HomeMy WebLinkAboutUnderground Utility District 86-1 - Beach Blvd between Garfi RESOLUTION NO. 5690
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 REQUIRES 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 Beach boulevard between Warner apd Garfield
Avenues with the exception of the 66,000 volt : overhead wires and
poles crossing Beach Boulevard at Garfield and Slater Avenues .
_ - 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
September 2, 1986 at the hour of 7: 30 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
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
Paul E. Cook Public Works Department
Director (714) 536-5431
August 6, 1986
Subject: Underground Utility District #86-1 - Beach Boulevard
between Garfield & Warner
Dear Property Owner:
The Underground Utility Coordinating Committee of the City of
Huntington Beach is recommending to the City Council that an Underground
Utility District be formed on Beach Boulevard between Garfield Avenue
and Warner Avenue. A public hearing is set for September 2, 1986 at
7 : 30 p.m. , in the City Council Chambers of the Civic Center to consider
the pros and cons from the property owners who are affected. You are
hereby advised :of this hearing and a copy of Resolution 5690 is
attached as your formal notice of hearing.
The utility companies will remove all overhead wires and power poles
within the public right-of-way at their expense and also make the con-
nection to the private homes or buildings.
The conversion work is scheduled to start in approximately two years
and be completed by the end of 1990 .
Any questions you have relative to this proposed undergrounding of
overhead utilities may be answered -by contacting Ulrich Stenzel, City of
Huntington Beach, Public Works Department - 536-5431.
Very truly yours,
A^
Alicia M. Wentworth
City Clerk
AMW:US:dw
Attachment: Resolution No. 5690
LJ CITY OF HUNTINGTON BEACH
LOLJ 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 5, 1986
Subject: Underground Utility District Number 86-1
Beach Blvd. between Garfield and Warner
Dear Property Owners:
On September 2, 1986 the City Council of the City of Huntington Beach
adopted Resolution No. 5704 which establishes the subject Underground
Utility District.
We are estimating that construction on the conversion may start in
about two years.
You will need to make the hook-up at your electric meter and possibly
replace your present meter in compliance with S. 17.64.180 of the
Huntington Beach Municipal Code.
For your information, we are enclosing a copy of Resolution No. 5704
and S.17.64.180 of the Huntington Beach Municipal, Code.
W. CglazxV&& CX
Alicia M. Wentworth
City Clerk
AMW:US:bt
Enclosures
(Telephone:714-536-5227)
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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 Beach Boulevard between Garfield Avenue and
Warner Avenue dated July 18 , 1986, which is on file in the office
of the City Clerk 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 4th day
of August , 1986
4LIr.
Mayor
ATTEST: APPROVEb AS TO FORM:
t:
City C er 7-2� d City Attorney —7
REVIEWE ND. APPROVED: INITIATED AND APPROVED
Aistra Public
Works
Res. ..o: 5690"
STATE OF CALIFORNIA )
COLUM OF ORANGE ) s s -
CITY OF RUW INGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beath, 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 4th day
of • August 19 86 by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen: '•; '�
Finley
City Clerk and ex-officio Clerk
• of the City Council of the City
of Huntington Beach, California
: :i
Authorized to Publish Advertisements of all kinds including public
notices by Decree of the Superior Court of Orange County, r,1ti
California, Number A-6214, dated 29 September, 1961. and CO�� 1
A-2,831, dated 11 June. 1963.
