HomeMy WebLinkAboutApprove for Introduction Ordinance No.3635 Amending Chapter 47 u D a �L�9�IJSLL�/ �au3Gvb
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Council Meeting Date: April 5, 2004 Department I tuber: E 004-07
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administratort/W
PREPARED BY: DAVID C. BIGGS, Director of Economic Development =+``
ROBERT F. BEARDSLEY, Director of Public Work
J.
HOWARD ZELEFSKY, Director of Planning �/
� A
SUBJECT: Adopt an Ordinance Modifying Requirements for Undergrounding
of Utilities C)C-co -3�3 S
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City amend the existing undergrounding of utilities
Ordinance to facilitate a fiber-optic network by an existing utility provider?
Funding Source: N/A
Recommended Action: Approve Introduction of Ordinance Number 36-1 amending
Chapter 17.64 of the Municipal Code regarding Undergrounding of Utilities to add an
additional exception to Section 17.64.130 and adding section 17.64.135 regarding
abandoned or otherwise no longer used lines, cables or wires.
bo`'�
Alternative Action(s): Modify the text of the proposed amendment if desired, or reject the
proposed amendment and continue to require undergrounding unless one of the existing
exemptions applies.
Analysis: The City has been approached by Verizon, the designated telecommunications
carrier for the area, with a proposal to upgrade its existing service network to a fully fiber-
optic system. The fiber optic upgrade is a key part of Verizon's future business plan
throughout the nation. The company has identified a number of key service territories in the
United States where it plans to rollout this new service program. Huntington Beach has been
identified as one of the first three areas in which the upgrade is to be implemented.
Rr-QUEST FOR COUNCIL ACTIuN
MEETING DATE: April 5, 2004 DEPARTMENT ID NUMBER:ED 2004-07
After an initial review of the proposed project, the City determined that current requirements
for utility undergrounding would preclude the proposed upgrade to fiber optics. The City's
current ordinance requires that any service upgrade trigger the undergrounding requirement.
The ordinance does allow for the repair and maintenance, including replacement of existing
on-pole lines. In addition, service upgrades in the past have been approved if one new
smaller line was replacing an existing line without the undergrounding requirement being
triggered. In areas in the City where utilities are not undergrounded, Verizon is not the only
user. The main user is Southern California Edison.
In order to approve the Verizon fiber optic project, staff is recommending an additional
exemption to the undergrounding requirements be added to the municipal code. This
exception would permit utilities with existing on-pole services, where the utility is not the sole'
user of the pole, to replace one single wire, cable, or line, with another one of smaller size, or
alternatively, add an additional smaller wire, cable, or line, that is in effect a transitional
service, provided that utility will be placed underground at the time the other utilities utilizing
the poles places their services underground.
Verizon currently provides telecommunications services via a network of copper cable. As
the area's designated telecommunications provider, they will be required to offer the copper
based service on an on-going basis. In addition, these copper cables are required to be
available for lease to other telecommunications providers under Federal regulations. Verizon
anticipates that the copper based service will eventually be eliminated and that the system
would transition to exclusively fiber optic. As such, the need for two wires, cables, or lines
would be a transitional service. The ordinance is also being amended to require that the
utilities give notice to the City when an existing wire, cable or line is taken out of service, or
abandoned or is otherwise no longer used. This provision will require the utility to remove
the line, cable or wire from the pole within 6 months of the notice date.
Approximately 73% of Verizon's current system is already undergrounded. Another 1-2% is
above ground on poles where Verizon is the sole user, and as such, they would have to
underground these areas at the time that the fiber optic upgrade takes place.
Amendment of the City municipal code will facilitate the project proposed by Verizon.
However, Verizon will still have to obtain project levels approvals which will involve the
submittal and review of detailed plans by a variety of City Departments. This process will
result in the issuance of the appropriate permits with project-based conditions of approval.
Amendment of the municipal code is proposed since it would make no sense for Verizon to
prepare and submit plans until they know that the proposed project is legally permissible in
Huntington Beach.
