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HomeMy WebLinkAboutUnderground Utility District 88-1 - Between Gothard & 405 Fr `RECORDING REQUESTED BY* • Southern California Edison Company 88^ nr,B4 I WHEN RECORDED MAIL TO yU RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY.CALIFORNIA _*__:F Southern California Edison Company _14436 REAL PROPERTIES AND ADMINISTRATION $7.00 �z�'�PM SEP 27'88 P. 0. BOX 2217 C2 OUNT FULLERTON, CALIFORNIA 92633 ' Q c�9 cOADER �L JSv� RGWn(KR SPACE ABOVE THIS LINE FOR RECORDER'S USE RW4 REV 08/12 5643d "T" .-T.� — M�� CRAM Of EASEMENT " ORANGE COAST �6433-6266 _] 620tL____43 90 HUNTINGTON BEACH (Corporation) ne:Pr pet Y w*` APN 159-031-16 Department 1p 5/31131B THE CITY OF HUNTINGTON BEACH, a municipal corporation, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems and communication systems (hereinafter referred to as "systenlS"), consisting of poles, guys and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and/or equipment necessary or useFul For distributing electrical energy and for transmitting "intelligence o °o by electrical means, in, on, over, under, across and along that certain real property in the County of�' z n ORANGE,-State of California, described as follows: a a z z � I� 0 SCE THE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION. i a o � The Grantor agrees "for itself, its successors and assigns not to erect, place or maintain, nor to'•'r;-Im p permit the erection, placement or maintenance of any building, planter boxes, earth fill or otherl�i ' �z structures except walls and fences on the hereinabove described easement.area. I �n m Z p The Grantee and its contractors, agents and employees, shall have the right to trim or top such trees o X .and to cut such roots as may endanger or interfere with said systems and shall have free access to said o systems and every part thereof, at all times, for the purpose or exercising the rights herein granted; - o .provided, however, that in making any excavation on said properly of the Grantor, the Grantee shall make x m the same in such manner, as will cause the least injury to the surface of the ground around such < excavation, and shall replace the,earLh so removed by it and restore the surface of the ground to as near r the same condition as it was prior to such excavation as is practicable. m a Z EXECUTED this day of o D { " o z n THE CITY OF HUNTI GTON BEACH, a municipal AF;?ROV);)) ''AS TO FOWAn corporation GAIL HU^,TON t'::t:r Attorn By vl.yor By _ C �k . STATE OF CALIFORNIA ) ss. COUNTY OF 0RAaC,C ) On SeoHt..bc_z l�'195� beFore me, a Notary Public in and for said State, personally r appeared -J-e)(lu C!�'SKiUa> and Coti+."'.cam R,F:oclCwAy known to me (or proved to me' on the basis of satisfactory evidence) to be the __(4_ t_ and 0 l~Le.c� respectively, of the CITY OF IIUNTING10N BGACII, the municipal corporation that executed the within instrument and acknowledged to me that they executed the same on behalf of the municipal corporation. WITNESS my hand and official seal. OFFICIAL SEAL ��- ) "T BETTE BARILLA t��t Notary Public-Celiimnia ORANGE COUNTY My Comm.Exp.den.8,1990 ecs a-rs nsv o/sa 17.64.040--17. 64.060 (.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 com- mittee. A majority of the members of the committee, or their authorized representatives , present at any meeting shall consti- tute a .quorum. Said committee shall meet upon call of the chair- man. Members of the committee shall serve at the pleasure of the city council and without compensation. . (Ord. 2222 , 7 Dec 77 ) 17.64.040 Planning commission review. Prior to submitting reports to .the city council, the committee shall submit all under- groundirig 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. (Ord. 2222, 7 Dec 77) 17.64. 050 Under round ublic utilities facilities . All new publ c and private utility lines and distribution facilities , including but not limited to electric , communications, street lighting, and cable television lines , shall be installed under- ground, except that surface-mounted transformers, pedestal- mounted terminal boxes , meter cabinets , concealed ducts in an underground system and other equipment appurtenant to underground facilitfies need not be installed underground, and provided fur- ther 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 trans- mission lines located within the public right-of-way of an ar- terial highway as shown in the circulation element of the general plan. (Ord. 2222, 7 Dec 77) 17. 