of City of Vernon streets by other cities
and agencies impacts the maintenance and cost of the City"s
infrastructure, creates hazards, and increases the cost of police
and fire department services; and
WHEREAS, it will benefit the health, safety, and general
welfare of the City of Vernon, its residents, businesses, and
employees to adopt the provisions contained herein.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
amends the definition of "encroach" contained in Section 22.29 of
the Code of the City of Vernon by revising subsection (d) in its
entirety to read as follows:
"Laying, constructing, re -constructing, repairing or
opening pipe, conduit, ducts, tunnels, manholes, vaults,
buried cables, wire, sprinkler systems, sewer connections,
test holes, rails or any other similar structure;"
SECTION 3: The City Council of the City of Vernon hereby
amends the definition of "encroach" contained in Section 22.29 of
the Code of the City of Vernon by adding subsection (k) thereto to
read as follows:
"(k) Staging or parking construction related vehicles as
part of construction operations for two or more consecutive
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days."
SECTION 4: The city Council of the City of Vernon hereby
amends the definition of "traffic engineer" contained in Section
22.29 of the Code of the City of Vernon, in its entirety to read
as follows:
."Traffic engineer. The city engineer of the city, or his
designee."
SECTION 5: The City Council of the City of Vernon hereby
amends the definition of "utility" contained in Section 22.29 of
the Code of the City of Vernon, in its entirety to read as
follows:
"Utility. Any private company or corporation, or
governmental agency, municipal department or joint powers
authority engaged in providing a service to the general
public including gas, electricity, telephone, water, or
railroad and any such company, corporation, governmental
agency, municipal department or joint powers authority having
obtained a certificate of public convenience and necessity
from the Public Utilities Commission of the State of
California, or having obtained any similar certificate issued
by a federal agency having jurisdiction over such utility."
SECTION 6: The City Council of the City of Vernon hereby
amends Section 22.31 of the Code of the City of Vernon, in its
entirety to read as follows:
"It shall be unlawful for any person, firm, company,
public agency or corporation, organization or association, to
encroach or cause an encroachment of any nature to be made
upon, over or under the public street or right-of-way in the
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03/11/98 09:56 FAX 620133p,-s5818 c :,;; :__DAVID: B-BREARLEY ... C/s.4V fAt9R,2ftftU2)jae05416
city without first obtaining a written permit as provided in
this article. Expansion, reconstruction or alteration of an
encroachment originally created or constructed without such a
permit shall require a permit as provided in this article."
SECTION 7: The City Council of the City of Vernon hereby
amends Section 22.35 of the Code of the City of Vernon, in its
entirety to read as follows:
"The provisions of this article shall not apply to work
performed within a city right-of-way by the city, its
employees or contractors."
SECTION 8: The City Council of the City of Vernon hereby
amends Section 22.46 of the Code of the City of Vernon in its
entirety to read as follows:
See. 22.46 same -- When fee not required.
The city council may, in its discretion, relieve other
governmental agencies from the fees imposed by this article.
Factors the council may consider include, Without limitation,
Whether the city will incur expenses for engineering,
inspection, testing, resurfacing or other work in connection
with the permit. Authorization by the city council for the
issuance of a permit without payment of a fee shall not
relieve the governmental agency from filing a Written
application for a permit or from compliance with all other
applicable provisions of this article.
SECTION 4: The City Council of the City of Vernon hereby
amends Section 22.48 of the Code of the City of Vernon in its
entirety to read as follows:
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03/11/98 09: 57 FAX 626 ()Si*'6 �N8 Os : !-,DXVI Dc' B3 9REEAkLEY ... US &):W11U9 BE?-V=LQa08'/OI&' t
Sec. 22.48 Same -- Examption from deposit requirement.
(a) Government agencies and public utilities. The city
council may, it its discretion, relieve other governmental
agencies, public corporations, public utilities and their
contractors from the requirements of section 22.47. Factors
the council may consider include, without limitation, whether
the city will incur expenses for engineering, inspection,
testing, resurfacing or other work in connection with the
permit.
