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Home My WebLink AboutUNDERGROUND UTILITY DISTRICT 88-2 Olive Ave/Main Street E F R CITY COUNC� ACTION REQU � O , Date Submitted to: Honorable Mayor and City Council V G Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director of Public Works �4 Subject: Underground Utility District 88-2. Project Limits: Olive Avenue, n Street, Walnut Avenue and Fifth Street - Call for Public Hearing Consistent with Council Policy? (X] Yes ( ] New Policy or Exception e5 �� Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: 2 Statement of Issue: .It is recommended that Underground Utility District 88-2 be created. Recommendation: Adopt Resolution calling a public hearing. Analysis: The redevelopment, rehabilitation and beautification of the Downtown area makes the removal of overhead wires and power poles and the underground installation of these facilities desirable. The second block alley will be improved and utilities undergrounded at the same time. Funding Source: The preliminary cost estimate is $100,000.00. Funding will be available from Community Development Block GrantFunds. Alternative Actions: Not establish Underground Utility District 88-2. Attachments: 1. Resolution calling for public hearing. 2. Location Map PEC:LGE:US:dw 1692g/31 PIO 5/85 REQUT FOR CITY COUNCIL ACTION Date July 26, 1988 Submitted to: Honorable Mayor and City Council aY% >J I►) Submitted by: Paul E. Cook, City Administrator V.C . °p.m Prepared by: Les G. Evans, Acting Director of Public Works Subject: Underground Utility District 88-2. Project Limits: Olive Avenue, Main Street, Walnut Avenue and Fifth Street - Call for Public Hearing Consistent with Council Policy? N Yes [ ] New.Policy or Exception / 'P's Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: Statement of Issue: It is recommended that Underground Utility District 88-2 be created. Recommendation: Open public hearing and continue open until August 15, 1988 in order to allow sufficient time for notifications of property owners and utility companies. Analysis: The redevelopment, rehabilitation and beautification of the Downtown area makes the removal of overhead wires and power poles and the underground installation of these facilities desirable. The second block alley will be improved and utilities undergrounded at the same time. Funding Source: The preliminary cost estimate is $100,000.00. Funding will be available from Community Development Block GrantFunds. Alternative Actions: Not establish Underground Utility District 88-2. Attachments: 1. Resolution calling for public hearing. 2. Location Map PEC:LGE:US:dw 1692g/31 1L� PIO 5/85 RE UESAOR CITY COUNCIL/O /I j`CJTION (:/:;D5 Date July 19, 1988 Submitted to: Honorable Mayor and City Council APPROVED By CITY CO.UNCII. Submitted by: Paul E. Cook, City Administrator 19 Prepared by: Les G. Evans, Acting Director of Public Works CITY CL Subject: Underground Utility District 88-2. Project Limits: Olive Avenue, a n Street, Walnut Avenue and Fifth Street Consistent with Council Policy? Yes [ ] New Policy or Exception pe-S Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: Statement of Issue: It is recommended that Underground Utility District 88-2 be created. Recommendation: Adopt Resolution establishing Underground Utility District No. 88-2. Analysis: Or July 18, 1988, the City Council adopted.Resolution of Intent Number 5-90 1 which sets a public hearing for this date to establish Underground Utility District 88-2. The redevelopment, rehabilitation and beautification of the Downtown area makes the removal of overhead wires and power poles and the underground installation of these facilities desirable. The second block alley will be improved and utilities undergrounded at the same time. Funding Source: The preliminary cost estimate is $100,000.00. Funding will be available from Community Development Block GrantF unds. Alternative Actions: Not establish Underground Utility District 88-2. Attachments: 1. Resolution establishing Underground Utility District 88-2.. 