AGF Application Processing Procedures

CHECK LIST OF REQUIRED DOCUMENTS FROM APPLICANTS 

The checklist on the following page is a list of requirements for processing an AGF application, an AGF with a Hardship Waiver, and an AGF with a Variance. 

All of the items need to be received in order for the application to be deemed “complete”.  A work order will be opened as soon as documents are received.

ADMINISTRATIVE PROCEDURES ONCE AN APPLICATION IS DEEMED COMPLETE 

Once the items on the Check List of Required Documents from Applicants have been received, the following administrative procedures take place.

1. Open a work order

   1. Select Work Order from the left menu
   2. Select Request Opening a Regular Work Order (UR)
   3. Insert the “proposed location” information in the Permit Title field (i.e., “E/S Main St just S/O 1st”, or 100 N. Spring St.)
   4. Insert the “proposed location” information in the Report Title field (i.e., “E/S Main St just S/O 1st”, or 100 N. Spring St.)
   5. Insert the applicable Council District
   6. Insert “76” which is the code for Bureau of Contract Administration on the Other Departments Field
   7. Click assign work order
   8. Print the work order
   9. Attach the deposit check to the printed work order
   10. Give to clerical staff for processing through the cash register.
   11. Clerical staff return the work order and BOE Staff scan the work order and email to the applicant
       1. BOE has also implemented the new online Universal Cashiering System in which the BOE staff sends an invoice (QC970) to the applicant's email address, and the applicant can pay online using credit card numbers or check numbers.
       2. After the applicant pays through the Online Universal Cashiering System, the BOE staff prints a copy of the receipt and gives it to the clerical staff for records and documentation.
       3. The BOE staff will then upload the work order and the receipt onto the U-Permit portal.
2. Log the application into the Central District’s Access AGF database

3. Create a case file (currently a hard copy, but could all be done electronic)

   

    

AGF APPLICATION PLAN CHECK AND/OR CORRECTION CHECKLIST

This form is used to check the submitted documents for compliance with the LAMC and the AGF Specifications and Plans (AGFSP).  This review is more technical in nature and may require a field investigation and/or review by others.  This process would go back and forth until all corrections have been made.

IN PROGRESS​

NOTICE OF DETERMINATION

After reviewing the AGF application and any changes, noting any opposition and mitigation of valid concerns of stakeholders as a result of the first notification, BOE will issue a determination as to whether or not the application meets the requirements of the AGF Ordinance. 

If the City determines the AGF Application does not meet the requirements of the AGF Ordinance, notice will be given to the applicant in writing and the applicant is given a 14-day period to appeal. Per LAMC Section 62.10, the cost of the appeal is $100.  

City Required Notification Procedures

Once BOE makes a determination the AGF is in compliance with the AGF Ordinance, a second notification (could include a Variance or Hardship Waiver) will be sent by the applicant to the interested parties.  This notification informs the interested parties they have 14 days to file an appeal with the BOE (Attachment 0800.2.C-3).  The cost to appeal is shown in LAMC Section 62.10. The applicant must provide proof of the second notification with the following document: a copy of the letter sent, a copy of the mailing label, and receipt of the Registered Mail.

• No Appeals Received:  If no appeals are filed, and there is no variance or hardship waiver requested on the application, BOE determination will be the final determination. The AGF is approved and the Excavation “U” Permit application is forwarded to the appropriate District office to be reviewed for Excavation “U” Permit issuance if appropriate (may also be an Excavation “E” Permit with an R Permit for those non franchised entities).
• Appeal is Received and Filed:  The appeal of a BOE determination shall be heard by the Board of Public Works at a regularly scheduled public meeting. The Board of Public Works shall determine whether an error or abuse of discretion has occurred.

