HomeMy WebLinkAboutPub Hear - Establish Beach Boulevard Underground Utility Dis I/
CITY OF HUNTINGTON BEACH Iq
MEETING DATE: October 16, 2000 DEPARTMENT I1-NUMBER:PW 00-088 , ?
Council/Agency Meeting Held:
Deferred/Continued to:
A proved ❑ Con ' Tonally Approved ❑ Denied "'s Signature
C ncil Meeting Date: October 16, 2000 Department ID Number: PW 00-088
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
ca
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER"
SUBMITTED BY: RAY SILVER, City Administrator~ r
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Establish the Beach Boulevard Underground Utility Distrret Nib: 00-01-
Yorktown Avenue to Pacific Coast Highway 6_� Alt
==-statemmentr Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: It is proposed that an underground utility district be formed within
public right-of-way along Beach Boulevard between Yorktown Avenue and Pacific Coast
Highway.
Funding Source: No City funds are required. The California Public Utilities Commission
requires that public utilities set aside funding for Underground Utility Districts (Rule 20A).
Pursuant to this requirement, Southern California Edison Company has established a funding
program for current and future Underground Utility Districts within the City as set forth on
page three of the Engineer's Report (see attachment 3).
Recommended Action: Approve Resolution No. establishing an Underground
Utility District along Beach Boulevard between Yorktown Avenue and Pacific Coast Highway.
Alternative Action(s): Derry the recommended action and forgo formation of the district.
Analysis: Currently, there are areas within the City where utility service is still provided
to residential and commercial customers by way of overhead wires from utility poles within
the public right-of-way. It has been an on-going goal of the City to have overhead wires and
poles removed along the major arterial roadways of the City. The removal of overhead wires
and poles improves the general appearance of the street and reduces the potential for
accidents.
Beach UUD#2 -2- 1015100 11:53 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-088
In December of 1977, Council adopted Huntington Beach Municipal Code, Chapter 17.64.
This Chapter sets forth guidelines and procedures for-the formation of Underground Utility
Districts and authorizes Council to establish such districts. An Underground Utility District is
defined as the removal of all electrical and/or telephone poles and associated overhead
structures along a street or portion thereof.
Huntington Beach Municipal Code Chapter 17.64.020 requires the formation of an
Underground Utilities Coordinating Committee. The duty of the Committee is to determine the
location and priority of conversion work, and to advise the City Council on all technical aspects
of undergrounding public utilities. The current committee members include Glen Stultz,
Southern Califomia Edison Company; Robert Eichblatt, City Engineer; Bruce Crosby, Public
Works Department; and Howard Zelefsky, Planning Director.
On February 15, 2000, the Underground Utility Committee met to determine the location and
priority of conversion work within the City, and to establish immediate and long range Districts.
Beach Boulevard (Yorktown Avenue to Pacific Coast Highway)was established as the number
one priority, followed by Brookhurst Street (Adams Avenue to Pacific Coast Highway) and
Edinger Avenue (Gothard Street to Golden West Street). This will be the last of several
Districts along Beach Boulevard, south of the 1405.
The funding of these Districts is under the authority of the California Public Utilities
Commission, which adopted a requirement that public utilities set aside funding for
Underground Utility District infrastructure costs (Rule 20A). Pursuant to this requirement, the
Southern California Edison Company has established a funding program of $644,000 per
year for current and future Rule 20A Underground Utility Districts in the City of Huntington
Beach. Edison allows cities to °spend ahead" the funds for the following year's anticipated
allocation. The following table indicates the estimated funding and projects through 2004:
City of Huntington Beach Rule 20A Fund Allocations
Balance after completion of Beach Blvd. $ 388,000
Garfield to Yorktown District
2000 Allocation $ 644,000
Balance $1,032,000
2001 Allocation $ 644,000
Balance $1,676,000
Projected Cost of Beach Blvd.
Yorktown to PCH District $3,200,000
<$1,524,000>
2002 Allocation $ 644,000�
Balance <$ 880,000>
2003 Allocation $ 644,000
Balance <$ 236,000>
$ 408,000
Beach UUD#2 -3- 10/5100 11:53 AM
4 1
R QUEST FOR COUNCIL ACTION
MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-088
The proposed Underground Utility District along Beach Boulevard from Yorktown Avenue to
Pacific Coast Highway will likely be constructed in two or three phases in order to correspond
to the funding allocations. Phase limits will be determined as Edison completes design and
cost estimates. The utility companies responsible for telephone (GTE) and cable television
(Time Warner) will prepare designs and allocate funding to concurrently place their overhead
facilities underground based on the phase limits established by Edison.
The Planning Commission, on March 28, 2000, approved GENERAL PLAN
CONFORMANCE NO. 99-4 (Beach Boulevard Underground Utility District) with the following
findings:
1. The establishment of the Underground Utility District is consistent with the goals and
policies of the Huntington Beach General Plan because it will allow the undergrounding of
Southern California Edison power poles along Beach Boulevard, which will enhance the
visual appearance of Beach Boulevard.
2. The proposed Underground Utility District will provide a utility system that is able to
support the permitted land uses and will improve safety for vehicular traffic on Beach
Boulevard by relocating above-ground utilities underground.
3. The establishment of the Underground Utility District is part of public infrastructure and
service improvements necessary to implement the goals and policies as defined in the
Public Utilities and Urban Design Elements of the General Plan.
4. The proposed Underground Utility District furthers the goals and objectives of the General
Plan because it promotes the coordination efforts between the City of Huntington Beach
and utility companies to underground overhead utilities where possible.
The City Council, on September 18, 2000, approved Resolution No. 2000-89 calling for a
public hearing to determine whether public necessity, health, safety, or welfare require the
formation of an underground utility district along Beach Boulevard between Yorktown Avenue
and Pacific Coast Highway. Pursuant to this action, and in accordance with the attached
Engineer's Report (see attachment 3), it is recommended that Council approve the attached
Resolution No. o24Vd-Y establishing an Underground Utility District along Beach
Boulevard between Yorktown Avenue and Pacific Coast Highway.
Environmental Status: This project has been determined to be categorically exempt
pursuant to Class 2, Section 15302 of the California Environmental Quality Act.
Beach UUD#Moe -4- 10/05100 4:45 PM
e
REQUEST FOR COUNCIL ACTION
MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-088
Attachment(s):
City Clerk's
. • - NumberDescription
1 Location Map
2 Resolution No.
3 Engineers Report
RCA Author. B. Crosby:jm
g:englcrosbylrca'slbeach uud#2
Beach UUD#2 -5- 1015100 11:53 AM
S� I��so. No. 2oou, y9
ATTACHMENT 1
[VIC,rm'1 MAP
ATTACHMENT 2 11
1
i •
RESOLUTION NO. 2000-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING UNDERGROUND
UTILITY DISTRICT ON BEACH BOULEVARD BETWEEN
YORKTOWN AVENUE AND PACIFIC COAST HIGHWAY
WHEREAS, by Resolution No2000-89a public hearing was called for 10-16-2000 , at
the hour of 7:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers
of the Civic Center, to ascertain whether the public necessity, health, safety or welfare requires
the removal of poles, overhead wires and associated overhead structures, and the underground
installation of wires and facilities for supplying electric, communication, or similar or associated
service to an underground utility district comprised of property within the public right of way on
Beach Boulevard between Yorktown Avenue and Pacific Coast Highway per attached district
map; and
Notice was given to all affected property owners and utilities concerned in the manner
and for the time required by law; and
Such hearing has been duly and regularly held, and all persons interested have been given
an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Huntington Beach hereby finds and determines that the public necessity, health, safety and
welfare requires the removal of poles, overhead wires and associated structures, and the
underground installation of wires and facilities for supplying electric, communication, or similar
or associated service within that area more particularly described as the property within the
public right-of-way on Beach Boulevard between Yorktown and Pacific Coast Highway, which is
hereby established as Beach Boulevard Underground Utility District No.00-01 ,
BE IT FURTHER RESOLVED that the City Council of the City of Huntington Beach
finds that:
(a) Such undergrounding will avoid or eliminate an unusually heavy concentration of
overhead transmission facilities; and
(b) Said streets and avenues are extensively used by the general public and carry a
heavy volume of pedestrian and vehicular traffic.
BE IT FURTHER RESOLVED that all poles, overhead wires and associated overhead
structures shall be removed and underground installations made in said underground utility
district no later than December 30, 2003 by all affected utility companies.
I
j mp/k/ellisav2/12/17/99
Res. No. 2000-99
BE IT FURTHER RESOLVED that the City Clerk, within ten (10) days after the
adoption of this resolution, shall mail a copy hereof and a copy of the Huntington Beach
Municipal Code Chapter 17.64 to affected property owners, if any, as shown on the last equalized
assessment roll, and to the affected utilities.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 16th day of October , 2000.
ate
Mayor �
ATTEST:
C APPROVED AS TO FORM:
City Clerk
City Attorney
REVIEWED AND APPROVED: �a a9yf
T AND AP VED:
11
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City Ad nistrator
Director of Public Works
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MONAMEN
Res. No. 2000-99
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 resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 16th
day of October, 2000 by the following vote:
AYES: .Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio eferk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT 3
ENGINEER'S REPORT
October 22, 1999
Beach Boulevard Underground Utility District
'Yorktown,Avenue to Pacif a Coast Highway
DEFINITION OF AN UNDERGROUND UTILITY DISTRICT:
An underground utility district is an area in the City within which utility poles, overhead wires
and associated overhead structures are prohibited. The procedure for establishing an
underground utility district is clearly defined in Chapter 17.64 of the City's Municipal Code.
PURPOSE OF UNDERGROUND UTILITY DISTRICTS:
Currently, there are areas within the City where utility service is still provided to residential and
commercial customers by way of overhead wires from utility poles within the public right-of-
way. It has been an on-going goal of the City to have overhead wires and poles removed along
the major arterial roadways of the city. The removal of overhead wires and poles improves the
general appearance of the street and reduces the potential for accidents. (i.e. someone hitting a
power pole or possible power outage due to a storm.)
TYPES OF UTILITY DISTRICTS:
There are two basis types of underground utility districts. The first is a Rule 20A project. "Rule
20A" refers to a Public Utility Commission rule that requires.utility companies to set aside funds
for the undergrounding of utilities. The establishment of a Rule 20A district is based upon the
recommendations of the City and the applicable utility companies. The second district type --
Rule 20B -- is a developer requested district. These districts are generally coordinated by the
developer and any costs are borne by the developer.
METHODS OF ESTABLISHING DISTRICTS:
In 1977, the Huntington Beach City Council adopted Huntington Beach Municipal Code,
Chapter 17.64. This chapter set forth guidelines for procedures for the establishment of
Underground Utility Districts. Pursuant to this chapter, the City must adopt two resolutions as a
prerequisite to the establishment of a district. In the case of the proposed District, the first
resolution calls for a public hearing to establish the District. The second resolution calls for the
establishment of the district.
UTILITY UNDERGROUND COORDINATION COMMITTEE:
Huntington Beach Municipal Code, Chanter 17.64.020 requires the formation of a Underground
Utilities Coordinating Committee. The duty of the committee is to determine the location and
priority of conversion work, and to advise the City Council on all technical aspects of
undergrounding public utilities. Specifically,the committee shall:
a) Determine the location and priority of conversion within the City;
b) Recommend specific projects and methods of financing;
c) Recommend time limitation for completing of projects and extentions of time;
d) Develop a long-range plan for establishing underground utility districts;
1
1
e) Perform such other duties as may be assigned to it by the City Council.
Current committee members include the following representatives from:
Public Utilities
Sean Kelly Southern California Edison Co.
City of Huntington Beach
Robert E. Eichblatt City Engineer
Bruce P. Crosby Civil Engineer Assistant
Howard Zelefsky Planning Director
On October 5, 1999, the Underground Utility Committee met to determine the location and
priority of conversion work within the City, and to establish immediate and long range Districts.
Three (3) potential Districts were identified. Beach Boulevard (Yorktown Avenue to Pacific
Coast Highway)was established as the number one priority.
DISTRICT TIME-LINE:
Action/Event Date
1. Beach Boulevard selected as priority October 5, 1999
2. Planning Commission approval December 21, 1999 (Proposed)
of the proposed District
3. Call for public hearing to establish District January 3,2000 (Proposed)
4. Resolution/Establishment of District January 18, 2000 (Proposed)
5. Removal of utility poles June 2001 (Proposed)
FUNDING SOURCE:
The California Public Utilities Commission requires that public utilities set aside funding for
Underground Utility Districts (Rule 20A). Due to the $3,200,000 estimated cost of this project,
the work will be done in phases (see chart below) as yearly allocations permit. Currently, there
is a two year waiting list for Rule 20A Districts; as a result, the work will not commence until the
year 2001.
1998 Year End Balance $ 724,000
1999 Allocation $ .644,000
Subtotal $1,368,000
Projected Cost of Beach Blvd.Garfield to Yorktown ($ 980,000)
Balance $ 388,000
2000 Allocation $ 644,000
Balance $1,032,000
2001 Allocation(Phase 1) $ 644,000
Balance 1$3,200,000
,676,000
Projected Cost of Beach Blvd.—Yorktown to PCH (2 miles)
Balance ,524,000)
2002 Allocation(Phase 2) 644,000
Balance ($ 880,000)
2
2003 Allocation (Phase 3) $ 644,000
Balance ($ 236,000)
2004 Allocation(Phase 4) $ 644,000
Balance $ 408,000
SUMMARY AND STAFF RECOMMENDATIONS:
Staff recommends that Council:
I. Call a public hearing to ascertain whether the public necessity, health, safety or welfare
requires the removal of these poles and the associated overhead structures.
2. Adopt by affirmative vote of at least five members of the Council a Resolution declaring that
portion of Beach Boulevard an Underground Utility District, and order the removal of
overhead facilities.
Robert E. Eichblatt
City Engineer
34170
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Pic 'N' Save of California Inc.
% Consolidated Stores Corp.
Att: Lease Admin Auditor, Dept. 10051
300 Philipi Rd.
Columbus, OH, 43228-0512
AP # 148-021-17
Signa Enterprises, Inc.
PO Box 67
Placentia, CA. 92871-0067
AP # 148-021-24
Bijan Sassounian
16373 Bolsa Chica Street
Huntington Beach, CA. 92649-2664
AP # 148-021-14
Signa Enterprises, Inc.
PO Box 67
Placentia, CA. 92871-0067
AP # 148-021-25
Essex Huntington Breakers
% Essex Property Trust
Att: Accounting Dept.
925 E. Meadow Drive
Palo Alto, CA. 94303-4233
AP # 151-341-01
Gary J. Lairson
8031 Driftwood Drive
Huntington Beach, CA. 92646-5001
AP # 151-341-02
Niall P. Elliott
8011 Driftwood Drive
Huntington Beach, CA. 92646-5001
AP # 151-341-03
Robert M. O'Neil
8001 Driftwood Drive
Huntington Beach, CA. 92646-5001
AP # 151-293-42
Seaview Plaza Management, Inc
% Murry Seidner
1949 Auto Center Drive
Glendora, CA. 91740-6714
GIEng/Crosby/Beach UUO/mailing labels
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AP # 153-091-05 AP # 025-200-50
Sam F. Freedman Best California Gas Ltd.