2. Location Map PEC:LGE:US:dw 1692g/30 PI O 5/85 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 16, 1988 Pauline M. Cooper 024-147-23 213 Main Street Huntington Beach, CA 92648 Re: Underground Utility District 88-2 Dear Property Owner: The City Council of the City of Huntington Beach at its regular meeting held August 15, 1988 adopted Res. No. 5906 establishing Underground Utility District No. 88-2. Enclosed is a certified copy of said resolution along with a copy of Huntington Beach Municipal Code Chapter 17.64. Connie Brockway City Clerk CB:pm Enclosures (Telephone:714536-5227 , r RESOLUTION NO. 5906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 88-2 WHEREAS, by Resolution No. 5901 , a public hearing was called for August 1 Gr , 1988 at the hour of 7 :00 p.m. , or as soon thereafter as the matter could be heard, in the Council Chambers of the Civic Center , to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires - and associated overhead structures and the underground installation of wires and facilities for supplying electric,- - communication, or similar or associated service to the - area bounded by the southerly right-of-wayright-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street 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; 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 supplying electric, communication, or similar or associated service within that area designated as Underground District No. 88-2, more particularly described as follows : The area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut -- Avenue and Fifth Street . -The above described area is hereby established as Underground District No. 88-2 . 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 - 1 - sr ' (b ) Said streets and alley are extensively used by the general public and carry 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 December 31 , 1989 by all affected utility companies. FURTHER RESOLVED that the City, Clerk, within ten ( 10 ) days after the adoption of this resolution, shall mail a copy hereof and a copy of the Huntington Beach Municipal Code -Chapter 17 .64 to affected property owners, if any, as shown on the last equalized assessment roll, and to the affected utilities . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of August , 1988 . M yor ATTEST: APPROVED AS TO FORM: City Clerk City At.torn y �6- - REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be - 2 - C/NDERG VZ1.oVQ !/T/L 1rYdOArrR1CT e8-2 SHALL AF RM130, ED 8Y TJVE SO&,rWERL y .4WD 771F CENTERLINES OF M.4/N STREET A#*,4L Nv7' r Vh'.*VUE AND FIA'T1/ .STREET. OL/YE ,drE Ir NJI • ,t a :. f a I i�/ALNvT .�/YE C/T y �/r/y/�/NT/N�TIN tt.�c,v JvNE I988 r�eEi•+�Eo �y oerr, a�Aiet/r WO e&.r RESOLUTION NO. 5901 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 area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street . 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 August 1 , 1988 at the hour of 7 :00 p.m. in the Council Chambers of the Civic Center, or as soon thereafter as the matter may be heard, to ascertain whether the public necessity, health, safety or welfare requires the removal of poles , overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the 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 maybe determined by the City Council . = 1 - rr , • ' 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 88-2" bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street - dated June, 1988 ,- 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 18th day of July 1988 M yor ATTEST: AP OVED AS TO FORM: • City Clerk it Attort�ey ��--Z- - z -I-9 bz�cl IEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be 2 - VA/DER45WOZIMO C/T/L/Ty QA3rrR1CT 88-2 SHALL AE QO!//VOED 8Y T;YE SovT/s/ERL y AND TyE C*.CN7ERL/NES OF Mi4/N -rRer ,, h/4L�/UT AYENUE AND F/FT/5/ S'Ti�EET OL/Vr AvE j'✓AL NUT ,4YE _ C/T y if h/r/Nr1.vwrIN &Z.*CM JUo1IE /988 ri!!'Ia►�'l0 ty OEPT. A�/r/�L/IC' �W�it'�' - • - r^ 5901 STATE OF CALIFORNIA ) - i COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY. the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the.-members- of said City Council at a regular meeting -thereof- held on the - T8th day of July 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister NOES: Councilmembers: None ABSENT: Councilmembers: None ity C erk a ex-o c er 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 i'c t O N!e I?- fC�u cc Ll -City Clerk and Ex-officio C:erg of 4.he City Council of Clty of Huntington Beach, Cal. By Deputy r CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 28, 1988 Subject: Public Hearing - August 15, 1988, 7:00 P.M. City Council Chambers, Civic Center 2000 Main Street Huntington Beach, California The City Council of the City of Huntington Beach at the regular meeting held July 18, 1988 adopted Resolution No. 5901 calling a public hearing to determine whether public necessity, health and safety or welfare requires the formation of an underground utility district. The subject hearing was originally scheduled for August 1, 1988, however the hearing will be opened on August 1st and continued open to August 15, 1988. The city is proposing to remove all power poles and overhead electrical and telephone wires and install them underground in the area described in the attached Resolution in Section 4. The cost of this conversion, including the new hook-up to the meters will be paid for by the city. You are invited to attend the public hearing at the date, time and location shown above. Connie Brockway City Clerk CB:pm Enclosure: Resolution No. 5901 Municipal Code 17.64 (Telephone:714-536-5227) .. f f 024- 47 /ass - - — 024- /47- 3e o�4- 47- /411 I.