64. 060 Overhead installation. Installation of over- head utility lines is permitted for the following: (a) Relocation and/or the increase of the size of serv- ice on a lot nhen 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 abut- ting. property lines prior to February 15, 1967, and which are not separated by any alley or public right-of-way and no ad- ditional utility poles are required; 519 17. 64 .070--17. 64 . �j0 (c ) Temporary uses , including directional signs , tempo- rary stands , construction poles , water pumps , and similar uses; (d) Oil well services . (Ord. 2222, 7 Dec 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. (Ord. 2222, 7 Dec 77) 17. 64. 080 Underground trenches . All underground util- ity 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 . (Ord. 2222, 7 Dec 77) 17. 64. 090 Public _hearing by council. The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles , overhead wires and associated overhead structures with- in 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 con- tdin an estimate of the time required to complete such under- ground 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. (Ord. . 2222, 7 Dec 77) 17 .64. 100 Council may designate underground utility dis- tricts by resolution. If, after any such public hearing the council finds that the public necessity, health, safety or wel- fare 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 520 17. 64.110--17. 64.130 council, declare such designated area an underground utility dis- trict 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 equip- ment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 2222, 7 Dec 77 ) 17.64. 110 Unlawful to erect or maintain overhead util- ities within district . Whenever the council creates .an under- ground utility district and orders the removal of poles , over- head 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 over- head structures in the district after the date when said over- head 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 per- formance by such owner or occupant of the underground work nee- essary 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. (Ord. 2222, 7 Dec 77) 17. 64.120 Exceptions--Emergency or unusual circumstance declared exception. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten (10) days without authority 'of the council in order to provide emergency service. In such case , the director of public works shall be notified in writing prior to the installation of the facilities. The council may grant special permission on such terms as the council may deem appro- priate 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 . (Ord. 2222, 7 Dec 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 under- ground utilities district: 521 17. 64. 140--17. 61 50 (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 perim- eter 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 struc- tures 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 struc- tures, 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 over- he&d @truetures used or to be used in conj unction with @06- Wuctign Br-QJ@@ts . (Ord, 2222, 7 Hee 77) 17, 649140 Community antenna @@ryie@, Distri= butia_i Ines and ndi3ual service�_ne@ _@r @gmunity antenna television (CA'IV) service shall be install@d undergr@u-nd in all new developments within the city, All n@w CATV instaliatigns in said new developments shall be made in . a@cgrdan@@ with sp@c= fieatiens adopted by city council resolution, Said improve m@nts within the public right�of-way, up@n ggmpletien� shall be d@dictated to the city of Huntington Beach, (Ord, 2222. 7 D@P 77) 17, 64. 150 Director of public wor-ksm°Authority of, Th@ direo @r o _ public worms^-shall have the authority o waive t3�e r@quir@m@nts of section 17. 64 . 140 with r@sp@et to imprgy€rxents within th@ public right--of-way when, in his 4udgm@nt , it is d@a termined to be in the best interest of the city sg t© do; based 522 .64 .160--17. 64.18o 6 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. -,- (Ord. 2222, 7 Dec 77) 17.64. 