APPEALS TO A DETERMINATION

When BOE determination is appealed, BOE will establish a preliminary meeting between the applicant, appellant, and Board Hearing Officer.  The Hearing Officer will hear from all parties and render his/her recommendation within 72 hours to the Board of Public Works.  Once the Board Hearing Officer has made his/her recommendation, BOE staff will prepare the Board Hearing Officer Recommendation Report for his/her signature.  BOE will notify all parties of the date and time of the hearing.  The Board of Public Works decision on the matter will be final.

If the Board of Public Works upholds BOE’s determination, and approves any and all requests for variance or hardship waiver, the AGF Application will be forwarded to the appropriate District office to be reviewed for Excavation “U” Permit issuance.

If the Board rejects BOE’s determination to approve, or denies the request for variance or hardship waiver, the application is denied.

UPDATED CHECKLIST PENDING

PREPARING A BOARD REPORT FOR AN AGF APPLICATION HARDSHIP WAIVER AND/OR VARIANCE

A hardship waiver and/or variance of an AGF application shall be heard by the Board of Public Works at a regularly scheduled public meeting.  All board reports should be submitted using an approved BOE template.         

1. Board Report items must include:
   1. A report prepared by the applicant detailing the technical and financial infeasibility of complying with the AGFSP. 
      1. If the applicant alleges financial infeasibility, a report prepared by the applicant detailing the financial infeasibility of complying with the AGFSP, including details on the estimated comparative cost of constructing the AGF above ground and underground as well as the time it would take to recover costs.
   2. A report prepared by BOE that documents all comments received by those parties notified, including the Council District Office in which the AGF installation is proposed.
   3. A report prepared by the applicant containing evidence of the investigation of all reasonable private property alternatives and justification for not selecting any of those alternatives, if the proposed facility is within 200 feet of a commercial or manufacturing zone, C2, C4, C5, CM, MR1, M1, MR2, M2, and M3, as defined by LAMC Sections 12.14, 12.16, 12.17, 12.17.1, 12.17.5, 12.17.6, 12.18, 12.19, and 12.20, respectively. At least two private property alternatives must be documented to satisfy this requirement.
   4. A map prepared by the applicant indicating the service area for the proposed AGF, which demonstrates that no less than 50% of the AGFs benefit shall be specifically intended to service customers in the restricted area.
   5. A statement by BOE Staff that the applicant has completed all other requirements of the AGFSP, including copies of any reports or comments from the Planning Department.
2. First, submit the draft board report and transmittals to the Civil Engineer in charge of the AGF Permit Section to review and to initial the report for further processing.
3. Second, submit the draft report and transmittals to the District Engineer to review the board report and transmittals and to initial the report for further processing.
4. Send an electronic copy and one hard copy of the draft Board report and the following transmittal to the BOE Board Report Unit at eng.boardrpt@lacity.org.
   1. Hardship waiver and/or Variance request
   2. Plans
   3. Any other applicable documents received as part of the application process
5. Once the Board Report has been finalized and signed by the City Engineer, the BOE Board Report Unit will schedule a briefing between BOE Staff and a Commissioner on the Board of Public Works prior to scheduling a Board of Public Works Board meeting.
6. BOE Staff will prepare a briefing report and brief the Commissioner at this meeting.
7. BOE Board Report Unit will schedule the Board meeting and BOE Staff will notify the applicant of the date, time, and location of the BPW meeting.
8. BOE Staff will attend the BPW meeting and be prepared to provide an oral report to the Board, if asked, and answer any questions.

COMPLETING THE ON-LINE AGF APPLICATION 

New or Existing Customer Verification

The on-line application process is 100% the applicant’s responsibility to complete.  City staff can advise the applicant on how to establish themselves as a “New Customer”. If the Applicant is already in the system, they would select their name from the “List of Customers” menu.

Once a new Customer is created, an email is sent to the BOE Staff Administrator for approval or denial.

