HomeMy WebLinkAboutEllis Ave. Underground Utility District 94-1 - Goldenwest St i, CITY OF HUNTING'T'ON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
April 11, 1994
159-392-13 �c
Huntington Beach Estates Homeowners Assn.
Suite 800
4431 W. Rosecrans Ave.
Hawthorne, CA 90250
Dear Huntington Beach Estates Homeowners Assn.:
At the meeting of April 6, 1994, a Public Hearing was held by the City Council regarding
the Underground Utility District on Ellis Avenue between Goldenwest Street and
Edwards Street.
The City Council adopted Resolution No. 6581 - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING
UNDERGROUND UTILITY DISTRICT ON ELLIS AVENUE BETWEEN GOLDENWEST
STREET AND EDWARDS STREET."
Enclosed is a certified copy of Resolution No. 6581 and a copy of Huntington Beach
Municipal Code Chapter 17.64.
If you have any further questions, please contact Robert Eichblatt, City Engineer, at
536-543
Connie Brockway, CMC
City Clerk
Attachments: Res 6581
HBMC 17.64
Min
d8afiles\clerkVan\cbmem Wmerge2
(Telephone:714-536-5227)
17.64. 140 - 17.64. 170
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)
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)
1.7.�4�_l�_.._G.1�Y_�4�G1L-�9RR�a.L�4• 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)
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I
17 .64.180 - 17.64.200(c)
1Z,i;4�1.84__.IiQti��t4-_p19 Lty owners and utility cQmpani es. 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)
Responsi bi l i tv of property oliners.
(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
J accomplished by any person within the time provided for in the
resolution enacted pursuant to section 17.64. 110 hereof, the city
engineer shall give notice in writing to the owner thereof as shown on
the last equalized assessment roll , to-provide the required underground
facilities within thirty (30) days after receipt of such notice.
(b) The notice to provide the required underground facilities may be given
either by personal service or by mail . In case of service by mail on
either of such persons, the notice must be deposited in the United
States mail in a sealed envelope with postage prepaid, addressed to the
person in possession of such premises, and the notice must be addressed
to such owner' s last known address as the same appears on the last
equalized assessment roll , and when no address appears, to General
Delivery, city of Huntington Beach. If notice is given by mail , such .
notice shall be deemed to have been received by the person to whom it
has been sent within forty-eight (48) hours after the mailing thereof.
If notice is given by mail to either the owner or occupant of such
premises, the city engineer shall , within forty-eight (48) hours after
the mailing thereof,. cause a copy thereof, printed on a card not less
than 8" x 10" in size, to be posted in a conspicuous place on said
premises .
(c) The notice given by the city engineer to provide the required under
ground facilities shall particularly specify what work is required to be
done, and shall state that if said work is not completed within thirty
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17.64.200(c) - 17.64.210
(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)
of -city. City shall remove at its own expense all
city-owned equipment from all poles required to be removed hereunder in ample
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17.64.210 - 17.64.220
time to enable the owner or user of such poles to remove the same within the
Time specified in the resolution enacted pursuant to section 17.64. 110
?hereof. (2222-12/77)
17.6C 220 EXtenSion of time. In the event that any act required by this
chapter or by a resolution adopted pursuant to section 17 .64.110 hereof cannot
be performed within the time provided because of shortage of materials, war,
restraint by public authorities, strikes, labor disturbances, civil
disobedience, or any other circumstances beyond the control of the actor, then
the time within which such act will be accomplished shall be extended for a
period equivalent to the. time of such limitation. (2222-12/77)
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REQUL►YT FOR CITY COUNk,-tL ACTION
APPROVED EV CITY COUNCIL
Date: A n 4 1994
Submitted to: Honorable Mayor and City Council & I gcf3,,,,
Submitted by: Michael T. Uberuaga, City Administrato `
CrrY C.I.EM
Prepared by: � Louis F. Sandoval, Director of Public Works azo!��-
Subject: Ellis Avenue Underground Utility District - Goldenwest Street to Edwards
Street
Consistent with Council Policy? [XI Yes
---Statement of Issue,Recommended Action-Analysis,Environmental Status,Funding Source,Alternative Action,Attachmexits
---------- JJJ�
STATEMENT OF ISSUE:
It is proposed that an underground utility district be formed within the public right-of-way along Ellis
Avenue between Goldenwest and Edwards Streets.
RECOMMENDED ACTION:
Approve the attached Resolution No.65�1 establishing an underground utility district along Ellis
Avenue between Goldenwest and Edwards Streets.
ANALYSIS:
In December of 1977, Council adopted Huntington Beach Municipal Code, Chapter 17.64. This
Chapter authorized Council to establish underground utility 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, Section 17.64.100, Council
can establish a district if public necessity, health, safety, or welfare requires the removal of poles.
The City Council, on March 21, 1994, approved resolution No. 6 57(o calling for a public hearing
to determine whether public necessity, health, safety, or welfare require the formation of an
underground utility district along Ellis Avenue between Goldenwest and Edwards Streets. 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. 6 59 establishing an underground utility district
along Ellis Avenue, between Goldenwest and Edwards Streets.
Rule 20A of the California Public Utilities Commission requires that public utilities set aside funding for
underground utility districts. Pursuant to this requirement, Southern California Edison 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. In addition to these funds, an $ 117,000.00 has been allocated from the
Community Facilities District No. 90-1 as the proportionate share of the Dahl Company's obligation to
underground portions of the existing overhead utilities within the proposed Underground Utility
District.
RESOLUTION NO. 6581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING UNDERGROUND
UTILITY DISTRICT ON ELLIS AVENUE BETWEEN
GOLDENWEST STREET AND EDWARDS STREET
WHEREAS,by Resolution No. 6576 a public hearing was called for April 6, 1994
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 Ellis Avenue between Goldenwest and Edwards Street per attached plat 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 fords 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 Ellis Avenue between Goldenwest and Edwards Streets, which is hereby
established as Underground Utility District No. 94-1.
BE IT FURTHER RESOLVED that the City Council of the City of Huntington Beach
finds that:
1
4\sTi i isAve2\03/07/94
J T
(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 June 30, 1995 by all affected utility companies.