Staff is recommending the addition of this exception in order to facilitate a citywide upgrade
to fiber optic. Both residents and the business community will benefit from the ability to have
voice and data transmitted at much higher speeds. Huntington Beach, with its aging
infrastructure, needs to offer amenities to its residents and businesses which are competitive
with other world-class communities. While many new, Greenfield communities are being
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March 23,20041:55 PM
Ff UEST FOR COUNCIL ACTIuN
MEETING DATE: April 5, 2004 DEPARTMENT ID NUMBER:ED 2004-07
developed with this technology, older communities will rely upon their existing service
providers unless they can incur the expense of the upgrade directly.
This proposed Ordinance amendment has been evaluated in the context of the Utilities
Element of the City's General Plan. One of the main goals of the undergrounding
requirements is to improve the visual character of the community by encouraging the
undergrounding of utilities. This requirement is counter-balanced by the Goal in the Utilities
Element to "maintain and expand service provision to City of Huntington Beach residences
and businesses." Clearly, the Utilities Element and its goals, objectives and policies
anticipated that the main driver of undergrounding would be electrical transmission lines.
The proposed additional exception is not expected to delay the undergrounding of electrical
transmission lines while still facilitating an immediate upgrade of telecommunications
services. In addition, the project level review will be evaluated in the context of the policies of
the Utilities Element. The proposed amendment is consistent with the Utilities Element and
the overall goal of undergrounding overhead utilities to improve the aesthetics of the City.
Environmental Status: The adoption of the ordinance is categorically exempt pursuant to
City Council Resolution No, 4501, Class 20, which supplements the California Environmental
Quality Act. The Verizon upgrade project will be assessed in the future with the appropriate
level of environmental review, if any, undertaken at the project level.
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance No7�63J amending Chapter 17.64 of the Municipal
Code regarding Undergrounding of Utilities to add an additional
exception to Section 17.64.130 and adding section 17.64.135
regarding abandoned or otherwise no longer used lines, cables
or wires.
RCA Author. D. Biggs, ext 5909
G:\David\RCAS\utiIityundergrounding.doc -3- 3/9/2004 8:03 AM
Ordinance & Legislative Draft
ATTACHMENT # 1
ORDINANCE NO. 3635
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.64 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO UNDERGROUND UTILITIES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.64.130 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.64.130 Exceptions to this chapter. The following shall be excluded from the
provisions of this chapter unless otherwise provided in the resolution designating the
underground utilities district:
(a) Poles or electroliers used exclusively for street lighting.
(b) Overhead wires (exclusive of supporting structures) crossing any portion of a district
within which overhead wires have been prohibited, or connecting to buildings on the
perimeter of a district,when such wires originate in an area from which poles,
overhead wires and associated overhead structures are not prohibited.
(c) Poles, overhead wires and associated overhead structures used for the transmission of
electric energy at nominal voltages in excess of 34,500 volts.
(d) Any municipal facilities or equipment installed under the supervision and to the
satisfaction of the City Engineer.
(e) Overhead wires attached to the exterior surface of a building by means of a bracket or
other fixture and extending from one location on the building to another location on
the same building or to an adjacent building without crossing any public street.
(f) Antennas, associated equipment and supporting structures, used by a utility for
furnishing communication services.
(g) Equipment appurtenant to underground facilities, such as surface-mounted
transformers, pedestal-mounted terminal boxes and water cabinets and concealed
ducts.
(h) Temporary poles, overhead wires and associated overhead structures used or to be
used in conjunction with construction projects.
(i) Utilities with existing on-pole services as of the date of this ordinance,where the
utility is not the sole user of the poles, and where the utility is replacing one single
wire, cable, or line with another or adding an additional smaller wire, cable or line,
provided that utility will be placed underground at the time the other utility utilizing
the poles places its service underground.
SECTION 2. Section 17.64.135 is hereby added to the Huntington Beach Municipal
Code, said section to read as follows:
04ord/chap 17-64/3/10/04 1
Ord. . 3635
17.64.135 Lines not in use—notice to City At any time a line, cable or wire is taken out of
service,or abandoned or is otherwise no longer used, the utility shall give notice of non-use to
the City. Within six(6)months of the time upon which the line, cable or wire ceases to be used
(the notice date)the utility shall remove the line, cable or wire from the poles.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of April , 2004.