19542 Beach Boulevard 13539 E. Foster Rd.
Huntington Beach, Ca. 92648-2903 Santa Fe Springs, CA. 90670-4836
AP # 153-091-06 AP #-025-200-62
Beverly A. Baier Donald P. Jones
1200 N. Harbor Boulevard PO Box 4018
Anaheim, CA. 92801-2420 Huntington Beach, CA. 92661-4018
AP # 153-091-17 AP # 025-200-68
Hoag Memorial Hospital Presbyterian Ming International Group
301 Newport Boulevard 9202 Ellsworth
Newport Beach, CA. 92663-4120 Huntington Beach, CA. 92626-5821
AP # 025-191-02 AP # 025-200-51
Douglas Young Econo tube N` Tune Inc.
4949 Warner Avenue PO Box 2470
Huntington Beach, CA. 92649-4406 Newport Beach, CA. 92658-2470
AP # 025-191-36 AP # 025-200-66
Marco Velastegui Evangelical Free Church
PO Box 5293 19891 Beach Boulevard
Huntington Beach, CA. 92615-5923 Huntington Beach, CA. 92648-3221
AP # 025-191-42 AP # 025-200-61
Donald P. Jones Donald P. Jones
PO Box 4018 PO Box 4018
Huntington Beach, CA. 92661-4018 Huntington Beach, CA. 92661 A01 8
AP # 025-191-45 AP # 025-200-64
Marco Velastegui Martin Stern Jr.
PO Box 5293 5820 Wilshire Boulevard, # 200
Huntington Beach, CA. 92615-5923 Los Angeles, CA. 90036-4547
AP # 025-191-51 AP # 025-143-10
Beach Metro LLC 'Walgreen Corp.
% Metro Commercial Realty 300 Wilmot Rd.
500 Newport Center Drive, # 930 Deerfield, IL. 60015-4614
Newport Beach, CA. 92660-7018
AP # 148-021-15
AP # 025-191-32 Rhothrift Associates
Donald P. Jones '% Thrifty Payless Inc.
PO Box 4018 PO Box 8431
Huntington Beach, CA. 92661-4018 Harrisburg, PA. 17105-8431
AP # 025-191-43 AP # 148-021-19
Glen R. Nelson Breaker Center
PO Box 1 21182 Beach Boulevard
Orange, CA. 92856-3948 Huntington Beach, CA. 92648-5404
Huntington Beach Municipal Code 17.64.010- 17.64.020(e)
Winter 17.64
UNDERGROLMING OF UTILITIES
(2222-12/77,2975-12/88)
Sections:
17.64.010 Definitions
17.64.020 Underground utilities coordinating committee established
17.64.030 Duties
17.64.040 Planning Comnssion 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
17.64.140 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)
7 2 till ' r in ting 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: (2222-12177,2382-7/79, 297&
12/88)
(a) Director of Public Works;
(b) Director of Community Development;
(c) One city employee appointed by the City Administrator;
(d) District representative, Southern California Edison Company; and
(e) Senior engineer, Public Improvements, General Telephone Company.
12188
17.64,030--17.64.080 Huntington Beach Municipal Code
17,64.03Q 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. (2222-12177)
1.7.64.040 Planning Commission reviM 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)
1.7,64,050 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)
]7.64.060 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. (2222-12I77)
17.64,070 Cgriversion . Any new overhead service which is permitted by
these provisions shall have installed a service panel to facilitate conversion to underground
utilities at a future date. (2222-12177)
12188
! 0
Huntington Beach Municipal Code 17.64.080--17.64.120
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. (2222-12177)
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. (2222-12177)
17.64,100 CQuncili ndugmund Utilify disiriCts 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)
3-7,64.110 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. (2222-1 W7)
7. 4.120 Exceptions—Egigrgrney or unusual circumstance declared ex n.
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 permission on
such terms as the Council may deem appropriate in cases 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. (2222-12177)
12188
17-64.130-17.64.150(f) Huntington Beach Municipal Code
17,64,130 Exceptions to this chanter. 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. (2222-1297)
17,64,140 Community antenna television servccg. 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. (2222-12177)
17.64.150 Director of public works--Authority of. The Director of Public 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)
12/88
i 1
Huntington Beach Municipal Code 17.64.160-17.64.200(b)
17,64,160 Director of Community Development--Authority of. 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: (2975-12188)
(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. (2222-1297)
17,64,170 01y_Council=Appeal t0_. 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. (2222-12177)
17,64.180 Notice to property owners and utility 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. (2222-12177)
17,64.190 Responsibffily 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. (2222-12177)
17,64,200 Responsibility of proper owners.
(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
12/88
0 0
17.64.160(d)-17.64.200(b) Huntington Beach Municipal Code
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 on which the assessment
has not been paid, and said assessor and 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. (2222-12177)
17.64.210 Responsibility. f cilL 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. (2222-12fM
12188
! . •
Huntington Beach Municipal Code 17,64.220
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. (2222-12f77)
12/88
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Beach Boulevard Underground Utility district No. 00-01
-
'' Yorktown Avenue to Pacific Coast Highway
COUNCIL MEETING DATE: October 16, 2000
A A "TAH ST 'US
Ordinance w/exhibits & le islative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (wlexhibits if applicable)
(Signed in full bX 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) Attached
Commission, Board or Committee Report If applicable) Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
-.
F.JCP,LANATIN FOR M1hN ATTAHM ►ITS
RE1ll'EFED FOR�t1rt'ARDED'
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial rxr�
City Clerk
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RCA Author B. Crosby
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RESOLUTION NO. 2000-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING UNDERGROUND
UTILITY DISTRICT ON BEACH BOULEVARD BETWEEN
YORKTOWN AVENUE AND PACIFIC COAST HIGHWAY
WHEREAS, by Resolution No?000-89a public hearing was called for 10-16-2000 , at
the hour of 7:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers
of the Civic Center, to ascertain whether the public necessity, health, safety or welfare requires
the removal of poles, overhead wires and associated overhead structures, and the underground
installation of wires and facilities for supplying electric, communication, or similar or associated
service to an underground utility district comprised of property within the public right of way on
Beach Boulevard between Yorktown Avenue and Pacific Coast Highway per attached district
map; and
Notice was given to all affected property owners and utilities concerned in the manner
and for the time required by law; and
Such hearing has been duly and regularly held, and all persons interested have been given
an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Huntington Beach hereby finds and determines that the public necessity, health, safety and
welfare requires the removal of poles, overhead wires and associated structures, and the
underground installation of wires and facilities for supplying electric, communication, or similar
or associated service within that area more particularly described as the property within the
public right-of-way on Beach Boulevard between Yorktown and Pacific Coast Highway,which is
hereby established as Beach Boulevard Underground Utility District No. 00-01 ,
BE IT FURTHER RESOLVED that the City Council of the City of Huntington Beach
finds that:
(a) Such undergrounding will avoid or eliminate an unusually heavy concentration of
overhead transmission facilities; and
(b) Said streets and avenues are extensively used by the general public and carry a
heavy volume of pedestrian and vehicular traffic.
BE IT FURTHER RESOLVED that all poles,overhead wires and associated overhead
structures shall be removed and underground installations made in said underground utility
district no later than December 30, 2003 by all affected utility companies.
z
j mpWe[1isav2/12/17199
0 0 Res. No. 2100-99
BE 1T FURTHER RESOLVED that the City Clerk, within ten (10) days after the
adoption of this resolution, shall mail a copy hereof and a copy of the Huntington Beach
Municipal Code Chapter 17.64 to affected property owners, if any, as shown on the last equalized
assessment roll, and to the affected utilities.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 16th day of October , 2000.
Mayor
ATTEST:
dftw'� 69KO�,(91 APPROVED AS TO FORM:
City Clerk je-j o
by Attorney
REVIEWED AND APPROVED: �y 29`fKtf
LATE AND AP VED: 1
City Ad nistrator 1 "_- •�(
Director of Public Works
2
j mp/k/e11 isav2/12/17/99
• 111 • •
NONE
MEN�
PROJECT IM■■■■■■�:s
■■■■■■m■s
SITE ■■■■■■
■■■
IEEE 0
NEE
f f
Res. No. 2000-99
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 resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 16th
day of October, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
�V
City Clerk and ex-officio eferk of the
City Council of the City of
Huntington Beach, California
r
Huntington Beach Municipal Code 17.84.010- 17.64.020(e)
Chapftr 17.64
ERGROUNDING OE UTILITIE
(2222-12J77,2975-12188)
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
17.64.140 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 caordinating_comnAttee--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: (2222-12/77,2382-7179,2975-
12188)
(a) Director of Public Works;
(b) Director of Community Development;
(c) One city employee appointed by the City Administrator;
(d) District representative, Southern California Edison Company; and
(e) Senior engineer, Public Improvements, General Telephone Company.
12188
{
r
17.64.030--17.64.080 Huntington Beach Municipal Code
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) DeveIop 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. (2222-1Z77)
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. (2222-12r77)
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 Iines, 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.
(2222-1277)
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. (2222-1297)
17 64 07Q Conversion of overhead utilities. Any new overhead service which is permitted by
these provisions shall have installed a service panel to facilitate conversion to underground
utilities at a future date. (2222-12177)
12/88
Huntington Beach Municipal Code 17.64.080-17.64.120
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. (2222-12177)
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-IZ77)
17.fi4.100 Council may designate undergrQundtill 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. (2222-12f77)
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. (2222-12177)
17.64,120 Exception$--Emergency or unusual circumstance declared excel.
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 permission on
such terms as the Council may deem appropriate in cases 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. (2222-12177)
12188
17.64.130- 17.64.150(o Huntington Beach Municipal Code
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.
(fl 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. (2222-12177)
17,64.140 Communes 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)
17.64.150 Director of public works--Authority of. The Director of Public 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)
12/88
Y
Huntington Beach Municipal Code 17.64.160--17.64.200(b)
Development—AuthorityThe 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. (2222-1277)
17,64,170 City Council-Appeal tQ. 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 NQtice to VropeM owners and utili!y . 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)
17.64.120 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 famished by it under its applicable rules,regulations and
tariffs on file with the commission. (2222-12/77)
17.64.2QQ Responsibility of prop owners.
(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
12/88
i
17.64.160(d)--17.64.200(b) Huntington Beach Municipal Code
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 on which the assessment
has not been paid, and said assessor and 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. (2222-1W7)
17.64.210 Respon5ibilify 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. (2222-12fM
12/88
Huntington Beach Municipal Code 17.64.220
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. (2222-12R7)
leas
*CITY OF HUNTINGTON BEACH !
MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: PW 00-087
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
1 - �,�I;ti' Signature
Council Meeting Date: September 18, 2000 Department ID Number: PW 00-087
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator00-J
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Beach Boulevard Underground Uti7e-s.
District No. 00-01- Yorktown
Avenue to Pacific Coast Highway Ale. �a4�9 -J�,7
Statement of Issue,Funding Source,Recommended Action,Alternative Action1s),Analysis,Environmental Status,Attachmant(s)
Statement of Issue: It is proposed that an underground utility district be formed within
public right-of-way along Beach Boulevard between Yorktown Avenue and Pacific Coast
Highway.
Funding Source: No City funds are required. The California Public Utilities Commission
requires that public utilities set aside funding for Underground Utility Districts (Rule 20A).
Pursuant to this requirement, Southern California Edison Company has established a funding
program for current and future Underground Utility Districts within the City as set forth on
page three of the Engineer's Report (see attachment 3).
Recommended Action: Approve the attached Resolution NoddJ - Eq calling for a
hearing to determine whether or not public necessity, health, safety, or welfare require the
formation of an underground utility district along Beach Boulevard between Yorktown Avenue
and Pacific Coast Highway.
Alternative Actionts): Deny the recommended action and forego formation of the district.
Analysis: Currently; there are areas within the City where utility service is still provided to
residential and commercial customers by way of overhead wires from utility poles within the
public right-of-way. It has been an on-going goal of the City to have overhead wires and poles
removed along the major arterial roadways of the City. The removal of overhead wires and
poles improves the general appearance of the street and reduces the potential for accidents.
Beach UL1D#1 -2- 918100 2:39 PM
RQUEST FOR COUNCIL ACAN
MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: PW 00-087
In December of 1977, Council adopted Huntington Beach Municipal Code, Chapter 17.64.
This Chapter sets forth guidelines and procedures for the formation of Underground Utility
Districts and authorizes Council to establish such districts. An Underground Utility District is
defined as the removal of all electrical and/or telephone poles and associated overhead
structures along a street or portion thereof. Pursuant to _Huntington Beach Municipal Code,
Chapter 17.64.100, Council can establish a District if public necessity, health, safety or
welfare require the removal of poles. As a prerequisite to the establishment of a District, two
resolutions must be adopted. The first resolution calls for a public hearing to establish the
District. At the conclusion of the public hearing, a second resolution is adopted, which
establishes the District.
Huntington Beach Municipal Code, Chapter 17.64.020 requires the formation of an
Underground Utilities Coordinating Committee. The duty of the committee is to determine the
location and priority of conversion work, and to advise the City Council on all technical aspects
of undergrounding public utilities. The current committee members include Glen Stultz,
Southern California Edison Company; Robert Eichblatt, City Engineer; Bruce Crosby, Public
Works Department; and Howard Zelefsky, Planning Director.
On February 15, 2000, the Underground Utility Committee met to determine the location and
priority of conversion work within the City, and to establish immediate and long range Districts.
Beach Boulevard (Yorktown Avenue to Pacific Coast Highway) was established as the number
one priority, followed by Brookhurst Street (Adams Avenue to Pacific Coast Highway) and
Edinger Avenue (Gothard Street to Golden West Street). This will be the last of several
Districts along Beach Boulevard that began at 1405 and proceeded southerly.
Pursuant to Huntington Beach Municipal Code Chapter 17.64.090, Council may 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,
telephone, or similar associated services. Prior to holding such public hearing, the City
Engineer shall prepare a report (see attachment 3) for submission at such hearing.
The funding of these Districts is under the authority of the California Public Utilities
Commission, which adopted a requirement that public utilities set aside funding for
Underground Utility District infrastructure costs (Rule 20A). Pursuant to this requirement, the
Southern California Edison Company has established a funding program of $644,000 per
year for current and future Rule 20A Underground Utility Districts in the City of Huntington
Beach. Edison allows cities to 'spend ahead" the funds for the following year's anticipated
allocation. The following table indicates the estimated funding and projects through 2004.
Beach UUD#1 -3- 9/8I00 2:39 PM
RQUEST FOR COUNCIL ACAN
MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER:PW 00-087
City of Huntington_Beach Rule 20A Fund Allocations
Balance after completion of Beach Blvd. $ 388,000
Garfield to Yorktown District
2000 Allocation $ 644,000
Balance $1,032,000
2001 Allocation $ 644,000
Balance $1,676,000
Projected Cost of Beach Blvd.
Yorktown to PCH District $3,200,000
<$1,524,000>
2002 Allocation $ 644,000
Balance <$ 880,000>
2003 Allocation $ 644,000
Balance <$ 236,000>
$ 403,000
The proposed Underground Utility District along Beach Boulevard from Yorktown Avenue to
Pacific Coast Highway will likely be constructed in two or three phases in order to correspond
to the funding allocations. Phase limits will be determined as Edison completes design and
cost estimates. The utility companies responsible for telephone (GTE) and cable television
(Time Warner) will prepare designs and allocate funding to concurrently place their overhead
facilities underground based on the phase limits established by Edison.