STATE OF CALIFORNIA O \
County of Orange PubhC N011G! Advsrllsing covered •^'� /Gym/
by this antdavit is set in 7 point
to wan to pica column width ••��"""
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
PUBLIC NOTICE ; PUBLIC NOTICE PUBLIC NOTICE
Coast-.DAILY PILOT, with which Is combined the RESOLUTION NO.5890 overhead`at cturesandthe the City of Huntington Beach,
iY NEWS-PRESS, a newspaper of general circulation, A RESOLUTION OF ,THE 'underground installation. of Is seven;that the,foregoing
CITY COUNCIL OF THE wires and facilities for sup- resolution was passed and
printed and published In the City of Costa Mesa, CITY OF HUNTINGTON plying electric, communica- adopted by.the affirmative
BEACH CALLING A PUB- tion, or similar associated vote of more than a majority
County Of Qr Qe _$tale of California, and that a LIC HEARING TO DE- service In the district herein- of all the members of said
K E�CJ L-A
T I O N NO. 5690 TERMINE WHETHER PUB- above described. City Council at a •regular
Notice of LIC NECESSITY,HEALTH, SECTION 2.At such hear- meeting thereof held on the
iSAFETY OR WELFARE RE- Ing all persons Interested 4th day of August, 1986,by
GUIRES THE FORMATION shall be given an opportunity the following vote:
OF AN UNDERGROUND to be heard. Said hearing AYES: Councilmen: Kelly,
UTILITY.DISTRICT may be continued from time 6acAllister, Mandic, Bailey,
WHEREAS, Huntington to time as may be de- Green,Thomas
of which copy attached hereto is a true and complete Beach Municipal Code termined by the City Coun- NOES:Councilmen:None
P Chapter 17.64 establishing a CIL ABSENT:.Councilmen:
copy, was printed and published in the Costa Mesa, procedure for the creation of SECTION 3 . the City Finley
underground utility districts Clerk shall notlfy all affected Allcie M.Wentworth,City
Newport Beach, Huntington Beach, Fountain Valley, and requires, as the initial property owners as shown Clerk and ex-officlo Clerk
P 9 Y step, the holding of public on the last equalized of the City Council of the
Irvine, the South Coast communities and Laguna hearing w1ascertain whether assessment roll and utilities City of Huntington Beach,
g 'public necessity, health, concerned of the time and California
Beach issues of said newspaper for one ' time time 'safety or welfare requires place of such hearing*by Published Orange Coast
er .
P P the removal of poles, over- mailing a copy of this resol- Daily Pilot August 14, 1986
head wires and associated ution to such property own- Th015
consecutive weeks to wit the issue(s) of overhead structures and the ers and utilties concerned at
underground installation of least ten(10) days prior to
wires and facilities for sup- the date thereof.
plying electric communica- SECTION 4. The area
tion,or similar or associated proposed to be Included In
} August ' 1 4 service In any such district; the district Is shown on that ;
t7 198 6 and certain map entitled
It has been recommended "Underground utlllty=Dis=!
that such underground util- tract" located on Beach
ity district be formed to In- Boulevard between Garfield
98 elude property within the Avenue and Warner Avenue
1public right-of-way on Beach dated'July 18,1986,which Is
Boulevard between Warner on file in the office of the City
and Garfield,Avenues with Clerk-of the City of Hunt-
198 the exception of the 66,000 ington Beach.
volt overhead wires and PASSED AND ADOPTED
poles. crossing Beach by the City Council of the
Boulevard at Garfield and City of Huntington Beach at
t98 Slater Avenues. a regular meeting thereof
NOW, THEREFORE, the held on the 4th day of
City Council of the City of August,1986.
Huntington Beach does re- /s/Robert P.Mandic,Jr.,
19f solve as follows:_ Mayor
SECTION 1. NOTICE•IS ATTEST: /s/ Alicia M.
HEREBY GIVEN that a pub- Wentworth,City Clerk
lic hearing will be held by the STATE OF CALIFORNIA)
City Council of the City of COUNTY OF ORANGE)CITY
Huntington Beach on Sep- OF HUNTINGTON BEACH)
I declare, under penalty of perjury, that the temtier2,1986at the hour of as:
foregoing is true and correct. 7:30 p.m. the council I ; A L I C.1 A , M .