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
adjourned an meeting thereof held on the 6th day of April , 199 4.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
3-1-5y�ad-
REVIEWED AND APPROVED: FTIATE4DDPROVED:
City Administrator tirector c f Public Works
2
4\s\EI I isAve2\03/07/94
Res.No. 6581
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
adjourned meeting thereof held on the 6th day of April , 19 94 ,
by the following vote:
AYES: Councilmembers:
Robitaillex Bauer, Moulton-Patterson, Winchell, Silva, Sullivan
NOES: . Councilmembers:
None
ABSENT: Counciilmembers:
Leipzicr (out of room)
The foregoing instrument is a correct
copy of the original ,on file in this office. 44&A!L72
.Attest► �- l9�� City Clerk and ex-officio C erk
of the City Council of the City
City Clerk and Ex-officio Clerk of the City of Huntington Beach, California
Council of the City of Huntington. Beach,
Kalif rni
B Deputy
17.64.010 — 17.64.010(b)
i Chapter 17.64
UNDERGROUNDING OF UTILITIES
(22-22-12/77, 2975-12/89)
i
.-Sections:
17 .64.010 Definitions.
17 .64.020 Underground utilities coordi nati ng. 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 building and 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.
i
(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 sectfon 11.64. 110 of this chapter.
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17.64.010(c)- 17.64.030(e)
(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:
(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. i
(2222-12/77, 2382-7/79, 2975-12/88)
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)
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17.64.040 - 17.64.080
17-64.040 Planning comet si n review. Prior to submitting reports to the
city council , the committee shall submit all undergrounding plans to the
;pl.annin.g 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 _fac11 i ti es, 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)
r 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)
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)
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( 1
17. 64.090 - 17.64. 110
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. (2222-12/71)
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 Uti-lities 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)
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17.64. 120 - 17.64. 140
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)
17.64.130 Exceptions to this chapter. The following shall be excluded from
the provisions of this chapter unless otherwise provided in the resolution
i 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.
i
(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)
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
�•- 12/88
Request for City Council Action
Ellis Ave.Underground
April 4, 1994
Page 2
ENVIRONMENTAL STATUS:
This project has been determined to be categorically exempt pursuant to Class I, Section 15301 of the
California Environmental Quality Act.
FUNDING SOURCE:
No City funds required.
ALTERNATIVE ACTION:
Deny the recommended action and forego formation of the district.
ATTACHMENTS:
1 Location Map
2 Resolution Establishing Underground Utility District
3 Engineer's Report
4 Legal Description and Plat Map
LFS:REE:BPC:bpc
ELLISUG2.DOC
UNTINGTON CENTRAL PARK
�A LOCATION
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LOCATION MAP
NOT TO SCALE
ELLIS AVENUE UNDERGROUND
UTILITY DISTRICT
CITY OF HUNTINGTON BEACH `
DEPARTMENT OF PUBLIC WORKS
LL ELLIS_AV
ATTACHMENT 1
RESOLUTION NO. 6576
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 ELLIS AVENUE
BETWEEN GOLDENWEST AND EDWARDS STREETS
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
I -
property within the public right-of-way on Ellis Avenue between Goldenwest and Edwards
Streets(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 April, 4 1994 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 _
4\STIlis Ave 1\12/14/93
Attachment 2
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 "Ellis Avenue 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 21stday of March , 1994
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �Cay Attorney !p„¢. 1L• ty..g3�2�s�ss
REVIEWED AND APPROVED: INITIATED AND PROVED:
i Administra r irector of P blic Works
J3iilC
2 _
4\S\Ellis Ave 1\12/14/93
Attachment 2
Ilk
EXIBIT "A"
LEGAL DESCRIPTION
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 5 SOUTH, RANGE 11 WEST IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ELLIS AVENUE AND THE
CENTERLINE OF EDWARDS STREET, AS SHOWN ON TRACT 13269, PER MAP RECORDED IN
BOOK 649, PAGES 27 THROUGH 29 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY; THENCE SOUTH 0°49'40" EAST 50.00 FEET TO A POINT IN ALINE
PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE CENTERLINE OF ELLIS AVENUE, AS
SHOWN ON SAID TRACT 13269; THENCE NORTH 89010'20" EAST 2639.91 FEET ALONG SAID
PARALLEL LINE TO A POINT IN THE CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON
SAID TRACT 13269; THENCE NORTH 0°51'13" WEST 50.00 FEET ALONG SAID CENTERLINE OF .
GOLDENWEST STREET TO THE INTERSECTION OF SAID CENTERLINE OF ELLIS AVENUE AND
SAID CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON SAID TRACT 13269; THENCE
CONTINUING NORTH 0°51'13" WEST 50.00 FEET TO A POINT IN A LINE PARALLEL WITH AND
50.00 FEET NORTHERLY OF SAID CENTERLINE OF ELLIS AVENUE; THENCE SOUTH 89010,20 11
WEST 2639.91 FEET ALONG SAID NORTHERLY PARALLEL LINE TO A POINT IN THE
CENTERLINE OF EDWARDS STREET AS SHOWN ON SAID TRACT 13269; THENCE SOUTH
00 51'26" EAST 50.00 FEET ALONG SAID CENTERLINE OF EDWARDS STREET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART HEREOF.
Prepared by Bruce Crosby
Checked by Steve May
LEITERIELLISLE2.DOC
LEGAL DESCRIPTION
ELLIS AVENUE
UNDERGROUND UTILITY DITRICT
HUNI1NGM?q BEACH
HUNTINGTON CENTRAL PARK
I
Ct EDWARDS ST. CE GOLDENWEST ST.
S00'51'26"E 50.00' N00'51'13"W 100.00'
ELLIS AVE.
S89'10'20"W 2639.91'
P.O.B. N89'10'20"E 2639.91'
S00'49'40"E 50.00'
LL-= ZA
LEGEND:
UNDERGROUND UTILITY DISTRICT BOUNDARY
SCALE: 1" = 400'
EXHIBIT " B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION .FOR
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ELLLECAL
Res. No. 6576
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 21st day of March , 19 94 ,
by the following vote:
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, WInchell, Leipzig, Sullivan
NOES: . Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
f`
RESOLUTION NO. 6581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING UNDERGROUND
UTILITY DISTRICT ON ELLIS AVENUE BETWEEN
GOLDENWEST STREET AND EDWARDS STREET
WHEREAS,by Resolution No. 6576 a public hearing was called for April _6, 1994
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 Ellis Avenue between Goldenwest and Edwards Street per attached plat 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 Ellis Avenue between Goldenwest and Edwards Streets, which is hereby
established as Underground Utility District No. 94-1.