� fi T. -D . f o24- 417 a.,. 7333 B�a. _ G_ ----- , �`?�9�s C•�g-2e. Ti/, 7,4 024- [47-01I 36 --°.P4-' -ice- az¢-l47-3o ce o2.4-147- o91 C/NOERGROMMO l/T/L/TyOArrR1CT 88-2 SHALL BE BOUNDED 8Y MC SO1/TiYERL y R/ h'r-OF-iV.4Y LINE OF OL/!/E .4YE4/e1E AMO ME' CEiVTERL/NES OF MA/N STiQEh T w-4L NUT AXENUE AND F/A'rll STREET. OL/YE AYE f�/AL NUT AYE C/T y O/■'/y/(/NT/N6'TON BLACK .TUNE /988 PlEIAPtO By OfrT. G4�Pr/QL/C f✓o�A'S - Keb, nu• 77U0 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members- of said City Council at a regular meeting thereof held on the lsth_ day - of August 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmembers: - None ABSENT: Councilmembers: None The foregoing instrument is a correct City Clerk And ex-officio erk original of the City Council of the City co - PY of the on g of Huntington Beach, California Attest / 19 P' Clerk i�/�y�[' ��.�+�9��/ �/�'l L� City Cleil n and Ex-offile L Clerk of the Citj Council of the City oir Hunt.ir! teii Gch, Cal. By Dept,by 17 . 64. 010 Chapter 17. 64 UNDLEGROUNDING 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 517 � a 17. 64 . 020--17 . 64 . 030 otherwise, have the respective meanings herein set forth: 0.) "Cnmmission" shall mean the Public l.Itili_i;:ies Commission of W-)e state of Cal-lrornia . (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 bymeans 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 ; Or. d. 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 majorit,v 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 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 vihen 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 .loo (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 f 4 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 17. 64 .160--17. 64.180 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. 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 ro ert 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 5�3 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 8" x 10" 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- irrent is made by the city engineer, and the city engineer is di rected to turn over to the assessor and tax collector a notice 5�5 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) 526 Office of the City Clerk ��. City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 `� "• e U� ., p0 Y' I a zCi_5 ` i Pauline M. Cooper 024-147-23 213 Main Street r Huntington Beach CA 92648 LJ 'C �g A RESOLUTION NO. 5906 6^ { A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF { HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 88-2 WHEREAS, by Resolution No. 5901 , a public hearing was called for August 1 Gt, , 1988 at the hour of 7 :00 p.m. , or as soon thereafter as the matter could be heard, in the Council Chambers of the Civic Center , to ascertain whether the public necessity, health , safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service to the area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street 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; 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 supplying electric, communication, or similar or associated service within that area designated as Underground District No. 88-2, more particularly described as follows: The area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street . The above described area is hereby established as Underground District No. 88-2 . 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 - 1 - (b) Said streets and alley are extensively used by the general public and carry 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 December 31 , 1989 by all affected utility companies . FURTHER RESOLVED that the City Clerk , within ten ( 10 ) days after the adoption of this resolution, shall mail a copy hereof and a copy of the Huntington Beach Municipal Code Chapter 17 .64 to affected property owners, if any, as shown on the last equalized assessment roll , and to the affected utilities. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of August , 1988 . a . M yor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works 5906 be - 2 - IJ/VDERG 0Z1-o Vp ar141rV OAVrR1CT e8-2 SHALL AE 8O!1NDED BY Me SovTyERL Y RAFN7-OF--$VAY LINE Ac' OL IPE •4YZ'4/!