SUBJECT: PROHIBITION OF EXCAVATION MEASURE A GROUP 8 & 9 PAVEMENT REHABILITATION CIP &

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1 STAFF REPORT MEETING DATE: October 11, 2016 TO: FROM: City Council Russ Thompson, Public Works Director Jason Bustos, Engineering Aide PRESENTER: Russ Thompson, Public Works Director 922 Machin Avenue Novato, CA / FAX 415/ SUBJECT: PROHIBITION OF EXCAVATION MEASURE A GROUP 8 & 9 PAVEMENT REHABILITATION CIP & REQUEST Consider holding a public hearing for the ordering of prohibition of excavation in the traveled way of the streets identified in the rehabilitation list pursuant to Chapter of the City of Novato Municipal Code and adopting a resolution that overrules all protests and prohibits excavation upon final completion of the paving in the traveled way of the streets identified in the rehabilitation list. RECOMMENDATION Hold the public hearing and adopt the resolution. DISCUSSION The City of Novato is currently working on the plans to rehabilitate the traveled way of the streets listed in Exhibit A of the resolution attached. Upon completion of the rehabilitation projects, the City desires to control the unwarranted excavation of newly paved streets by the passage of a resolution to prohibit excavation for a period of five years following completion of the rehabilitation work for those streets listed in the Exhibit A. The streets included in the proposed prohibition are included in a CIP project proposed for construction in Spring/Summer 2017; Measure A Group 8 & 9 Pavement Rehabilitation (CIP and ) encompasses 30 street segments. The project includes pavement rehabilitation and miscellaneous concrete improvements such as ADA compliant curb ramps and replacement of street tree-damaged sidewalk. Notices were sent to all abutting property owners and utility companies having facilities located within the roadways to be rehabilitated identifying the date and time of the public hearing to be conducted to hear all protests to the proposed prohibition of excavation. Passage of the resolution overruling all protests will place the prohibition in effect. cc16_

2 PUBLIC OUTREACH Notices to property owners were mailed on September 30, The Notice was published in a newspaper of general circulation on September 30, 2016, posted on the City of Novato website, at the city administrative offices and at the city police department in accordance with the City s Municipal Code. There was one public workshop held on August 31, The workshop introduced the project to affected homeowners, and staff provided answers to questions from residents. Notices of the public workshop were mailed to 666 addresses, only 3 persons attended the meeting. FISCAL IMPACT The adoption of the Resolution to Prohibit Excavation will help to prolong the life expectancy of the newly paved streets and reduce the future cost for street maintenance. ALTERNATIVES 1. Do not hold a public hearing or adopt the resolution and direct staff to the disposition of the project. ATTACHMENTS 1. Resolution to Prohibit Excavation with Exhibit A 2. Notice of Public Hearing 3. Vicinity Map 4. CIP Budget Excerpts 10/3/

3 CITY COUNCIL OF THE CITY OF NOVATO RESOLUTION NO. RESOLUTION TO PROHIBIT EXCAVATION IN THE TRAVELED WAY OF THE REFERENCED STREETS ON THE REHABILITATION LIST FOR THE MEASURE A GROUP 8 PAVEMENT REHABILITATION PROJECT, PURSUANT TO CHAPTER XV, SECTION OF THE CITY OF NOVATO MUNICIPAL CODE WHEREAS, the City of Novato plans to rehabilitate the following streets: (See Exhibit A attached hereto and made a part hereof); and WHEREAS, the City of Novato desires to control the unwarranted excavation of the newly-paved streets for a period of five years following completion of the rehabilitation work for those streets listed in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that under the provisions of Chapter XV of the Novato Municipal Code, the Novato City Council does hereby overrule all protests and declares its intention to prohibit excavation in the traveled way of these public streets (newly rehabilitated) for a period of five (5) years following completion of the rehabilitation work for those streets listed under Exhibit A; said public streets described as follows: (See Exhibit A attached hereto and made a part hereof) BE IT FURTHER RESOLVED that a Notice of Hearing on this intended prohibition of excavation was given as provided in Section (b) of the City of Novato Municipal Code. * * * * * * I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Novato, Marin County, California, at a meeting thereof, held on the 11 th day of October, 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Councilmembers Councilmembers Councilmembers Deputy City Clerk of the City of Novato res