M'A"*Yer
ATTEST:
dwi APPROVED AS TO FORM:
City Clerk
atr.City�lAttorneyY4
REVIEWED AND APPROVED: 3'q'0
ITIAT AND AP VED:
City A116mistrator
/Direct r of Public Works
Director of Economic Develop ent
04ord/chap 17-64/3/10/04 2
Ord. No. 3635
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 5th day of April,2004, and was again read to said
City Council at a regular meeting thereof held on the 19th day of April, 2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper,Hardy,Green, Boardman, Cook,Houchen
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on April 29,2004.
In accordance with the City Charter of said City
Connie Brockway, City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Ord. NO. 3635
VE 640.10
PROOF OF PUBLICATION
STATE OF CALIFORNIA) .
) SS.
County of OrangeOF
)
am a Citizen of the United States and a c
NUNrINGTONroN eEaal
resident of the County aforesaid; 1 am LEGAL NOTICE
over the age of eighteen ears and not a ORDINANCE NO.XIS
b $ Y Adopted by 11w CWy C=J
party to or interested in the below on Aid It,2W, . ,
entitled matter. 1 am a principal clerk of "AOFHUN HUNTCE INGTON
BEATHE CH
p p OF HUNTINGTON BEACH
the HUNTINGTON BEACH INDEPENDENT, a AMENDING CHAPTER 17.64 OF
newspa er of general circulation printed THEICIPALCODEREL HUNTINGTON AIN
r p MUNICIPAL CODE RELATING ,
and pu lished in the City of Huntington TO UNDERGROUND UTILITIES"
SYNOPSIS:
Beach, County of Orange State of Ordinance Number 3fi35-
1 amends Chapter 17.64 of--'California and that attached Notice is a the Municipal Code
/ regarding Underground-
true and complete copy as was printed ing of Utilities a add an
additional exception to
and published In the Huntington Beach Section adding section
130 ands
I7.64.135:
and Fountain Valley Issues of said regarding abandoned or,
otherwise no longer used'
lines, cables or wires.'
newspaper to wit the issue(s) of: This amendment will
help facilitate a citywide,
upgrade to a fully fiber-
optic network system,'
as proposed by Verizon,;
the designated tele-
communications carrier.
for the area.
April 29, 2004 COPIES OF THIS ORDI-1
NANCE ARE AVAILABLE
IN THE CITY CLERK'S
OFFICE. I I !
PASSED AND ADOPTED',
by the City Council of i
the City of Huntington
Beach at regular,
declare, under penalty of perjury, that meeting helda April `9,
2004 by the following
the foregoing is true and correct. roll call vote: ".
AYES:Sullivan,Coeiper,
Hardy, Green, Boar4-1
man,Cook,Houchen
NOES:None - " ;v`';'
ABSENT:None °
Executed on April 29 2004 This ordinance Is ef-
fective 30 days'afisr
at Costa Mesa, California. adoption.
CITY
HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92648
7147
536-5227
CONNIE BROCKWAY,
CITY CLERK
Published Huntington
_ Beach Independent April
29,2004 045-455
Signature
LEGISLATIVE DRAFT
Chapter 17.64
UNDERGROUNDING OF UTILITIES
(2222-12/77,2382-7/79,2975-12/88)
Sections:
17.64.010 Definitions
17.64.020 Underground utilities coordinating committee established
17.64.030 Duties
17.64.040 Planning Commission review
17.64.050 Underground public utilities facilities
17.64.060 Overhead installation
17.64.070 Conversion of overhead facilities
17.64.080 Underground trenches
17.64.090 Public hearing by Council
17.64.100 Council may designate underground utility districts by resolution
17.64.110 Unlawful to erect or maintain overhead utilities within district
17.64.120 Exceptions--Emergency or unusual circumstance declared exception
17.64.130 Exceptions to this chapter
17.64.135 Abandoned/non-use— notice to City
17.64.140 Community antenna television service
17.64.150 Director of Public Works--Authority of
17.64.160 Director of Community Development--Authority of
17.64.170 City Council--Appeal to
17.64.180 Notice to property owners and utility companies
17.64.190 Responsibility of utility companies
17.64.200 Responsibility of property owners
17.64.210 Responsibility of city
17.64.220 Extension of time
17.64.010 Definitions. The following terms or phrases as used in this chapter shall,
unless the context indicates otherwise,have the respective meanings herein set forth:
(a) "Commission" shall mean the Public Utilities Commission of the state of California.