The Planning Commission, on March 28, 2000, approved GENERAL PLAN
CONFORMANCE NO. 99-4 (Beach Boulevard Underground Utility District) with the following
findings:
1. The establishment of the Underground Utility District is consistent with the goals and
policies of the Huntington Beach General Plan because it will allow the undergrounding of
Southern California Edison power poles along Beach Boulevard, which will enhance the
visual appearance of Beach Boulevard.
2. The proposed Underground Utility District will provide a utility system that is able to
support the permitted land uses and will improve safety for vehicular traffic on Beach
Boulevard by relocating above-ground utilities underground.
3. The establishment of the Underground Utility District is part of public infrastructure and
service improvements necessary to implement the goals and policies as defined in the
Public Utilities and Urban Design Elements of the General Plan.
4. The proposed Underground Utility District furthers the goals and objectives of the General
Plan because it promotes the coordination efforts between the City of Huntington Beach
and utility companies to underground overhead utilities where possible.
Beach UUD#1 -4- 918100 2:39 PM
RQUEST FOR COUNCIL ACT41IN
MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: PW 00-087
Environmental Status: This project has been determined to be categorically exempt
pursuant to Class 2, Section 15302 of the California Environmental Quality Act.
Attachmenysl:
City Clerk's
Page Number No. Description
...........................
1 Vicinity Map
...........................
2 Resolution No.
3 Engineer's Report
RCA Author: B. Crosby-jm
g:eng/crosby1rca's....
Beach UUD#1 -5- 918/00 2:39 PM
ATTACHMENT 1
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ATTACHMENT 2
• 0
RESOLUTION NO. 2000-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CALLING A PUBLIC HEARING TO
DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY
OR WELFARE REQUIRE THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT ON BEACH BOULEVARD
BETWEEN YORKTOWN AVENUE AND PACIFIC COAST HIGHWAY
WHEREAS, Huntington Beach Municipal Code Chapter 17.64 establishes a procedure
for the creation of underground utility districts and requires, as the initial step, the holding of
public hearing to ascertain whether public necessity, health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric communication, or similar or associated
service in any such district; and
It has been recommended that such an underground utility district be formed to include
property within the public right-of-way on Beach Boulevard between Yorktown Avenue and
Pacific Coast Highway(see Exhibit A attached),
NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve as
follows:
SECTION 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach on 1 01 1 b/00 at the hour of 7:00 p.m. in the
Council Chambers of the Civic Center, or as soon thereafter as the matter may be heard, to
ascertain whether the public necessity, health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication, or similar associated service in the districts
hereinabove described.
SECTION 2. At such hearing all persons interested shall be given an opportunity to be
heard. Said hearing may be continued from time to time as may be determined by the City
Council.
1
j mp/el l isav-3/1 2/1 7199
es. No. 2000-89
SECTION 3. The City Clerk shall notify all affected property owners as shown on the
last equalized assessment roll and utilities concerned of the time and place of such hearing by
mailing a copy of this resolution to such property owners and utilities concerned at least ten (10)
days prior to the date thereof.
SECTION 4. The areas proposed to be included in the district are shown on those
certain maps entitled 'Beach Boulevard Underground Utility District" which is on file in the
Department of Public Works of the City of Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of September 2000
ATTEST: Mayor
City Clerk I- 20 - oo APPROVED AS TO FORM:
REVIEWED AND APPROVED: i �r ttorne
i z- z151-9 y
C r T AND AP VED.
City Adm strator rl
Director of Public Works
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Res. No. 2000-89
STATE OF CALIFORNIA j
COUNTY OF ORANGE j 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 resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 18th
day of September, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, Califomia
ATTACHMENT 3
4
ENGINEER'S REPORT
October 22, 1999
Beach Boulevard Underground Utility District
Yorktown Avenue to Pacific Coast Highway
DEFINITION OF AN UNDERGROUND UTILITY DISTRICT:
An underground utility district is an area in the City within which utility poles, overhead wires
and associated overhead structures are prohibited. The procedure for establishing an
underground utility district is clearly defined in Chapter 17.64 of the City's Municipal Code.
PURPOSE OF UNDERGROUND UTILITY DISTRICTS:
Currently, there are areas within the City where utility service is still provided to residential and
commercial customers by way of overhead wires from utility poles within the public right-of-
way. It has been an on-going goal of the City to have overhead wires and poles removed along
the major arterial roadways of the city. The removal of overhead wires and poles improves the
general appearance of the street and reduces the potential for accidents. (i.e. someone hitting a
power pole or possible power outage due to a storm.)
TYPES OF UTILITY DISTRICTS:
There are two basis types of underground utility districts. The first is a Rule 20A project. "Rule
20A" refers to a Public Utility Commission rule that requires utility companies to set aside funds
for the undergrounding of utilities. The establishment of a Rule 20A district is based upon the
recommendations of the City and the applicable utility companies. The second district type --
Rule 20B -- is a developer requested district. These districts are generally coordinated by the
developer and any costs are borne by the developer.
METHODS OF ESTABLISHING DISTRICTS:
In 1977, the Huntington Beach City Council adopted Huntington Beach Municipal Code,
Chapter 17.64. This chapter set forth guidelines for procedures for the establishment of
Underground Utility Districts. Pursuant to this chapter, the City must adopt two resolutions as a
prerequisite to the establishment of a district. In the case of the proposed District, the first
resolution calls for a public hearing to establish the District. The second resolution calls for the
establishment of the district.
UTILITY UNDERGROUND COORDINATION COMMITTEE:
Huntington Beach Municipal Code, Chapter 17.64.020 requires the formation of a Underground
Utilities Coordinating Committee. The duty of the committee is to determine the location and
priority of conversion work, and to advise the City Council on all technical aspects of
undergrounding public utilities. Specifically,the committee shall:
a) Determine the location and priority of conversion within the City;
b) Recommend specific projects and methods of financing;
c) Recommend time limitation for completing of projects and extentions of time;
d) Develop a long-range plan for establishing underground utility districts;
1
e) Perform such other duties as may be assigned to it by the City Council.
Current committee members include the following representatives from:
Public Utilities
Sean Kelly Southern California Edison Co.
City of Huntington Beach
Robert E. Eichblatt City Engineer
Bruce P. Crosby Civil Engineer Assistant
Howard Zelefsky Planning Director
On October 5, 1999, the Underground Utility Committee met to determine the location and
priority of conversion work within the City, and to establish immediate and long range Districts.
Three (3) potential Districts were identified. Beach Boulevard (Yorktown Avenue to Pacific
Coast Highway)was established as the number one priority.
DISTRICT TIME-LINE:
Action/Event Date
1. Beach Boulevard selected as priority October 5, 1999
2. Planning Commission approval December 21, 1999 (Proposed)
of the proposed District
3. Call for public hearing to establish District January 3, 2000 (Proposed)
4. Resolution/Establishment of District January 18, 2000 (Proposed)
5. Removal of utility poles June 2001 (Proposed)
FUNDING SOURCE:
The California Public Utilities Commission requires that public utilities set aside funding for
Underground Utility Districts (Rule 20A). Due to the $3,200,000 estimated cost of this project,
the work will be done in phases (see chart below) as yearly allocations permit. Currently, there
is a two year waiting list for Rule 20A Districts; as a result, the work will not commence until the
year 2001.
1998 Year End Balance $ 724,000
1999 Allocation $ 644,000
Subtotal $1,368,000
Projected Cost of Beach Blvd.-Garfield to Yorktown ($ 980,000)
Balance $ 388,000
2000 Allocation $ 644,000
Balance $1,032,000
2001 Allocation (Phase 1) $ 644,000
Balance $1,676,000
Projected Cost of Beach Blvd.—Yorktown to PCH (2 miles) $3,200,000
Balance ($1,524,000)
12002 Allocation(Phase 2) $ 644,000
Balance ($ 880,000)
2
2003 Allocation(Phase 3) $ 644,000
Balance ($ 236,000)
2004 Allocation(Phase 4) $ 644,000
Balance $ 408,000 T
SUMMARY AND STAFF RECOMMENDATIONS:
Staff recommends that Council:
1. Call a public hearing to ascertain whether the public necessity, health, safety or welfare
requires the removal of these poles and the associated overhead structures.
2. Adopt by affirmative vote of at least five members of the Council a Resolution declaring that
portion of Beach Boulevard an Underground Utility District, and order the removal of
overhead facilities.
Robert E. Eichblatt
City Engineer
34170
3
i ��
Publi Baring Scheduled for October 2000
RESOLUTION NO. 2000-89
A RESOLUTION OF THE CITY COUNCEL OF THE CITY OF
HUNTINGTON BEACH CALLING A PUBLIC HEARING TO
DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY
OR WELFARE REQUIRE THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT ON BEACH BOULEVARD
BETWEEN YORKTOWN AVENUE AND PACIFIC COAST HIGHWAY
WHEREAS, Huntington Beach Municipal Code Chapter 17.64 establishes a procedure
for the creation of underground utility districts and requires, as the initial step, the holding of
public hearing to ascertain whether public necessity, health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric communication, or similar or associated
service in any such district; and
It has been recommended that such an underground utility district be formed to include
property within the public right-of-way on Beach Boulevard between Yorktown Avenue and
Pacific Coast Highway. (Exhibit A - map - on file in the Office of the City Clerk)
NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve as
follows:
SECTION 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach on 1 d//G 10d at the hour of 7:00 p.m. in the
Council Chambers of the Civic Center, or as soon thereafter as the matter may be heard, to
ascertain whether the public necessity, health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication, or similar associated service in the districts
hereinabove described.
SECTION 2. At such hearing all persons interested shall be given an opportunity to be
heard. Said hearing may be continued from time to time as may be determined by the City
Council.
SECTION 3. The City Clerk shall notify all affected property owners as shown on the
last equalized assessment roll and utilities concerned of the time and place of such hearing by
mailing a copy of this resolution to such property owners and utilities concerned at least ten (10)
days prior to the date thereof.
SECTION 4. The areas proposed to be included in the district are shown on those
certain maps entitled 'Beach Boulevard Underground Utility District" which is on file in the
Department of Public Works of the City of Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of September 2000
/s/ Dave Garofalo
Mayor
ATTEST:
Is/ Connie Brockway
City Clerk
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Beach Uft:UsUid ,00.0i.
Yet Arm to Pwft Cat
COUNCIL MEETING DATE: September 18, 2000
.
RCS ATTACHtIEN .......
Ordinance (wlexhibits & legislative draft if applicable) Not Applicable
Resolution wlexhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to farm by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EX.P...LANATIQN FQR M1SS:I1TTACHVIENT
REVIEWED FETURNED' .. '
... ..........................................................
Administrative Staff
Assistant City Administrator Initial
Cit Administrator initial
City Clerk
EXRL 1NAT10?N:70R..RET.URN.,0:F IT
i
Only)(Below Space For City Clerk's Use
RCA Author. B. Crosby
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
Liz Ehring, Deputy City Clerk II
Date: Meeting Date: Agenda Item:
Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your
agenda item due to the following requirements that have not been met. When your Agenda Item is ready to
resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration
1. Signature(s)Needed s�
A On RCA
B On Agreement
C Other
2. 1 Attachments
A Missing
B Not identified
C Other
tpv
3. Exhibits
A Missing
B Not identified
C Other
4. Insurance Certificate(Proof Of insurance)
A Not attached
B Not approved by City Attorney's Office
C Signed farm notifying City Clerk that department will bgfesponsible for obtaining insurance certificate on this item.(See form attached)
S. Wording On Request For Council Action(R A)Unclear
A Recommended Action on RCA not complete
B Clarification needed on RCA
C Other
G. City Attorney Approval Require
7. Agreement Needs To Be ChaXged
A Page No.
8. Othcr r
29 N�u 0,*A
AP # 148-021-12 ,•� g�- �°
Pic 'N' Save of California Inc.
% Consolidated Stores Corp.
Att: Lease Admin Auditor, Dept. 10051
300 Philipi Rd.
Columbus, OH. 43228-0512
AP # 148-021-17
Signa Enterprises, Inc.
PO Box 67
Placentia, CA. 92871-0067
AP # 148-021-24
�! Bijan Sassounian
16373 Balsa Chica Street
Huntington Beach, CA. 92649-2664
AP # 148-021-14
Signa Enterprises, Inc.
PO Box 67
Placentia, CA. 92871-0067
AP # 148-021-25
Essex Huntington Breakers
% Essex Property Trust
Att: Accounting Dept.
925 E. Meadow Drive
Palo Alto, CA. 94303-4233
AP # 151-341-01
Gary J. Lairson
8031 Driftwood Drive
Huntington Beach, CA. 92646-5001
AP # 151-341-02
Niall P. Elliott
8011 Driftwood Drive
Huntington Beach, CA. 92646-5001
AP # 151-341-03
Robert M. O'Neil
8001 Driftwood Drive
Huntington Beach, CA. 92646-5001
AP # 151-293-42
Seaview Plaza Management, Inc
% Murry Seidner
1949 Auto Center Drive
Glendora, CA. 91740-6714
G:/Eng/Crosby/Beach UUD/mailing labels
AP # 153-091-05c AP # 025-200-50
Sam F. Freedman Best California Gas Ltd.
19542 Beach Boulevard 13539 E. Foster Rd,
Huntington Beach, Ca. 92648-2903 Santa Fe Springs, CA. 90670-4836
AP # 153-091-06 AP # 025-200-62
Beverly A. Baier Donald P. Jones
1200 N. Harbor Boulevard PO Box 4018
Anaheim, CA. 92801-2420 Huntington Beach, CA. 92661-4018
AP # 153-091-17 AP # 025-200-68
Hoag Memorial Hospital Presbyterian X Ming International Group
301 Newport Boulevard 9202 Ellsworth
Newport Beach, CA. 92663-4120 Huntington Beach, CA. 92626-5821
AP # 025-191-02 AP # 025-200-51
Douglas Young Econo Lube N' Tune Inc.
4949 Warner Avenue PO Box 2470
Huntington Beach, CA. 92649-4406 Newport Beach, CA. 92658-2470
AP # 025-191-36 AP # 025-200-66
Marco Velastegui Evangelical Free Church
PO Box 5293 19891 Beach Boulevard
Huntington Beach, CA. 92615-5923 Huntington Beach, CA. 92648-3221
AP # 025-191-42 AP # 025-200-61
Donald P. Jones Donald P. Jones
PO Box 4018 PO Box 4018
Huntington Beach, CA. 92661-4018 Huntington Beach, CA. 92661-4018
AP # 025-191-45 AP # 025-200-64
Marco Velastegui Martin Stern Jr.
PO Box 5293 5820 Wilshire Boulevard, # 200
Huntington Beach, CA. 92615-5923 Los Angeles, CA. 90036-4547
AP # 025-191-51 AP # 025-143-10
Beach Metro LLC -fWalgreen Corp.
% Metro Commercial Realty 300 Wilmot Rd.
500 Newport Center Drive, # 930 Deerfield, IL. 60015-4614
Newport Beach, CA. 92660-7018
AP # 148-021-15
AP # 025-191-32 Rhothrift Associates
Donald P. Jones % Thrifty Payless Inc.
