PRESENTER: Christopher Blunk, Deputy Public Works Director / City Engineer

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1 STAFF REPORT MEETING DATE: December 5, 2017 TO: FROM: City Council Gosia Woodfin, Assistant Engineer PRESENTER: Christopher Blunk, Deputy Public Works Director / City Engineer 922 Machin Avenue Novato, CA / FAX 415/ SUBJECT: PROHIBITION OF EXCAVATION FOR MEASURE A GROUP 10 PAVEMENT REHABILITATION, CIP AND VINEYARD ROAD IMPROVEMENTS, CIP REQUEST Hold a public hearing for the ordering of prohibition of excavation in the traveled way for the Measure A Group 10 Pavement Rehabilitation project, CIP No and Vineyard Road Improvements project, CIP No , pursuant to Chapter of the City of Novato Municipal Code, and adopt a resolution that overrules all protests and prohibits excavation upon final completion of the paving in the traveled way of the following streets: Road Name Begin End 1 BEL MARIN KEYS BLVD. NAVE DRIVE 200 FT NORTH OF DIGITAL DR. 2 BOLLING DRIVE NAVE DRIVE MARIN VALLEY DRIVE 3 NAVE DRIVE ALAMEDA DEL PRADO BEL MARIN KEYS BLVD. 4 VINEYARD ROAD WILSON AVENUE SUTRO AVENUE DISCUSSION The City of Novato is currently working on the plans to rehabilitate the traveled way of the streets listed above. 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. The streets included in the proposed prohibition are included in CIP projects scheduled for construction in Spring/Summer Measure A Group 10 Pavement Rehabilitation project (CIP ) includes sections of Bel Marin Keys Blvd, Bolling Drive and Nave Drive. Vineyard Road Improvements project (CIP ) includes Vineyard Road from Wilson Avenue to Sutro Avenue. Both projects will consist of comprehensive pavement rehabilitation of the existing roadway with localized dig-outs and patches as needed, and upgrades of ADA curb ramps and accessibility features as mandated. cc17_

2 Notices were sent to all property owners of properties abutting the right of way proposed to be included in the prohibition and to utility companies having facilities located within the roadway to be rehabilitated. Notices identified 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. Notices to property owners were mailed on November 21, 2017, the Notice was published in a newspaper of general circulation on November 22, 2017 and 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. FISCAL IMPACT Both projects are included in the approved Capital Improvement Program Budget 2017/2018; they are both funded by Surface Transportation Program Grant (STP) and by local funding match as required by the STP program. 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. RECOMMENDATION Hold the public hearing and adopt the resolution. 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 2. Notice of Public Hearing 3. Vicinity Map 4. CIP Budget Excerpts 2 2

3 CITY COUNCIL OF THE CITY OF NOVATO RESOLUTION NO. RESOLUTION TO OVERRULE ALL PROTESTS AND PROHIBIT EXCAVATION IN THE TRAVELED WAY OF THE REFERENCED STREETS ON THE REHABILITATION LIST PURSUANT TO CHAPTER XV, SECTION OF THE CITY OF NOVATO MUNICIPAL CODE WHEREAS, the City of Novato plans to rehabilitate the following streets: Road Name Begin End 1 BEL MARIN KEYS BLVD. NAVE DRIVE 200 FT NORTH OF DIGITAL DR. 2 BOLLING DRIVE NAVE DRIVE MARIN VALLEY DRIVE 3 NAVE DRIVE ALAMEDA DEL PRADO BEL MARIN KEYS BLVD. 4 VINEYARD ROAD WILSON AVENUE SUTRO AVENUE 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. 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. 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 5 th day of December, 2017, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Councilmembers Councilmembers Councilmembers City Clerk of the City of Novato res5115 1

4 Approved as to form: City Attorney of the City of Novato res

5 CITY OF NOVATO NOTICE OF PUBLIC HEARING ON PROHIBITION OF EXCAVATION IN THE TRAVELED WAY OF THE REFERENCED STREET REHABILITATION LIST PURSUANT TO NOVATO MUNICIPAL CODE CHAPTER XV, SECTION WHERE: WHEN: MARGARET TODD SENIOR CENTER 1560 HILL ROAD, NOVATO DECEMBER 5, 2017 AT 6:00 PM Notice is hereby given that the City of Novato is considering pavement rehabilitation in the traveled way of the following streets: Road Name Begin End 1 BEL MARIN KEYS BLVD. NAVE DRIVE 200 FT NORTH OF DIGITAL DR. 2 BOLLING DRIVE NAVE DRIVE MARIN VALLEY DRIVE 3 NAVE DRIVE ALAMEDA DEL PRADO BEL MARIN KEYS BLVD. 4 VINEYARD ROAD WILSON AVENUE SUTRO AVENUE 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, Project Engineer 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. TERRIE GILLEN CITY CLERK 5

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Christopher J. Blunk, Deputy Public Works Director/ City Engineer

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