BE IT FURTHER RESOLVED that the City Council of the City of Huntington Beach
finds that:
1
4\s\EI I isAve2\03/07/94
(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 June 30, 1995 by all affected utility companies.
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
adjoe an meeting thereof held on the 6th day of April , 199 4.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Cit Attorney
REVIEWED AND APPROVED: ITIATED D APPROVED:
City Administrator irector Public Works
2
4\s\E11 isAve2\03/07/94
Res. No. 6581
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
adjourned meeting thereof held on the 6th day of April , 19 94 ,
by the following vote:
AYES: Councilmembers:
Robi aill , RaLer, Moulton-Patterson, Winchell, Silva, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Leipzig(nut- of room)
City Clerk and ex-officio C erk
of the City Council of the City
of Huntington Beach,California
Engineer's Report
March 14, 1994
Ellis Avenue Underground Utility District
Goldenwest to Edwards Streets
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 Huntington Beach Municipal Code, Chapter
17.64.
PURPOSE OF UNDERGROUND UTILITY DISTRICTS
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 basic types of underground utility districts. The first type 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.
METHOD OF ESTABLISHING DISTRICTS:
In 1977 the Huntington Beach City Council adopted Huntington Beach Municipal Code,
Chapter 17.64. This chapter set forth guidelines and 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 necessity of a District. The second resolution
calls for the establishment of the district.
-1- Attachment 3
UTILITY UNDERGROUND COORDINATING COMMITTEE:
Huntington Beach Municipal Code, Section 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 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.
Current committee members include the following representatives from:
Public Utilities
Dave Yorke Southern California Edison
City of Huntington Beach
Bob Eichblatt City Engineer
Don Noble Contract Administrator
Louis F. Sandoval Director of Public Works
Howard Zelefsky Planning Director
-2- Attachment 3
On November 29 1993, 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. Twenty-one (21) potential Districts were identified. Ellis Avenue (Edwards to
Goldenwest) is the fourth of the 21 Districts to be established. The formation of this proposed
District would require the removal of 26 utility poles.
DISTRICT TIME-LINE:
Action/Event Date
1. Ellis Avenue selected November 29, 1993
as a priority
2. Planning Commission approval January 7, 1994
of the proposed District
3. Call for public hearing to March 21, 1994 (Proposed)
establish district
4. Resolution/Establishment of April 4, 1994 (Proposed)
District
5. Utility companies begin June 1994
undergrounding service
lines
7. Removal of utility poles September 1994
-3- Attachment 3
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 has established the following funding program for current and future Underground Utility
Districts within the City:
1992 Year End Balance $350,000
1993 Allocation. $556,000 �
Subtotal $906,000
Projected Cost of Beach Blvd., Edinger to 405, Underground Utility
District 1,068,000
Balance <$162,000>
Projected Cost of Beach Blvd., Warner to Heil, Underground Utility
District 1,143,400
Balance <$1.305.000>
1994 Allocation 556,000
Subtotal <$749,000>
Projected Cost of Ellis Ave., Goldemvest to Edwards Underground
-Utility District ($300,000-$117,000 *)=$183,000 183,000
Balance <$93 2,000
1995 Allocation 556,000
Subtotal <$376,000>
1996 Allocation 556,000
Balance $180,000
* Developers contribution of$ 117,000.00.
SUMIMARY AND STAFF RECOMMENDATION:
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
this portion of Ellis Avenue an Underground Utility District, and order the removal of
overhead facilities.
Robert E Eichblatt
City Engineer
ELLISER-DOC
-4- Attachmcnt 3
EXIBIT "A"
LEGAL DESCRIPTION
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 5 SOUTH, RANGE 11 WEST IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ELLIS AVENUE AND THE
CENTERLINE OF EDWARDS STREET, AS SHOWN ON TRACT 13269, PER MAP RECORDED IN
BOOK 649, PAGES 27 THROUGH 29 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY; THENCE SOUTH 0149'40" EAST 50.00 FEET TO A POINT IN A LINE
PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE CENTERLINE OF ELLIS AVENUE, AS
SHOWN ON SAID TRACT 13269; THENCE NORTH 89°10'20" EAST 2639.91 FEET ALONG SAID
PARALLEL LINE TO A POINT IN THE CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON
SAID TRACT 13269; THENCE NORTH 0°51'l3" WEST 5 0.00 FEET ALONG SAID CENTERLINE OF
GOLDENWEST STREET TO THE INTERSECTION OF SAID CENTERLINE OF ELLIS AVENUE AND
SAID CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON SAID TRACT 13269; THENCE
CONTINUING NORTH 00 51'13" WEST 50.00 FEET TO A POINT IN A LINE PARALLEL WITH AND
50.00 FEET NORTHERLY OF SAID CENTERLINE OF ELLIS AVENUE; THENCE SOUTH 89110'20 "
WEST 2639.91 FEET ALONG SAID NORTHERLY PARALLEL LINE TO A POINT IN THE
CENTERLINE OF EDWARDS STREET AS SHOWN ON SAID TRACT 13269; THENCE SOUTH
0051'26" EAST 50.00 FEET ALONG SAID CENTERLINE OF EDWARDS STREET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART HEREOF. �5��LAND SU9`
E W. ;PA,
�k UP.6 30�96
N No.7023 \�
Prepared by Bruce Crosby
Checked by Steve May
LEI WELLISLEIDOC
Oil LEGAL DESCRIPTION
ELLIS AVENUE
UNDERGROUND UTILITY DITRICT
HUNTINGTON BEACH
Attachment 4
LAND
co 0
Exp.N3646
I N No.7o23
�9ROF CAL1
HUNTINGTON CENTRAL PARK
I
EDWARDS ST. GOLDENWEST ST.-----,,
I
I
S00'S1'26"E 50.00' N00'51'13"W 100.00'
q ELLIS AVE.
S89'10'20"W 2639.91'
P.O.B. N89-10'20"E 2639.91'
I
i o
i
i S00, 49'40"E 50.00'
I � I
LEGEND: Ail,I`1
UNDERGROUND UTILITY DISTRICT BOUNDARY m
SCALE: 1" = 400'
EXHIBIT " B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT OJJ +i4
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ELLLECAL
PROOF OF PUBLICATION (' Too PAlbD
STATE OF CALIFORNIA)
SS.