PO Box 4018 PO Box 8431
Huntington Beach, CA. 92661-4018 Harrisburg, PA. 17105-8431
AP # 025-191-43 AP # 148-021-19
Glen R. Nelson Breaker Center
PO Box 1 21182 Beach Boulevard
Orange, CA, 92856-3948 Huntington Beach, CA. 92648-5404
r'
PROOF OF PUBLICATION PWACm�,dt3d. ef such an.0
Sct►adttled for dergraurid Utility district
Ocftw 16, 2OW be. formed: to include
RESOLUTION roperty wNtun the pub-
NO. 2OW-89 STATE OF CALIFORNIA) A RESOLUTION of Buue ara"�''',.twBeach
THE CITY COUNCIL Yoridown Avenue and
M file .
. -OF THE CITY.OF Pacific A art fJigf"y-
"HUNTIMTON a pthe CNy
County of
Orange BEACH CALLING.A Gerk) f
PUBLIC HEARING NOW THUMFORE,
TO DETE04ME the City Council of the
WHETHER PUBLIC City of Huntington
NECESSITY, Beach does. resdlue as
i am a Citizen of the United States and a HEALTH. SAFETY foNorvs.
OR WELFARE SECTION 1. NOTICE
resident of the County aforesaid; I am REQUIRE THE IS HEREBY GIVEN that
FORMATION OF-AN a Nc nearing will be
over the age of eighteen years and not a by ky 'Council
r UNDERt�A(IfJND of the Cnty of HuMinglon
pparty to or interested in the below UTILITY (DISTRICT Beach on 1011" at
ON BEACH the.hour of 7:00 p.m. in
entitled matter. I am a principal clerk of BOULEVARD the council Chambers of
BETWEEN the CK4o Center, or.as
the HUNTINGTON BEACH INDEPENDENT, a YORKTOWN soon thereafter a� the
AVENUE AND matter p1 be.heard,.to
r� ' PACIFIC COAST ascertairn whether, the
newspaper of general circulation printed public necedsiryry, lteaHh,
f ` HIGHWAY safety cr welfiera and published in the City of Huntington WHEREAS, Hum- quires the removal of.
ington Beach hluntcipal poles, overhead wlres
Beach, County of Orange, State Of Code Chapter 17.64 es- I associated
tablishas a pr rlure for overheat structures and
the creation of under- the undarground in-
California, and that attached Notice is a ground utility � statl"onofwlr v1dfb-
and requires,.as the in- ollitles far 'supplying
true and complete copy as was printed Mal the hokhhg of Wd% comnainfcatfron,
public hearing to aster- 00 eim9ar Associated
and published in the Huntington Beach tarn whethe► public ne- spMcp. In the districts
b` osssltY, healtln;.s cr 1110VInabove described.
and Fountain Valley issues of said $ s�crloN 2. Al such
moval. of poles, hearing ail pers�o given
newspaper to wit the issues) of: � t r�� a � 'ten�sted shal
sodated overhead stnro- an apporturdty to be
tures and the under- heard. Said how" may
ground installation of be continued from ime
wires and fadNifles for to time as may he-.de-
Sul) 9 efedric bans- termined. by the Cyr
murw on, or aimiar or Council. �v
associated service in SECTION S- The 2
September 28 , 2000 such district; and C shell• all
k has been recom- property Awners
as shown on the last
equalized assessment
roN and utilities ,con-
,camed .of the time and
place of such hearing by .
rr�il' a COW cf. this
I declare, under penalty ofperjury, that reon to such p'�
P tY � d at east fan
the foregoing is true and correct. �10, days prldr to the
date thereof.
SECTION 4. The
areas proposed to bs in-
cluded ih the district are
Executed on September 28 2'b00 shown-on Pose certain
maps entitled "Beach
at Costa Mesa, California, eon,te+rard UMerground
Ufifife District" which is
on in the Gepatimenr
of Pubic Its of tine
City of.,,H►lntiogton
Bea
PAED AND.
ADOPTED I the $�yCouncN of eCitytyHuntington ach at a
re mesifng thereof
JLhe, on the 1811n day of
Septamfrer, 2000.
i4d Otnie Ge�1o.' .
Si nature MOr
to EST: .
laaff yConNr Bmn ,
Puftfished tiuntir�ton
Beach-Fountain Valley
fndeperrde September
28, 000
094-99a
REGMVEU
2005 OCT 21 PM 3* 29
ERKI
Council/Agency Meeting Held: f _G 7_D CITY OF
f% HUNTINGTON BEACH
Deferred/Continued to: �, ..
Approved ❑ Conditionally Approved ❑ Denied / City Clerk's SignaWie
Council Meeting Date: November 7, 2005 Department ID Number: PW 05-075
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL`fir BERS
SUBMITTED BY: PENELOPE LBRET - RAFT, CITY INI TRATOR
PREPARED BY: BERT F. BEARDSLEY, PE, DIRE C OR O PUBLIC WORKS
SUBJECT: A(Adopt Resolution to Amend Beach Boulevard Underground
Utility District No. 00-01 Yorktown Avenue to Pacific Coast
Highway
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: This resolution will establish a date to hold a public hearing to extend
the deadline to complete the underground utility district, within the public right-of-way, along
Beach Boulevard between Yorktown Avenue and Pacific Coast Highway.
Funding Source: No City funds are required. The California Public Utilities Commission
requires that public utilities set aside funding for Underground Utility Districts (Rule 20A).
Pursuant to this requirement, Southern California Edison Company (SCE) has established a
funding program for current and future Underground Utility Districts within the City as set
forth in the Engineer's Report. (Attachment 1).
Recommended Action: Motion to: Adopt Resolution No.A00S- "�/ A resolution of the
City of Huntington Beach calling a public hearing to amend Underground Beach Boulevard
Utility District No. 00-01.
Alternative Action(s): Deny the recommended action and direct staff to an alternative
course of action.
ZE -/6
REQUEST FOR ACTION
MEETING DATE: November 7, 2005 DEPARTMENT ID NUMBER:PW 05-076
Analysis: There are many areas within the City where utility service is provided to
residential and commercial customers by way of overhead wires from utility poles within the
public right-of-way. It is a goal of the City to remove overhead wires and poles along the
major arterial roadways. The removal of overhead wires and poles improves the general
appearance of the street and reduces the potential for accidents.
Five years ago, the Underground Utility Committee determined that Beach Boulevard
between Yorktown Avenue and Pacific Coast Highway was the number one priority for
underground utilities. The City Council passed and adopted Resolution 2000-99 to form
the establishment of the Underground Utility District (District) on October 16, 2000. A
component of the District called for the work to be completed by December 30, 2003.
Funding was unavailable to complete the $8.5 million project prior to the expiration date.
By extending the Underground Utility District deadline to December 30, 2009, Public Works
staff will be able to carry out the necessary coordination with Southern California Edison,
Time Warner and Verizon to complete the project. The coordination effort includes
planning, engineering, and construction components.
The funding of this District is under the authority of the California Public Utilities
Commission, which adopted a requirement that public utilities set aside funding for
Underground Utility District infrastructure costs (Rule 20A). Pursuant to this requirement,
Southern California Edison Company has established a funding program of $813,519 per
calendar year for the current and future Rule 20A Underground Utility Districts in the City of
Huntington Beach. Edison allows cities to spend ahead or "mortgage" the funds for the
following year's anticipated allocation. The following table indicates the estimated funding,
expenditures, and project cost through 2009.
City of Huntington Beach Rule 20A Fund Allocations
Prior Years' Balance $ 2,350,942
2002 Allocation $ 655,017
2003 Allocation $ 645,880
2004 Allocation $ 686,062
2005 Allocation $ 813, 519
2005 Expenditures $74,891
Subtotal $5,076,529
Projected Cost of Beach Blvd.—Yorktown to PCH $ 8,539,000
Projected Balance 2005 Balance $ 3,462,471
2006 Allocation (Est.) 813,519
2007 Allocation Est. 813,519
2008 Allocation Est. 813,519
2009 Allocation Est. 813,519
Balance Est. $208,395
G:\R C A\2005\05-075 Nov 7Wagner(Res to hold Public Hearing for Beach Blvd Utiity Dist).doc -2-
10/19/2005 11:00 AM
REQUEST FOR ACTION
MEETING DATE: November 7, 2005 DEPARTMENT ID NUMBER:PW 05-076
The expenditures are anticipated to occur ahead of the availability of Rule 20A annual
allocations. The projected negative balance of $3,462,471 created by the cost of the
undergrounding is reduced by future annual Rule 20A allocations estimated at $813,519
per year. Therefore, the shortfall is zeroed out in 4 years, or at about the time of project
completion.
All aerial wires are included in this District except the SCE 66 kilovolt (kV) electrical
transmission poles and wires, which are exempt from undergrounding by Municipal Code
17.64. Therefore, the top three aerial lines located on poles on the east side of Beach
Boulevard from Atlanta Avenue to Pacific Coast Highway will remain. All lower aerial wires
on the poles are to be removed.
The proposed District along Beach Boulevard from Yorktown Avenue to Pacific Coast
Highway will likely be constructed in one phase. The utility companies responsible for
telephone (Verizon) and cable television (Time Warner) will prepare designs and allocate
funding to concurrently place their aerial facilities underground based on the SCE plans
and shall share in joint trenches were applicable.
The public hearing to adopt a resolution to extend the District completion date will be held
on December 19, 2005. At that time, all interested parties will be given the opportunity to
comment on the amendment to Underground Beach Boulevard Utility District No. 00-01.
Environmental Status: This project has been determined to be categorically exempt
pursuant to Class 2, Section 15302 of the California Environmental Quality Act.
Attachment(s):
City Clerk's
Page Number No. Description
1. Engineer's Report
2. Resolution
3. Location Map
G:\R C A\2005\05-075 Nov 7Wagner(Res to hold Public Hearing for Beach Blvd Utiity Dist).doc -3-
10/19/2005 11:00 AM
ATTACHMENT 1
ENGINEER'S REPORT
October 17, 2005
Beach Boulevard Underground Utility District No. 00-01
Yorktown Avenue to Pacific Coast Highway
DEFINITION OF AN UNDERGROUND UTILITY DISTRICT:
An underground utility district is an area in the City within which poles; overhead wires
and associated overhead structures are prohibited. The procedure for establishing an
underground utility district is clearly defined in Chapter 17.64 of the City's Municipal
Code.
PURPOSE OF THE UNDERGOUND UTILITY DISTRICTS:
Currently,there are areas within the City where utility services are still provided to
residential and commercial customers by way of overhead wires from utility poles within
the public right-of-way. It has been an on-going goal of the City to have overhead wires
and poles removed along the major arterial roadways of the city. The removal of
overhead wires and poles improves the general appearance of the street and reduces the
potential for accidents. (i.e. a vehicle hitting the power pole or possible power outage
due to a storm.)
TYPES OF UTILITY DISTRICTS:
There are two basic types of underground utility districts. The first is a Rule 20A project.
"Rule 20A"refers to the California Public Utility Commission(CPUC)rule that requires
utility companies to set aside funds for the undergrounding of utilities. The establishment
of a Rule 20A district is based upon the recommendations of the City and the applicable
utility companies. The second district type is"Rule 2013" which is a developer requested
district. The developer generally coordinates these districts and any costs are borne by
the developer.
METHODS OF ESTABLISHING DISTRICTS:
In 1977,the Huntington Beach City Council adopted Huntington Beach Municipal Code,
Chapter 17.64. This chapter set forth guidelines for the procedures for the establishment
of the Underground Utility Districts. In the case of the Beach Boulevard Underground
Utility District Yorktown Avenue to Pacific Coast Highway Beach Boulevard,there were
two resolutions. The first resolution called for the public hearing to establish the District
and the second resolution called for the establishment of the District.
METHODS OF AMENDING DISTRICTS:
The procedure follows Chapter 17.64 (previous section) and consist of holding a public
hearing and passing a resolution. There will be two resolutions: the first resolution
calling for the public hearing to allow a time extension to complete the district and the
second resolution to officially extend the deadline for the District to December 30, 2009.
G:\R C A\2005\05-075&05-076 Nov 7&Nov 21 Attachment(Engineer's Report).doc
UTILITY UNDERGROUND COORDINATION COMMITTEE:
Huntington Beach Municipal Code, Chapter 17.64.020 requires the formation of an
Underground Utilities Coordinating Committee. The duty of the committee is to
determine the location and priority of conversion work, and to advise the City Council on
all technical aspects of undergrounding public utilities.
The committee has determined that the number one priory is the completion of Beach
Boulevard between Yorktown Avenue and PCH.
DISTRICT TIME-LINE:
Action/Event Date
1. Call for public Hearing to amend District expiration date November 7, 2005
2. Resolution to extent completion date to December 30, 2009 November 21, 2005
3. Design Phase, permits, agreements, other pre-construction 2 years
4. Construction Phase 2 years
FUNDING SOURCE:
The California Public Utilities Commission requires that public utilities set aside funding
for Underground Utility Districts (Rule 20A). Pursuant to this requirement, Southern
California Edison Company has established a funding program for current and future
Underground Utility Districts within the City as set forth in the Public Works Commission
Section.
City of Huntington Beach Rule 20A Fund Allocations
Prior Years Balance $2,350,942
2002 Allocation $ 655,017
2003 Allocation $ 645,880
2004 Allocation $ 686,062
2005 Allocation minus 2005 Expenditures($74,891) $ 738,628
Subtotal $5,076,529
Projected Cost of Beach Blvd.—Yorktown to PCH ($ 8,539,000)
Balance ($3,462,471)
There is an allowance to complete the project ahead of available funds by a Rule 20A
accepted practice called "mortgaging" the shortfall. The projected $3,462,471 shortfall is
subtracted from future annual Rule 20A allocations estimated at $813,519 per year.
Therefore the shortfall is zeroed out in 4.2 years, or in the year 2010.
SUMMARY AND STAFF RECOMMENDATIONS:
Staff recommends that Council:
1. Call a public hearing to ascertain whether the public necessity, health, safety or welfare
requires the time extension for the removal of these poles and the associated structures.
G:\R C A\2005\05-075&05-076 Nov 7&Nov 21 Attachment(Engineer's Report).doc
2. Adopt by affirmative vote of at least five members of the Council a Resolution
declaring that portion of Beach Boulevard an Underground Utility District, and order
the extension of time to complete the removal of the overhead facilities.
-" / . )- A /6-!8'- O
David Webb
City Engineer
G:\R C A\2005\05-075&05-076 Nov 7&Nov 21 Attachment(Engineer's Report).doc
ATTACHMENT 2
RESOLUTION NO. 2 0 0 5-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CALLING A PUBLIC HEARING TO
AMEND UNDERGROUND BEACH BOULEVARD
UTILITY DISTRICT NO. 00-01
WHEREAS, pursuant to Huntington Beach Municipal Code Chapter 17.64,
Underground Beach Boulevard Utility District No. 00-01 was established in 2000; and
A component of District No. 00-01 called for all poles, overhead wires and
associated overhead structures to be removed and underground installation to be made no
later than December 30, 2003; and
The public necessity,health, safety or welfare requires District No. 00-01 to be
modified to extend its deadline up to and through December 30, 2009; and
The City Council wishes to amend Utility District No. 00-01 to extend the deadline
of December 30, 2003 up to and through December 30, 2009; and
NOW, THEREFORE,the City Council of the City of Huntington Beach does
resolve as follows:
SECTION 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by
the City Council of the City of Huntington Beach on December 19 ,2005 at the
hour of 6:00 p.m. in the Council Chambers of the Civic Center, or as soon thereafter as the
matter may be heard,to ascertain whether to extend the deadline of Utility District No. 00-
01 for the removal of poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying electric, communication, or
similar associated service.