(b) "Underground utility district" or "district" shall mean that area in the city within
which poles, overhead wires and associated overhead structures are prohibited as such
area is described in a resolution adopted pursuant to the provision of section
17.64.110 of this chapter.
(c) "Poles, overhead wires and associated overhead structures; shall mean poles, towers,
supports, wires, conductors, guys, stubs,platforms, crossarms, braces, transformers,
insulators, cutouts, switches, communication circuits, appliances, attachments and
appurtenances located aboveground within a district and used, or useful, in supplying
electric, communication or similar or associated service.
(d) "Utility" shall include all persons or entities supplying electric, communication or
similar or associated service by means of electrical materials or devices. (2222-12/77)
17.64.020 Underground utilities coordinating committee--Established. There is hereby
established an underground utilities coordinating committee, appointed by the City
Council, which said committee shall consist of five (5) members as follows: (2222-12/77,
2382-7/79,2975-12/88)
(a) Director of Public Works;
(b) Director of Community Development;
(c) One city employee appointed by the City Administrator;
legisdrft/mc 1764-LD/3/4/04 1
(d) District representative, -outhern California Edison Company; a._..
(e) Senior engineer, Public Improvements, General Telephone Company.
17.64.030 Duties. It shall be the duty of the committee to advise the City Council with
respect to all technical aspects of the undergrounding of public utilities within the city of
Huntington Beach and in that regard the committee shall:
(a) Determine the location and priority of conversion work within the city;
(b) Recommend specific projects and methods of financing;
(c) Recommend time limitation for completion of projects and extensions of time;
(d) Develop a long-range plan for establishing underground utilities districts;
(e) Perform such other duties as may be assigned to it by the City Council.
The Director of Public Works shall be chairman of said committee. A majority of the
members of the committee, or their authorized representatives, present at any meeting
shall constitute a quorum. Said committee shall meet upon call of the chairman.
Members of the committee shall serve at the pleasure of the City Council and without
compensation. (2222-12/77)
17.64.040 Planning Commission review. Prior to submitting reports to the City Council,
the committee shall submit all undergrounding plans to the Planning Commission in
order to ascertain its recommendations with respect to comprehensive planning for the
city, and the effect of such proposed undergrounding plans thereon. (2222-12/77)
17.64.050 Underground public utilities facilities. All new public and private utility lines
and distribution facilities, including but not limited to electric, communications, street
lighting, and cable television lines, shall be installed underground, except that surface-
mounted transformers, pedestal-mounted terminal boxes, meter cabinets, concealed ducts
in an underground system and other equipment appurtenant to underground facilities need
not be installed underground, and provided further that cable television lines may be
installed on existing utility poles within subdivisions developed with overhead utility
lines.
This section shall not apply to main feeder lines or transmission lines located within the
public right-of-way of an arterial highway as shown in the circulation element of the
general plan.
(2222-12/77)
17.64.060 Overhead installation. Installation of overhead utility lines is permitted for the
following:
(a) Relocation and/or the increase of the size of service on a lot when it does not
necessitate any increase in the number of existing overhead lines and/or utility poles;
(b) Any new service when utility poles exist along abutting property lines prior to
February 15, 1967, and which are not separated by any alley or public right-of-way
and no additional utility poles are required;
(c) Temporary uses, including directional signs, temporary stands, construction poles,
water pumps, and similar uses;
(d) Oil well services. (2222-12/77)
legisdrft/mc 1764-LD/3/4/04 2
17.64.070 Conversion of ,erhead utilities. Any new overhead se...ce which is
permitted by these provisions shall have installed a service panel to facilitate conversion
to underground utilities at a future date. (2222-12/77)
17.64.080 Underground trenches. All underground utility lines in residential
developments which are installed on private property shall be located along lot lines.