/E AM) Me CENTERLINES OF M.9/N STREET AVAL it/!IT AVENUE AND F/FTW STREET. OLIVE Are r - Ir - - j -{ S �`.�''. �. 'Y14"^1►,s ��"��tlw+��lv.-,r.s�; L WAL/VllT' �/YE . C/Tr dP/r//f1Wr1v`TiN ttACW JvNE I9as 5906 P No. 5906 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of August 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officioA erk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 5901 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- undergr-ound 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 area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street . 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 August 1 , 1988 at the hour of 7 :00 p.m. in the Council Chambers of the Civic Center , or as soon thereafter as the matter may- be heard, to ascertain whether the public necessity, health, safety or welfare . requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the 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 . - 1 - 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 88-2" bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street dated June, 1988 , 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 18th day of July , 1988 tJ M y o r ATTEST: AP OVED AS TO FORM: &noa-� A-__4 A4�e� (b City Clerk it Attor ey ��V 1`�-Z- - Z -� 6ew IEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be z ' - 2 - UAWERaWou v [/T/L/TyD/.s'mler e6-2 ShH-ILL AE BOUNDED 8Y MC SOUTi1ERL Y RMNr-OF-!VAY LINE OF OL IPE .4l 'WelE AMD TIME CENT-ArWZ VfS OF AMIN J-rR4rh T !�/,4L it/UT AVENUE .4No F/FTy .STREET. OL/NE �1vE W � 0 !'NAL NIIT AYE - _ ci r y •f�,Iavr�vsrov a�.v�,v JvNE /988 ACPr. ac Arras Ar A~" • Res. 5901 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I. CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 18th day of July 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister NOES: Councilmembers: None ABSENT: Councilmembers: None City C erk an ex-offic C er of the City Council of the City of Huntington Beach, California August 16, 1988 Re: Underground Utility District 88-2 Dear Property Owner: The City Council of the City of Huntington Beach at its regular meeting held August 15, 1988 adopted Res. No. 5906 establishing Underground Utility District No. 88-2. Enclosed is a certified copy of said resolution along with a copy of Huntington Beach Municipal Code Chapter 17.64. Connie Brockway City Clerk CB:pm Enclosures n i S /e, C!� �Se�✓� / o �� r f a �y fop. 0 W nMKf CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 28, 1988 Thomas R. Wutzl c/o Gary W. Lefkowitz 024-147-15 415 N. Camden Drive Beverly Hills, CA 90212 Subject: Public Hearing - August 15, 1988, 7:00 P.M. City Council Chambers, Civic Center 2000 Main Street Huntington Beach, California The City Council of the City of Huntington Beach at the regular meeting held July 18, 1988 adopted Resolution No. 5901 calling a public hearing to determine whether public necessity, health and safety or welfare requires the formation of an underground utility district. The subject hearing was originally scheduled for August 1, 1988, however the hearing will be opened on August 1st and continued open to August 15, 1988. The city is proposing to remove all power poles and overhead electrical and telephone wires and install them underground in the area described in the attached Resolution in Section 4. The cost of this conversion, including the new hook-up to the meters will be paid for by the city. You are invited to attend the public hearing at the date, time and location shown above. dnnc . Connie Brockway City Clerk CB:pm Enclosure: Resolution No. 5901 Municipal Code 17.64 (Telephone:714-536-5227) RESOLUTION NO. 5901 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 - area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street,- Walnut Avenue and Fifth Street . 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 August 1 , 1988 at -the hour of 7 :00 p.m. in the Council Chambers of the Civic Center,. or as soon thereafter as the matter may be heard, to ascertain whether the public necessity, health, safety or welfare requires the removal of poles , overhead wires and associated overhead structures and the underground installation of- wires and facilities for supplying electric, communication, or similar associated service in the district hereinabove i described. SECTION 2. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time- as may be determined by the City Council. - 1 - • 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 88-2" bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut -Avenue and Fifth Street dated- June, - 1988 , 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 18th day of July 1988 t M /OVED ATTEST: AP AS TO FORM: City Clerk Ci ZAttorney 6 - 6e IEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be a 2 - OvdacRG,opoa v e/T/L/TyAoArrR1cr 86-2 SHALL AE RO!