9 g Chambers of the Civic WENTWORTH, the duly
Center,or as soon thereafter elected,qualified City Clerk>
as the matter may be heard, of the City of Huntington
to ascertain whether the Beach; and ex-officlo Clerk,
August y 4 198 6 public necessity, health, of the City Council of said'
Executed on
+ safety or welfare requires City, do hereby certify that
eft`Cos a Mesa, Calif rnla. the removal'of poles, over- the whole number of.mem-
pead wires and associated.bars of the City Council of
ignature L
,� � PROOF OF PUBLICATION
REQUE%.# FOR CITY COUNCi.- ACTION
Date July 25, 1986
Submitted to: Honorable Mayor and City Council
a VED BY CITY UUNCI�
Submitted by: Charles W. Thompson, City Administra o A
Prepared by: Paul E. Cook, Director of Public Works
Subject: Resolution for Underground Utility DistiiC�" "' , CITY'CL4 L
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments:
Statement of Issue:
Need for resolution to establish Beach Boulevard Underground Utility
District.
Recommendation:
Adopt Resolution Number calling for hearing on A , in order
to establish Underground Utility District No. 86-1, Beach Boulevard
between Garfield and Warner Avenues.
Analysis :
The Underground Utilities Coordinating Committee is recommending the
establishment of an Underground Utilities District on Beach Boulevard
between Garfield and Warner Avenues . The work will involve the removal
of electrical and telephone overhead wires and poles and placing these
facilities underground. Completion of this work is scheduled for
December 31, 1990 .
Funding Source:
The Southern California Edison Company, the -General Telephone Company
and Rogers Cablesystems will pay for this work. There will be no
expenditures of City funds .
Alternative Action:
Choose other streets for underground utilities.
Attachments :
Resolution
CWT :PEC:US:dw
P10 4/84
ti I&A6
REQUEV'#- . FOR -CITY COUNC6 ACTION
Date August 7, 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administra
Prepared by: Paul E. Cook, Director Public Works
Subject: RESOLUTION FOR UNDERGROUND UTILITY DISTRICT
Consistent with Council Policy? [x] Yes [ ] New Policy or Exception 4�5
e2 y
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Need for resolution to establish Beach Boulevard Underground Utility District.
RDCOkOENDATION:
Adopt Resolution in order to establish Underground Utility District Number 86-1, Beach
Boulevard Underground Utility District.
ANALYSIS:
The Underground Utilities Coordinating Committee is recommending the establishment
of an Underground Utilities District on Beach Boulevard between Garfield Avenue and
Warner Avenue. The work will involve the removal of electrical and telephone overhead
wires and poles and placing these facilities underground. Completion of this work is
scheduled for December 31, 1990.
FUNDING SOURCE:
The Southern California Edison Company, the General Telephone Company and Rogers Cable-
systems will pay for this work. There will be no expenditures of City funds.
ALTERNATIVE ACTION:
Choose other area. for underground utilities.
ATTACHMENTS:
Resolution
PEC:US:'ik
PIO 4/84 --
RESOLUTION NO. 5704
A RESOLUTION OF THE CITY COUNCIL OF THE
-! CITY OF HUNTINGTON BEACH ESTABLISHING'
! UNDERGROUND UTILITY DISTRICT NO. 86-1
.a
WHEREAS, by Resolution No. 5690 , a public hearing was
called for September 2, 1986 at the hour of 7 : 30 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 the property
within the- public right-of-way on Beach Boulevard between Garfield
and Warner Avenues, and owners, as shown on the last equalized
assessment roll , 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 designated as Underground District No. 86-1, more
particularly described as follows:
The full 132 foot right-of-way width of Beach
Boulevard from the centerline of Garfield Avenue to
the centerline of Warner Avenue. Exempt shall be the
66,000 volt overhead wires and poles crossing Beach
Boulevard at Garfield and Slater Avenues.
1. . .
The above described area is hereby established as Underground
District No. 86-1:_.
= RESOLVED FURTHER 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.
RESOLVED FURTHER that all poles , overhead wires and
associated overhead structures shall be removed and underground
installations made in said underground utility district not later
than December 31, 1990 by all affected utility companies.