SECTION 2. At such hearing all persons interested shall be given an opportunity
to be heard. Said hearing may be continued from time to time as may be determined by the
City Council
SECTION 3. The City Clerk shall notify all affected property owners as shown on
the last equalized assessment roll and utilities concerned of the time and place of such
hearing by mailing a copy of this resolution to such property owners and utilities concerned
at least ten(10) days prior to the date thereof.
SECTION 4. The areas proposed to be included in the district are shown on those
certain maps entitled 'Beach Boulevard Underground Utility District" which is on file in
the Department of Public Works of the City of Huntington Beach.
05reso/underground notice 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 7th day of November , 2005.
0
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Admi istrator -7 4iAttorney
-1114(v�
ED D APPROVED:
Director of Public Works
05reso/underground notice 2
Res. No. 2005-71
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 7th day of
November, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Green, Cook
NOES: None
ABSENT: Hardy, Bohr
ABSTAIN: None
1-=Al b-
Cit4 f I
rk and ex-officio rywrk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT 3
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,
PROJECT
SITEBeach Boulevard Underground Utility District
Yorktown Avenue to Pacific Coast Highway
s
VICINITY MAP
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Adopt Resolution to Hold Public Hearing to Amend
Beach Boulevard Underground Utility District
COUNCIL MEETING DATE: November 7, 2005
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attome )
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Attached ❑
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Attached
Bonds (If applicable) Not Applicable ® rr
Attached
Staff Report (If applicable) Not Applicable ❑
Attached ❑
Commission, Board or Committee Report (If applicable) Not Applicable
s/Conditions for Approval and/or Denial Attached ❑
Findin
g pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) )
Assistant City Administrator (Initial)
City Administrator (Initial) ( )
City Clerk ( )
EXPLANATION FOR RETURROF ITEM:
Only)(Below Space For City Cierk's Use
RCA Author: J.Wagner
!'ITINC,��N BEACH
CITY-O H l R
or,FICE,OF THE CITY, CLERK ADDRESS W M
2000.,,MAIWS-
I kEET H CALIF. 92648. R C REQUESTED
ku9 jTINGTO BEACH, "
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151-282-31 p
BEACH SELF HUNTINGTON
4041 MACARTHUR BLVD STE 244
NEWPORT BEACH CA 92660-2532
CITY OF HUNTINGTON BEACH 4•�
OFFICE OF THE CITY CLERK- ADDRESS UJ
2000 MAIN STREET SERVICE
gy� I
HUNTINGTON BEACH, CALIF..92644.,
REQUESTED
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890-130-86
BARBARA FOWLER
20701 BEACH BLVD SPC 86
HUNTINGTON BEACH CA 92648-4942
IF
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012 Isz. gE
gp,i,N 'STREET � a � � Q�. �
INGTON BEACH,CALIF„ 94- E c�
REQUESTED 03/08/2001
From. 921
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tdi, ach, CA 92646 - [3 No Such Number
ADDRESS
OF HUNTINGTON BEACH
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cNGTON BEACH, CALIF. 92648
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21622 Pacific Coast Highway
,a9;F Huntington Beach, CA 92648
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R EMEI V E
2006 FEB -8 AM 1!: 42
0 17 y 0' ;s
CITY OF _
l•i0NTItlGT0 6EACH
Council/Agency Meeting Held: 43 TVZ,6
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Ci I s Sign re
Council Meeting Date: 2/21/2006 Department ID Number: PW 05-076
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PEN LOPE ULBRETH-GRAFT, CITY ARATO�R
PREPARED BY. ROBERT F. BEARDSLEY, PE, DIRECTORLIC
SUBJECT: Adopt Resolution to Amend Beach Boulevard Underground
Utility District No. 00-01- Yorktown Avenue to Pacific Coast
Highway
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: A resolution is required to extend the deadline to complete the
underground utility district, within the public right-of-way, along Beach Boulevard between
Yorktown Avenue and Pacific Coast Highway.
Funding Source: No City funds are required. The California Public Utilities Commission
requires that public utilities set aside funding for Underground Utility Districts (Rule 20A).
Pursuant to this requirement, Southern California Edison Company (SCE) has established a
funding program for current and future Underground Utility Districts within the City as set
forth in the Engineer's Report (Attachment 1).
Recommended Action: Motion to: Approve Resolution No. 0606-8 a resolution of
the City Council of the City of Huntington Beach amending the Beach Boulevard
Underground Utility District No 00-01.
Alternative Action(s): Deny the recommended action and direct staff to an alternative
course of action.
REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PW 05-076
Analysis: Five years ago, the Underground Utility Committee comprised of Sean Kelly,
Southern California Edison Co., Robert Eichblatt, City Engineer, Robert Martinez, Public
Works Department, and Howard Zelefsky, Planning Director, determined that Beach
Boulevard between Yorktown Avenue and Pacific Coast Highway was the number one
priority for underground utilities. The City Council passed and adopted Resolution 2000-99
to form the establishment of the Underground Utility District on October 16, 2000. A
component of the District called for the work to be completed by December 30, 2003.
Funding was unavailable to complete the $8.5 million project prior to the expiration date.
By extending the Underground Utility District deadline to December 30, 2009, Public Works
staff will be able to carry out the necessary coordination with Southern California Edison,
Time Warner and Verizon to complete. The effort includes planning, engineering and
construction components.
The funding of this District is under the authority of the California Public Utilities
Commission, which adopted a requirement that public utilities set aside funding for
Underground Utility District infrastructure costs (Rule 20A). Pursuant to this requirement,
Southern California Edison Company (SCE) has established a funding program of
$813,519 per calendar year for the current and future Rule 20A Underground Utility
Districts in the City of Huntington Beach. SCE allows cities to spend the funds for the
following year's anticipated allocation. The following table indicates the estimated funding,
expenditures and projected cost through 2009.
City of Huntington Beach Rule 20A Fund Allocations
Prior Years Balance $ 2,350,942
2002 Allocation $ 655,017
2003 Allocation $ 645,880
2004 Allocation $ 686,062
2005 Allocation $ 813, 519
2005 Expenditures $ 74,891
Subtotal $ 5,076,529
Projected Cost of Beach Blvd.—Yorktown to PCH $ 8,539,000
Balance ($ 3,462,471)
2006 Allocation (Est.) $ 813,519
2007 Allocation Est. $ 813,519
2008 Allocation (Est.) $ 813,519
2009 Allocation Est. $ 813,519
2010 Allocation (Est.) $ 813,519
Balance (Est.) $ 605,124
The expenditures are anticipated to occur ahead of the availability of Rule 20A annual
allocations. The projected negative balance of $3,462,471 created by the cost of the
undergrounding is reduced by future annual Rule 20A allocations estimated at $813,519 per
year. Therefore, the shortfall is offset in 5 years, or at about the time of project completion.
G:\R C A\2006\05-076 Feb 21-06 Wagner(Amend Beach Blvd Utiity Dist).doc -2-
2/6/2006 8:36 AM
REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PW 05-076
All aerial wires are included in this District except the SCE 66 kilovolt (kV) electrical
transmission poles and wires, which are exempt from undergrounding by Municipal Code
17.64. Therefore, the top three aerial lines located on poles on the east side of Beach
Boulevard from Atlanta Avenue to Pacific Coast Highway will remain. All lower aerial wires
on the poles are to be removed.
The proposed District along Beach Boulevard from Yorktown Avenue to Pacific Coast
Highway will likely be constructed in one phase. The utility companies responsible for
telephone (Verizon) and cable television (Time Warner) will prepare designs and allocate
funding to concurrently place their aerial facilities underground based on the SCE plans and
shall share in joint trenches where applicable.
Environmental Status: This project has been determined to be categorically exempt
pursuant to Class 2, Section 15302 of the California Environmental Quality Act.
Attachment(s):
City Clerk's
• - NumberDescription
1. Engineer's Report
2. Resolution CSO 46
3. Location Map
G:\R C A\2006\05-076 Feb 21-06 Wagner(Amend Beach Blvd Utiity Dist).doc -3-
2/6/2006 8:37 AM
ATTACHMENT 1
ENGINEER'S REPORT
October 17, 2005
Beach Boulevard Underground Utility District No. 00-01
Yorktown Avenue to Pacific Coast Highway
DEFINITION OF AN UNDERGROUND UTILITY DISTRICT:
An underground utility district is an area in the City within which poles; overhead wires
and associated overhead structures are prohibited. The procedure for establishing an
underground utility district is clearly defined in Chapter 17.64 of the City's Municipal
Code.
PURPOSE OF THE UNDERGOUND UTILITY DISTRICTS:
Currently, there are areas within the City where utility services are still provided to
residential and commercial customers by way of overhead wires from utility poles within
the public right-of-way. It has been an on-going goal of the City to have overhead wires
and poles removed along the major arterial roadways of the city. The removal of
overhead wires and poles improves the general appearance of the street and reduces the
potential for accidents. (i.e. a vehicle hitting the power pole or possible power outage
due to a storm.)
TYPES OF UTILITY DISTRICTS:
There are two basic types of underground utility districts. The first is a Rule 20A project.
"Rule 20A"refers to the California Public Utility Commission(CPUC)rule that requires
utility companies to set aside funds for the undergrounding of utilities. The establishment
of a Rule 20A district is based upon the recommendations of the City and the applicable
utility companies. The second district type is "Rule 20B" which is a developer requested
district. The developer generally coordinates these districts and any costs are borne by
the developer.
METHODS OF ESTABLISHING DISTRICTS:
In 1977,the Huntington Beach City Council adopted Huntington Beach Municipal Code,
Chapter 17.64. This chapter set forth guidelines for the procedures for the establishment
of the Underground Utility Districts. In the case of the Beach Boulevard Underground
Utility District Yorktown Avenue to Pacific Coast Highway Beach Boulevard,there were
two resolutions. The first resolution called for the public hearing to establish the District
and the second resolution called for the establishment of the District.
METHODS OF AMENDING DISTRICTS:
The procedure follows Chapter 17.64 (previous section) and consist of holding a public
hearing and passing a resolution. There will be two resolutions: the first resolution
calling for the public hearing to allow a time extension to complete the district and the
second resolution to officially extend the deadline for the District to December 30,2009.
G:\R C A\2005\05-075&05-076 Nov 7&Nov 2I Attachment(Engineer's Report).doc
UTILITY UNDERGROUND COORDINATION COMMITTEE:
Huntington Beach Municipal Code, Chapter 17.64.020 requires the formation of an
Underground Utilities Coordinating Committee. The duty of the committee is to
determine the location and priority of conversion work, and to advise the City Council on
all technical aspects of undergrounding public utilities.
The committee has determined that the number one priory is the completion of Beach
Boulevard between Yorktown Avenue and PCH.
DISTRICT TIME-LINE:
Action/Event Date
1. Call for public Hearing to amend District expiration date November 7, 2005
2. Resolution to extent completion date to December 30, 2009 November 21,2005
3. Design Phase,permits, agreements, other pre-construction 2 years
4. Construction Phase 2 years
FUNDING SOURCE:
The California Public Utilities Commission requires that public utilities set aside funding
for Underground Utility Districts (Rule 20A). Pursuant to this requirement, Southern
California Edison Company has established a funding program for current and future
Underground Utility Districts within the City as set forth in the Public Works Commission
Section.
City of Huntington Beach Rule 20A Fund Allocations
Prior Years Balance $2,350,942
2002 Allocation $ 655,017
2003 Allocation $ 645,880
2004 Allocation $ 686,062
2005 Allocation minus 2005 Expenditures $74,891) $ 738,628
_14Subtotal $5,076,529
Projected Cost of Beach Blvd.—Yorktown to PCH $ 8,539,000
Balance ($3,462,471)
There is an allowance to complete the project ahead of available funds by a Rule 20A
accepted practice called "mortgaging"the shortfall. The projected $3,462,471 shortfall is
subtracted from future annual Rule 20A allocations estimated at $813,519 per year.
Therefore the shortfall is zeroed out in 4.2 years, or in the year 2010.
SUMMARY AND STAFF RECOMMENDATIONS:
Staff recommends that Council:
1. Call a public hearing to ascertain whether the public necessity,health, safety or welfare
requires the time extension for the removal of these poles and the associated structures.
WR C A\2005\05-075&05-076 Nov 7&Nov 21 Attachment(Engineers Report).doc
2. Adopt by affirmative vote of at least five members of the Council a Resolution
declaring that portion of Beach Boulevard an Underground Utility District, and order
the extension of time to complete the removal of the overhead facilities.
David Webb
City Engineer
G.\R C A\2005\05-075&05-076 Nov 7&Nov 21 Attachment(Engineer's Report).doc
ATTACHMENT 2
RE S OLUTION NO. 2 0 0 6-8
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AMENDING
THE BEACH BOULEVARD UNDERGROUND UTILITY
DISTRICT NO. 00-01.
WHEREAS, Resolution No. 2000-99, adopted on October 16, 2000, established Beach
Boulevard Underground Utility District No. 00-01 ("District No. 00-01"); and
A component of District No. 00-01 called for all poles, overhead wires and associated overhead
structures to be removed and underground installation to be made no later than December 30, 2003;
and
The City Council wishes to amend Utility District No. 00-01 to extend the deadline of
December 30, 2003 up to and through December 30, 2009; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach
as follows:
1. The City Council held a public hearing on Feb_ 21 , 2 0 0,6which was properly
noticed as required by Government Code, for the purpose of modifying Utility District No. 00-01.
2. Utility District No. 00-01 is hereby modified to extend the time for removal of all poles,
overhead wires and associated overhead structures and placement of underground installations up to
and through December 30, 2009.
3. The City Clerk, within ten(10) days after the adoption of this resolution shall mail a
copy thereof and a copy of the Huntington Beach Municipal Code Chapter 17.64 to affected property
owners, if any, as shown on the last equalized assessment roll, and to the affected utilities.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting held thereof on the 21 s t day of February 2006.
Mayor
REVIEWED AND APPROVED APPROVED AS TO FORM-
� r
ity Ad nistrator City A orney
TED AND PROVED:
r17
Director of Public Works
osmolutitity gist
Res. No. 2006-8
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 21st day of
February, 2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio #erk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT 3
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PROJECT
SITEBeach Boulevard Underground Utility District
Yorktown Avenue to Pacific Coast Highway
VICINITY MAP
1
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Adopt Resolution for Beach Boulevard Underground
Utility District No. 00-01
COUNCIL MEETING DATE: February 21 , 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ® ✓
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved Y the A roved b Y AttorneY) Attached El Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Attached ❑
Bonds (If applicable) Not Applicable
applicable) Attached
Staff Report If ® /
p ( pp ) Not Applicable ❑
Commission, Board or Committee Report If applicable) Attached ❑
p ( pp ) Not Applicable
s/Conditions for Approval and/or Denial Attached ElFindin
g pP Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: J. Wagner
1� 6usIV
Request for Notice of Public Hearing
for City Council meeting of February 21, 2006
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the
Civic Center Council Chambers, 2000 Main Street, Huntington Beach, at the hour of
6:00 p.m., or as soon thereafter as possible on Monday the 21s` of February, 2006 for
the purpose of adopting a resolution amending the Beach Boulevard Underground Utility
District to extend the expiration date to December, 2009. This notice complies with City
Council Resolution 2005-71 that sets this date for the public hearing. The proposed
action is pursuant to Chapter 17.64 of the Huntington Beach Municipal Code that
authorizes the City Council to designate underground utility districts by resolution.