/NDED SY TX/E SovTiS/ERL Y LAW* G1' OL IPE -4YE4/UE LINO ME CEA/TERL/NES' OF MA/* STREE TT AVW A/!/T AYENUE AV.0 F/FTl/ STREET. OL/NE APE Srj At r r `1- iNAL Nll7' ,4YE ciry •f�/v vri�vsr•�v tt..c v JvME /9ae .1011r .01VAa o ty aK AV&L it - - Res. ��'^.. 5901 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } I, CONNIE BROCKWAY. the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the -members-of said City Council at a regular meeting thereof held on the l8th day of July 19 88 by the following vote: AYES: Councilmenbers: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister NOES: Councilmembers: None ABSENT: Council-members: None Aty-We'rTa ETZM"crClerk 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 J'�( Z 7 19 City Clerk and Ex-officio Cler of the City Council qJbe Clty 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, 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. 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 4 1 I 517 i j 17. 64 . 020--17 . 64 .030 otherwise, have the respective meanings herein set forth : (a) "Cnmmissiori" shall mean the Public lJtil i.t;:i_e.:, Commission oi' the state of Cal_i.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 simi_lar or associated service. (d) "Util_i.t,y" shall. include all persons or entities. sup- plying electric , commminication 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 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 e:hen 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, servie.e. 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. 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 .ad,jacent 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 2ublic works--Authority of. The director o puu c wor s 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 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. Cc ) 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) 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 sect.ion 17. 6,4. 110 hereof, the city clerk 5�3 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 8" x 10" 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- 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) 526 LA CITY OF HUNTINGTON BEACH Va" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 16, 1988 Thomas R. Wutzl c/o Gary W. Lefkowitz 024-147-15 415 N. Camden Drive Beverly Hills, CA 90212 Re: Underground Utility District 88-2 Dear Property Owner: The City Council of the City of Huntington Beach at its regular meeting held August 15, 1988 adopted Res. No. 5906 establishing Underground Utility District No. 88-2. Enclosed is a certified copy of said resolution along with a copy of Huntington Beach Municipal Code Chapter 17.64. Connie Brockway City Clerk CB:pm Enclosures (Telephone:714-536-5227) RESOLUTION NO. 5906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 88-2 WHEREAS, by Resolution No. 5901 , a public hearing was called for Aurust_ 1 t - , 1988 at the hour of 7 :00 p.m. , or as soon thereafter as the matter could be heard, in the Council Chambers of the Civic Center , to ascertain whether the public necessity, health , safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service to the area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street 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; 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 supplying electric, communication, or similar or associated service within that area designated as Underground District No. 88-2, more particularly described as follows : _. The area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut - Avenue and Fifth Street . - - The above described area is hereby established as Underground District No. 88-2 . 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 - 1 - (b) Said streets and alley are extensively used by the general public and carry 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 riot later than December 31 , 1989 by all affected utility companies . FURTHER RESOLVED that the City Clerk , within ten ,( 10 ) days after the adoption of this resolution, shall mail a copy hereof and a copy of the Huntington Beach Municipal Code . Chapter 17 .64 to affected property owners, if any, as shown on the last equalized assessment roll , and to - the. affected utilities . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of August , 1988 . M yor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be _ - 2 - IJNDERGRVZhVp a r141TY4OArrR1CT e8-2 SIMLL AE SOMMOED SY 7;VC SOZI rllERL Y R/6NT-OF-V,.4Y L/NE GW OL/YE AYEq/UE A*D 771,e CENTERXAV fS OF MAI* J-rRZET MW NUT AVENUE AVP F/FT/s/ STREET. OLIVE AYE �� .