16.0 Director of building and community development-- Authority of. The director of building and 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 deter- mined to be in the best interest of the city so to do, based upon the following criteria: (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 in" volved. M The interface of the new development to the existing development on the site. (g) The interface to similar facilities required off site. (Ord. 2222, 7 Dec 77) 17.64. 170 City council--Appeal to. Any landowner or developer affected may appeal the determination of the director of public works or the director of building and community de- velopment to the city council. (Ord. 2222, 7 Dec 77) 17.64. 180 Notice to property owners and utility companies. Within ten 10 days after the effective date of a resolution adopted pursuant to section 17. 64. 110 hereof, the -city clerk 523 17. 64. 190--17. 6 100 e shall notify all affected utilities and all persons owning real property within the district created by said resolution, of the adoption thereof. Said city clerk shall further notify such af- fected property owners of the necessity that if they or any per- son occupying such property desire to continue. to receive -elec- tric, 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. (Ord. 2222, 7 Dec 77) 17. 64. 1.90 Responsibility of utility companies . If under- ground 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 por- tion of the conduits, conductors and associated equipment re- quired to be furnished by it under its applicable rules, regula- tions and tariffs on file with the commission. (Ord. .' 2222, 7 Dec 77) 17. 64. 200 Responsibility of property owners. (a) Every person owning, operating, leasing, occupying or renting a build- ing 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 termina- tion 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 sec- tion 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 fa- cilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the no- tice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in .pos- session 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 . 524 Grant of Easement wurk Order No. 6433-6.166; 3-6204 Page 1-XIIIHII "A" A strip of land 4 feel in width lying within a purtimi of the Southeast quarter of the Northeast quarter of Section 35, lownship 5 South, Range II, West, San Ber•oardiwr Rase and Meridian: ]he centerline of said strip being described as folluws: COMMLNCING at the southwesterly currier of Varcel 2, as per map filed in Book 16, page 4 of Var•cel Malys of said County; thence South 0°39'40" West, 85 feet; thence Nurth 89°18'38" Fast 206.01 feet; thence South 'l8°50'52" West, 3 feet to the 1RUE VO1N1 01 111GINNINC; thence Nurth 61`09'08" West, 2 feel. LXCLVIING 111LRIA-ROM any portion lying within the following described land: That portion of the Southeast quarter of the Northeast quarter of Section 35, Township 5 South, Range 11 West Rancho Los Bolsas, City of Huntingtun Beach, as shown on a imp thereof recorded in Book 51, page 13, Miscellaneous Maps, Records of said Orange County, described as fulluws: BEGINNING at the northwest turner of land described in the Deed to the city of Huntington Beach recurded August 4, 19b5, in Book 1618, page 581, Official Records; thence North 89°19'00" East 206.01 feet along the Nurth line of said land to the beginning of the concave curve northwesterly having a radius of 30 feet; thence northeasterly 23.55 feet along said curve through a central angle of 44°58'46" to a point of tangency with the northwesterly line of the land described in the Deed to State of California, recorded May 20, 1953, in Book 2505, page 514, of Official Records; thence North 44°20'14" East 55.81 feet Lu an angle point on Said northwesterly line; thence North 28°51'14" Last 45.52 feet to the North line of the South 125 feet of said Southeast quarter; thence South 89"19'00" West 281.57 feet along said Nurth line to the West line of the East 348.48 feet of said Southeast quarter; thence South 0°39'40" Last 85 feet to the VoioL of Beginning. 