RESOLVED FURTHER that the City Clerk , within ten (10 ) days
after the adopteion of this resolution, shall mail a copy hereof
and a copy of the Huntington Beach Municipal Code Chapter 17 . 64 to
affected property owners , if any, as shown on the last equalized
assessment roll , and to the affected utilities. '
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 2nd day
of- September , 1986.
Mayor
ATTEST: APPROVE* FORM:
City Clerk r Attorney
:". REV .AND r
D: INITIAT D V
el
City A inistrator Director of Public Works
2,
` Res. 5704
y-a- STATE.OF CALIFORNIA )
COU iT OF ORAME
CITY OF SW I=OH BEACS )
.I., ALICIA M. WENTWOM, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-off.icio 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 2nd day
of ,PptPmhPr 19 RA by the following vote:
APES: Councilmen:
Kelly. MacAllister. Finley. Mandir- RailPy, GrPPn, Ihnmac
NOES: Councilmen:
None
ABSEh?: Counc i.lmen: •
None '
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
_i
e
� -
J�
�e.- �.. ate-•-�
1Ali
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 19; 1986
General Telephone Company
P. 0. Box 500
Long Beach, CA 9080.1-0500
Attn: Bernard E!. F?ancis
The City Council of the City of Huntington Beach at its regular
meeting held August 4, 1986, adopted Resolution No. 5690 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 7:30 p.m. ,
on September 2, 1986.
Enclosed is a certified copy of Resolution No. 5690 for your
information.
Alicia M. Wentworth
City Clerk
AMW:bt
Enc.
(Telephone:714 636-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 19, 1986
Southern California Edison Company
7333 Bolsa Avenue
Westminster, CA 92683
Attn: Ralph Coolidge
The City Council of- the City of Huntington Beach at its regular
meeting held August 4, .1986, adopted Resolution No. 5690 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 7:30 p.m. ,
on September 2, 1986.
Enclosed is a certified copy of Resolution No. 5690 for your
information.
Alicia M. Wentworth
City Clerk
AMW:bt
Enc.
(Telephone:714-536-5227)
.j,j Ole CITY OF HUNTINGTON BEACH
L"a" 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 20, 1986
Rogers Cablesystems
2124 Main Street, Suite 200
Huntington Beach, CA 92648
Attn: Mickey Miller.
The- City Council ff the City of Huntington Beach at its regular
meeting held August 4, 1986, adopted Resolution No. 5690 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 7:30 p.m. ,
on September 2, 1986.
Enclosed is a certified copy of Resolution No. 5690 for your
information.
Alicia M. Wentworth
City Clerk
AMW:bt
Enc.
Telephone:714-536-52Z7)
CITY OF HUN'T'INGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 4, 1986
General Telephone Company
P. 0. Box 500
Long Beach, CA 90801-0500
Attn: Bernard E. Francis
The City Coudcil 'of the City of Huntington Beach at its regular
meeting held September 2, 1986, adopted Resolution No. 5704
establishing Underground Utility District No. 86-1 in the City
of Huntington Beach.
Enclosed is a certified copy of Resolution No. 5704 for your
information.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
I Telephone:714-536-6227)
HN
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFOR•NIA 92648
.OFFICE OF THE CITY CLERK
September 4, 1986
Southern California Edison Co.
7333 Bolsa Avenue
Westminster, CA 92683
Attn: Ralph Coolidge
The City Courlcil .of the City of Huntington Beach at its 'regular
meeting held September 2, 1986, adopted Resolution No. 5704
establishing Underground Utility District No. 86-1 in the City
of Huntington Beach.
Enclosed is a certified copy of Resolution No. 5704 for your
information.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone:714-536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 4, 1986
Rogers Cablesystems
2124 Main Street, Suite 200
Huntington Beach, CA 92648
Attn: Mickey Miler
The City Council of the City of Huntington Beach at its regular
meeting held September 2, 1986, adopted Resolution No. 5704
establishing Underground Utility District No. 86-1 in the City
of Huntington Beach.