4 City Attorney of the City of Novato res

5 EXHIBIT 'A' PROHIBITION OF EXCAVATION FOR FIVE (5) YEARS Road Name Begin End 1 ADAMS COURT JOHNSON ST NORTH END 2 ARTHUR STREET S. NOVATO BLVD HAYES ST 3 ARTHUR STREET HAYES ST WASHINGTON ST 4 ARTHUR STREET WASHINGTON ST INDIAN VALLEY RD 5 BROWN DRIVE WASHINGTON ST BROWN CT 6 BROWN DRIVE BROWN CT SOUTH END 7 CAMBRIDGE STREET JOHNSON ST ARTHUR ST 8 DENISE COURT WESTWOOD DR SOUTH END 9 GARFIELD STREET ARTHUR ST NORTH END 10 GARNER DRIVE WASHINGTON ST JACKSON DR 11 HARDING DRIVE WASHINGTON ST 1000 FT EAST OF WASHINGTON 12 HARDING DRIVE 1000 FT EAST OF WASHINGTON ST WEST END 13 HARRISON COURT CAMBRIDGE ST WEST END 14 HAYES STREET ARTHUR ST NORTH END 15 IGNACIO BOULEVARD KATHY CT INDIAN VALLEY COLLEGE 16 JACKSON COURT JACKSON DR WEST END 17 JACKSON DRIVE JACKSON CT TRUMAN DR 18 JOHNSON STREET END EAST OF CAMBRIDGE END NORTH OF ADAMS 19 LANDING COURT REDWOOD BLVD NORTH END 20 MCCLAY ROAD NOVATO BLVD CENTER RD 21 OLIVE AVENUE #626 ROSALIA DR 22 OLIVE AVENUE ROSALIA DR SAMROSE DR 23 PEACH STREET CHASE ST OLIVE SCHOOL 24 PIERCE DRIVE ROWLAND BLVD CUL DE SAC 25 REBECCA WAY OLIVE AVE END 26 REDWOOD ROAD LAMONT AVE LANDING COURT 27 RITA COURT OLIVE AVE END 28 RUDNICK AVENUE OLIVE AVE SUMMERS AVE 29 TRUMAN DRIVE BROWN DR 1000 FT WEST OF BROWN DR 30 TRUMAN DRIVE 1000 FT WEST OF BROWN DR SOUTH END PoE Exhibit A Page 1 of 1 9/22/2016 5

6 CITY OF NOVATO NOTICE OF PUBLIC HEARING ON PROHIBITION OF EXCAVATION IN THE TRAVELED WAY OF THE REFERENCED STREET REHABILITATION LIST PURSUANT TO CHAPTER XV, SECTION WHERE: WHEN: CITY COUNCIL CHAMBERS 901 SHERMAN AVENUE, NOVATO OCTOBER 11, 2016 AT 6:30PM Notice is hereby given that the City of Novato is considering pavement rehabilitation in the traveled way of the following streets: (See Exhibit A attached hereto and made a part hereof) In order to control the unwarranted excavation of newly paved streets, the City Council of the City of Novato will entertain the adoption of a resolution on that night to consider such a prohibition for a period of five (5) years following the completion of placement of the proposed paving. The proposed prohibition of excavation will affect public utility and utility companies, districts, abutting property owners, etc., and will necessitate completion of all anticipated street excavation prior to placement of proposed paving. The earliest proposed commencement date for paving is June Residents and businesses intending to make structural improvements to existing and new properties may need to install automatic fire sprinkler systems, which could require street excavation. As such, if you are planning such improvements, please contact the Novato Fire Protection District Fire Marshall at (415) The hearing will provide an opportunity for the City Council to receive and consider objections from property owners and others having a valid interest in the proposed prohibition of excavation. All protests must be presented in writing. Further information regarding this notice may be obtained by contacting Gosia Woodfin, Engineer I with the City of Novato, Department of Public Works, Engineering Division, at City Hall, 922 Machin Avenue, Novato, CA 94945, in person, by correspondence, by to gwoodfin@novato.org or by telephone (415) She may be contacted during regular work hours Monday through Friday with the exception of every other Friday off; or, by special arrangement. DEPUTY CITY CLERK 6

7 EXHIBIT 'A' PROHIBITION OF EXCAVATION FOR FIVE (5) YEARS Road Name Begin End 1 ADAMS COURT JOHNSON ST NORTH END 2 ARTHUR STREET S. NOVATO BLVD HAYES ST 3 ARTHUR STREET HAYES ST WASHINGTON ST 4 ARTHUR STREET WASHINGTON ST INDIAN VALLEY RD 5 BROWN DRIVE WASHINGTON ST BROWN CT 6 BROWN DRIVE BROWN CT SOUTH END 7 CAMBRIDGE STREET JOHNSON ST ARTHUR ST 8 DENISE COURT WESTWOOD DR SOUTH END 9 GARFIELD STREET ARTHUR ST NORTH END 10 GARNER DRIVE WASHINGTON ST JACKSON DR 11 HARDING DRIVE WASHINGTON ST 1000 FT EAST OF WASHINGTON 12 HARDING DRIVE 1000 FT EAST OF WASHINGTON ST WEST END 13 HARRISON COURT CAMBRIDGE ST WEST END 14 HAYES STREET ARTHUR ST NORTH END 15 IGNACIO BOULEVARD KATHY CT INDIAN VALLEY COLLEGE 16 JACKSON COURT JACKSON DR WEST END 17 JACKSON DRIVE JACKSON CT TRUMAN DR 18 JOHNSON STREET END EAST OF CAMBRIDGE END NORTH OF ADAMS 19 LANDING COURT REDWOOD BLVD NORTH END 20 MCCLAY ROAD NOVATO BLVD CENTER RD 21 OLIVE AVENUE #626 ROSALIA DR 22 OLIVE AVENUE ROSALIA DR SAMROSE DR 23 PEACH STREET CHASE ST OLIVE SCHOOL 24 PIERCE DRIVE ROWLAND BLVD CUL DE SAC 25 REBECCA WAY OLIVE AVE END 26 REDWOOD ROAD LAMONT AVE LANDING COURT 27 RITA COURT OLIVE AVE END 28 RUDNICK AVENUE OLIVE AVE SUMMERS AVE 29 TRUMAN DRIVE BROWN DR 1000 FT WEST OF BROWN DR 30 TRUMAN DRIVE 1000 FT WEST OF BROWN DR SOUTH END PoE Notice of Public Hearing Page 1 of 1 9/22/2016 7

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