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Underground Utility District 86-2 - Downtown-Lake/PCH/6th St
REQUEL _ FOR CITY COUNCIOACTION Date August 20 . 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administra ��r /- Prepared by: Paul E. Cook, Director of Public Works . . Subject: RESOLUTION FOR UNDERGROUND UTILITY DISTRICT Consistent with Council Policy? [A Yes [ j New Policy or Exception �� • / �� Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: i STATEMENT OF ISSUE: Need for resolution to establish Downtown Underground Utility District. RECOPIVENDATION: Adopt Resolution in order to establish Underground Utility District Number 86-2, Down- town Underground Utility District. ANALYSIS: The Underground Utilities Coordinating Committee is recommending the establishment of an Underground Utilities District bounded by 6th Street, Walnut Avenue, Lake Street and .a line 200 feet south of Pacific Coast Highway. The work will involve the removal of electrical and telephone overhead wires and poles and placing these facilities under-- ground. Start of the project is planned for the end of this year. Completion of this work is scheduled for December 31, 1990. City Council approved Resolution Number 5703 on August 18, 1986, calling for a hearing on September 2, 1986. FUNDING SOURCE: The Southern California Edison Company, the General Telephone Company and Rogers Cablesystems will pay for this work. There will be no expenditures of City funds. ALTERNATIVE ACTION: Choose other area for underground utilities. ATTACHMENTS: Resolution Vicinity Map PEC:US:ik P10 4/84 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 20, 1986 Rogers Cablesystems 2124 Main Street, Suite 200 Huntington Beach, CA 92648 Attn: Mickey Miller The City Council of the City of Huntington Beach at its regular meeting held August 18, 1986, adopted Resolution No. 5703 calling a public hearing to determine whether public necessity, health or safety or welfare requires the formation of an under- ground utility district. The public hearing will be held on September 2, 1986 at the hour of 7:30 p.m. • Enclosed is a certified copy of Resolution- No. 5703 for your information. Alicia M. Wentworth City Clerk AMW:bt Enclosure 1 Telephone:714-536-5227) .4,"J& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 20, 1986 General Telephone Company P. 0. Box 508 Long Beach, CA 90801-0500 Attn: Bernard E. Francis The City Council of the City of Huntington Beach at the regular meeting held August 18, 1986, adopted Resolution No. 5703 calling a public. hearing to determine whether public necessity, health or safety or welfare requires the formation of an under- ground utility district. The public hearing will be held on September 2, 1986 at the hour of 7:30 p.m. Enclosed is a certified copy of Resolution No. 5703 for your information. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 20, 1986 Southern California Edison Co. 7333 Bolsa Avenue Westminster, CA 92683 Attn: Ralph Coolidge The City Council of the City of Huntington Beach at the regular meeting held August 18, 1986, adopted Resolution No. 5703 calling a public hearing to determine whether public necessity, health or safety or welfare requires the formation of an under- ground utility district. The public hearing will be held on September 2, 1986 at 7:30 p.m. Enclosed is a certified copy of Resolution No. 5703 for your information. Alicia M. Wentworth City Clerk AMW:bt Enclosure 1 Tale phone:714.536-5227) j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 August 20, 1986 Subject: Underground Utility District #86-2 Downtown Area, bounded:by 6th Street, Walnut Avenue, Lake Street and P.C.H. Dear Property Owner: 'Ilhe Underground Utility Coordinating Committee of the City of Huntington Beach is recommending to the City Council that an Underground Utility District be formed in the subject area. A public hearing is set for September 2, 1986, at 7:30 p.m., in the City Council Chambers of the Civic Center to consider the pros and cons from the property owners who are affected. You are hereby advised of this hearing and a copy of resolu- tion 5703 is attached as your formal notice of hearing. The utility companies will rermve all overhead wires and power poles within the public riot-of-way at their expense and also make the connection to the private homes or buildings. The conversion work is scheduled to start towards the end of this year and will