Count f
Y o Orange ) I PUBLIC NOTICE I Huntingtbn Beach does re-' PASSED AND ADOPTED
solve xt follows: by the City Council of the
PubUb Hearing SECTION 1.'NOTICE IS City of Huntington Beach at
Scheduled for HEREBY GIVEN that a pub- a regular meeting thereof
I am a Citizen of the United States and a 4/4/94 lic hearing will be held by held on,the 21 day of
RESOLUTION the City Council of the City MARCH,1994.
resident of the County aforesaid; I am NQ-B576 l of Huntington Beach on /S/ Linda Moulton.
April 4, 1994 at the hour of
A RESOLUTION OF. � Patterson,Mayor
THE CITY COUNCIL
over the ace of eighteen ears, and not a 17:00 p.m. in the Council' ATTEST-
Chambers of the Civic Cen-
OF THE CITY OF ter, or as soon thereafter /S/ Connie Brockway,
party to or interested in the below HUNTINGTON BEACH as the matter may be City Clerk
entitled matter. I am a principal clerk of CALLING A PUBLIC heard,to ascertain whether' STATE OF CALIFORNIA)
HEARING TO I the public necessity; COUNTY OF ORANGE)ss:
DETERMINE health,safety or welfare re-, CITY OF HUNTINGTON
the HUNTINGTON BEACH INDEPENDENT, a WHETHER PUBLIC quires the removal of. BEACH)
poles, overhead wires ands
newspaper of I, CONNIE BROCKWAY,I
g NECESSITY,circulation, printed HEALTH, associated overhead struc the duly elected, qualified,
p SAFETY OR WELFARE tures and the underground
and published in the C l ty of H u n t i n gto n REQUIRE THE installation of wires and fa.' City Clerk of the City of
FORMATION OF AN cilities for supplying elecJ Huntington Beach, and ex
Beach County tric, communication, or, officlo Clerk of the City.,
, {�� of Orange, State of UNDERGROUND similar associated service
`I � UTILITY DISTRICT. Council of said City, do
in the districts hereinabove hereby certify that the
California, and that attached Notice IS a ON ELLIS AVENUE described. y y
BETWEEN SECTION 2.At-such hear• whole number of members
true and complete copy as was printed GOLDENWEST AND ing all persons interested of the City,Council of the
EDWARDS STREETS shall be given an' op- City of Huntington Beach is
and published in the Huntington Beach WHEREAS, Huntington portunity to be heard. Said seven; that the foregoing
Beach Municipal Code hearing may be continued resolution was passed and
and Fountain Valle Issues of said Chapter 17.64 establishes from,time to time as may, adopted by the affirmative'
y a procedure for the ,cre- be determined by the'City vote of at least a majority'
ation of underground utility Council.
newspaper to wit the issue(s) of: districts and requires, as SECTION 3. The Cit of all members of said Cityj
the initial step, the holding Clerk shall notify all of-1 Council at a regular meet-
of public hearing to ascer-1 fected property owners as ing thereof held on the 21sti
tain whether a public ne shown .on the last equal• day of March, 1994, by thel
cessity, health, safety or 'zed• assessment roll and following vote:
welfare requires the re- utilities concerned of the' , AYES: CouncllmernJ
moval of poles, overhead time and place of such] bers: Robitallle, Bauer,)
wires and associated over-'Ihearing by mailing a copy Moulton-Patterson,'
head structures and the of this resolution to such Winchell Silva Sul-
underground Installation of'Property owners and utili-
March 24, 1994 wires and facilities for sup• ties concerned at least ten liven,Leipzig
plying electric communica•1(10) days prior to the date NOES: Councilmem-
lion, or similar or associ• thereof. bers:None
ated service in an such SECTION 4. The areas
y !� ABSENT: Council.'district;and proposed to be included in
declare, under p e n a I ty of perjury, that It has been recommended!the district are shown on rriem4ers:None
that such an underground those certain maps entitled /S/ Connie Brockway,
the foregoing is true and correct. utility district be formed to"'Ellis Avenue Underground City Clerk and VA-
include g include property within they Utility District" which is on of(iclo Clerk of the City;
public right-of-way on Ellis file inthe, Department of Council of the Cit of,
Avenue between Golden-1 Public Works of the City o1 y
west and Edwards Streets. II.H_untinoton_Beach. _ Huntington Beach, Cal-I
NOW, THEREFORE, the)
Executed on March 24 199 4 City Council of the City of Published Huntington)
r ! I Beach-Fountain Valley In-
at Costa Mesa, California. dependent March 24, 1994.+
034799�
i
-" Signature
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110-210-01 20 159-393-03 11
William Landis Fred W. Gooding
Suite 1060 %Randi Fjaeran
1901 Avenue of the Stars P.O. Box 5255
Los Angeles, CA 90067 Chula Vista, CA 92012
110-185-15 21
Georgina L. Cartwright 159-381-16 9
33816 Alcazar Drive Ellis Central Park
Dana Point, CA 92629 Homeowners Assn.
505 Park Avenue
Balboa Island, CA 92662
159-371-01 1
Duane Keller
6861 Hitchingpost Circle
Huntington Beach, CA 92648
i
159-371-02 2
Sang Chung
6851 Hitchingpost Circle
Huntington Beach, CA 92648
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159-393-02 10 159-392-09 16
Richard W. Long
Randi Fjaeran 6681 Carriage Circle
P.O. Box 1097 Huntington Beach, CA 92648
Carlsbad, CA 92008
159-381-01 6
Chris Leicht 159-392-10 17
6811 Hitching Post Circle Gunter Wetzel
6671 Carriage Circle
Hunington Beach, CA 92648 Huntington Beach, CA 92648
159-381-02 7 159-392-11 18
Aaron Pai Stephen K. Liu
6781 Hitching Post Circle
Huntington Beach, CA 92648 6661 Carriage Circle
Huntington Beach, CA .92648
159-381-03 8
Jeffrey V. Davis 159-392-13 19
6676 Hi chi P st Cit 1l Huntington Beach Estates
Aun ing on 92apR CA �1948 Homeo s Association
Suite
4431 W. Rosecrans Avenue
Hawthorne, CA 90250
110-165-17 28 159-393-07 13
Duane V. Woopert Orrin R. Philips
2399 E. Pacific Coast Highway 1.0211 Kaimu Drive
Long Beach, CA 90804 Huntington Beach, CA 92646
110-165-24 30 159-393-09 14
C.H. Boulwar
6792 Silver Beach Circle Barbara Gratz Kovner
Huntington Beach, CA 92648 = 634 S. Orchard Drive
Burbank, CA 91506
110-186-14 25
Herman Harms
5655 116th PL SE
Bellevue, WA ;98004
110-186-14 24 = 110-165-23 29
Huntington Beach Company Duane .V. Woolpert
2120 Main •Streetr Suite 250 2399 E. . PAcific Coast Highway
Huntington Beach, CA 92648 Long Beach, CA 90804
r
y
may,City Clerk
tington Beach ��..��. ...--- ..._ us.re_.