On October 16, 2000 the City Council passed and adopted Resolution 2000-99 to form
the Beach Boulevard (Yorktown Avenue to Pacific Coast Highway) Underground Utility
District No. 00-01. On December 30, 2003, the Underground Utility District No. 00-01
expired. By extending the Underground Utility District deadline the participating utility
companies should be able to coordinate and complete the project by December 30,
2009.
An Underground Utility District is an area in the city where poles, overhead wires and
associated overhead structures are prohibited. The costs for placing utility lines
underground within the public street right-of-way of Beach Boulevard will be paid for
from funds held by the respective utility companies for that specific purpose.
The City Engineer's report of the Underground Utility District is available for review by
the public in the Public Works Department, first floor, or the City Clerk's Office, second
floor, of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday. Interested persons may also contact James
Wagner of the Public Works Department at 714-536-5467 to receive additional
information.
All citizens are invited to attend the public hearing and express their opinions for or
against the adoption of the resolution. Written communications to the City Council may
be directed to the City Clerk prior to the date and time of the public hearing.
Request for Notice of Public Hearing
for City Council meeting of February 21, 2006
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the
Civic Center Council Chambers, 2000 Main Street, Huntington Beach, at the hour of
6:00 p.m., or as soon thereafter as possible on Monday the 21" of February, 2006 for
the purpose of adopting a resolution amending the Beach Boulevard Underground Utility
District to extend the expiration date to December, 2009. This notice complies with City
Council Resolution 2005-71 that sets this date for the public hearing. The proposed
action is pursuant to Chapter 17.64 of the Huntington Beach Municipal Code that
authorizes the City Council to designate underground utility districts by resolution.
On October 16, 2000 the City Council passed and adopted Resolution 2000-99 to form
the Beach Boulevard (Yorktown Avenue to Pacific Coast Highway) Underground Utility
District No. 00-01. On December 30, 2003, the Underground Utility District No. 00-01
expired. By extending the Underground Utility District deadline the participating utility
companies should be able to coordinate and complete the project by December 30,
2009.
An Underground Utility District is an area in the city where poles, overhead wires and
associated overhead structures are prohibited. The costs for placing utility lines
underground within the public street right-of-way of Beach Boulevard will be paid for
from funds held by the respective utility companies for that specific purpose.
The City Engineer's report of the Underground Utility District is available for review by
the public in the Public Works Department, first floor, or the City Clerk's Office, second
floor, of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday. Interested persons may also contact James
Wagner of the Public Works Department at 714-536-5467 to receive additional
information.
All citizens are invited to attend the public hearing and express their opinions for or
against the adoption of the resolution. Written communications to the City Council may
be directed to the City Clerk prior to the date and time of the public hearing.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) Ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a Request for Notice An Underground Utility,
District of Public Hearing ccitywhere poles,in
of the County aforesaid; I am for(ity(ouncil meeting of head wires and associ-
ated overhead structures
over the age of eighteen years, and not a February 21,2006 are prohibited.The costs
NOTICE IS HEREBY for placing utility lines
party to or interested in the below entitled GIVEN that a public underground within the
hearing will be held by public street right-of-
the City Council at the way of Beach Boulevard
matter. I am a principal clerk of the Civic Center Council will be paid for from
Chambers, 2000 Main funds held by the
HUNTINGTON BEACH INDEPENDENT, Street, Huntington' respective utility com-
Beach, at the hour of panies for that specific
a newspaper of general circulation, 6:00 p.m., or as soon purpose.
thereafter as possible on The City Engineer's
printed and published in the City of Monday the '2 for of report t the Under-
February, 2006 for the ground Utility District is
Huntington Beach, County of Orange purpose of adopting available for review by
� resolution amending the
the public in the Public
Beach Boulevard Un- Works Department, first
State of California, and that attached derground Utility District floor,or the City Clerk's
to extend the expiration Office, second floor, of
Notice is a true and complete copy as
date to December,2009. City Hall, 2000 Main
This notice complies Street, Huntington
was printed and published in the with City Council Reso-- Beach between the
lution 2005-71 that sets hours of 8:00 a.m. and
Huntington Beach issue of said this date for the public 5:00 p.m. Monday
hearing., The proposed through Friday. Inter-
newspaper to wit the Issue(s) of. cont action is pursuant to persons may also
Chapter 17.64 of the contact James Wagner
Huntington Beach Mu- of the.-Public Works
nicipal Code that au- Department at 714-536-
thorizes the City Council 5467 to receive addi-
to designate under- tional information,
ground utility districts All citizens are invited
by resolution. to attend the public
On October 16, 2000 hearing and express
FEBRUARY '09,2006 the City Council passed their opinions for or
and adopted Resolution against the adoption of
2000-99 to form the the resolution. Written
B e a c h B o u l e v a r d communications to the
(Yorktown Avenue to City Council may be
Pacific Coast Highway) directed to the City
Underground Utility Clerk prior to the date
District No. 00-01. On and time of the public
December 30, 2003, the hearing.
Underground Utility Published Huntington
I declare, under penalty of perjury, Aired. By extending t01 he that District No. DD- he Beach Independent
n February 9,2006 022-
the foregoing is true and correct. Underground utility as8
District deadline the
participating utility
companies should be
able to coordinate and
Executed on FEBRUARY 09,2006 complete the project by
December 30 2009_
at Costa Mesa, California.
Signature
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
RequestforNotice An Underground Utility
I am a Citizen of the United States and aDistrict is an area in the
of Public Hearing city where poles, over-
resident of the County aforesaid; I am for Oty(ouncil meeting of head wires and associ-
ated overhead structures
over the age of eighteen ears and not a February 21,2006 are prohibited.The costs
9 y _ NOTICE IS HEREBY for placing utility lines
party to or interested in the below entitled GIVEN that a public underground within the
hearing will be held by Public street right-of-
matter. I am a principal clerk of the the City Council at the way Beach Boulevard
Civic Center Council �^'iII be paid for from
Chambers, 2000 Main funds held by the
HUNTINGTON BEACH INDEPENDENT, Street, Huntington respective utility com-
Beach, at the hour of pames for that specific
a newspaper of general circulation, 6:00 P.m., or as soon purpose,
thereafter as possible on The City Engineer's
printed and published in the City of Monday the 2 for of report the under-
February, 2006 for the ground Uttility District is
purpose of adopting a available for review by
Huntington Beach, County of Orange, resolution amending the the public in the Public
Beach Boulevard Un- Works Department, first
State of California, and that attached derground Utility District floor, or the City Clerk's
to extend the expiration Office, second floor, of
Notice is a true and complete copy as date to December,2009. City Hall, 2000 Main
This notice complies Street, Huntington
was printed and published in the with City Council Reso- Beach between the.
lution 2005-71 that sets hours of 8:00 a.m. and
Huntington Beach issue of said this date for the public 5:00 p.m. Monday
hearing. The proposed through Friday. Inter-,
newspaper to wit the Issue(s) of. action is pursuant to estedcontact
persons may also
Chapter 17.64 of the contact James Wagner
Huntington Beach Mu- of the Public Works
nicipal Code that au- Department at 714-536-
thorizes the City Council 5467 to receive addi-
to designate under- tional information.
ground utility districts All citizens are invited
by resolution. to attend the -public
FEBRUARY -09 2006 On October passed
their opinions 000 aring and express
or
i the City Council
l passsed
and adopted Resolution against the adoption of
2000-99 to form the the resolution. Written
B e a c h Boulevard communications to the
(Yorktown Avenue to City Council may be
Pacific Coast Highway) directed to the City
Underground Utility •lerk prior to the date
District No. 00-01. On Ind time of the public,
December 30, 2003, the fearing.
Underground Utility Published Huntington
declare, under penalty of perjury, that District a DD-in tex,he each Independent
Aired. By extending the 38ruary 9,2006 022-
Underground Utility
the foregoing is true and correct. District deadline the
participating utility
companies should be
able to coordinate'Ihd
Executed on FEBRUARY 09,2006 complete the project by
December 30,2009.
at Costa Mesa, California.
Signature
Co P1 op
[A 1qa-(s
MAILING LABELS FOR:
Request for Notice of Public Hearing
For City Council meeting of February 21 , 2006
A public hearing will be held by the City Council at
the Civic Center Council Chambers, 2000 Main
Street, Huntington Beach, at the hour of 6:00 p.m.,
or as soon thereafter as possible on Monday the
21 St of February, 2006 for the purpose of adopting a
resolution amending the Beach Boulevard
Underground Utility District to extend the expiration
date to December, 2009.
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1514 Lakeside Lane 1512 Lakeside Lane 1510 Lakeside Lane
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Occupant Occupant Occupant
1508 Lakeside Lane 1506 Lakeside Lane 1504 Lakeside Lane
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Occupant Occupant Occupant
1502 Lakeside Lane _ 1420 Lakeside Lane 1416 Lakeside Lane
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Occupant Occupant Occup 1-11
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Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntingtor(Beache A 92648
Occupant Occupant Occupant
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Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Occupant Occupant Occupant
1402 Lakeside Lane 1320 Lakeside Lane 1316 Lakeside Lane
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Occupant Occupant Occupant
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H ingto eac A 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Occupant Occupant Occupant
1308 Lakeside Lane 1306 eside e 1304 Lakeside Lane
Huntington Beach, CA 92648 H ington each A 92648 Huntington Beach, CA 92648
Occupant Occupant Occupant
1302 Lakeside Lane 819 Oceanhill Drive 1202 Summerview Lane
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
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Huntington Beach, CA 92648 Huntington Beach, CA 92646 Huntington Beach, CA 92648
Occupant Occupant Occupant
841 Frankfort 8001 Driftwood Drive 8012 Driftwood Drive
Huntington Beach, CA 92648 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant Occupant Occupant
8011 Ebbtide Circle 8012 Ebbtide Circle 8011 Sail Circle
Huntington Beach, CA 92646 _ Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant Occupant Occupant
8012 Sail Circle 8011 Mermaid Circle 8012 Mermaid Circle
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
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Huntington Beach, CA 92646 Huntington Beach, CA 92646
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MAILING LABELS FOR:
Request for Notice of Public Hearing
For City Council meeting of February 21 , 2006
A public hearing will be held by the City Council at
the Civic Center Council Chambers, 2000 Main
Street, Huntington Beach, at the hour of 6:00 p.m.,
or as soon thereafter as possible on Monday the
21 St of February, 2006 for the purpose of adopting a
resolution amending the Beach Boulevard
Underground Utility District to extend the expiration
date to December, 2009.
;bu-c.L4;,)) . Ao/.-7 d,4- �cYL. L. _. Z
R E ..I V
2005 DEC -8 mi 1: 85
Council/Agency Meeting Held:
I m OF
Deferred/Continued to: "�,. A) p.tjNTjt-.10T0 I
❑ Approved ❑ Conditionally Approved ❑ Denied Ci C rk's SKgnaturg
Council Meeting Date: December 19, 2005 Department ID Number: PW 05-076
CITY OF HUNTIN&ON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENE�pP�RET�T, C TY ADMINISTRATOR
PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WOR �
SUBJECT: Adopt Resolution to Amend Beach Boulevard Underground
Utility District No. 00-01- Yorktown Avenue to Pacific Coast
Highway
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: A resolution is required to extend the deadline to complete the
underground utility district, within the public right-of-way, along Beach Boulevard between
Yorktown Avenue and Pacific Coast Highway.
Funding Source: No City funds are required. The California Public Utilities Commission
requires that public utilities set aside funding for Underground Utility Districts (Rule 20A).
Pursuant to this requirement, Southern California Edison Company (SCE) has established a
funding program for current and future Underground Utility Districts within the City as set
forth in the Engineer's Report (Attachment 1).
Recommended Action: Motion to: Adopt Resolution No. �005-- 03 a resolution of
the City Council of the City of Huntington Beach amending the Beach Boulevard
Underground Utility District No 00-01.
Alternative Action(s): Deny the recommended action and direct staff to an alternative
course of action.
REQUEST FOR ACTION
MEETING DATE: December 19, 2005 DEPARTMENT ID NUMBER:PW 05-076
Analysis: Five years ago, the Underground Utility Committee determined that Beach
Boulevard between Yorktown Avenue and Pacific Coast Highway was the number one
priority for underground utilities. The City Council passed and adopted Resolution 2000-99
to form the establishment of the Underground Utility District on October 16, 2000. A
component of the District called for the work to be completed by December 30, 2003.
Funding was unavailable to complete the $8.5 million project prior to the expiration date.
By extending the Underground Utility District deadline to December 30, 2009, Public Works
staff will be able to carry out the necessary coordination with Southern California Edison,
Time Warner and Verizon to complete. The effort includes planning, engineering and
construction components.
The funding of this District is under the authority of the California Public Utilities
Commission, which adopted a requirement that public utilities set aside funding for
Underground Utility District infrastructure costs (Rule 20A). Pursuant to this requirement,
Southern California Edison Company (SCE) has established a funding program of
$813,519 per calendar year for the current and future Rule 20A Underground Utility
Districts in the City of Huntington Beach. SCE allows cities to spend the funds for the
following year's anticipated allocation. The following table indicates the estimated funding,
expenditures and projected cost through 2009.
City of Huntinp_ton Beach Rule 20A Fund Allocations
Prior Years Balance $ 2,350,942
2002 Allocation $ 655,017
2003 Allocation $ 645,880
2004 Allocation $ 686,062
2005 Allocation $ 813, 519
2005 Expenditures $ 74,891
Subtotal $ 5,076,529
Projected Cost of Beach Blvd.—Yorktown to PCH $ 8,539,000
Balance $ 3,462,471
2006 Allocation Est.) $ 813,519
2007 Allocation Est. $ 813, 519
2008 Allocation Est.) $ 813,519
2009 Allocation Est. $ 813,519
Balance Est.) ($208,395)
The expenditures are anticipated to occur ahead of the availability of Rule 20A annual
allocations. The projected negative balance of $3,462,471 created by the cost of the
undergrounding is reduced by future annual Rule 20A allocations estimated at $813,519 per
year. Therefore, the shortfall is zeroed out in 4 years, or at about the time of project
completion.
G:\R C A\2005\05-076 Dec 19 Wagner(Amend Beach Blvd Utiity Dist).doc -2-
12/1/2005 5:19 PM
REQUEST FOR ACTION
MEETING DATE: December 19, 2005 DEPARTMENT ID NUMBER:PW 05-076
All aerial wires are included in this District except the SCE 66 kilovolt (kV) electrical
transmission poles and wires, which are exempt from undergrounding by Municipal Code
17.64. Therefore, the top three aerial lines located on poles on the east side of Beach
Boulevard from Atlanta Avenue to Pacific Coast Highway will remain. All lower aerial wires
on the poles are to be removed.
The proposed District along Beach Boulevard from Yorktown Avenue to Pacific Coast
Highway will likely be constructed in one phase. The utility companies responsible for
telephone (Verizon) and cable television (Time Warner) will prepare designs and allocate
funding to concurrently place their aerial facilities underground based on the SCE plans and
shall share in joint trenches where applicable.