(b) Compliance required. Exemption from the posting of
a deposit does not relieve the governmental agency, public
corporation, public utility or contractor from filing a
written application for a permit or from compliance with all
other applicable provisions of this article.
SECTION 10: The City Council of the City of Vernon hereby
adds Section 22.49-1 to the Code of the City of Vernon, to read as
follovs:
Sec. 22.49-2. Same -- Indemnity and Insurance
(a) Each permit issued pursuant to this article shall
be conditioned such that the permittee agrees to indemnify, defend
and hold harmless the city and each officer, agent and employee
thereof from any liability or responsibility for any accident,
loss or damage to persons or property happening or occurring as a
proximate result of the encroachment or construction thereof.
(b) The permittee shall secure and keep in full force
and effect at all times with respect to work performed pursuant to
the permit a policy or policies of liability and property damage
insurance, written by a company or companies authorized to do
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03/11/98 . 09:57 FAX 6260430� 64i8 ". ` DA1^f] B' I Y =+-►-► C/S &.',WATER`bEPT'I-)i O-07/Oid`
business in the state of California, in which.policies the city,
its officers, agents and employees shall be named as additional
insureds, in amounts established by schedules adopted for that
purpose by resolution of the City Council. The permittee shall
also secure and maintain workers compensation insurance as
required by law. The permittee shall show satisfactory proof of
all such insurance before issuance of a permit pursuant to this
article.
SECTION 11: The City Council of the City of Vernon hereby
amends Section 22.79 of the Code of the City of Vernon, in its
entirety to read as follows:
"The franchise as required by this article shall be
granted by the city council by ordinance for any lawful use
subject to conditions set forth in this article and required
by the state Public Utilities Code or other applicable law.
The traffic engineer shall prescribe and provide a regular
form of application for a franchise required by this article.
The application form shall contain space for the utility's
name, address, location of encroachment, dimensions of
encroachment, desired term (whether definite or
indeterminate) together with such details as in the judgment
of the traffic engineer as necessary to establish the purpose
and use of the encroachment. The application shall be
completed and signed by the applicant and filed with the
traffic engineer. The franchise holder shall present to the
city council satisfactory evidence the proposed encroachments
will not interfere with any existing highway structures or
other utility facilities."
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03/11/98 09:58 FAX 62603301.6%18 0P. 55 F.bAVfb 9,`MULEY 444' CIS "&A-W LT'M V9PT-` 1@oo -/0'16` L `•'
SECTION 12: The city Council of the City of Vernon hereby
amends section 22.86 of the Code of the City of Vernon, in its
entirety to read as follows:
"The franchise holder shall construct, install and
maintain the encroachment in accordance and in conformity
with all of the ordinances and rules adopted by the city
council and not in conflict with the paramount authority of
the state or federal government, and, as to public streets,
subject to the laws relating to the location and maintenance
of such encroachment therein."
SECTION 13 The City Council of the City of Vernon hereby
adds Section 22.90 to the Code of the City of Vernon, to read as
follows:
Bee. 22.90. Traffic control.
(a) A traffic control plan may be required by the
traffic engineer, which shall include a drafted, 1" = 40f
scale plan delineating base conditions, construction impact
areas, site -specific detour operations, including traffic
striping, pavement and curb markings, traffic control signs,
signals, delineators, barricades, and traffic management
requirements, at a precise level of detail. The
determination of whether a traffic control plan is required
shall be based upon the factors set forth in subsection (b)
of this section. The traffic control plan shall be prepared
under the direction of a traffic engineer or a civil engineer
experienced in the preparation of traffic control plans and
registered in the state of California, and shall have the
signed approval of the traffic engineer prior to issuance of
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03/11/98 09:58 FAX 626c23. Zft8 off; 5� DOIDB,'BREXRLEY -f-+4 C/S &' WATER MSTrlIz0,09/016
the appropriate permit. Each official copy shall be stamped
by the registered engineer and countersigned in ink on the
face of the transparency and all official copies. The.
countersigned transparency and a reasonable number of
official copies, as determined by the traffic engineer, are
to be retained by the department of community services.