5843d-2:nrr I RESOLUTION NO. 5899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF - HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 88-1 AND REPEALING RESOLUTION NO. 5827 WHEREAS, by Resolution No. 58$7 , a public hearing was called for July 5, 1988 , 1988 at the hour of 7 :30 p.m. , - - T 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 the property within the public right-of-way on Edinger Avenue between Gothard Street and Beach Boulevard and on Beach Boulpvard between Edinger Avenue and Holt Avenue and utilities concerned in the manner and for the time required by law; and The' Council finds that the area established by Resolution No. 5827 should be expanded to the area as stated below; and Such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; and 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 i supplying electric, communication, or similar or associated service within that area designated as Underground District - 1 - • a t y Ir No. 88-1, more particularly described as follows : The full 100 to 110 feet right-of-way width of Edinger Avenue from the centerline of Gothard Street to the centerline of Beach Boulevard and a 25 foot wide strip north and south of the southerly right-of-way line of Edinger Avenue and the San Diego Freeway on-ramp extending from the centerline to 450 feet east of the centerline of Beach Boulevard and the full 132 feet right-of-way width of Beach Boulevard between the centerline of Holt Avenue and 150 feet north of the centerline of Edinger Avenue . The above described area is hereby established as Underground District No . 88-1 . FURTHER RESOLVED that the City Council of the City of Huntington Beach finds that : ( a) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; and (b) Said street is extensively used by the general public and carries a heavy volume of pedestrian and vehicular traffic . FURTHER RESOLVED that all poles, overhead wires and associated overhead structures shall be removed and underground installations made in said underground utility district not later than June 30, 1991 by all affected utility companies . FURTHER RESOLVED that Resolution No. 5827 and all other resolutions in conflict herewith are hereby repealed . 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 F the last equalized assessment roll , and to the affected utilities . 2 - e PASSED AND ADOPTED by the City Council of the City of 6 Huntington Beach at a regular meeting thereof held on the 5th day of July , 1988 . Mayor C� ATTEST: APPROVED AS TO FORM: I V � 1 City Clerk C orn,by REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be 3 - CIRCULATION PLAN OF ARTERIAL wrr m• - - STREETS AND HIGHWAYS 1 I RESOWTION NO 43U-MC R.1976 LEGEND Q - FREEWAY STREET CAPACITY MAJOR 45000 PRIMARY M000 SECOIDART 206000 NOTE: WID LMS OMS-1 [LIfTOC A4+' 0/M• \ i 7 NOT KC(t7tlIL. 44164T► FAW d YT / 1 � L A [&! .•t�l o ale ar i� TA r► 1 1 i • Tr CITY OF �y HUNTINGTON BEACH ORANV COUNTY CA61FORNIA � ,C ump arlury o1srRIer Res. No. 5899 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 5 th day of July 19 88 by the following vote: AYES: Councilmen: Kelly, Green, Finley. Mays. Winchell . RannistPr NOES: Councilmen: None ABSENT: Councilmen: Erskine /.0Z City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 17 . 64. 010 'hapter 17. 64 UNDLRGROUNDING OF UTILITIES Sections: 17. 64.010 Definitions. 17. 64.020 Underground utilities coordinating committee established. 17. 64. 030 Duties. 17. 64. 040 Planning commission review. 17.64. 050 Underground public utilities facilities. 17. 64. 060 Overhead installation. 17. 64. 070 Conversion of overhead facilities. 17. 64. 080 0 nderg round 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 inaintain 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. 1-7. 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 517 17. 64 . 020--17 . 64 . 030 otherwise , have the respective meanings herein set forth : 0.) "Cr)mmi..,siori" shall mean the Public Util.i-t_i_es Commission of Lhe state or Cal_Ifornia . (b ) "Underground utility district" or "district" shall mean that area in the city within which poles , overhead wires and as- sociated overhead structures are prohibited as such area is de- scribed in a resolution adopted pursuant to the provision of section 17. 64 . 110 of this chapter. (c ) "Poles , overhead wires and associated overhead struc- tures" shall mean poles , towers , supports , wires , conductors , gays , stubs, platforms , crossarms , braces, transformers, insu- lators , cutouts , switches , communication circuits , appliances , attachments and appurtenances located aboveground within a dis- trict and used, or useful , in supplying electric , communication or similar or associated service. (d) "Util_i_t,y" shall. include all persons or entities sup- plying electric , communication or similar or associated service by means of electrical materials or devices . (Ord. 2222, 7 Dec 77 ) 17664 . 