ie City Clerk t .d g'
Sox 190 "' r riAR25
each,CA 92648 FIRST CLASS [®}� ��\
IA
"'� 110-186-14 24 , D
w Huntington Beach Company
2120 Main Street, Suite'R4 `a-
B�, Huntington Beach, CA 2 ETugy.
tf0 II
q� •h1�1 to 0
CJ I SEry�t q O
cCR ARDED�Xp,o,- i"
� Ca
LEGAL NOTICE - PUBLIC HEARING
1� d
�� -q
April 11, 1994
«APN»
«Name»
«Street»
CityStateZip»
Dear «Name»:
At the meeting of April 6, 1994, a Public Hearing was held by the City Council regarding
the Underground Utility District on Ellis Avenue between Goldenwest Street and
Edwards Street.
The City Council adopted Resolution No. 6581 - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING
UNDERGROUND UTILITY DISTRICT ON ELLIS AVENUE BETWEEN GOLDENWEST
STREET AND EDWARDS STREET."
Enclosed is a certified copy of Resolution No. 6581 and a copy of Huntington Beach
Municipal Code Chapter 17.64.
If you have any further questions, please contact Robert Eichblatt, City Engineer, at
536-5437.
Connie Brockway, CMC
City Clerk
Attachments: Res 6581
HBMC 17.64
CB:ln
d8afiles\clerk\Ian\cbmem 14\merge2
159-371-03 159-371-04 159-371-16
Young Rae Park Philip D.Layton Ellis Central Park Homeowners Assn.
6841 Hitchingpost Circle 6821 Hitchingpost Circle 505 Park Avenue
Huntington Beach,CA 92648 Huntington Beach,CA 92648 Balboa Island,CA 92662
159-393-04 159-393-02 159-381-01
Margaret Lindsay Randi Fjaeran Chris Leicht
10081 Beverly Drive P O Box 1097 6811 Hitchingpost Circle
Huntington Beach,CA 92646 Carlsbad,CA 92008 Huntington Beach,CA 92648
159-381-02 159-381-03 159-392-09
Aaron Pai Jeffrey V.Davis Richard W.Long
6781 Hitchingpost Circle 6761 Hitchingpost Circle 6681 Carriage Circle
Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648
159-382-10 159-392-11 159-392-13
Gunter Wetzel Stephen K.Liu Huntington Beach Estates Homeowners
6671 Carriage Circle 6661 Carriage Circle Assn., Suite 800
Huntington Beach,CA 92648 Huntington Beach,CA 92648 4431 W.Rosecrans Ave.
Hawthorne,CA 90250
110-186-16 110-186-17 110-153-13
Alice E.Hughes Milton H.Marow Elmer E.Brown
P.O. Box 2304 864 N.Bundy Drive 524 S.9th East
Santa Fe Springs,CA 90670 Los Angeles,CA 90049 Salt Lake City,UT 84102
110-210-01 110-185-15 159-393-03
William Landis Georgina L. Cartwright Fred W.Gooding c/o Randi Fjaeran
Suite 1060 33816 Alcazar Drive P.O.Box 5255
1901 Avenue of the Stars Dana Point,CA 92629 Chula Vista,CA 92012
Los Angeles,CA 90067
159-381-16 159-371-01 159-371-02
Ellis Central Park Homeowners Assn. Duane Keller Sang Chung
505 Park Avenue 6861 Hitchingpost Circle 6851 Hitchingpost Circle
Balboa Island,CA 92662 Huntington Beach,CA 92648 Huntington Beach,CA 92648
110-165-17 110-165-24 110-186-14
Duane V. Woopert C.H.Boulwar Herman Harms
2399 E.Pacific Coast Hwy 6792 Silver Beach Circle 5655 116th PI SE
Long Beach,CA 90804 Huntington Beach,CA 92648 Bellevue,WA 98004
110-186-14 159-393-07 159-393-09
Huntington Beach Company Orrin R.Philips Barbara Gratz Kovner
23 Corporate Plaza 10211 Kaimu Drive 634 S.Orchard Drive
Suite 250 Huntington Beach,CA 92646 Burbank,CA 91506
Newport Beach,CA 92660
110-165-23
Duane V. Woolpert
2399 E.Pacific Coast Hwy
Long Beach,CA 90804
RESOLUTION NO. 6581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING UNDERGROUND
UTILITY DISTRICT ON ELLIS AVENUE BETWEEN
GOLDENWEST STREET AND EDWARDS STREET
WHEREAS,by Resolution No. 6576 a public hearing was called for April 6, 1994
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 Ellis Avenue between Goldenwest and Edwards Street per attached plat 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 fmds 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 Ellis Avenue between Goldenwest and Edwards Streets,which is hereby
established as Underground Utility District No. 94-1.
BE IT FURTHER RESOLVED that the City Council of the City of Huntington Beach
finds that:
1
4\s\EII isAve2\03/07/94
(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 June 30, 1995 by all affected utility companies.
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
adjoe an meeting thereof held on the 6th day of April , 199 4.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: ITIATED D APPROVED:
City Administrator irector Public Works
2
4\s\EI1 isAve2\03/07/94
a
Res.No. 6581
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
adiournea meeting thereof held on the 6th day of April , 19 94 ,
by the following vote:
AYES: Councilmembers:
uobifa;ile, Raiitmr. Mou1 on—Patt r_son, W;nchell, Silva, Sullivan
NOES: Councilmembers:
Non
ABSENT: Councilmembers:
heiPzig (out- of rmm)
The foregoing instrument is a correct
COPY of the original on file in this office: 4&A!�72
Attest Y (Z 1g City Clerk and ex-officio C erk
t ��Y of the City Council of the City
City Cierl, and Ex-officio Clark of the City of Huntington Beach,California
Council of the City of Huntington Beach,
'Californi .