1. BOE Staff select “Approve New Customer” from the left menu
2. Click on the Customer Name and a new window will appear
3. Edit Customer Account
   1. Customer Information (review/edit as appropriate)
      1. Company/Agency Name:  Confirm the name listed is actually the Franchises Company name
         1. If the Applicant is a Consultant and has entered their own name), move this to the Consultant/Contractor Name
      2. Branch/District:  Information applicable to the customer
      3. Consultant/Contractor (if applicable):  Information if applicable to the customer
      4. Address:  Information for the customer
      5. Address (line 2):  Information for the customer
      6. City:  Information for the customer
      7. State:  Information for the customer
      8. Zip:  Information for the customer
      9. Franchise Agreement #:  Enter the Franchise Agreement number if known.  If a consultant is the applicant, proof from the Franchise Company (on their letterhead) needs to be submitted stating the consultant is an authorized agent and can act on their behalf.  This document should be submitted with the application.
   2. Contact Information (review/edit as appropriate as this is the only person that will received automatic notifications from the system)
      1. Contact Person:  Contact for the application
      2. Contact Person's Phone (Area Code 1st):  Contact person's phone number (cell is preferred)
      3. Contact Person's email:  Contact person's email address
      4. Customer User Name:  Contact person's user name
      5. Customer Password:  Contact person's password
   3. Billing Information (review/edit as appropriate)
      1. Bill Permit Fees to:  Information for the Franchise Company or the Consultant 
      2. Billing Address:  Information for the Franchise Company or the Consultant
      3. Billing Address (line 2):  Information for the Franchise Company or the Consultant
      4. City:  Information for the Franchise Company or the Consultant
      5. State:  Information for the Franchise Company or the Consultant
      6. Zip:  Information for the Franchise Company or the Consultant
   4. Special Instructions:  Left empty during the AGF Application process but are completed once the application is approved and moved into the Excavation “U” Permit process
   5. Account Approval
      1. Account Approval Status:  BOE to select the appropriate status
         • Approved – all applicable information has been received
         • Denied – Incomplete information, non-responsive to request for additional information, or duplicate “New Customer”
         • Pending – Requested information has been requested but not received
      2. Account Approval Comments:  Insert any comments you want the Applicant to receive.

AGF Application Verification

1. BOE to select the Dashboard button on the left of the Main Menu.  This is where BOE Staff find new pending applications.
2. Click on the Utility Permits (with AGF) Pie Chart
3. Find any permits with the “Received” status and select the Application.  The submitted application will appear on the screen and BOE Staff to review “Work Description” for the following information.  BOE staff may be required to contact the Applicant to verify information:
   1. Under “Job Information” confirm the Permit ”Work Description” is truly an AGF.  If it’s not, change the following fields:
      •  “Does this permit include any Above Ground Facilities (AGF)” – Change to No.  The Application is no longer part of the AGF Process if No is checked.
      •  “No. of Above Ground Facilities (AGF)” field to ZERO
4. Click Update at the bottom of the application if any changes were made.

Vetting a “Received” Application

Once an Application has been submitted to BOE, it automatically gets placed into the system with the status “Received”.  The following is the process for Applications that have the status “Received”.

1. Click “Process Application” from the left menu
2. BOE Staff to confirm all documents listed in the “Administrative Check List of Documents Received” Checklist are received.  A notification email will be sent to the listed Contact of the above status change.
   
   IMPORTANT TO NOTE:  If this is for a cellular installation, the permit status could be the official start date of the “FCC Shot-Clock” provided all documentation is submitted electronically or received.  It is critical at this point to have the correct “permit status” selected.  The following are the Processing Permit Status options:
   1. AGF Appealed (in Review by Board of PW)
   2. AGF Approved
   3. AGF in Appeal (14 days)
   4. AGF Package Deemed Complete
   5. Cancelled
   6. Denied
   7. Incomplete
   8. Issued
   9. Pending SDRF Fee Payment
   10. Pending Street Resurfacing Moratorium
   11. Received
   12. Incomplete Application
3. Click "Update" at the bottom of the page.