be completed by the end of 1990. Any questions you have relative to this proposed undergrounding of overhead utilities may be answered by contacting Ulrich Stenzel, City of Huntington Beach, Public Works Department, at telephone number (714) 536-5431. Very truly yours, Alicia M. Wentworth City Clerk A`4nT:US:ik attachments: resolution Number 5703 LAWCITY OF HUNTINGTON BEACH L01V 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 5, 1986 Subject: Underground Utility District No. 86-2 Downtown Underground Utility District bounded by Lake Street, Pacific Coast Highway, 6th Street and Walnut Avenue Dear Property Owner: On September 2, 1986 the City Council of the City of Huntington Beach adopted Resolution No. 5705 which establishes the subject Underground Utility District. We are estimating that construction on the conversion may start early next year and will be completed in 1990. You will need to make the hook-up at your electric meter and possibly replace your present meter in compliance with S. 17.64.180 of the Huntington Beach Municipal Code. For your information, we are enclosing a copy of Resolution No. 5705 and S. 17.64.180 of the Huntington Beach Municipal Code. Alicia M. Wentworth City Clerk AMW:US:bt Enclosures Ile 1 Telephon e:714536-5227) 1 _ ';`"�'7—:rr-' ' `�r-�i •�4''-v"_I!^--vr---r -�`'-", 'ter' '—'�� ti� .r �r-ti-- ..,ttt..� � i � i tt�l�l ttt� �. . . . ■ � � E f , f , RESOLUTION NO. 5705 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 86-2 WHEREAS, by Resolution No. 5703 , a. public hearing was called for September 2, 1986, at the hour of 7 : 30 p.m. , or as soon thereafter as the matter could be heard, in the Council Chambers of the Civic Center , to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service to the property within the Downtown area bounded by 6th Street , Walnut Avenue, Lake Street and Pacific Coast Highway, and owners , as shown on the last equalized assessment roll , and utilities concerned in the manner and for the time required by law; apd Such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach hereby finds and determines that the public necessity, health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground- installation of wires and £acilities for supplying electric, communication, or similar or associated service within that area designated as Underground District No. 86-2 , more particularly described as follows: The Downtown area bounded by a line 10 feet east of the east right-of-way line of Lake Street, 200 feet south of the south right-of-way line of Pacific Coast Highway, 10 feet west of the west right-of-way line of 6th Street and 10 feet north of the north right-of-way line of Walnut Avenue, said line to continue straight until it intersects with Lake Street . The above-described area is hereby established as Underground District No. 86-2 . RESOLVED FURTHER that the City Council of the City of Huntington Beach finds that: ( a) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; and (b) Said street is extensively used by the general public and carries a heavy volume of pedestrian and vehicular traffic. RESOLVED FURTHER that all poles, overhead wires and associated overhead structures shall be removed and underground installations made in said underground utility ' district not later than December 31, 1990, by all affected utility companies. RESOLVED FURTHER that this underground utility district shall have priority over all other underground utility districts within the City of Huntington Beach. RESOLVED FURTHER that the City Clerk , within ten ( 10 ) days after 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 . 2 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of September , 1986 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND OVED: City Administrator i�c Director of Public Works 3 . Res. 5705 �7y STATE OF CALIFORNIA ) 3 COLD= OF ORANGE ) sa: CITY OF RMINGTON BEACH ) 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of member• of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of September 19, 86 by the following vote: AYES: Councilmen: Kelly, MacAllister, Finley, Mandic. Bailey, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 4, 1986 Southern California Edison Company 7333 Bolsa Avenue Westminster, CA 92683 Attn: Ralph Coolidge The City Council of the City of Huntington Beach at the regular meeting held September 2, 1986, adopted Resolution No. 5705 establishing Underground Utility District No. 82-6 in the City of Huntington Beach. Enclosed is a certified copy of Resolution No. 5705 for your information. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714536.6227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 4, 1986 General Telephone Company P. 0. Box 508 Long Beach, CA 90801-0500 Attn: Bernard E. Francis The City Council of the City of Huntington Beach at its regular meeting held September 2, 1986, adopted Resolution No. 5705 establishing Underground Utility District No. 86-2 in the City of Huntington Beach. Enclosed is a certified copy of Resolution No. 5705 for your information. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 4, 1986 Rogers Cablesystems 2124 Main Street, Suite 200 Huntington Beach, CA 92648 Attn: Mickey Miller The City Council of the City of Huntington Beach at its regular meeting held September 2, 1986, adopted Resolution No. 5705 establishing Underground Utility District No. 86-2 in the City of Huntington Beach. Enclosed is a certified copy of Resolution No. 5705 for your information. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714536-52Z7 _ a v p 24c�� e A. co oo � 44 a� 2/3 sG A/o- a_ /�! /��� P.o_ x /T o z¢ - 1s2 - o/ �il- 8• 9'Z6�8 �. 2648 Zoe s � -t f/- � . 97 22 O Yifia_ �e►.,,, /_(?ua��_ 1�ewpa,r� Authorized to Publish Advertisements of all kinds including public notice's by Decree of the Superior Court of Orange County, ��GLti California. Number R-6214, dated 29 September. 1961. and O A-24831, dated 11 ,hint), 1963. �� G1� 19 STATE OF CALIFORNIA T ~© County of Orange Public Notice Advertising coveted �'�•,M �L'g by mill enidewl ill set n 7 point wltn 10 pica column width I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen PUBLIC NOTICE years, and not a party to or interested in the below RESOLUTION NO.5703 entitled matter. I am a principal clerk of the Orange A RESOLUTION OF THE CITY COUNCIL OF THE Coast DAILY PILOT, with which is combined the CITY OF HUNTINGTON BEACH CALLING A PUB- NEWS-PRESS, a newspaper of general circulation, LIC HEARING TO DE- TERMINE WHETHER PUB- printed and published in the City of Costa Mesa, LIC NECESSITY, HEALTH,. SAFETY OR WELFARE RE- County of Orange, State of California, and that a QUIRES THE FORMATION RESOLUTION OF AN UNDERGROUND Notice of UTILITY DISTRICT WHEREAS, Huntington Beach Municipal Code Chapter 17.64 establishing a procedure for the creation of underground utility districts SECTION 2.At such hear of which copy attached hereto is a true and complete and requires, as the initial Ing all persons interested step, the holding of public shall be given an opportunity copy, was printed and published in the Costa Mesa, hearing to ascertain whether to be heard. Said hearing public necessity, health, may be continued from time Newport Beach, Huntington Beach, Fountain Valle safety or welfare requires to time as may be de p g y the removal of poles, over- termined by the City Coun- Irvine, the South Coast communities and Laguna head wires and associated c11. g overhead structures and the SECTION 3. The City Beach issues of said newspaper for ONE TIME underground installation of Clerk shall notify all affected wires and facilities for sup- property owners as shown plying electric communica- on the last equalized consecutive weeks to Wit the Issue(s) of tion,'or similar orassociated assessment roll and utilities service in any such district; concerned of the time and and place of such sharing by It has been recommended mailing a copy of this resol- that such underground util- ution to such property own- Ity district be formed in the ers and utilities concerned August 21 98 6 Downtown area bounded by, at least ten(10)days prior to a line 10 feet east right-of- the date thereof. way line of Lake Street,200 SECTION 4. The area feet south of the south right- proposed to be Included In 1 98 of-way line of Pacific Coast the district is shown on that Highway,10 feet west of the certain map entitled west right-of-way line of 6th "Underground Utility Dis- Street and 10 feet north of trict Downtown" dated 198 the north right-of-way line of August 7, 1986,which is on' Walnut Avenue,said line to file in the office of the City continue straight until it in- Clerk of the City of Hunt- tersects with Lake Street. ington Beach. 