B Deputy
17.64.010 — 17.64.010(b)
Chapter 17.64
UU1 DERGROUNDING OF UTILITIES
(22-22-12/77, 2975-12/88)
-Sections:
17.64.010 Definitions.
17.64.020 Underground utilities coordinating committee established_ .
17.64.030 Duties.
17:64.040 Planning commission review.
17 .64.050 Underground public utilities faci.lities.
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 building and community development--Authority of.
11.64. 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 11.64. 110 of this chapter.
12/88
17.64.010(c)- 17.64.030(e)
(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 :
(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.
(2222-12/77, 2382-7/79, 2975-12/88)
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)
12/88
17.64.040 - 17.64.080
�.r
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)
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)
- 12/88
r . .
17.64.090 - 17.64. 110
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)
17.54.100 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)
12/88
17.64. 120 - 17.64. 140
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)
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 . (2222-12177)
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
�- 12/88
17.64. 140 - 17.64. 170
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)
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)
1.7.,b4-.-lZQ...-CUy-Cguncil--AppgAL t4• 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)
12/88
17.64. 180 - 17.64.200(c)
.17.64.1.$Q_.AQtJ-c-g-t4_..pronerty 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=6 .240 __Resons.i bi 1 i ty 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.
(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
12/88
17.64.200(c) - 17.64.210
(30) days after receipt of such notice the city engineer will provide
i such required underground facilities, n 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.
M. 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)
]7 U,2_1Q.AesPopsibiIity of city. City shall remove at its own expense all
city-owned equipment from all poles required to be removed hereunder in ample
12/88
17.64.210 - 17.64.220
time to enable the owner or user of such poles to remove the same within the
'time specified in the resolution enacted pursuant to section 17.64. 110
hereof. (2222-12/77)
17.64.220 Extension of time. In the event that any act required by this
chapter or by a resolution adopted pursuant to section 17.64.110 hereof cannot
be performed within the time provided because of shortage of materials, war,
restraint by public authorities, strikes, labor disturbances, civil
disobedience, or any other circumstances beyond the control of the actor, then
the time within which such act will be accomplished shall be extended for a
period equivalent to the time of such limitation. (2222-12/77)
12/88
p APO
HUMiNWON BEACH
FROM THE DESK OF Bruce Crosby
Civil Engineering Assistant
Public Works Dept.
536-5247
REQ UEo r FOR CITY COUNAL ACTION
APPROVED BY CITY COUN�C�I/I.
19 ate:March 21, 1994
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator CrFf CLERK
Prepared by: Louis F. Sandoval, Director of Public Works
Subject: Ellis Avenue Underground Utility District - Goldenwest Street to Edwards
Street
Consistent with Council Policy? [X1 Yes
----------------------------------------------------------------------------------------------------------------------- -------------------
Statement of Issue,Recommended Action,Analysis,Environmental Status,Funding Source,Alternative Action,Attachments��Z/
--------------------------------------------------------------------------------------------------------------------------------------------------
STATEMENT OF ISSUE:
It is proposed that an underground utility district be formed within the public right-of-way along Ellis
Avenue between Goldenwest and Edwards Streets.
RECOMMENDED ACTION:
Approve the attached Resolution No. G S 7G calling for a public hearing to determine whether or not
public necessity, health, safety, or welfare require the formation of an underground utility district along
Ellis Avenue between Goldenwest and Edwards Streets.
ANALYSIS:
A number of older major highways within the City are lined with electrical and/or telephone poles.
These poles and associated overhead structures are unattractive and present a safety hazard to traffic on
these highways.
In December of 1977, Council adopted Huntington Beach Municipal Code, Chapter 17.64. This
Chapter authorized Council to establish underground utility 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, Section 17.64.100, Council
can establish a district if public necessity, health, safety, or welfare requires the removal of poles.
Huntington Beach Municipal Code, Section 17.64.020 requires the establishment of an Underground
Utilities Coordinating Committee. This committee is to establish a list of potential districts. On
November 29, 1993, the City's Underground Utility Coordinating Committee met to determine the
location and priority of undergrounding conversion work within the City. The Committee identified Ellis
Avenue, between Edwards and Goldenwest Streets as a top priority district.
Request for City Council Action
Ellis Ave. Underground
March 21, 1994
Page 2
Pursuant to Huntington Beach Municipal Code, Section 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 Planning Commission, on January 4, 1994, found the proposed Ellis Avenue Underground Utility
District to be consistent with comprehensive plans for the City by making the following findings:
1. The proposed Ellis Avenue Underground Utility District is consistent with the design goals for
the Ellis-Goldenwest Specific plan area.
2. The proposed Ellis Avenue Underground Utility District is consistent with the goals and the
landscape and design policies for the Holly-Seacliff Master Plan and Specific Plan area.
3. The proposed Ellis Avenue Underground Utility district is consistent with the Open Space
Element of the General Plan as it relates to Huntington Beach Central Park and the Huntington
Beach Central park Equestrian Center.
Rule 20A of the California Public Utilities Commission requires that public utilities set aside funding for
underground utility districts. Pursuant to this requirement, Southern California Edison 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. In addition to these funds, an $ 117,000.00 has been allocated from the
Community Facilities District No. 90-1 as the proportionate share of the Dahl Company's obligation to
underground portions of the existing overhead utilities within the proposed Underground Utility
District.
ENVIRONMENTAL STATUS:
This project has been determined to be categorically exempt pursuant to Class I, Section 15301 of the
California Environmental Quality Act.
FUNDING SOURCE:
No City funds required.