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 development services ; (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. (Ord. 2382, 18 Jul 79 ; Ord. 2222 , 7 Dec 77 ) 17 . 64. 030 Duties . It shall be the duty of the committee to advise the city council with respect to all technical as- pects of the und.ergrounding 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 ; 518 17. 64.200 (c) The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such no- tice, 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 com- munications services are being furnished thereto, the city. engi- neer. shall in lieu of providing the required undergrounding fa- cilities , have the authority to order the disconnection and re- moval 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 premi- ses, which said time shall not be less than ten (10) days there- after. - (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 assess- ment shall become a lien upon the property against which the assess- ment is made by the city engineer, and the city engineer is di- rected to turn over to the assessor and tax collector a notice 525 17. 64 . 210--17 . 64 . 220 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. (Ord. 2222, 7 Dec 77 ) 17 .64. 210 Responsibility of city. City shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to section 17-. 64 .110 hereof. (Ord. 2222, - 7 Dec 77 ) 17. 64. 220 Extension of time . In the event that any act . re- quired by this chapter or by a resolution adopted pursuant to sec- tion 17. 64. 110 hereof cannot be performed within the time provided because . of shortage of materials, war, restraint by public au- thorities , 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. (Ord. 2222, 7 Dec 77 ) J 526 ;,"MeCITY OF HUNTINGTON BEACH y 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE.CITY CLERK September 16, 1988 Southern California Edison Co. Real Properties & Admistration P. 0. Box 2217 Fullerton, CA 92633 Attn: Glenn A. Larson The City Council of the City of Huntington Beach at the regular meeting held Monday, September 6, 1988 approved the granting of an easement to Southern California Edison Company. Enclosed is a deed which has been executed by the City. After recording of the deed, please return a copy to our office. Connie Brockway City Clerk CB:bt Enc. (Telephone: 714-536.5227) REQUE-v f FOR CITY COUNC@ ACTION Date Submitted to: Honorable Mayor and City Council p, Pp ROVER By czTY cou�czz. Submitted by: Paul E. Cook, City Administrator � Prepared by: Louis F. Sandoval, Director of Public Works 4m;0e CITY CLF'1 {' Subject: BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT NUMBER 88-1 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: In connection with the undergrounding of utilities on Beach Boulevard the need for an easement for the Edison Company arose. RECOMMENDATION: Approve the granting of an easement to the Southern California Edison Company per the attached exhibits. Authorize the recording of the Corporation Easement Deed. ANALYSIS: The Beach Boulevard Underground Utility District was established in 1986 by Resolution Number 5704. During the design of the underground facilities the need for an easement arose which is located on City property on the north side of Main Street and approximately 170 feet west of Beach Boulevard. FUNDING SOURCE: No cost involved. ALTERNATIVE ACTION: Deny the granting of the easement. ATTACHMENTS: Grant of easement. PEC:LFS:US:dw 1747g/II / I PIO 5/85 i. CITY OF HUNTINGT N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 7, 1988 Southern California Edison Company 7333 Bolsa Avenue Westminster, CA 92683 Attn: Mike Martin/Ralph Coolidge The City Council of the City of Huntington Beach at its regular meeting held July 5, 1988, adopted Resolution 5899 establishing Underground Utility District 88-1 . Enclosed is a certified copy of said resolution for your records. Alicia M. Wentworth City Clerk AMW:bt , Enc. (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 8, 1988 General Telephone Company 6774 Westminster Avenue Westminster, CA 92683 Attn: Darywl Bowden The City Council of the City of Huntington Beach at the regular meeting held July 5, 1988, adopted Resolution 