However,the trench for service lines may curve from the lot line to the building at the
nearest, most practical location.
This provision is intended to reduce conflicts which may occur in future construction
because of existing underground utility lines. (2222-12/77)
17.64.090 Public hearing by Council. The Council may from time to time call public
hearings to ascertain whether the public necessity,health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures within designated
areas of the city and the underground installation of wires and facilities for supplying
electric, communication, or similar or associated service. Prior to holding such public
hearing, the City Engineer shall consult with all affected utilities and shall prepare a
report for submission at such hearing, containing, among other information,the extent of
such utilities participation and estimates of the total costs to the city and affected property
owners. Such report shall also contain an estimate of the time required to complete such
underground installation and removal of overhead facilities. The City Clerk shall notify
all affected property owners as shown on the last equalized assessment roll and utilities
concerned by mail of the time and place of such hearings at least ten(10) days prior to the
date thereof. Each such hearing shall be open to the public and may be continued from
time to time. At each such hearing all persons affected shall be given an opportunity to
be heard. The decision of the Council shall be final and conclusive. (2222-12/77)
17.64.100 Council may designate underground utility districts by resolution. If, after any
such public hearing the Council finds that the public necessity, health, safety or welfare
requires such removal and such underground installation within a designated area, the
Council shall, by resolution adopted by affirmative vote of at least five (5) members of
the City Council, declare such designated area an underground utility district and order
such removal and underground installation. Such resolution shall include a description of
the area comprising such district,the reason for placing public utilities underground(see
Public Utilities Commission Rule 20), and shall fix the time within which such affected
property owners must be ready to receive underground service. A reasonable time shall
be allowed for such removal and underground installation, having due regard for the
availability of labor, materials and equipment necessary for such removal and for the
installation of such underground facilities as may be occasioned thereby. (2222-12/77)
17.64.110 Unlawful to erect or maintain overhead utilities within district. Whenever the
Council creates an underground utility district and orders the removal of poles, overhead
wires and associated structures therein, as provided in section 17.64.100 hereof, it shall
be unlawful for any person or utility to erect, construct, place, keep, maintain, continue,
employ or operate poles, overhead wires and associated overhead structures in the district
after the date when said overhead facilities are required to be removed by such resolution,
except as said overhead facilities may be required to furnish service to an owner or
occupant of property prior to the performance by such owner or occupant of the
underground work necessary for such owner or occupant to continue to receive utility
service as provided in section 17.64.200 hereof, and for such reasonable time as may be
required to remove said facilities after said work has been performed, and except as
otherwise provided in this chapter. (2222-12/77)
17.64.120 Exceptions--Emerizencv or unusual circumstance declared exception.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and
maintained for a period not to exceed ten(10) days without authority of the Council in
order to provide emergency service. In such case,the Director of Public Works shall be
notified in writing prior to the installation of the facilities. The Council may grant special
legisdrft/mc 1764-LD/3/4/04 3
permission on such terms`"e Council may deem appropriate in d `es of unusual
circumstances, without discrimination as to any person or utility,to erect, construct,
install, maintain, use or operate poles overhead wires and associated overhead structures.
(2222-12/77)
17.64.130 Exceptions to this chapter. The following shall be excluded from the
provisions of this chapter unless otherwise provided in the resolution designating the
underground utilities district:
(a) Poles or electroliers used exclusively for street lighting.
(b) Overhead wires (exclusive of supporting structures) crossing any portion of a district
within which overhead wires have been prohibited, or connecting to buildings on the
perimeter of a district, when such wires originate in an area from which poles,
overhead wires and associated overhead structures are not prohibited.
(c) Poles, overhead wires and associated overhead structures used for the transmission of
electric energy at nominal voltages in excess of 34,500 volts.
(d) Any municipal facilities or equipment installed under the supervision and to the
satisfaction of the City Engineer.
(e) Overhead wires attached to the exterior surface of a building by means of a bracket or
other fixture and extending from one location on the building to another location on
the same building or to an adjacent building without crossing any public street.
(f) Antennas, associated equipment and supporting structures, used by a utility for
furnishing communication services.