(b) A traffic control plan may be required by the
traffic engineer when the activity or work in the street
necessitate that:
(1) Two or more traffic lanes be closed for more
than 48 hours; or
(2) Motorists are diverted to the left of an
existing double -yellow center line for two or more
consecutive nights and restriping is required; or
(3) The work is in or adjacent to an intersection
and results in a transition within the intersection; or
(4) Traffic will be diverted for an extended
period of time; or
(5) A construction fence, canopy, scaffolding or
similar structure is installed in a traffic lane within the
roadway; or
(6) A sidewalk is to be closed and pedestrians are
required to walk in a traffic lane normally utilized by
vehicular traffic; or
(7) Temporary restriping is required; or
(8) A plan is necessary due to unusual roadway or
traffic conditions.
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01/11/98 0 9 : 59 FAX 62"SW18 f ..- Q; -';= bA ID P;" BREARLEY 444 qp 1611e 6
(c) Applicants for any permit under this article,
including the staging or parking of construction related
vehicles, shall be subject to the traffic control
requirements and traffic management fees imposed by this
section. The applicant shall retain a photocopy of the
permit with attachments at the worksite.
(1) For work within a roadway, the applicant shall
normally be required to maintain at least one lane of traffic
on a one-way street, and one lane of traffic in each
direction on a two-way street, unless a temporary street
closure is approved. The applicant shall also maintain those
traffic control devices and flashing arrow signs shown in the
latest edition of the Work Area Traffic Control Handbook
(WATCH manual) and the State of California Traffic Manual. A
traffic control plan may be required as determined by the
traffic engineer pursuant to the criteria listed in
subsection (b) of this section.
(2) The traffic engineer may require the applicant
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03/11/98 10:00 FAX 6260330' 5818 0 OC PAbO ii $4MARXEY 444 C/S VWATER: $9P-TRTJQOii-'016S ez V
may appeal to the city council pursuant to subsection (g) of
this section.
(3) if the traffic engineer or City Council
grants the application, then the applicant shall be charged a
traffic management fee and assigned traffic control
conditions to be incorporated in the appropriate permit.
Conditions shall include traffic management strategies within
the public right-of-way, including general traffic control
requirements, traffic control devices, traffic lane
requirements and lane closures, hours approved for
construction, detours to be implemented by the applicant and,
if determined to be necessary by the traffic engineer, a
traffic control plan.
(d) Applicants intending to import or export in excess
of 1,000 cubic yards of earth shall be subject to approval of
truck haul routes and truck staging areas by the traffic
engineer. The traffic management fee shall not apply to
truck haul routes.
(a) A request for a temporary street closure for more
than 48 hours pursuant to section 22.104 of this Code shall
be filed with the traffic engineer, who shall forward the
same to the city council for determination. The city council
shall not, in any case, act on an application for a temporary
street closure before receiving from the traffic engineer a
recommendation with respect thereto, with an attached
approved traffic control plan or a statement that such plan
is not required.
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03/11/98 10:00 FAX 626 OAOj_f,84A 1(' ,<DAVJDf-B.,BREULEY 444 c/s &DWM1ZD
(f) A traffic management fee in an amount established by
council resolution shall be assessed to permittees to perform work
within a roadway. The number of lanes, days, and city blocks to
be applied shall be determined during the course of the roadway
work and certified by the traffic engineer or his designee, as
appropriate. The applicant shall deposit an amount estimated to
be equal to the final fee plus a 15 percent contingency allowance
with the traffic engineer before the permit to perform such work
is issued by the city. Applicants who have an executed agreement
with the city to cover associated costs related to work within a
roadway shall not be subject to said deposit.
(g) The provisions of this section shall not be
applicable to emergency work. However, the traffic engineer
shall be notified by the person conducting the emergency work
as soon as practical. Emergency work is work in response to
a situation or condition requiring immediate action to
alleviate a hazard representing an immediate threat to life,
health, safety, or property. It includes continuous efforts
to effect the restoration of interrupted utility services
such as electrical, water, gas and telecommunications
services.