5899 establishing Underground Utility District 88-1 . Enclosed is a certified copy of said resolution for your records. Alicia M. Wentworth City Clerk AMW:bt ` Enc. (Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALI FOR N[A 92648 OFFICE OF THE CITY CLERK July 8, 1988 Huntington Executive Park 16168 Beach Blvd. , Suite 200 Huntington Beach, CA 92647 The City Council of the City of Huntington Beach at its regular meeting held July 5, 1988, adopted Resolution 5899 establishing Underground Utility District 88-1 . Enclosed is a certified copy of said resolution for your records. Alicia M. Wentworth City Clerk AMW:bt Enc. I Tele phone:714-5313.5227) REQUEST FOR CITY COUNCIL" ACTION Date June 24, 1988 Submitted to: Honorable Mayor and City Council D BY CITY AYYbtOVE Submitted by: Paul E. Cook, City Administrator •� ' Prepared by: Les G. Evans, Acting Director of Public Works y _ -- CITY . _— Subject: Edinger Avenue Underground Utility District - Project Limit Inger Ave. Between Gothard St. and 450' East of Beach Blvd. and Beach Blvd. Between Holt Ave. and 150' North of Edinger Ave. _ Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: 2 Statement of Issue: It is recommended that the Edinger Avenue Underground Utility District be enlarqed to include the removal of four additional utility poles. Recommendation: qq Adopt Resolution Numbe�F ` which establishes Underground Utility District No. 88-1. Analysis: On December 7, 1987, City Council adopted Resolution No. 5827, thereby establishing Underground Utility District No. 88-1. After further study and deliberation, it appears desireable to extend the district in order to remove additional poles near the intersection of Beach Blvd. and Edinger. Ave. Funding Source: The preliminary cost estimate is $2,000,000 for the entire project. Appropriations for this project have not been made. Funding will be available from tax increment funds that would come from the Huntington Center Commercial District Redevelopment Project during the next two years. Alternative Actions: Deny approval of the revision. Attachments: Resolution No. 5897 PEC:LGE:US:dw 1539g Plo 5/85 REQUEST FOR CITY COUNCIL ACTION Date Y CITY COUNCIL Submitted to: Honorable Mayor and City Council �y 1� Submitted by: Paul E. Cook, City Administratoor-; � -- Prepared by: Les G. Evans, Acting Director of Public Works CITY C K Subject: Edinger Avenue Underground Utility District - Project Limits: Edinger Ave. Between Gothard St. and 450' East of Beach Blvd. and Beach Blvd. Between Holt Ave. and 150' North of Edinger -Ave. Consistent with Council Policy? [XI Yes [ ] New Policy or Exception �es- Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: It is recommended that the Edinger Avenue Underground Utility District be enlarged to include the removal of four additional utility poles; Recommendation: Adopt Resolution calling a public hearing. Analysis: On December 7, 1987, City Council adopted Resolution No. 5827, thereby establishing Underground Utility District No. 88-1. After further study and deliberation, it appears desireable to extend the district in order to remove additional poles near the intersection of Beach Blvd. and Edinger. Ave. Funding Source: The preliminary cost estimate is $2,000,000 for the entire project. Appropriations for this project have not been made. Funding will be available from tax increment funds that would come from the Huntington Center Commercial District Redevelopment Project during the next two years. Alternative Actions: Deny approval of the revision. Attachments: Revised Resolution No. 5827 and Resolution calling for public hearing. Location Map PEC:LGE:US:dw 1539g PI 0 5/85 AMIkO `"TS CIRCULATION PLAN OF ARTERIAL w rMr u• ' STREETS AND HIGHWAYS ADOPTED 8r CITY OOUN0. RESOLOYM NO 4YA-DEC.2.1976 LEGEND: — FREEWAY STREET CAPACITY MAJOR 45A00 PRIMARY 3Q000 Low. SECOPD&RIr 20000 NOTE SOLID LMS Itima•s tRisToo gONT or T•a, NOT •RC•SSaRU KTtlATL RIONT M WAY -- o K or� Rt aal bKRt MO ROiT 1 . _r r• �I•,� f rr i I J• i / © ---- CITY OF � '�. HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA ED/NGER 4YE: &NACR6Ab*0Z1ND UT/L/Ty Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A-6214. dated 29 September. 