ALTERNATIVE ACTION:
Deny the recommended action
Request for City Council Action
Ellis Ave. Underground
March 21, 1994
Page 3
ATTACHMENTS:
1 Location Map
2 Resolution Calling for a Public Hearing
3 Engineer's Report
LFS:REE:BPC:bpc
ELLISUGD.DOC
— RESOLUTION NO. 6576
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 ELLIS AVENUE
BETWEEN GOLDENWEST AND EDWARDS STREETS
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
i
property within the public right-of-way.on Ellis Avenue between Goldenwest and Edwards
Streets (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 April, 4 1994 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 _
4\S\Ellis Ave 1\12/14/93
Attachment 2
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 "Ellis Avenue 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 21st:day of March , 1994 -
Mayor f
ATTEST: APPROVED AS TO FORM:
City Clerk CAN Atttorne
/�� /Z/V-
REVIEWED AND APPROVED: INITIATED AND PROVED:
i Administra r )rector of P blic Works
J3iilC
2
4MEllis Ave 1\12/14/93
Attachment 2
EXIBIT "A"
LEGAL DESCRIPTION
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 5 SOUTH, RANGE I I WEST IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ELLIS AVENUE AND THE
CENTERLINE OF EDWARDS STREET, AS SHOWN ON TRACT 13269, PER MAP RECORDED IN
BOOK 649, PAGES 27 THROUGH 29 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY; THENCE SOUTH 0°49'40" EAST 50.00 FEET TO A POINT IN ALINE
PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE CENTERLINE OF ELLIS AVENUE, AS
SHOWN ON SAID TRACT 13269; THENCE NORTH 8911 10'20" EAST 2639.91 FEET ALONG SAID
PARALLEL LINE TO A POINT IN THE CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON
SAID TRACT 13269; THENCE NORTH 0°51'13"WEST 50.00 FEET ALONG SAID CENTERLINE OF .
GOLDENWEST STREET TO THE INTERSECTION OF SAID CENTERLINE OF ELLIS AVENUE AND
SAID CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON SAID TRACT 13269; THENCE
CONTINUING NORTH 0°51'13" WEST 50.00 FEET TO A POINT IN A LINE PARALLEL WITH AND
50.00 FEET NORTHERLY OF SAID CENTERLINE OF ELLIS AVENUE; THENCE SOUTH 89°10'20
WEST 2639.91 FEET ALONG SAID NORTHERLY PARALLEL LINE TO A POINT IN THE
CENTERLINE OF EDWARDS STREET AS SHOWN ON SAID TRACT 13269; THENCE SOUTH
0051'26" EAST 5 0.00 FEET ALONG SAID CENTERLINE OF EDWARDS STREET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART HEREOF.
Prepared by Bruce Crosby
Checked by Steve May
LEMRMLLISLEIDOC
LEGAL DESCRIPTION
ELLIS AVENUE
UNDERGROUND UTILITY DITRICT
RUN RNGMN BEACH
HUNTINGTON CENTRAL PARK
I I
q EDWARDS ST. GOLDENWEST ST.
S00'51'26"E 50.00' N00'51'13"W 100.00'
(� ELLIS AVE.
S89'10'20"W 2639.91'
P.O.B. N89'10'20"E 2639.91'
S00'49'40"E 50.00'
LEGEND:
UNDERGROUND UTILITY DISTRICT BOUNDARY
SCALE:- 1" = 400'
EXHIBIT " 8"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION .FOR
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
EILLECAL
1 »
Res. No. 6576
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 21st day of March , 19. 94 ,
by the following vote:
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, WInchell, Leipzig, Sullivan
NOES: . Councilmembers:
None
ABSENT: Councilmembers:
None
•
City Clerk and ex-officio lerk
of the City Council of the City
of Huntington Beach,California
HUNTINGTON CENTRAL PARK
U) LOCATION
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ELLIS A E.
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LOCATION MAP
NOT TO SCALE NN
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ELLIS AVENUE UNDERGROUND
UTILITY DISTRICT 164-4 me
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ELLIS_AV
ATTACHMENT 1
Engineer's Report
March 3, 1994
Ellis Avenue Underground Utility District
Goldenwest to Edwards Streets
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 Huntington Beach Municipal Code, Chapter
17.64.
PURPOSE OF UNDERGROUND UTILITY DISTRICTS
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 basic types of underground utility districts. The first type is a Rule 20A
project. 'Rule 20N 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.
METHOD OF ESTABLISHING DISTRICTS:
In 1977 the Huntington Beach City Council adopted Huntington Beach Municipal Code,
Chapter 17.64. This chapter set forth guidelines and 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 necessity of a District. The second resolution
calls for the establishment of the district.
-1- Attachment 3
UTILITY UNDERGROUND COORDINATING COMMITTEE:
Huntington Beach Municipal Code, Section 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 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.
Current committee members include the following representatives from:
Public Utilities
Dave Yorke Southern California Edison
City of Huntington Beach
Bob Eichblatt City Engineer
Don Noble Contract Administrator
Louis F. Sandoval Director of Public Works
Howard Zelefsky Planning Director
-2- Attachment 3
On November 29 1993, 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. Twenty-one (21) potential Districts were identified. Ellis Avenue (Edwards to
Goldenwest) is the fourth of the 21 Districts to be established. The formation of this proposed
District would require the removal of 26 utility poles.
DISTRICT TIME-LINE:
Action/Event Date
1. Ellis Avenue selected November 29, 1993
as a priority
2. Planning Commission approval January 7, 1994
of the proposed District
3. Call for public hearing to March 21, 1994 (Proposed)
establish district
4. Resolution/Establishment of April 4, 1994 (Proposed)
District
5. Utility companies begin June 1994
undergrounding service
lines
7. Removal of utility poles September 1994
-3- Attachment 3
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 has established the following funding program for current and future Underground Utility
Districts within the City:
1992 Year End Balance $350,000
1993 Allocation $556,000
Subtotal $906,000
Projected Cost of Beach Blvd., Edinger to 405, Underground Utility
District 1,068,000
Balance <$162,000>
Projected Cost of Beach Blvd., Warner to Heil, Underground Utility
District 1,143,400
Balance <$1,305,000>
1994 Allocation 556,000
Subtotal <$749,000>
Projected Cost of Ellis Ave., Goldenwest to Edwards Underground
Utility District $300,000-$117,000 * =$183,000 183,000
Balance <$932,000
1995 Allocation 556,000
Subtotal <$376,000>
1996 Allocation 556,000
Balance $180,000
* Developers contribution of$ 117,000.00.
SUMMARY AND STAFF RECOMMENDATION:
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
this portion of Ellis Avenue an Underground Utility District, and order the removal of
overhead facilities.
Robert E Eichblatt
City Engineer
ELLISER.DOC
-4- Attachment 3
17.64.010 — 17.64.010(b)
Chapter 17.64
UNDERGRQUNDING OF UTILITIES
(22-22-12/71, 2975-12/88)
i ns:
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.
f 17-64. 160 Director of building and 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. .
i 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
,I
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
str•uctures are prohibited as such area is described in a resolution
adapted pursuant to the provision of section 11.64. 110 of this chapter.
