Santa Maria Municipal Code Ch. 9-92 State Video Franchises

(a) Prior to a State video franchise holder commencing work on a property in which the City owns an interest, the holder shall apply for and obtain an encroachment permit pursuant to this Chapter. See Public Utilities Code Section 5885.

(b) The application shall be made to and in such format as may be specified from time to time by the Department of Public Works, and accompanied by a processing fee as set from time to time by Resolution of the City Council.

(c) Upon receiving a complete application, the Director of Public Works or his/her designee shall review and approve with conditions, or deny, the State video franchise holder's permit within 60 days. See Public Utilities Code Section 5885. The conditions which the Director of Public Works or his/her designee may impose are specified in Section 9-92.02.

(d) If the State video franchise holder fails to submit a complete application, the Director of Public Works or his/her designee shall notify the applicant within 15 working days.

(e) Using regular mail with postage prepaid, the Director of Public Works or his/her designee shall within three business days notify the State video franchise holder of his/her decision on the permit.

(f) Pursuant to Public Utilities Code 5885, the State video franchise holder may within 10 business days appeal the decision to the City Council. Appeals shall be in writing, shall state the reasons therefore, and shall be submitted to the City Clerk. The Clerk shall schedule the appeal to be considered at the next regular meeting of the City Council and shall notify the State video franchise holder by regular mail of the date and time. At the date and time scheduled to consider the appeal, the City Council need not conduct a formal hearing, but may limit its review to matters presented by written declaration. The Council may continue the matter if the State video franchise holder so requests. Otherwise, the Council shall decide the matter based on the evidence presented. The Council's decision shall be final. The Clerk shall forthwith notify the State video franchise holder of the decision by regular mail.

(Ord. 2008-05, eff. 4/17/08; Ord. 2019-10, eff. 1/1/20)

(a) The Director of Public Works or his/her designee shall place the following conditions on any encroachment permit issued to the holder of a State franchise:

(1) The holder of a State franchise shall not place its equipment (owned or leased) on public property in such a manner as to obstruct motorists or interfere with safe sight distances or travel.

(2) The holder of a State franchise shall not place its equipment (owned or leased) on public property in such a manner as to cause pedestrian access to be in violation of accessibility standards of any law.

(3) The holder of a State franchise shall not surcharge existing City interests in real property.

(4) The holder of a State franchise shall post improvement security in a form acceptable to the City Attorney and an amount sufficient to guarantee repair of any public improvements damaged by the franchisee's work on public property.

(5) The holder of a State franchise shall, upon request by the City of Santa Maria and at its own expense, expeditiously relocate its improvements when necessary to accommodate relocation of public improvements.

(6) The holder of a State franchise shall notify City residents in any construction area at least one day in advance before first entering onto property to perform any work in conjunction with cable system construction, and shall additionally notify affected residents in advance of any work which will involve excavation, replacement of poles, or tree trimming;

(7) The holder of a State franchise shall provide to the City as-built and design maps in the AutoCAD, or other electronic format which is fully compatible with City's internal systems; and shall make available to the City upon request street maps showing the actual location of additions or extensions to its systems within 60 days after the expiration of each calendar year.

(8) Should the holder install above-ground or underground installations (excluding aerial cable lines utilizing existing poles and cable paths) which will affect the private property, such notice shall be in writing and shall contain specific information regarding any above ground or underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths) which shall affect the private property.

(9) Restoration of Private and Public Property. After performance of work, the State franchise holder shall restore affected private and public property to a condition equal to or better than its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements shall, at the sole expense of the State franchise holder, be promptly repaired or restored (including replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner, as determined by the City. In addition, the franchisee shall furnish plants or other screening on public property to camouflage the franchisee's aboveground improvements.

(Ord. 2008-05, eff. 4/17/08; Ord. 2019-10, eff. 1/1/20)