(g) Equipment appurtenant to underground facilities, such as surface-mounted
transformers, pedestal-mounted terminal boxes and water cabinets and concealed
ducts.
(h) Temporary poles, overhead wires and associated overhead structures used or to be
used in conjunction with construction projects. (2222-12/77)
(i) Utilities with existing on-pole services as of the date of this
ordinance, where the utility is not the sole user of the poles, and
where the utility is replacing one single wire, cable, or line with
another or adding an additional smaller wire, cable or line, provided
that utility will be placed underground at the time the other utility
utilizing the poles places its service underground.
17.64.135 Lines not in use — notice to City At any time a line, cable or wire is
taken out of service, or abandoned or is otherwise no longer used, the utility
shall give notice of non-use to the City. Within six (6) months of the time upon
which the line, cable or wire ceases to be used (the notice date) the utility shall
remove the line, cable or wire from the poles.
17.64.140 Community antenna television service. Distribution lines and individual
service lines for community antenna television (CATV) service shall be installed
underground in all new developments within the city. All new CATV installations in said
new developments shall be made in accordance with specifications adopted by City
Council resolution. Said improvements within the public right-of-way, upon completion,
shall be dedicated to the city of Huntington Beach. (2222-12/77)
legisdrft/mc 1764-LD/3/10/04 4
17.64.150 Director of puL,--z works--Authority of. The Director of _ ablic Works shall
have the authority to waive the requirements of section 17.64.140 with respect to
improvements within the public right-of-way when, in his judgment, it is determined to
be in the best interest of the city so to do, based upon the following criteria:
(a) Whenever engineering plans and specifications are not required.
(b) Where existing improvements such as curbs and gutters, sidewalks, streets, etc. would
have to be removed and replaced.
(c) The location of existing overhead facilities.
(d) The location of existing structures.
(e) The condition of existing street improvements.
(f) The amount of lineal footage of CATV facilities involved. (2222-12/77)
17.64.160 Director of Community Development--Authorityf. The Director of
Community Development shall have the authority to waive the on-site requirements, as
set out in section 17.64.140, when, in his judgment, it is determined to be in the best
interest of the city so to do, based upon the following criteria: (2975-12/88)
(a) Where existing improvements would have to be removed and replaced.
(b) The location of existing overhead facilities.
(c) The location of existing structures.
(d) The condition of existing improvements.
(e) The amount of lineal footage of CATV facilities involved.
(f) The interface of the new development to the existing development on the site.
(g) The interface to similar facilities required off site. (2222-12/77)
17.64.170 City Council--Appeal to. Any landowner or developer affected may appeal
the determination of the Director of Public Works or the director of Community
Development to the City Council. (2222-12/77)
17.64.180 Notice to property owners and utility companies. Within ten (10) days after
the effective date of a resolution adopted pursuant to section 17.64.110 hereof, the City
Clerk shall notify all affected utilities and all person owning real property within the
district created by said resolution, of the adoption thereof. Said City Clerk shall further
notify such affected property owners of the necessity that if they or any person occupying
such property desire to continue to receive electric, communication or similar or
associated service,they or such occupant shall provide all necessary facility changes on
their premises so as to receive such service from the lines of the supplying utility or
utilities at a new location. (2222-12/77)
17.64.190 Responsibility of utility companies. If underground construction is necessary
to provide utility service within a district created by any resolution adopted pursuant to
section 17.64.110 hereof,the supplying utility shall furnish that portion of the conduits,
conductors and associated equipment required to be furnished by it under its applicable
rules,regulations and tariffs on file with the commission. (2222-12/77)
17.64.200 Responsibility of property owners.
Icgisdrft/mc 1764-LD/3/4/04 5
(a) Every person owning, operating, leasing, occupying or renting a building or structure
within a district shall construct and provide that portion of the service connection on
his property between the facilities referred to in section 17.64.190, and the
termination facility on or within said building or structure being served. If the above
is not accomplished by any person within the time provided for in the resolution
enacted pursuant to section 17.64.110 hereof, the City Engineer shall give notice in
writing to the owner thereof as shown on the last equalized assessment roll, to provide
the required underground facilities within thirty(30) days after receipt of such notice.