12/88
17.64.010(c)- 17.64.030(e)
(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 :
(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.
(2222-12/77 , 2382-7/79, 2975-12/88) .�
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.
(2222-12177)
12/88
i
17.64.040 - 17.64.080
17.64.040 Planning commission review. Prior to submitting reports to the
city council , the committee shall submit all undergrounding plans to the
pl.annin.g 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
j 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)
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)
12/88
17.64.090 - 17.64. 110
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. (2222-12/71)
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)
12188 .a.:.
17.64.120 - 17.64. 140
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)
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
j transmission of electric energ
y 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 .
f
(h) Temporary poles , overhead wires and associated overhead structures used
or to be used in conjunction with construction projects. (2222-12/77)
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
12/88
17.64. 140 - 17.64. 170
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 CAN 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)
1.7_.bAt_1Z4.._G_W_S_4l�.aG1L-=�AR13;�L�4• 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)
12/88
17 .64.180 — 17.64.200(C)
i
1Z,64,1.64.__..Aoti.ta t4._p.Ivgc[ty-owners and utility cQmpanies. 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. r2222-12177)
17=fi4_-2QQ___Responsi bi 1 i ty 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
i referred to in section 17 .64.190, and the termination facility on or
within said building or structure being served. If the above is not
accomplished by any person within the time provided for in the
resolution enacted pursuant to section 17.64. 110 hereof, the city
! engineer shall give notice in writing to the owner thereof as shown on
the last equalized assessment roll , to provide the required underground
facilities within thirty (30) days after receipt of such notice..
(b) The notice to provide the required underground facilities may be given
either by personal service or by mail . In case of service by mail on
either of such persons , the notice must be deposited in the United
States mail in a sealed envelope with postage prepaid, addressed to the
person in possession of such premises, and the notice must be addressed
to such owner' s last known address as the same appears on the last
equalized assessment roll , and when no address appears, to General
Delivery, city of Huntington Beach. If notice is given by_ mait , 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
12/88
17 .64.200(c) - 17 .64.210
(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 (18) 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)
]7. 1Q.���Osibilitx of city. City shall remove at its own expense all
city-owned equipment from all poles required to be removed hereunder in ample
12/88 ��
I .
I
17.64.210 - 17.64.220
r.
time to enable the owner or user of such poles to remove the same within the
-time specified in the resolution enacted pursuant to section 17.64.110
hereof. (2222-12/77)
17.6C 220 Extension of time. In the event that any act required by this
chapter or by a resolution adopted pursuant to section 17.64. 110 hereof cannot
be performed within the time provided because of shortage of materials, war,
restraint by public authorities, strikes, labor disturbances, civil
disobedience, or any other circumstances beyond the control of the actor, then
the time within which such act will be accomplished 'shall be extended for a
period equivalent to the time of such limitation. (2222-12/77)
12/88
r
RESOLUTION NO. 6576
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 ELLIS AVENUE
BETWEEN GOLDENWEST AND EDWARDS STREETS
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 Ellis Avenue between Goldenwest and Edwards
Streets(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 April, 4 1994 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
4\S\E11is Ave 1\12/14/93
Attachment 2
r ,
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 "Ellis Avenue 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 21stday of March , 1994
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk CAttorne it- W-a3.
REVIEWED AND APPROVED: INITIATED AND PROVED:
i Administra r erector of P blic Works
2
4ME11is Ave 1\12/14/93
Attachment 2
f
EXIBIT "A""
LEGAL DESCRIPTION
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 5 SOUTH, RANGE 11 WEST IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ELLIS AVENUE AND THE
CENTERLINE OF EDWARDS STREET, AS SHOWN ON TRACT 13269, PER MAP RECORDED IN
BOOK 649, PAGES 27 THROUGH 29 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY; THENCE SOUTH 0°49'40" EAST 50.00 FEET TO A POINT IN A LINE
PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE CENTERLINE OF ELLIS AVENUE, AS
SHOWN ON SAID TRACT 13269; THENCE NORTH 89°10'20" EAST 2639.91 FEET ALONG SAID
PARALLEL LINE TO A POINT IN THE CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON
SAID TRACT 13269; THENCE NORTH 0051'13" WEST 50.00 FEET ALONG SAID CENTERLINE OF .
GOLDENWEST STREET TO THE INTERSECTION OF SAID CENTERLINE OF ELLIS AVENUE AND
SAID CENTERLINE OF GOLDENWEST STREET, AS SHOWN ON SAID TRACT 13269; THENCE
CONTINUING NORTH 0°51'13" WEST 50.00 FEET TO A POINT IN A LINE PARALLEL WITH AND
50.00 FEET NORTHERLY OF SAID CENTERLINE OF ELLIS AVENUE; THENCE SOUTH 89110'20
WEST 2639.91 FEET ALONG SAID NORTHERLY PARALLEL LINE TO A POINT IN THE
CENTERLINE OF EDWARDS STREET AS SHOWN ON SAID TRACT 13269; THENCE SOUTH
0051'26" EAST 50.00 FEET ALONG SAID CENTERLINE OF EDWARDS STREET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART HEREOF.
Prepared by Bruce Crosby
Checked by Steve May
LEMR/ELLISLE2.1)OC
•J, LEGAL DESCRIPTION
ELLIS AVENUE
UNDERGROUND UTILITY DITRICT
HUh'rINGfON BEACH
Now
HUNTINGTON CENTRAL PARK
I I
q EDWARDS ST. GOLDENWEST ST.
S00*5126"E 50.00' N00'51'13"W 100.00'
� ELLIS AVE.
S89'10'20' W 2639.91'
P.O.B. N89'10'20"E 2639.91'
S00'49'40"E 50.00'
LEGEND:
A
UNDERGROUND UTILITY DISTRICT BOUNDARY
SCALE:- 1" = 400'
EXHIBIT " B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION .FOR
ELLIS AVENUE UNDERGROUND UTILITY DISTRICT
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ELLIEGAL
Res. No. 6576
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 21st day of March , 19 94 ,
by the following vote:
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, WInchell, Leipzig, Sullivan
NOES: . Councilmembers:
None
ABSENT: Councilmembers:
None
•
City Clerk and ex-off cio Clerk
of the City Council of the City
of Huntington Beach,California
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Connie Brockway,City Clerk
City of Huntington BeachD59
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