-_ - � r� j .I ` o ,`t'' I.i,}"•r'��i'.M_+iiiw.'.•'v'.+r-�'.• -_ �_ i✓�iLNUT �/YE C/Ty iP/jj1'vr/NsTIN s&AcjY .TVNE I9�8 PRAVOW+Pto AY 01rr. 9W AW&A/C J✓ot*-s Kes, nv. D7U0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members- of said City Council at a regular meeting thereof held on the lsth day Of August 19 ea by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmembers: - None ABSENT: Councilmembers: None The foregoinginstrument is a correct City Clerk an ex-officio erk of the City Council of the City - copy of the original on file in this office. of Huntington Beach, California Attest / 19 City Clerk and En,,ffScic °rk of the City Council o the Cl.y o Hu kington teach, Cal. By Depuh 1 17 . 64. 010 C,'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 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 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._ 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 517 I 17. 64 . 020--17 . 64 .030 otherwise, have the respective meanings herein set forth : 0 ) "Cnmmission" shall mean the Public tJti.11.ta_e.^ Comm-i.sslon Ll-ie st.atc of Call for. nia . (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 serv_�_c b,y 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 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 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 r 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 erector 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 l (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 o;n 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 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 ti 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) 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 (103 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 po's- 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 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 r 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) 526 of the City Clerk ..: =-= _ Office • of Huntington Beach Fa �0W __ a .�F9= city _ � � �.�. �Y �4 1 P.O.BOX 190 SS CAUFORNIA 92648 FIRST f°a :'i4,�_ - j__ TEAf A Cq+ F :. '397 a P'^a Thomas R. Wutzl C/o GarXLefkowitz 024-147-15 415 N. Camden Drive 90212Beverly Hills, CAFo BEVERLY HILL�aR CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 28, 1988 Pauline M. Cooper 024-147-23 213 Main Street Huntington Beach, CA 92648 Subject: Public Hearing - August 15, 1988, 7:00 P.M. City Council Chambers, Civic Center 2000 Main Street Huntington Beach, California The City Council of the City of Huntington Beach at the regular meeting held July 18, 1988 adopted Resolution No. 5901 calling a public hearing to determine whether public necessity, health and safety or welfare requires the formation of an underground utility district. The subject hearing was originally scheduled for August 1, 1988, however the hearing will be opened on August 1st and continued open to August 15, 1988. The city is proposing to remove all power poles and overhead electrical and telephone wires and install them underground in the area described in the attached Resolution in Section 4. The cost of this conversion, including the new hook-up to the meters will be paid for by the city. You are invited to attend the public hearing at the date, time and location shown above. Connie Brockway City Clerk CB:pm Enclosure: Resolution No. 5901 Municipal Code 17.64 (Telephone:714-536-5227) 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. U70 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 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, 17. 64.200 Responsibility of property owners. 17.64 . 210 Responsibi lity 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 f 7 17. 64 . 020--17 . 64 .030 otherwise, have the respective meanings heroin set .forth: (,a ) "(7cm1nission" shall mean the Public Utllitl.es Comm�i.ss:i_on c�(' the st,ato of Cal 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) "T1til 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 ) 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 o.f 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 ma,jorit,v 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 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 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 teri (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 f r 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 52.2 17: 64.160--17. 64.180 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. 