Enclosed is a certified copy of Resolution No. 5704 for your
information.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone:714-536-5227)
Ho. CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
Paul E. Cook Public Works Department
Director (714) 536-5431
August 6 , 1986
Subject: Underground Utility District #86-1 - Beach Boulevard
between Garfield & Warner
Dear Property Owner:
The Underground Utility Coordinating Committee of the City of
Huntington Beach is recommending to the City Council that an Underground
Utility District be formed on Beach Boulevard between Garfield . Avenue
and Warner Avenue. A public hearing is set for September 2 , 1986 at
7 : 30 p.m. , in the City Council Chambers of the Civic Center to consider
the pros and cons from the property owners who are affected. You are
hereby advised of this hearing and a copy of Resolution 5690 is
attached as your formal notice of hearing.
The utility companies will remove all overhead wires and power poles
within the public right-of-way at their expense and also make the con-
nection to the private homes or buildings .
The conversion work is scheduled to start in approximately two years
and be completed by the end of 1990 .
Any questions you have relative to this proposed undergrounding of
overhead utilities may be answered by contacting Ulrich Stenzel, City of
Huntington Beach, Public Works Department - 536-5431.
Very truly yours,
Alicia M. Wentworth
City Clerk
AMW:US:dw
Attachment: Resolution No. 5690
1
RESOLUTION NO. 5690
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 REQUIRES THE FORMATION OF AN UNDERGROUND
UTILITY DISTRICT
J
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 Beach boulevard between Warner cnd Garfield
Avenues with the exception of the 66, 000 volt' overhead wires and
poles crossing Beach Boulevard at Garfield and Slater Avenues .
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
September 2, 1986 at the hour of 7 : 30 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
1 .
1
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 Beach Boulevard between Garfield Avenue and
Warner Avenue dated July 18 , 1986, which is on file in the office
of the City Clerk 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 4th day
of August , 1986
Mayor
ATTEST: APPROVED AS TO FORM:
Ci City Attorney
REVIEWS ND APPROVED: INITIATED AND APPROVED
City -A i-stra1vDir ctor of Public Works
2 .
i M
• Res. No. 5690
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNfINGTON 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 4th day
of August 19 86 by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen: '
Finley
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 in this office.
Attest .
Attest �. 19
AUCIR M. WENTWpRTN
City Clerk and Ex-officio Clerk of the City
Council of the City of Huntington Beach,
Cal.
By Deputy
17. 64. 010
Chapter 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 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
i
i
517
i
i
17. 64 . 020--17. 64 . 030
otherwise, have the respective meanings herein set forth :
(a) "Coiron:i..,sion" shall mean the Public Util:i t i.e.^ Commi.ss:Lon
oI' tl-ie state of CM :L.fornia .
(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 ,
guys , 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) "Utility" 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 )
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 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 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 ;
518
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-
grounding 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 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 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
facilities 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. publi,c 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 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 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. 100
(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=
tain 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 nec-
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. 64 .150
(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-
head structures used or to be used in conjunction with con-
struction projects. (Ord. 2222, 7 Dec 77)
17.64. 140 Community antenna television service. Distri-
bution 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 spec-
ifications adopted by city council resolution. Said improve-
ments within the public right-of-way, upon completion, shall be
dedicated to the city of Huntington Beach. (Ord. 2222,
7 Dec 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 de-
termined to be in the best interest of the city so to do, based
522
=k
q 17. 64 .160--17. 64. 18o
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.. 160 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.
(f) 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)
1.7.64.170 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. 64. 200
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. 190 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 801 x 101,
in size, to be posted in a conspicuous place on said premises.
524
,. 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-
rrient 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
i
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)
526
Office of the City Clerk --- -
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City of Huntington Beach
P.O.BOX 190 CALIFORNIA 92648
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RETURN TO SENDER
MOVED LEFT NO ADDEiE_ss
Thomas H. Bernatz
17931 Beach Blvd. , Suite M
Huntington Beach, CA 92647
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