Agenda - Council - 07/08/1997 - Laserfiche WebLink

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We advise that you consider the adoption of a ROW management ordinance as soon as possible. Work is still being done on a possible formula for the calculation of permit fees. You need not wait for such recommended formula. It is still advisable to proceed with consideration of an ordinance to establish a registration and reporting procedure for ROW occupants. I I Also enclosed are sample forms you could use to implement the ordinances. We would ask that you _send us a copy of any such ordinance you enact so that we can keep track of the level of uniformity of municipal response. I I We are, of course, available to advise your City Staff or Council. We, as always, prefer to work through and with your City Attorney since they remain the primary advisor to the City in ordinance matters. If you are a member of a joint powers cable commission, you may wish to consider joint informational work sessions for your Council at the cable commission level. This is a complex issue, deserving thoughtful deliberation by your Council and staff. I I Since you will be receiving both the B&L Model and a very similar model from the League, we have attempted to compare the two so as to avoid confusion at the local level and to aid your policy considerations. Below please find a bullet point analysis of the distinctions between the B&L Model and the LMC/CEAM Model. It is quite possible that your municipality may wish to incorporate portions of both models as a "hybrid". These are policy decisions for your municipality. COMPARISON The B&L Model contains a findings and purpose statement which incorporates the Findings in the new legislation regarding municipal authority to regulate ROW. In addition, the B&L Model indicates that the 6rdinance provisions are reasonable and impose fair, efficient,, competitively neutral, uniform standards and regulations on the · placement and maintenance of equipment within ROW. The LMC/CEAM Model does not include such language. The def'mitions in the B&L Model and the LMC/CEAM Model differ in some respects. In addition, the B&L Model contains fewer def'mitions in an effort to simplify the ordinance. For example, "City Costs" are defined in both ordinances using language from the new legislation. The new legislation generally allows recovery of all actual costs of ROW management. Therefore, the B&L definition more broadly includes such costs as creating and updating mapping systems, budget analysis, record keeping, legal assistance, systems analysis, etc., which are not included in the LMC/CEAM Model. 2 I I I I I I I