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 4 + 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 8" x 10" 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 alien 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) 526 RESOLUTION NO. 5901 f 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 area bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, Walnut Avenue and Fifth Street.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 August 1 , 1988 at the hour of 7 :00 p.m. in the Council Chambers of the Civic Center, or as soon thereafter as the matter may be heard, to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or - similar associated service in the 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 . _ 1 - 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 88-2" bounded by the southerly right-of-way line of Olive Avenue and the centerlines of Main Street, -Walnut Avenue and Fifth Street - dated June, 1988 , 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 18th day of July , 1988 �.._.:: Ml� yor - ATTEST: AP OVED AS TO FORM: City Clerk i AttorEr��gy - -Z. IEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public - Works be aVDERGR0zImo UT/L/TyAoArri 1cr ea-2 SHALL AE 80UA/DED SY THE SOVTiIAWLY R1CNT-OF--$VAY L IWZ' Ac* OL/YE *PAP4IUE AVO MF CEW'dW NES OF MAIN JorWrE,T ti/.4L�/UT .4YENUE .4ND F/FTC/ .STREET. Ir OL AYE ArE NO ciry .f�✓v�vrivs�r•�v tt..�,r .TvME /988 . Res. ��'^. 5901 STATE OF CALIFORNIA i COUNTY OF ORANGE SS: - CITY OF HUNTINGTON BEACH .) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council - at a regular meeti-ng- thereof hel-d on the -18th day of July 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister NOES: Councilmembers: None ABSENT: Councilmembers: None ,tyC1 erk and ex-ofTfcW 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 Tct( 7 19 _ Co IV/v;'e-- �oc_/C cvLl City Clerk and Ex-off icio Clerl o.f the City Council of the Clty of Huntington Beach, Cal. By Deputy Office of the City Clerk P - - rAc2 �i. Cit of Huntin ton BeachESOR y g FIRST C# A vS a 'Re = __ P.O.BOX 190 CALIFORNIA 92648 ,� '� 4 cA t 1 E �J / 1 F8001397 rfi S ipEAIQER - l Pauline M. Cooper 024-147-23 213 Main Street Huntin-ton Beach. CA 92648 ti J Office of the City Clerk To P—f � �� City of Huntington Beach a z = JUL 28T8 = P.O.BOX 190 CALIFORNIA926UAZZ FIRST _CLASS -'�,�4� E 1`• '% =397 t J\ to g�VERLY HILI,� rRAF r p -0 r ��.� 9021037 Thomas.R. .Wutzl .024-14 5 c/o Gary W. Lefkowitz eI{r 0 415 N. Camden Drive Beverly Hills, CA 90212 ` PY ;.A je CITY OF HUNTINGTON BEACH - 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 To Resident: Please note , hearing for the Main Channel pierhead line extension will be held at the regular Council meeting of August 1, 1988. Very, truly yours , Les Evans, Acting Director of Public Works 14i °/. I& City of Huntington Beach P R� 'r�`N To"°9 Ll, On TA �S � = JUL 15 1 P.O.BOX 190 CALIFORNIA !0.21FIRST C�.AS � IL1 c CITY Or „�� ,,� ."` ' �- �- �• � _, Fs0oi39i A r H;; ;T'!"GTON BEACH, CALIF. D.,,_ -;-T to s. 0F Fl_�c�LC WORKS _ S GINSBURG, HENRY 16472 MALOEN CIR j HUNTINGTON BEACH, CA- 92649 V CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 July, 1988 Public Works Department (714) 536-5431 Subject: Public Hearing Dear Property Owner or Business Operator��,.,,�•�� -Bfld�;,��P�a�• s�•�P.a��, l'�(3 he city is proposing to remove all power poles and overhead electrical and telephone wires and install them underground in the area described in the attached Resolution in Section 4. The cost of this conversion, including the new hook-up to the meters will be paid for by the city. You are invited to attend the public hearing at the date, time and location shown-in— Very truly yours, 4 8401M Les Evans Acting Director of Public Works LE:US:lw 1697g I�'� '.��w Nv. �` �- gas/� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 20, 1988 Southern California Edison 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 July 18, 1988 adopted Resolution No. 5901 calling a public hearing to determine whether public necessity, health and safety or welfare requires the formation of an underground utility districtjj The public hearing will be held at 7:00 p.m. , on Monday, August 1,, .1988. Enclosed is a certified copy of Resolution No. 5901 for your information. Connie Brockway City Clerk CB:pm Enclosure i (Telephone:714536-5227) CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 20, 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 18, 1988 adopted Resolution No. 5901 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 Monday, August 1 , 1988. Enclosed is a certified copy of Resolution No. 5801 for your in- formation. Connie Brockway City Clerk CB:bt Enc. (Telephone:714-536-5227)