Application is Deemed Complete

Once BOE Staff have confirmed receipt of all documents required in the "Administrative Check List of Documents Received Checklist", the status of the AGF application is changed to "AGF Package Deemed Complete." The BOE staff shall begin the review according to LAMC 62.08. After the review is completed, the status of the AGF application moves to "AGF in Appeal (14 days)." During this time, the BOE staff informs the applicant to send out the second notification to the interested parties.

Resubmitted Application (only the Applicant can select this option)

1. BOE Staff to confirm all documents listed as not received or incorrect in the “Administrative Check List of Documents Received” Checklist are received.  IMPORTANT TO NOTE:  If this is for a cellular installation, the permit status could be the official start date of the “FCC Shot-Clock” provided all documentation is submitted electronically or received.  It is critical at this point to have the correct “permit status” selected.  
2. Applicant selects the appropriate status
3. If all documents are received, and the review is complete, the status of the AGF application is updated to "AGF Package Deemed Complete. The BOE Staff shall begin the review according to the LAMC 62.08. After the review is complete, the status of the AGF application moves to "AGF in Appeal (14 days)." During this time, the BOE Staff informs the applicant to send out the second notification to the interested parties.
   1. If all documents are NOT received, select the status as Incomplete and insert the comments into the Status Comment field. Comments generally include:
      • Have not received AGF hard copy application package
      • Missing one or more of the documents required in the “Administrative Check List of Documents Received” Checklist
4. Click "Update" at the bottom of the page.

AGF Application is Complete and Pending Approval for Excavation U Permit Processing

1. Click "Attachments" on the left menu
2. BOE Staff to confirm all Excavation “U” Permit required documents have been uploaded (these are part of the AGF Application).  These documents generally include:
   1. Approved plans
   2. Bureau of Street Lighting (BSL) written approval for any work in the area in a street between the face of an existing or future curb and four feet back of such curb face (LAMC 62.03)
   3. BOE Structural Engineer approved structural calculations and foundation plans (if required)
   4. BOE Structural Engineer approved shoring plans (if required)
3. Click “Final” in the Status column on the Attachment screen
4. Enter the identifier number on the Excel spreadsheet on the Q Drive.  The identifier number contains the following intelligence:
   1. Two digit year
   2. Dash
   3. Five digits starting with 00001 and running in numerical order
5. Go back into the on-line Excavation U Permit application and click Review Application
6. Click "Review Application" on the left menu
7. Insert the AGF Identifier # in the AGF Remark box
8. Click “Lock Application” check box
9. Click "Update"
10. Go to Prepare Notes on the left menu
11. Click "Prepare Extra Notes"
12. Select the following check-boxes:
    1. Must Call for Inspection 213-485-5080 24 hours before start of work. (first box)
    2. Important Notice:  Section 4216/4217 of the government code requires a Digalert identification number be issued before a "permit to excavate" will be valid. For your Digalert I.D. number, call underground service alert at toll free 1-800-227-2600 two working days before you dig. (last box)
13. Insert the AGF Identifier # in the blank box at the end of the page
14. Click "Update"
15. Select "AGF Status Card" from the left menu
16. Insert Pending Engineering _____ District Approval and the date in the Status box
17. Insert the AGF Identifier # in the Comments box at the end of the page
18. Click "Update"
19. Select "Process Application" from the left menu
20. Change the status to AGF Approved
21. In the Status Comment box insert the following:
    1. Pending Engineering _____ District Approval
    2. Date
    3. AGF Identifier #
22. Click the Update button

AGF Application Requiring a Board Report for Hardships Waivers and/or Variances

Before doing all steps in “AGF Application is Complete and Pending Approved for Excavation U Permit Processing”, the following is necessary when a Board Report is required.

1. Select "Process Application" from the left menu
2. Select AGF Appealed (in Review by Board of PW) from the Permit Status drop down menu
3. In the Status Comment box insert the following:
   1. Hardship Waiver and/or Variance Board report in process
4. Click "Update"

Write the board report per Section F - Preparing a Board Report for an AGF Application Hardship Waiver and/or Variance.  If the Board approves the AGF Hardship Waiver and/or Variance, complete “AGF Application is Complete and Pending Approved for Excavation U Permit Processing” steps above.