98 NOW, THEREFORE, the STATE OF COUNTY OF ORANGE)CITY City Council of the City of Huntington Beach does re-' OF HUNTINGTON BEACH) solve as follows: as: �98 SECTION 1. NOTICE IS' 1 , A L I C I A M HEREBY GIVEN that a pub- WENTWORTH, the duly lic hearing will be held by the elected,qualified City Clerk City Council of the City of of the City of Huntington Huntington Beach on Sep Beach, and ex-officio Clerk tember 2, 1986,at the hour of the City Council of said I declare, under penalty of perjury, that the of 7:30 p.m. in the Council' City, do hereby certify that foregoing is true and correct. Chambers trill clvlo whole number of mem- s bers of the City Center,or as soon thereafter y Council of as the matter may be heard, the City of Huntington Beach to ascertain whether the Is seven;that the foregoing ,Executed on public necessity, health, resolution was passed and AU gu S t .2 ' 198 6 safety, or welfare requires vote of morted e the than affme tive ante v the removal of poles, over- majority at Cos a Mesa, Ca fornia. head wires and associated of all the members of said overhead structures.and the, — Clty Council at a regular underground Installation of meeting thereof held on the wires and facilities for sup- 18th day of August,1986,by plying electric, communica- the following vote: Ignature tion, or similar associated, AYES: Councilmen: service in the district herein- MacAllister, Finley, Mandic, _above described. Bailey,Green,Thomas -- NOES:Councilmen:None ABSENT: Councilmen: Kelly Alicia M.Wentworth,City n Clerk and ex-oNlclo Clerk of the City Council of the City of Huntington Beach„ California Published Orange Coast Daily Pilot August 21, 1986 PROOF OF PUBLICATION _.___ _ Th04O REQ -.HIV TY QOUNC6_ _ACTION August 7 , 1986 IT y CLV, D to Submitted to: Honorabl M ity Council Submitted by: Charles W. Thompson, City Administratortr Prepared by: Paul E. Cook, Director of Public Works Subject: Resolution for Underground Utility District Consistent with Council Policy? [X] Yes [ ] New Policy or Exception A5 1* 03 Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments: Statement of Issue : Need for resolution to establish Downtown Underground Utility District. Recommendation: Adopt Resolution. calling for hearing on September 2 , 1986 in order to establish Underground Utility District No. 86-2, Downtown Underground Utility District. Analysis : The . Underground Utilities Coordinating Committee is recommending the establishment of an. Underground Utilities District bounded by 6th Street, Walnut Avenue, Lake Street and a line 200 feet south of P.C.H. The work will involve the removal of electrical and telephone .overhead wires and poles and placing these facilities underground. Completion of this work is scheduled for December 31, 1990 . Funding Source : The Southern California Edison Company, the General Telephone Company and Rogers Cablesystems will pay for this work. There will be no expenditures of City funds . Alternative Action: Choose other area for underground utilities. Attachments : Resolution CWT:PEC:US :dw PIO 4/84 ` RESOLUTION NO. 5703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT WHEREAS, Huntington Beach Municipal Code Chapter 17. 64 establishing a procedure for the creation of underground utility districts and requires, . as the initial step, the holding of public hearing to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, or similar or associated service in any such district; . and It has been recommended that such underground utility district be formed in the Downtown area bounded by a line 10 feet east of the east right-of-way line of Lake Street, 200 feet south of the south right-of-way line of Pacific Coast Highway, 10 feet west of the west right-of-way line of 6th Street and 10 feet north of the north right-of-way line of Walnut Avenue, said line to continue straight until it intersects with Lake 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 September 2, 1986, at the hour of 7: 30 p.m. in the Council Chambers of the Civic Center, or as soon thereafter as the matter may be 1. 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. 