(b) The notice to provide the required underground facilities may be given either by
personal service or by mail. In case of service by mail on either of such persons, the
notice must be deposited in the United States mail in a sealed envelope with postage
prepaid, addressed to the person in possession of such premises, and the notice must
be addressed to such owner's last known address as the same appears on the last
equalized assessment roll, and when no address appears,to General Delivery, city of
Huntington Beach. If notice is given by mail, such notice shall be deemed to have
been received by the person to whom it has been sent within forty-eight (48) hours
after the mailing thereof. If notice is given by mail to either the owner or occupant of
such premises, the City Engineer shall, within forty-eight(48)hours after the mailing
thereof, cause a copy thereof,printed on a card not less than 8" x 10" in size, to be
posted in a conspicuous place on said premises.
(c) The notice given by the City Engineer to provide the required under ground facilities
shall particularly specify what work is required to be done, and shall state that if said
work is not completed within thirty (30) days after receipt of such notice, the City
Engineer will provide such required underground facilities, in which case the cost and
expense thereof will be assessed against the property benefited and become a lien
upon such property.
(d) If upon the expiration of the thirty(30) days, the said required underground facilities
have not been provided, the City Engineer shall forthwith proceed to do the work,
provided,however, if such premises are unoccupied and no electric or
communications services are being furnished thereto, the City Engineer shall in lieu
of providing the required undergrounding facilities, have the authority to order the
disconnection and removal of any and all overhead service wires and associated
facilities supplying utility service to said property. Upon completion of the work by
the City Engineer, he shall file a written report with the City Council setting forth the
fact that the required underground facilities have been provided and the cost thereof,
together with a legal description of the property against which such cost is to be
assessed. The Council shall thereupon fix a time and place for hearing protests
against the assessment of the cost of such work upon such premises, which said time
shall not be less than ten(10) days thereafter.
(e) The City Clerk shall forthwith, upon the time for hearing such protests having been
fixed, give a notice in writing to the person in possession of such premises, and a
notice in writing thereof to the owner thereof, in the manner hereinabove provided for
the giving of the notice to provide the required underground facilities, of the time and
place that the Council will pass upon such report and will hear protests against such
assessment. Such notice shall also set forth the amount of the proposed assessment.
(f) Upon the date and hour set for the hearing of protests, the Council shall hear and
consider the report and all protests, if there be any, and then proceed to affirm,modify
or reject the assessment.
(g) If any assessment is not paid within fifteen (15) days after its confirmation by the
Council,the amount of the assessment shall become a lien upon the property against
which the assessment is made by the City Engineer, and the City Engineer is directed
to turn over to the assessor and tax collector a notice of lien on each of said properties
legisdrft/mc 1764-LD/3/4/04 6
on which the assessmc,..,has not been paid, and said assessor at.—tax collector shall
add the amount of said assessment to the next regular bill for taxes levied against the
premises upon which said assessment was not paid. Said assessment shall be due and
payable at the same time as said property taxes are due and payable, and if not paid
when due and payable, shall bear interest at the rate of 6 percent per annum.
(2222-12/77)
17.64.210 Responsibility of city City shall remove at its own expense all city-owned
equipment from all poles required to be removed hereunder in ample time to enable the
owner or user of such poles to remove the same within the time specified in the resolution
enacted pursuant to section 17.64.110 hereof. (2222-12/77)
17.64.220 Extension of time. In the event that any act required by this chapter or by a
resolution adopted pursuant to section 17.64.110 hereof cannot be performed within the
time provided because of shortage of materials, war,restraint by public authorities,
strikes, labor disturbances, civil disobedience, or any other circumstances beyond the
control of the actor, then the time within which such act will be accomplished shall be
extended for a period equivalent to the time of such limitation. (2222-12/77)
legisdrft/mc 1764-LD/3/4/04 7
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Adopt an Ordinance Modifying Requirements for
Under grounding of Utilities
COUNCIL MEETING DATE: Aril 5, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome ) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORVMDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial late-,/
City Clerk
EXPLANATION FOR RETURN OF ITEM: D cv-llz�-;t „
(Below • . For Only)
RCA Author: D. Biggs, ext. 5909