1961. and A-24831. dated I June. 1963. " jPUBLIC NOTICE PUBLIC NOTICE STATE OF CALIFORNIA PUBLIC ution to such property own- . HEARING- ers and utilities concerned UNDERGROUND at least ten(10)days prior to County of Orange PubtK Notice Ad.MLl,na coVe.ed UTILITY the date thereof." by this sthdwtt is ,et in r pant DISTRICT SECTION 4. The area with'to pica column width RESOLUTION proposed to be included in NO.5887 the district is shown on that A RESOLUTION OF THE certain map entitled CITY COUNCIL OF THE "Underground Utility Dis- I am a Citizen Of the United States and a resident of CITY OF HUNTINGTON trict"located on Edinger Av- BEACH CALLING A PUBLIC enue between Gothard the Count aforesaid: I am over the age of eighteen HEARING TO DETERMINE Street and-450 feet east of y oresag g WHETHER P U B L I C Beach 'Boulevard and on ears, and not a aft t0 Of interested in the below NECESSITY, HEALTH, Beach Boulevard between y party SAFETY OR WELFARE RE- 150 feet north of Edinger Av- entitled matter. I am a principal clerk Of the Orange OFIRANTHE UNDER ROUND datedanSeptember,Holt 198, Coast DAILY PILOT, with which is combined the UTILITY DISTRICT. twhich ity jerk ntthehe City of WHEREAS, Huntington the City Clerk of the City of Beach Municipal Code Huntington Beach. NEWS-PRESS, a newspaper of general circulation, Chapter 17.64 establishing a PASSED AND ADOPTED procedure for the creation of by the City Council of.the printed and published in the City Of Costa Mesa, underground utility districts City of Huntington Beach at and requires, as the initial a regular meeting.-thereof County of Orange, State of California, and that a step, the holding of public held on the 20th day of June, es 1 . 5887 hearing to ascertain whether 1988• R Notice of public necessity, health, JOHN ERSKINE,MAYORM1 safety' or welfare requires ATTEST: ALICIA M. the removal of poles, over- WENTWORTH, CITY head wires and associated CLERK overhead structures and the STATE OF CALIFORNIA, underground installation of COUNTY OF ORANGE, Of which copy attached hereto is a true and complete wires and facilities for sup- CITY OF HUNTINGTON ,. plying electric communica- BEACH copy, was printed and published in the Costa Mesa, tion,or similar or associated I , A L I C I A M . ` I service in any such district; WENTWORTH, the duly Newport Beach, Huntington Beach, Fountain Valley, and elected, qualified City Clerk It has been recommended of the City of Huntington Irvine, the South Coast communities and Laguna that such underground util- Beach, and ex-officio Clerk Ity district be formed to in- of the City Council of said Beach issues of said newspaper for two 2 clude property within the City, do hereby certify that public right-of-way on Ed- the whole number of mem- finger Avenue between bers ofithe City Council of consecutive weeks to wit the issue(s) of Gothard Street'and Beach the City of Huntington Beach Boulevard and on Beach is seven; that the foregoing; Boulevard between Edinger resolution was passed and Avenue and Holt Avenue. adopted by the:affirmative NOW, THEREFORE, the vote of more than a majority City Council of the City of of all the members of said dune 2 4 1988 Huntington of does re- City Council at a regular solve as follows: meeting thereof held on the SECTION 1. NOTICE IS 20th day of June, 1988, by HEREBY GIVEN that a pub- the following vote: July 1 1988 IiC hearing will be held by the AYES:Councilmen: Kelly, City Council of the City of Green, Finley, Erskine, Huntington Beach on July 5, Mays,Winchell,Bannister 1988 at the hour of 7:30 p.m. NOES:Councilmen:None 198 in the Council Chambers of ABSENT: Councilmen: the Civic Center,or as soon None thereafter as the matter may ALICIA M.WENTWORTH, be heard, to ascertain City Clerk and ex-officlo 198 whether the public necess- Clerk of the City Council of, lty,'health,safety or welfare the City Council of the City' requires the removal of of Huntington Beach,Call- .poles, overhead wires and fornia 198 associated overhead strut- Published Orange Coast tures and.the underground Daily Pilot June 24, July 1, Installation of wires and fa- 1988 cilities for supplying electric, F456 communication, or similar associated service in the dis- I declare, under penalty of perjury, that the trict herelnabove described. is true and correct. SECTION 2.At SUCK hear- foregoing Ing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time Executed on July 1 1988 to%time as may be de- termined by the City Coun- at Costa Mesa, Callfor la. cil lSECTION -3. The City Clerk shall notify all affected property owners as shown on the jast :equallzed atUfe assessment roll and utilities g concerned of the time and _CT Lq place of such hearing by mailing a copy of this resol- 4 p_ ' PROOF.OF PUBLICATION RESOLUTION NO. 5887 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. WHEREAS, Huntington Beach Municipal Code Chapter 17 .64 establishing 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 underground utility district be formed to include property within the public right-of-way on Edinger Avenue between Gothard Street and Beach Boulevard and on Beach Boulevard between Edinger Avenue and Holt Avenue. 