Appealed AGF Application

Before doing all steps in “AGF Application is Complete and Pending Approval for Excavation U Permit Processing”, the following is necessary when the application is appealed.

1. BOE Staff to verify the appeal is valid because the following:
   1. Appeal is received within the 14 day window
   2. $100 check has been received
   3. Appellant has the right to appeal (they are in the notification pattern)
2. Select "Process Application" from the left menu
3. Select AGF Appealed (in Review by Board of PW)
4. Status Comment - Insert the following:
   1. Appeal received by (INSERT NAME) on (INSERT DATE)
5. Click "Update"
6. Select "AGF Status Card" from the left menu
7. Status Box - insert the following:
   1. Appealed and (DATE)
8. In the "Comments" box insert the following:
   1. (APPLICANT) appealed on (DATE)
9. Click "Update"
10. Perform a field investigation if necessary.  The reason for the investigation is to determine if there is a less intrusive way to install the AGF.  The investigation may need to include U Permit Plan Checking staff.
11. Setup a preliminary Appeal Hearing with the Board Hearing Officer.  Attendees shall include:
    1. Board Hearing Officer
    2. Applicant
    3. Appellant(s)
    4. BOE Staff
12. Attend the preliminary Appeal Hearing with the intent of coming to a solution to move to the next steps.  The desired results are to come to a compromise between the applicant and the appellant to avoid going through the full Appeal process.  If there is no agreement between the parties, the Board Hearing Officer will render a recommendation within 72 hours to the parties with his/her decision.
13. BOE staff to prepare the Board Hearing Officer Appeal Recommendation report and send notifications to all interested parties when the item will be heard by the Board of Public Works. See sample report.
14. BOE staff to attend the meeting and brief the Board about the item or answer any questions during the hearing.

Appealed AGF Application is Approved

This is the end of the process and the application should be denied and closed.

1. BOE Staff to go into the on-line system and select the case:
2. Select "Prepare Notes" from the left menu
3. Click "Prepare Extra Notes"
4. Click the "Cancelled" checkbox
5. Comment Box:  In the final blank comment box at the end of the page insert the following:
   1. Board of Public Works approved appeal on (DATE) denying application
6. Click "Update"
7. Select "AGF Status Card" from the left menu
8. In the “Status” filed insert the following:
   1. Denied on (DATE)
9. In the “Comment” filed insert the following:
   1. Board of Public Works approved appeal on (DATE) denying application
10. Click "Update"
11. Give to clerical staff for processing through the cash register
12. Select "Process Application" from the left menu
13. Click "Processing Permit Status" drop down menu and select “Denied”
14. In the “Status Comment” filed insert the following:
    1. Board of Public Works approved appeal on (DATE) denying application
15. Update/Close the work order

Denied Appealed AGF Application

Follow the steps in AGF Application is Complete and Pending Approval for Excavation U Permit Processing

Updating the BOE Access Database

This is an Access Database and any information you enter will be saved regardless of whether or not save is selected.

1. Click update record (screen shot 1)
2. Edit AGF Log
3. Click Ctrl + F (screen shot 2)
   1. Update any information on the grid with the same comments/information as entered in the BOE on-line database
4. To close a work order, use the monthly report provided by the City and update the field as appropriate.

Opening a Work Order

1. On-line
2. Email is authority

Work Order Updating and Closing

1. Complete the Project Closeout Form (currently housed on the Central Div. Q: Drive under AGF/Work Order Closing Notices) and save it (WO #_City Reference #). See the sample.
2. Get appropriate sign-off from the Civil Engineer or District Engineer to sign off
3. Make a copy and put in the hard copy file
4. Send the completed form to the Work Order Unit in the Administrative Services Division via City Gray mail.