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 nailing 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 Downtown" dated August 7, 1986, which is on file in the office of the City Clerk of the City of Huntington Beach. .f 2• PASSED AND ADOPTED by the City Council of the City of Huntington Beach at regular meeting thereof held on the 18th day t of August , 1986. Mayor ATTEST: APPROVED AS TO FORM: OF City Clerk ,F -Q6 City Attorney REVIEWED AND APPROVED: INI9CJA ID APPROV City Administrator �i'; ) Director of Public Works i •. t •'ri •'i 3. Res. j. 5703 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: 'j CITY OF EMINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the - 18th day of August 19 86 by the following vote: AYES: Councilmen: MacAllister. Finley. Mandic. Bailey, Grppn- Thnmac NOES: Councilmen: None ABSENT: Councilmen: , Kelly City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California V. ;, j@ CITY OF HUNTINGTON BEACH ok-1) 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 August 20, 1986 Subject: Underground Utility District #86-2 Downtown Area, bounded by 6th Street, Walnut Avenge, Lake Street and P.C.H. Dear Property Owner: The Underground Utility Goor#nating Committee of the City of Huntington Beach is recommending to the City Council that an Underground Utility District be formed in the subject area. A public hearing is set for September 2, 1986, at 7:30 p.m., in the City Council Chambers of the Civic Center to consider the pros and cons from the property owners who are affected. You are hereby advised of this hearing and a copy of Pesolu- tion 5703 is attached as your formal notice of hearing. The utility companies will remove all overhead wires and power poles within the public right-of-way at their expense and also make the connection to the private homes or buildings. The conversion work is scheduled to start towards the end of this year and will be completed by the end of 1990. Any questions .you have relative to this proposed undergrounding of overhead utilities may be answered by contacting Ulrich Stenzel, City of Huntington Beach, Public Works Departnent, at telephone number (714) 536-5431. Very truly you, Alicia M. Wentworth City Clerk AM:US:ik attachments: Resolution Number 5703 RESOLUTION NO. 5703 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 REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT WHEREAS, Huntington Beach Municipal Code Chapter 17. 64 establishing a procedure for the creation of underground utility districts and requires, as the initial step, the holding of public hearing to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, or similar or associated service in any such district; and It has been recommended that such underground utility district be formed in the Downtown area bounded by a line 10 feet east of the east right-of-way line of Lake Street, 200 feet south of the south right-of-way line of Pacific Coast Highway, 10 feet west of the west right-of-way line of 6th Street and 10 feet north of the north right-of-way line of Walnut Avenue, said line to continue straight until it intersects with Lake 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 September 2, 1986, at the hour of 7 : 30 p.m. in the Council Chambers of the Civic Center, or as soon thereafter as the matter may be 1. heard, to ascertain whether the public necessity, health, safety or j 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. 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 Downtown" dated August 7, 1986, which is on file in the office of the City Clerk of the City of Huntington Beach. 2. PASSED AND ADOPTED by the City Council of the City of : 3 Huntington Beach at regular meeting thereof held on the 18th day of August , 1986. • Mayor ATTEST: APPROVED AS TO FORM : a�' `�' �.-�-v! S'= City Clerk City Attorney REVIEWED AND APPROVED: INI ATED AND APPPR�OV City Adminis rator 1�7;,= Director of Public Works ;j i 3. Res. ro, 5702 `' __'• STATE OF CALIFORNIA ) COMM OF ORANGE ) c e: CITY OF EM INGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 18th day of August 19 86 by the following vote: AYES: Councilmen: MacAllister, Finley. Mandic, 6ailPy, n roan, Thnmac NOES: Councilmen: None ABSENT: Councilmen: Kelly City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California be foregoing instrument is a COPY Of;the.original on-file in this office. st. _ ACICIA ��`:_-_- M-WENnyORTh u Clerk and EX-otficio Clerk of ncil of the City of Huntin•• the City Cal. gtan Beach, 1gy . Deputy 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 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. 1.7. 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. 64.2.20 Extension of time. 17:64. 010 Definitions . The following terms or phrases as used in. this chapter shall , unless the context indicates 517 17. 64 . 020--17 . 