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 July 5 , 1988 at the hour of 7 : `0 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 _ 1 _ 5887 :a 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 district hereinabove described . SECTION 2 . At such hearing all persons interested shall be given an opportunity to be heard . Said hearing may be continued from time to time as may be determined by the City Council . SECTION 3 . The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least ten ( 10 ) days prior to the date thereof . SECTION 4 . The area proposed to be included in the district is shown on that certain map entitled "Underground Utility District" located on Edinger Avenue between Gothard Street and 450 feet east of Beach Boulevard and on Beach Boulevard between 150 feet north of Edinger Avenue and Holt Avenue . and dated September , 1987 , which is on file in the office of the City Clerk of the City of Huntington Beach . PAGE END 5887 2 - PASSED AND ADOPTED by the City Council of the City of t Huntington Beach at a regular meeting thereof held on e .3 the 20th day of June r- , 1988 . M VEDATTEST: APAS TO FORM: City Clerk Ci y Atto ney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be 3 _ 5887 Res. No. 5887 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) se: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the loth day of June 19 88 by the following vote: AYES: Councilmen: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister t NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of. the City .of Huntington Beach, California The foregoing instrument is a correct COPY of the original on file i this office: Attest al 1990 ALICIA M. WENTWORT[i City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, Caliifornia. - = BY-Z, 2�, _..._..Deputy 5887 CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 22, 1988 Huntington Executive Park 16168 Beach Boulevard, Suite 200 Huntington Beach, CA 92647 The City Council of the City of Huntington Beach at the regular meeting held June 20, 1988 adopted Resolution 5887 calling a public hearing to determine whether public necessity, health and safety or welfare requires the formation of an underground utility district. The public hearing will be held at 7:00 p.m. , on Tuesday, July 5, 1988. Enclosed is a certified copy of Resolution No. 5887 for your information. Alicia M. Wentworth City Clerk AMW:bt Enc. (Telephone:714-53&6227) CITY OF HUNTINGTON BEACH -02 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 22, 1988 Southern California Edison Co. 7333 Bolsa Avenue Westminster, CA 92683 Attn: Mike Martin/Ralph Coolidge The City Council of the City of Huntington Beach at the regular meeting held June 20, 1988 adopted Resolution No. 5887 calling a public hearing to determine whether public necessity, health and safety or welfare requires the formation of an underground utility district. The public hearing will be held at 7:00 p.m. , on Tuesday, July 5, 1988. Enclosed is a certified copy of Resolution No. 5887 for your information. 2,� 4,�- Alicia M. Wentworth City Clerk AMW:bt Enc. (Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 22, 1988 General Telephone Company 6774 Westminster Avenue Westminster, CA 92683 Attn: Darywl Bowden The City Council of the City of Huntington Beach at the regular meeting held June 20, 1988 adopted Resolution No. 5887 calling a public hearing to determine whether public necessity, health and safety or welfare requires the formation of an underground utility district. The public hearing will be held at 7:00 p.m. , on Tuesday, July .5, 1988. Enclosed is a certified copy of Resolution No. 5887 for your information. Alicia M. Wentworth City Clerk AMW:bt Enc. (Telephone:714536-5227)