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Home My WebLink AboutAGENDA REPORT 2025 0416 CC REG ITEM 11ACITY OF MOORPARK, CALIFORNIA City Council Meeting of April 16, 2025 ACTION ADOPTED ORDINANCE NO. 527. (ROLL CALL VOTE: 4-1, COUNCILMEMBER MEANS DISSENTING) BY A. Hurtado. A. Consider Ordinance No. 527 Amending Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code to Establish Specific Standards for the Placement of Fiber Optic Cable Systems and Associated Appurtenances by Internet Service Providers in the Public Right-of- Way, Establishing Microtrenching Standards as required by Government Code Section 65964.5, and Making a Finding of Exemption Under CEQA. Staff Recommendation: Waive full reading, declare Ordinance No. 527 read for the second time and adopted as read. (Staff: Brian Chong, Assistant to the City Manager) (ROLL CALL VOTE REQUIRED) Item: 11.A. 12853-0102\3061338v8.doc ORDINANCE NO. 527 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 12.04 (ENCROACHMENTS) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE MOORPARK MUNICIPAL CODE TO ESTABLISH SPECIFIC STANDARDS FOR THE PLACEMENT OF FIBER OPTIC CABLE SYSTEMS AND ASSOCIATED APPURTENANCES BY INTERNET SERVICE PROVIDERS IN THE PUBLIC RIGHT-OF-WAY, ESTABLISHING MICROTRENCHING STANDARDS AS REQUIRED BY GOVERNMENT CODE SECTION 65964.5, AND MAKING A FINDING OF EXEMPTION UNDER CEQA WHEREAS, internet service providers (ISPs) that do not operate as telephone companies and which are not regulated by the California Public Utilities Commission (CPUC) and do not have state preemptive law to use the public right-of-way under Public Utilities Code Section 7901, and do not have a statewide franchise under the Digital Infrastructure and Video Competition Act, have been established and seek to provide broadband internet connections to residents, businesses and institutions in the city, and many of these providers seek to do so using fiber optic cables and associated equipment and appurtenances that are to be installed underground in the public right -of-way; and WHEREAS, in the absence of state preemptive franchises, law or CPUC regulation, each city in which these ISPs seek to operate require specific permission from the city to place their fiber optic cables and associated equipment and appurtenances in the city’s right-of-way; and WHEREAS, California Government Code Section 65964.5 requires each city to adopt or amend existing policies, ordinances, codes or construction rules to allow for microtrenching for the installation of subsurface pipe or conduit within which to run fiber optic cables within cities and counties; and WHEREAS, the term “microtrenching” refers to the excavation of a narrow open trench less than or equal to four inches in width and not less than 12 inches in depth and not more than 26 inches in depth and that is created for the purpose of installing subsurface pipe or conduit; and WHEREAS, the potential hazards from and conflicts created by the existence of fiber optic cables in the public right-of-way are different from traditional utilities, such as water, sewer, gas, storm drains, electric and telephone, and call for specific regulations that vary from requirements for other utilities and facilities; and WHEREAS, the City seeks to facilitate the operation of internet service providers in the City and to comply with state law with the adoption of city standards for microtrenching in the public right-of-way which requires deviations from existing encroachment standards currently set forth in the Moorpark Municipal Code; and Item: 11.A. 206 Ordinance No. 527 Page 2 12853-0102\3061338v8.doc WHEREAS, by this Ordinance, the City intends to protect the public health, safety and welfare of the community by ensuring that the City complies with state law and provides appropriate and safe standards for the excavation of trenches for fiber optic cables and associated equipment and appurtenances; and WHEREAS, the Community Development Director has reviewed this Ordinance and found it to be Categorically Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines in that it consists solely of establishing standards for deployment of utility infrastructure within existing street, road, and park facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council, based on its own independent analysis and judgment, concurs with the Community Development Director’s determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental analysis is required. SECTION 2. Paragraph B of Section 12.04.010 (Title of provisions - References to other ordinances) of Article I (General Provisions) of Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code is hereby amended to read as follows: “B. The provisions of this chapter shall operate as a supplement to all applicable California Code sections concerning encroachments on city streets and roadways.” SECTION 3. Section 12.04.040 (Definitions) of Article I (General Provisions) of Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code is hereby amended to add the following definitions in alphabetical order: “‘Director’ means the director of the city’s department of public works or his or her designee.” “‘Fiber’ means fiber optic cables, and related ancillary equipment such as conduit, ancillary cables, hand holes, vaults and terminals.” “‘Microtrench’ means a narrow open excavation trench that is less than or equal to 4 inches in width and not less than 12 inches in depth and not more than 26 inches in depth and is created for the purpose of installing a subsurface pipe or conduit.” “‘Microtrenching’ means the excavation of a microtrench.” 207 Ordinance No. 527 Page 3 12853-0102\3061338v8.doc SECTION 4. Section 12.04.040 (Definitions) of Article I (General Provisions) of Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code is hereby amended to amend the following definition: “‘Commissioner’ shall mean the director.” SECTION 5. Paragraph G of Section 12.04.430 (Fees and Costs) of Article II (Application for and Issuance of Permits) of Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code is hereby amended to read as follows: “Unless otherwise provided in a license agreement or other agreement between the city and the applicant, the schedule of fees or charges will be those recommended by the director and adopted by resolution of the city council from time to time. Where work for which a permit is required by this chapter is started or proceeded with, prior to obtaining said permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.” SECTION 6. Article VIII (Appeals and Penalties) of Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code is hereby renumbered as Article IX, existing Sections 12.04.940 through 12.04.950 are renumbered as 12.04.950 and 12.04.960 respectively, and a new Article VIII is added to read as follows: “Article VIII. Microtrenching and Other Standards for Internet Service Providers “12.04.940 Special Standards for Internet Service Providers. A. This article shall apply to internet service providers that: (i) do not operate as telephone companies regulated by the California Public Utilities Commission (CPUC); (ii) do not have state preemptive law to use the public right-of-way under Public Utilities Code Section 7901, and (iii) do not have a statewide franchise under the Digital Infrastructure and Video Competition Act. B. Permittees within the scope of this article shall be subject to microtrenching installation standards recommended by the director, adopted by resolution of the city council, and as may be amended from time to time. In the event of a conflict between the provisions of this chapter and the microtrenching installation standards adopted by the city council, the microtrenching installation standards adopted by the city council by resolution shall control. 208 Ordinance No. 527 Page 4 12853-0102\3061338v8.doc C.Permittees within the scope of this article shall enter into a license agreement or other similar agreement with the city for operation in the city’s rights-of-way. Such license agreement or similar agreement may contain provisions that vary from the provisions of this chapter including provisions related to fees and costs and may vary from the provisions of a fee resolution adopted by the city council. In the absence of a contrary provision contained in the license agreement or other agreement, the requirements of this chapter shall apply to permittees within the scope of this article.” SECTION 7. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 8. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED and ADOPTED this 16th day of April, 2025 _______________________________ Chris R. Enegren, Mayor ATTEST: _________________________________ Ky Spangler, City Clerk 209