Environmental Status: This project has been determined to be categorically exempt
pursuant to Class 2, Section 15302 of the California Environmental Quality Act.
Attachment(s):
City Clerk's
. - Number No. Description
1. Engineer's Report
2. Resolution o?0�15 S3
3. Location Map
G:\R C A\2005\05-076 Dec 19 Wagner(Amend Beach Blvd Utiity Dist).doc -3-
12/1/2005 5:19 PM
ATTACHMENT # 1 il
ENGINEER'S REPORT
October 17, 2005
Beach Boulevard Underground Utility District No. 00-01
Yorktown Avenue to Pacific Coast Highway
DEFINITION OF AN UNDERGROUND UTILITY DISTRICT:
An underground utility district is an area in the City within which poles; overhead wires
and associated overhead structures are prohibited. The procedure for establishing an
underground utility district is clearly defined in Chapter 17.64 of the City's Municipal
Code,
PURPOSE OF THE UNDERGOUND UTILITY DISTRICTS:
Currently, there are areas within the City where utility services are still provided to
residential and commercial customers by way of overhead wires from utility poles within
the public right-of-way. It has been an on-going goal of the City to have overhead wires
and poles removed along the major arterial roadways of the city. The removal of
overhead wires and poles improves the general appearance of the street and reduces the
potential for accidents. (i.e. a vehicle hitting the power pole or possible power outage
due to a storm.)
TYPES OF UTILITY DISTRICTS:
There are two basic types of underground utility districts. The first is a Rule 20A project.
"Rule 20A"refers to the California Public Utility Commission(CPUC) rule that requires
utility companies to set aside funds for the undergrounding of utilities. The establishment
of a Rule 20A district is based upon the recommendations of the City and the applicable
utility companies. The second district type is "Rule 20B"which is a developer requested
district. The developer generally coordinates these districts and any costs are borne by
the developer.
METHODS OF ESTABLISHING DISTRICTS:
In 1977,the Huntington Beach City Council adopted Huntington Beach Municipal Code,
Chapter 17.64. This chapter set forth guidelines for the procedures for the establishment
of the Underground Utility Districts. In the case of the Beach Boulevard Underground
Utility District Yorktown Avenue to Pacific Coast Highway Beach Boulevard,there were
two resolutions. The first resolution called for the public hearing to establish the District
and the second resolution called for the establishment of the District.
METHODS OF AMENDING DISTRICTS:
The procedure follows Chapter 17.64 (previous section) and consist of holding a public
hearing and passing a resolution. There will be two resolutions: the first resolution
calling for the public hearing to allow a time extension to complete the district and the
second resolution to officially extend the deadline for the District to December 30, 2009.
GAR C A\2005\05-075&05-076 Nov 7&Nov 21 Attachmcnt(Engineer's Report).doc
UTILITY UNDERGROUND COORDINATION COMMITTEE:
Huntington Beach Municipal Code, Chapter 17.64.020 requires the formation of an
Underground Utilities Coordinating Committee. The duty of the committee is to
determine the location and priority of conversion work, and to advise the City Council on
all technical aspects of undergrounding public utilities.
The committee has determined that the number one priory is the completion of Beach
Boulevard between Yorktown Avenue and PCH.
DISTRICT TIME-LINE:
Action/Event Date
1. Call for public Hearing to amend District expiration date November 7, 2005
2. Resolution to extent completion date to December 30, 2009 November 21, 2005
3. Design Phase,permits, agreements, other pre-construction 2 years
4. Construction Phase 2 years
FUNDING SOURCE:
The California Public Utilities Commission requires that public utilities set aside funding
for Underground Utility Districts (Rule 20A). Pursuant to this requirement, Southern
California Edison Company has established a funding program for current and future
Underground Utility Districts within the City as set forth in the Public Works Commission
Section.
Citv of Huntington Beach Rule 20A Fund Allocations
Prior Years Balance $2,350,942
2002 Allocation $ 655,017
2003 Allocation $ 645,880
2004 Allocation $ 686,062
2005 Allocation minus 2005 Expenditures($74,891) $ 738,628
Subtotal $5,076,529
Projected Cost of Beach Blvd.—Yorktown to PCH ($8,539,000)
Balance ($3,462,471)
There is an allowance to complete the project ahead of available funds by a Rule 20A
accepted practice called "mortgaging" the shortfall. The projected $3,462,471 shortfall is
subtracted from future annual Rule 20A allocations estimated at $813,519 per year.
Therefore the shortfall is zeroed out in 4.2 years, or in the year 2010.
SUMMARY AND STAFF RECOMMENDATIONS:
Staff recommends that Council:
1. Call a public hearing to ascertain whether the public necessity, health, safety or welfare
requires the time extension for the removal of these poles and the associated structures.
G:\R C A\2005\05-075&05-076 Nov 7&Nov 21 Attachment(Engineer's Report).doc
2. Adopt by affirmative vote of at least five members of the Council a Resolution
declaring that portion of Beach Boulevard an Underground Utility District, and order
the extension of time to complete the removal of the overhead facilities.
David Webb
City Engineer
G:\R C A\2005\05-075&05-076 Nov 7&Nov 21 Attachment(Engineer's Report).doc
ATTAC H M E N T #2
RESOLUTION NO. 2 0 0 5-8 3
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AMENDING
THE BEACH BOULEVARD UNDERGROUND UTILITY
DISTRICT NO. 00-01.
WHEREAS, Resolution No. 2000-89, adopted on October 16, 2000/established Beach
Boulevard Underground Utility District No. 00-01 ("District No. 00-01");sand
A component of District No. 00-01 called for all poles, overhead wires and associated overhead
structures to be removed and underground installation to be made no later than December 30, 2003;
and
The City Council wishes to amend Utility District No. 00-01 to extend the deadline of
December 30, 2003 up to and through December 30, 2009; and
NOW THEREFORE, BE IT RESOLVED by the Gity Council of the City of Huntington Beach
as follows:
1. The City Council held a public hearing on , which was properly
noticed as required by Government Code, for the purpose of modifying Utility District No. 00-01.
2. Utility District No. 00-01 is hereby mo Tied to extend the time for removal of all poles,
overhead wires and associated overhead st '� lacement of underground installations up to
and through December 30, 2009.
3. The Cit it in ten after the adoption of this resolution shall mail a
copy thereof and a copy the t' c nicipal Code Chapter 17.64 to affected property
owners, if any, as shown on the 1 t assessment roll, and to the affected utilities.
PASSED AND AHOPTEID�by the City Council of the City of Huntington Beach at a regular
meeting held thereof on the day of , 2005.
// Mayor
REVIEWED AND z
OVED APPROVED AS TO FORM:
ity AdnInistrator -� �CitykAtatorney lA- (oS'
INITIATED ND APPROVED:
t2E
Director of Public Works
05reso/utility dist
ATTAC H M E N T #3
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PROJECT
SITEBeach Boulevard Underground Utility District
Yorktown Avenue to Pacific Coast Highway
VICINITYMAP
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Adopt Resolution for Beach Boulevard Underground
Utility District No. 00-01
COUNCIL MEETING DATE: December 19, 2005
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved Y the A roved b Attached ElCit Y AttomeY) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Nott Applicable
Staff Report If applicable) Attached
Sta
p ( pp ) Not A plicable ❑
Commission, Board or Committee Re ort If applicable Attached El
p ( pp ) Not Applicable
Findings/Conditions for Approval and/or Denial Attached ElFindin
9 pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: J. Wagner
Huntington Beach Municipal Code 17.64.080--17.64.120
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--Emergency 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 permission on
such terms as the Council may deem appropriate in cases 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. (2222-12177)
12/88
Smooth Feed Sheets TM Use template for 51600
STATE OF CALIFORNIA
19500 BEACH BLVD OCCUPANT BAIER BEVERLY A
HUNTINGTON BEACH CA, 92646 19501 BEACH BLVD 1200 N HARBOR BLVD
HUNTINGTON BEACH CA, 92648 ANAHEIM CA, 92801
OCCUPANT FREEDMAN SAM F & RUTH E HOAG MEMORIAL HOSPITAL
19521 BEACH BLVD 19542 BEACH BLVD PRESBYTERIAN
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648- 301 N NEWPORT BLVD
2903 NEWPORT BEACH CA, 92663
W T NEWLAND ESTATE BEACH METRO LLC W T NEWLAND ESTATE
PO BOX BB 19671 BEACH BLVD 19800 MAC ARTHUR BLVD#100C
DUBLIN CA, 94568 NEWPORT BEACH CA, 92660 IRVINE CA, 92715
W T NEWLAND ESTATE JONES DONALD P JONES DONALD P
19800 MAC ARTHUR BLVD #1000 PO BOX 4018 405 SEVILLE AVE BALBOA
IRVINE CA, 92715 NEWPORT BEACH CA, 92661 HUNTINGTON BEACH CA, 92648
NELSON GLEN R TRUST JONES DONALD P JONES DONALD P
PO BOX 1 19751 BEACH BLVD 19761 BEACH BLVD
ORANGE CA, 92856-6001 HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648
STERN MARTIN JR W T NEWLAND ESTATE W T NEWLAND ESTATE
5820 WILSHIRE BLVD 19800 MACARTHUR BLVD #1000 19800 MACARTHUR BLVD #1000
LOS ANGELES CA, 90036 IRVINE CA, 92715 IRVINE CA, 92715
W T NEWLAND ESTATE W T NEWLAND ESTATE W T NEWLAND ESTATE
19800 MACARTHUR BLVD #1000 4343 VON KARMAN AVE 19800 MACARTHUR BLVD #1000
IRVINE CA, 92715 NEWPORT BEACH CA, 92660 IRVINE CA, 92715
W T NEWLAND ESTATE OCCUPANT W T NEWLAND ESTATE
19800 MAC ARTHUR BLVD#1000 19891 BEACH BLVD 205 19800 MACARTHUR BLVD #1000
IRVINE CA, 92715 HUNTINGTON BEACH CA, 92648 IRVINE CA, 92715
MING INTERNATIONAL GROUP OCCUPANT ECONO LUBE N TUNE INC
9202 ELLSWORTH DR 19950 BEACH BLVD PO BOX 2470
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92646 NEWPORT BEACH CA, 92658
BEST CALIFORNIA GAS LTD M&A GABAEE MOBIL OIL CORP
10000 LAKEWOOD BLVD PO BOX 5357 PO BOX 290
DOWNEY CA, 90240 BEVERLY HILLS CA, 90209 DALLAS TX, 75221
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RHOTHRIFT ASSOCIATES HUNTINGTON BEACH SELF- KELSCH JOHN A
PO BOX 1047 SERV 20361 BEACH BLVD
SANTA MONICA CA, 90406 1012 BRIOSO DR#202 HUNTINGTON BEACH CA, 92648
COSTA MESA CA, 92627
MC DONALDS CORPORATION KELSCH JOHN A MOLA DEVELOPMENT CORP
20362 BEACH BLVD 20379 BEACH BLVD 8072 ADAMS AVE
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92646
SEAVIEW PLZ MGMT INC R & M SHORECLIFFS L P LTD OHMER KARL A
4500 ROSEMEAD BLVD PTNSHP 20701 BEACH BLVD TRLR 115
ROSEMEAD CA, 91770 1511 E SANTA CLARA AVE HUNTINGTON BEACH CA, 92648-
SANTA ANA CA, 92701 4956
GIORGIO MARIE KING BEN F NORMAN JACOB J
20701 BEACH BLVD TRLR 116 20701 BEACH BLVD TRLR 12 20701 BEACH BLVD TRLR 121
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4956 4973 4956
KERSHAW EDITH H HAUCK BETTY C ZIMPFER RICHARD P
20701 BEACH BLVD TRLR 122 20701 BEACH BLVD TRLR 13 20701 BEACH BLVD TRLR 165
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4956 4973 4959
BURKE BESSIE E RILEY ALAN D GLOVER VERLON M (OR)
20701 BEACH BLVD TRLR 191 20701 BEACH BLVD TRLR 243 20701 BEACH BLVD TRLR 267
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4961 4966 4967
SCHRADER KATHLEEN A BOND KENNETH R LANG BETTY
20701 BEACHBL# 27 20701 BEACH BLVD TRLR 277 20701 BEACH BLVD
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4980 4980 4976
BRION BERNICE KENYON ELIZABETH M BARTELL BURKE B
20701 BEACH BLVD TRLR 61 20701 BEACH BLVD TRLR 86 19503 4TH ST SOUTH # 209
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- GRANDFORKS ND, 58201
4976 4942
ROSENKRANZ ELIZABETH K TRUST SERVICES OF AMERICA OCCUPANT
20701 BEACH BLVD TRLR 98 INC UNITED 21022 BEACH BLVD
HUNTINGTON BEACH CA, 92648- 20800 BEACH BLVD# 200
4955 HUNTINGTON BEACH CA, 92648-
t;9.11.11
SIGNA ENTERPRISES INC PIC N SAVE OF CALIFORNIA INC SIGNA ENTERPRISES INC
PO BOX 67 3336 E 32ND ST PO BOX 67
PLACENTIA CA, 92670 TULSA OK, 74135 PLACENTIA CA, 92670
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OCCUPANT OCCUPANT OCCUPANT
1506 LAKESIDE LN 1504 LAKESIDE LN 1502 LAKESIDE LN
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648
OCCUPANT OCCUPANT OCCUPANT
1420 LAKESIDE LN 1416 LAKESIDE LN 1414 LAKESIDE LN
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648
OCCUPANT OCCUPANT OCCUPANT
1412 LAKESIDE LN 1408 LAKESIDE LN 1406 LAKESIDE LN
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648
OCCUPANT OWNER OCCUPANT
1404 LAKESIDE LN 8232 KINGSDALE DR 1320 LAKESIDE LN
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92646 HUNTINGTON BEACH CA, 92648
OWNER OCCUPANT OCCUPANT
19951 EDGEWOOD 1312 LAKESIDE LN 1310 LAKESIDE LN
HUNTINGTON BEACH CA, 92646 HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648
OCCUPANT OCCUPANT OCCUPANT
1308 LAKESIDE LN 1304 LAKESIDE LN 1302 LAKESIDE LN
HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648 HUNTINGTON BEACH CA, 92648
BRION BERNICE OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT# 61 20701 BEACH BLVD UNIT# 85 20701 BEACH BLVD UNIT# 83
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976 4976
OCCUPANT OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT# 82 20701 BEACH BLVD UNIT# 81 20701 BEACH BLVD UNIT#79
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976 4976
OCCUPANT OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT#78 20701 BEACH BLVD UNIT#77 20701 BEACH BLVD UNIT#76
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976 4976
OCCUPANT OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT#75 20701 BEACH BLVD UNIT#74 20701 BEACH BLVD UNIT#73
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976 4976
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OCCUPANT OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT#72 20701 BEACH BLVD UNIT#70 20701 BEACH BLVD UNIT#69
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976 4976
OCCUPANT OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT#68 20701 BEACH BLVD UNIT#66 20701 BEACH BLVD UNIT#65
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976 4976
OCCUPANT OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT# 64 20701 BEACH BLVD UNIT# 63 20701 BEACH BLVD UNIT#269
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976 4976
OCCUPANT OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT#268 20701 BEACH BLVD UNIT#267 20701 BEACH BLVD UNIT#266
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648•
4976 4976 4976
OCCUPANT OCCUPANT
20701 BEACH BLVD UNIT#265 20701 BEACH BLVD UNIT#264
HUNTINGTON BEACH CA, 92648- HUNTINGTON BEACH CA, 92648-
4976 4976
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C' -Y OF HUNTINGTON BE/ ~H
INTERDEPARTMENTAL COMMUNICATION
Office of the City Clerk
J
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
HUNTINGTON BEACH REQUEST FORM
SUBJECT: A!Z 10 z/.c [/.,/2> UT/.-e/T91
DEPARTMENT: MEETING DATE: /� /9/.I
CONTACT: PHONE:
N/A YES NO
Do the Heading and Closing of Notice reflect City Council (and/or Redevelopment Agency) hearing?