64 .030 otherwise, have the respective meanings herein set forth: 0.) "Cniamission" shall mean the Public Utill_tles Commi.ss:Lon of LI-ie st,ato of California . (b ) "Underground utility district" or "district" shall mean that area in the city within which poles , overhead wires and as- sociated overhead structures are prohibited as such area is de- scribed in a resolution adopted pursuant to the provision of section 17. 64 . 110 of this chapter.• (c ) "Poles , overhead wires and associated overhead struc- tures" shall mean poles, towers , supports, wires , conductors , guys , stubs , platforms , crossarms , braces, transformers, insu- lators, cutouts , switches , communication circuits , appliances , attachments and appurtenances located aboveground within a dis- trict; and used, or useful , in supplying electric , communication or similar or associated service. (d) "Utility" shall. include all persons or entities sup- plying electric , communication or similar or associated service by means of electrical materials or devices . (Ord. 2222, 7 Dec 77 ) 17. 64 . 020 Underground utilities coordinating committee-- Established. There is hereby established an underground utilities coordinating committee, appointed by the city council, which said committee shall consist of five ( 5) members as follows : (a) Director of public works ; (b) Director of development services ; (c) One city employee appointed by the city ,administrator; (d) District representative , Southern California Edison Company; and (e) Senior engineer, Public Improvements , General Telephone Company. (Ord. . 2382, 18 Jul -79 ; Ord. 2222, 7 Dec 77 ) 17 . 64 . 030 Duties . It shall be the duty of the committee to advise the city council with respect to all technical as- pects of the und.ergrounding of public utilities within the city of Huntington Beach and in that regard the committee shall : (a) Determine the location and priority of conversion work within the city; (b ) Recommend specific projects and methods of financing; (c ) Recommend time limitation for completion of projects and extensions of time ; 518 17.64.040--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 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 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 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. .(f} The- interface of the new development - to the existinp- development on the site. (g) The interface to similar facilities required off site. (Ord. 2222, 7 Dec 77) 17.64. 170 City council--Appeal to. Any landowner or developer affected may appeal the determination of the director of public works or the director of building and community de- velopment to the city council. (Ord. 2222, 7 Dec 77) 17. 64.180 Notice to property owners and utility companies. Within ten 10 days after the effective date of a resolution adopted pursuant to section 17. 64. 110 hereof, the city clerk 523 17. 64 . 190--17. 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. 22222 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 associat.ed equipment re- quired to be furnished by it under its applicable rules, regula- tions and tariffs on file with the commission. (Ord. 22221, 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. natice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests , if there be any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within fifteen (15) days after its confirmation by the council, the amount of the assess- ment shall become a lien upon the property against which the assess- rrient is made by the city engineer, and the city engineer is di- rected to turn over to the assessor and tax collector a notice 525 17. 64. 210--17 . 64. 220 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) ry is 526 Office of the City Clerk City. of Huntington Beach � U��uj- 7 �� =a��Z�eb= o :: :�' ; 35 14 • NN � - i r P.O.BOX 190 CALIFORNIA 92648 s W �AL�E p�.e3ii2a {� fl GAN 96 072729NI. 08/27/86 r F;ETuF`N TO SFNFJE::F4 p- NO F*Of:l�!(tRLYI:NG ORDER ON UNABLE TO F:*OFtWAf-Zf) � 024-163-11 - -- Richard Edward Gand - San Francisco, CA 94109 wo- .._.�..—._..a.. a--.. _ -____ .�`aq?'lY•+a8b+�rari�)isrr.._`--__ __-"_`�'��`�'�m�ti.�+i.�orG - �\ .�..�.�,w�.�L VS'f\.��_.�_ •+:?^•1�- Office of the City Clerk L -� �. >�4 City of Huntington Beach'` ����" 6 •.,,_~� �-- P.O.BOX 190 CALIFORNIA 92648 y� i SEP- pw B'86 x 0 2 .1 •_ iCN �� Jjjj-%c Richard °Edward Gand San Francisco, CA 94109 k - -