(h) Any person aggrieved by any decision of the traffic
engineer pursuant to this article may appeal to the city
council by filing a written request with the city clerk
within 15 days of such decision. The city clerk shall cause
the appeal to be placed on the next available council agenda.
The decision of the city council shall be final.
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03/11/98 10:01 FAX 626("83b)-5918
SECT'Ox 14: The City Council of the City of Vernon hereby
amends Chapter 22, "Streets and Sidewalks," of the Code of the
City of Vernon, by adding Article VI, "Street Detours" and
Sections 22.100 through 22.105, to read as follows:
ARTICLE VI. STREET CLOSURES AND DETOURS.
Sea. 22.100. Closure of a city street.
No street in the city shall be temporarily closed for
more than 48 hours without authorization from the city
council except in case of emergency.
Sec. 22.101. Detour signs.
Detour signs shall be erected at the nearest points of
detour from that portion of a street or bridge which is
closed to traffic while under construction or repair.
Sec. 22.102. Use of city streets for detours; permit.
No street in the city shall be used as a detour route
for more than 48 hours by any person or by any other local or
regional public agency without a permit issued by the city
council.
See. 22.103. Conditions of detour permit.
The city council may impose reasonable terms,
conditions, and restrictions on the closure of any city
street, or use of a street for a detour, including but not
limited to, the following:
(a) Limitations on hours of operations.
(b) Installation and maintenance of detour signs
according to city specifications.
(c) Repainting of street striping, crosswalks, and
directions according to city specifications.
M IPC
03/11/98 10:01 FAX 62633.1Q4418 Yoo: Pt>pAyll) $,9'$RFAMy C/ST&,%ATEit L.F10Q14/01T F-
y
(d) Installation of safety precautions, including
signs, striping dots, striping reflectors, and speed bumps.
(e) Street improvements, including turn lanes, widening,
curb, gutter, sidewalk, traffic signals, and above or below grade
crossings.
Bee. 22.104. Application.
An application for a permit to close a city street for
more than 48 hours or maintain a detour in or through the
city shall be submitted to the city council on a form
prepared by the traffic engineer and accompanied by an
application fee in an amount set by resolution of the city
council.
Sec. 22.105. Detour permit fee; bonds.
The applicant for a detour permit shall pay an
application fee and a monthly fee in the amounts set by
resolution of the city council. The applicant shall post a
performance or other bond as required by the city council.
SECTIONE: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 12: If any section, subsection, sentence,
clause, or phrase or word of this ordinance is for any reason held
to be void or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance; it being the
intention of the City Council of the City of Vernon to adopt and
pass this ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that one or more of the
sections, subsections, clauses, sentences or phrases thereof may
be declared void or unconstitutional.
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03/11/98 10: 02 FAX 626 3WUIV la : a. bAVjb-B a1SAft-gY i-►3 CIS & J'X 'DEW-1 o15Co-16-� 's
SECCTION.132 There being no newspaper printed, published
or circulated in the city of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with Section 36933 of the
Government Code, in three (3) of the most public places in the
City of Vernon, to wit: the northwest corner of 38th Street and
Santa Fe Avenue, the northeast corner of Leonis Boulevard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
the City of Vernon, County of Los Angeles, State of California.
SECTION 14: This ordinance shall be in full force and
effect thirty (30) days from and after its passage.
APPROVED AND ADOPTED this day of 1998.
ATTEST:
LEONIS C. MALBURG, Mayor i
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALRENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1XXX, was duly and regularly introduced at an
adjourned regular meeting of the City Council of the City of
Vernon, held on Tuesday, March 24, 1998, and thereafter finally
adopted at a regular meeting of said City Council held on Tuesday,
1998, and thereafter was duly signed by the Mayor of
the City of Vernon, by the following vote:
(SEAL)
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
BRUCE V. MALKENHORST, City Clerk
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