( } (✓� ( } Are the date, day and time of the public hearing correct?
If an appeal, is the appellant's name included in the notice?
If Coastal Development Permit, does the notice include appeal language?
Is there an Environmental Status to be approved by Council?
Is a map attached for publication?
( ) ( ) (✓f Is a larger ad required? Size
Is the verification statement attached indicating the source and accuracy of the mailing list?
( ) ( ) (✓f Are the applicant's name and address part of the mailing labels?
( ) ( ) (✓j Are the appellant's name and address part of the mailing labels?
(,/f ( ) (• ) If Coastal Development Permit, is the Coastal Commission part of the mailing labels?
If Coastal Development Permit, are the resident labels attached?
Is the Report 33433 attached? (Economic Development Dept. items only)
Please complete the following:
1. Minimum days from publication to hearing date /d
2. Number of times to be published
3. Number of days between publications
4. Legal Section ✓ Display
G:Agenda/Agenda Process/PHform
Request for Notice of Public Hearing
for City Council meeting of December 19, 2005
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the
Civic Center Council Chambers, 2000 Main Street, Huntington Beach, at the hour of
6:00 p.m., or as soon thereafter as possible on Monday the 19'h of December, 2005 for
the purpose of adopting a resolution amending the Beach Boulevard Underground Utility
District to extend the expiration date to December, 2009. This notice complies with City
Council Resolution 2005-71 that sets this date for the public hearing. The proposed
action is pursuant to Chapter 17.64 of the Huntington Beach Municipal Code that
authorizes the City Council to designate underground utility districts by resolution.
On February 15, 2000 the City Council passed and adopted Resolution 2000-99 to form
the Beach Boulevard (Yorktown Avenue to Pacific Coast Highway) Underground Utility
District No. 00-01. On December 30, 2003, the Underground Utility District No. 00-01
expired. By extending the Underground Utility District deadline the participating utility
companies should be able to coordinate and complete the project by December 30,
2009.
An Underground Utility District is an area in the city where poles, overhead wires and
associated overhead structures are prohibited. The costs for placing utility lines
underground within the public street right-of-way of Beach Boulevard will be paid for
from funds held by the respective utility companies for that specific purpose.
The complete report of the Underground Utility District is available for review by the
public in the Public Works Department, first floor, or the City Clerk's Office, second floor,
of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m. and
5:00 p.m. Monday through Friday. Interested persons may also contact James Wagner
of the Public Works Department at 714-536-5467 to receive additional information.
All citizens are invited to attend the public hearing and express their opinions for or
against the adoption of the resolution. Written communications to the City Council may
be directed to the City Clerk prior to the date and time of the public hearing.
erg
Request for Notice of Public Hearing
for City Council meeting of December 19, 2005
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the
Civic Center Council Chambers, 2000 Main Street, Huntington Beach, at the hour of
6:00 p.m., or as soon thereafter as possible on Monday the 19th of December, 2005 for
the purpose of adopting a resolution amending the Beach Boulevard Underground Utility
District to extend the expiration date to December, 2009. This notice complies with City
Council Resolution 2005-71 that sets this date for the public hearing. The proposed
action is pursuant to Chapter 17.64 of the Huntington Beach Municipal Code that
authorizes the City Council to designate underground utility districts by resolution.
On October 16, 2000 the City Council passed and adopted Resolution 2000-99 to form
the Beach Boulevard (Yorktown Avenue to Pacific Coast Highway) Underground Utility
District No. 00-01. On December 30, 2003, the Underground Utility District No. 00-01
expired. By extending the Underground Utility District deadline the participating utility
companies should be able to coordinate and complete the project by December 30,
2009.
An Underground Utility District is an area in the city where poles, overhead wires and
associated overhead structures are prohibited. The costs for placing utility lines
underground within the public street right-of-way of Beach Boulevard will be paid for
from funds held by the respective utility companies for that specific purpose.
The complete report of the Underground Utility District is available for review by the
public in the Public Works Department, first floor, or the City Clerk's Office, second floor,
of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m. and
5:00 p.m. Monday through Friday. Interested persons may also contact James Wagner
of the Public Works Department at 714-536-5467 to receive additional information.
All citizens are invited to attend the public hearing and express their opinions for or
against the adoption of the resolution. Written communications to the City Council may
be directed to the City Clerk prior to the date and time of the public hearing.
Request for Notice of Public Hearing
for City Council meeting of December 19, 2005
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the
Civic Center Council Chambers, 2000 Main Street, Huntington Beach, at the hour of
6:00 p.m., or as soon thereafter as possible on Monday the 19th of December, 2005 for
the purpose of adopting a resolution amending the Beach Boulevard Underground Utility
District to extend the expiration date to December, 2009. This notice complies with City
Council Resolution 2005-71 that sets this date for the public hearing. The proposed
action is pursuant to Chapter 17.64 of the Huntington Beach Municipal Code that
authorizes the City Council to designate underground utility districts by resolution.
On October 16, 2000 the City Council passed and adopted Resolution 2000-99 to form
the Beach Boulevard (Yorktown Avenue to Pacific Coast Highway) Underground Utility
District No. 00-01. On December 30, 2003, the Underground Utility District No. 00-01
expired. By extending the Underground Utility District deadline the participating utility
companies should be able to coordinate and complete the project by December 30,
2009.
An Underground Utility District is an area in the city where poles, overhead wires and
associated overhead structures are prohibited. The costs for placing utility lines
underground within the public street right-of-way of Beach Boulevard will be paid for
from funds held by the respective utility companies for that specific purpose.
The complete report of the Underground Utility District is available for review by the
public in the Public Works Department, first floor, or the City Clerk's Office, second floor,
of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m. and
5:00 p.m. Monday through Friday. Interested persons may also contact James Wagner
of the Public Works Department at 714-536-5467 to receive additional information.
All citizens are invited to attend the public hearing and express their opinions for or
against the adoption of the resolution. Written communications to the City Council may,
be directed to the City Clerk prior to the date and time of the public hearing.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGEle,)
am a Citizen of the United States and a of
ublicHe,l for wring underground within the
of Public Hearing public street right-of-
way of Beach Boulevard
resident of the County aforesaid; I am for City Council meeting will be paid for from
of December 19,2005 funds held by the
over the age of eighteen years, and not a NOTICE IS HEREBY respective utility com-
art to or interested in the below entitled GIVEN that a public ponies for that specific -
hearing will be held by purpose.
party The complete report of,
matter. I am a principal clerk of the the City raterCouncil at the the Underground Utility
Civic Center Council District is available for
HUNTINGTON BEACH INDEPENDENT, Chambers, Main review by the publicin
Street, Huuntinti ngton the Public Works De-'
Beach, at the hour of partment, first floor, or
a newspaper of general circulation, 6:00 p.m., or as• soon
thereafter as possible on the City Clerk's Office,
Monday, the 19th ,of second floor, of City
printed and published in the City of December, 2005 for the Hall„2000 Main Street,
purpose of adopting a Huntington Beach be-
Huntington Beach County of Orange resolution amending the a.m. the hours of 8:0
Beach Boulevard. Un-
derground a.m. and 5:00 p.m..
Utility District Monday through Friday.
State of California, and that attached to extend the expiration Interested persons may
date to December,2009.i also contact James
Notice is a true and complete copy as This notice complies Wagnerks of the Public
at
} with City Council Reso- Works 6-Department
to receive
was printed and published in the lution 2005-71 that sets 714-536-54dditional 7 to receive
this date for the public
Huntington Beach issue of said hearing. The proposed All citizens are invitedto attend the public
action is pursuant to hearing and express
newspaper to wit the Issue(s) of: Chapter 17.64 of the their opinions for or
Huntington Beach Mu- against the adoption of
nicipal Code that au-
thorizes the City Council the resolution..Written
to designate under- communications to the
ground utility districts City Council may be
by resolution. directed to the City
On October ],6, 2000 Clerk prior to the date
the City Council passed and time of the public
and adopted Resolution hearing.
DECEPSBER $ 2®®5 2000-99 to form .the Published Huntington
i B e a c h Boulevard Beach Independent De-
(Yorktown Avenue to cember 8,2005 122-625
Pacific Coast Highway)
Underground Utility
District No. 00-01. On,
December 30, 2003, the
Underground Utility
District No. 00,01 ex-
declare under penalty of perjury that pined. By extending the
> > Underground Utility
the foregoing is true and correct. District deadline the
participating utility
companies should be
able to coordinate and
complete the project by
December 30,2009.
Executed on DECEMBER 8,2005 An Underground Utility
at Costa Mesa, California. District is an area in the.
o
city where poles, over-
head wires and associ-
ated overhead structures
y �r/ are prohibited.The costs
for placing utility lines
Signature
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) Ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a Request for Notice public grstreet ound w�rghtofthin e
of Public Hearing way of Beach Boulevard -
resident of the County aforesaid; I am for City Council meeting will be paid for from
over the age of eighteen years and not a NOTICE IS
r19HERE funds Held by the
� NOTICE IS HEREBY respective utility com-
GIVEN that a putrlic,
panies for that specific
purpose.
party to or interested in the below entitled hearing will be held by The complete report of
the City Council at the the Underground Utility
matter. I am a principal clerk of the Civic Center Council District is available for
HUNTINGTON BEACH INDEPENDENT, Chambers, Main review by the public in
Street, Huntington
ngton the Public Works De-
Beach, at the hour of partment, first floor, or
a newspaper of general circulation, 6:00 p.m., or as- soon the City Clerks Office,
thereafter as possible on second floor, of City
printed and published in the City of Monday the 19 0f Hall, 2000 Main Street,
December, 2005 for
the Huntington Beach be-
purpose of adopting a tween the hours of 8:00
Huntington Beach, County of Orange, resolution amending the a.m. and 5:00 p.m.
Beach Boulevard Un- Monday through Friday.
State of California, and that attached derground Utility District Interested persons may
to extend the expiration also contact James
Notice Is a true and complete copy as date to December,2009. Wagner of the Public
This notice complies Works Department at
with City Council Reso-1 714-536-5467 to receive
was printed and published in the lution 2005-71 that sets additional information.
Huntington Beach issue of said this date for the public All citizens are invited
hearing. The proposed to attend the public
action is pursuant to hearing and express
newspaper to wit the Issue(s) of:
Chapter' 17.64 of the their opinions for or
Huntington Beach Mu- against the adoption of
nicipal Code that au- the resolution.' Written
thorizes the City Council communications to the
10 designate under- City 'Council may be
ground utility districts directed to the City
by resolution. Clerk prior to the'date
On October 16, 2000' and time of the public
the City Council passed hearing.
and adopted Resolution Published Huntington
DECEMBEJR 8,2005 2000-99 to ofolrevathe Beach Independent De-
(Yorktown Avenue to cember 8,2005 122-625
Pacific Coast Highway)
Underground Utility
District No. 00-01. On
December 30, 2003, the
Underground Utility
declare under penalty of perjury that pired. By
District No. 00-in the
, UndergroundndU tility
District deadline the
the foregoing is true and correct. participating utility
companies should, be
able to coordinate and
complete the project by
Executed on DECEMBER 8 2005 December
� An Undergrgr Underground
Utility'
District is an area in the
at Costa Mesa, California. city where poles, over-
head wires and associ-
ated overhead structures
r are prohibited.The costs
�. for placing utility lines
'� Signature
i, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Mayor and City Council Members
FROM: Robert F. Beardsley, PE, Director of Public Works
DATE: December 19, 2005
SUBJECT: Removal of Item D-1 (Adopt Resolution to Amend Beach Boulevard
Underground Utility District No. 00-01- Yorktown Avenue to Pacific Coast
Highway) from the Agenda for Council Meeting set for December 19, 2005.
Please remove Item D-1 from the December 19, 2005 Agenda due to problems with the Public
Hearing Notification to affected property owners. The item will be rescheduled and re-noticed at
a future date.
Thank you.
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RESOLUTION NO. 2 0 0 6-8
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AMENDING
THE BEACH BOULEVARD UNDERGROUND UTILITY
DISTRICT NO. 00-01_
WHEREAS, Resolution No. 2000-99, adopted on October 16, 2000, established Beach
Boulevard Underground Utility District No. 00-01 ("District No. 00-01"); and
A component of District No. 00-01 called for all poles, overhead wires and associated overhead
structures to be removed and underground installation to be made no later than December 30, 2003;
and
The City Council wishes to amend Utility District No. 00-01 to extend the deadline of
December 30, 2003 up to and through December 30, 2009, and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach
as follows:
1. The City Council held a public hearing on Feb- 21 , 2 0 0,6which was properly
noticed as required by Government Code, for the purpose of modifying Utility District No. 00-01.
2. Utility District No_ 00-01 is hereby modified to extend the time for removal of all poles,
overhead wires and associated overhead structures and placement of underground installations up to
and through December 30, 2009_
3. The City Clerk, within ten(10) days after the adoption of this resolution shall mail a
copy thereof and a copy of the Huntington Beach Municipal Code Chapter 17.64 to affected property
owners, if any, as shown on the last equalized assessment roll, and to the affected utilities.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting held thereof on the 21 st day of February , 2006.
Mayor
REVIEWED AND APPROVED APPROVED AS TO FORM:
4i;y Ad nistrator City A orney
TED AND PROVED:
/ Director of Public Works
os�oluciticy aist
Res. No. 2006-8
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 21st day of
February, 2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio rk of the
City Council of the City of
Huntington Beach, California
Huntington Beach Municipal Code 17,64.010- 17.64.020(e)
Chapter 17.64
UNDERGROUNDING OF UTILITIES
(2222-12/77,2382-7/79,2975-12/88, 3635-5/04)
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;
(d) District representative, Southern California Edison Company; and
(e) Senior engineer, Public Improvements, General Telephone Company.
17.64.030--17.64.070 Huntington Beach Municipal Code
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)
17.64.070 Conversion of overhead utilities. Any new overhead service 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)
12/88
Huntington Beach Municipal Code 17.64.080--17.64.120
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--Emergency 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 permission on
such terms as the Council may deem appropriate in cases 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)
12/88
17.64.130-17.64.150(b) Huntington Beach Municipal Code
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. (3635-5/04)
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. (3635-5/04)
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. (2222-12n7)
17.64.150 Director of public works--Authority of. The Director of Public 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.
5/04
Huntington Beach Municipal Code 17.64.150(c)-17.64.200(a)
(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--Authority of. 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.
(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.
12/88
17.64.200(b)-17.64.210 Huntington Beach Municipal Code
(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 on which the assessment
has not been paid, and said assessor and 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. (2222-12177)
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Huntington Beach Municipal Code 17.64.220
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. (2222-12177)
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