HomeMy WebLinkAboutCC Resolution 7801 (Underground Utility District)as follows:
RESOLUTION NO. 7801
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ESTABLISHING UNDERGROUND UTILITY DISTRICT
IN THE VICINITY OF MONTECITO SHOPPING CENTER,
SAN RAFAEL CREEK, GRAND AVENUE AND SECOND STREET
BE IT RESOLVED by the Council of the City of San Rafael
WHEREAS, a public hearing was called for Monday, August
15, at the hour of 8:00 P.M. in the Council Chambers in the City Hall,
San Rafael, California, 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, within that certain area of the City described
as follows:
All those properties contained within the
boundary of the proposed underground utility
district as shown on the map attached hereto,
marked "Exhibit All, entitled "Proposed
Underground Utility District Vicinity of
Montecito Shopping Center, San Rafael Creek,
Grand Avenue and Second Street, San Rafael"
and dated July 1988; and
WHEREAS; notice of such hearing has been given to all
affected property owners as shown on the last equalized assessment
roll and utilities concerned in the manner and for the time required
by law; and
WHEREAS, 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 by the Council of the
City of San Rafael, that, pursuant to Ordinance No. 905 of the City
of San Rafael, the above-described area is hereby declared an Underground
Utility District, and is designated as "Underground Utility District
in the vicinity of Montecito Shopping Center, San Rafael Creek, Grand
Avenue and Second Street". Attached hereto, marked "Exhibit A", and
hereby incorporated as a part of this resolution, is a map delineating
the boundaries of said District;
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RESOLVED, FURTHER, that the Council does hereby fix
April 1, 1989 as the date on which affected property owners must be
ready to receive underground service, and does hereby order the removal
of all poles, overhead wires and associated overhead structures and
the underground installation of wires and facilities for supplying
electric, communication, or similar or associated service within said
Underground Utility District on or before August 1, 1989;
RESOLVED, FURTHER, that the utility which undertakes
underground installation of its facilities shall use the underground
conversion allocation computed pursuant to decisions of the Public
Utilities Commission of the State of California for the purpose of
providing to each premises in said Underground Utility District requiring
it a maximum of one hundred feet of individual electric service trenching
and conductor, as well as backfill, paving and conduit, if required.
Each other serving utility will provide service trenching and conductor
in accordance with its tariffs on file with the California public utili-
ties Commission or as required by its Franchise Agreement with the
City of San Rafael. Each property owner in said Underground Utility
District shall be responsible for the installation and maintenance
of the conduit and termination box located on, under or within any
structure on the premises served.
RESOLVED, FURTHER, that the City Clerk is hereby instructed
to notify all affected utilities and all persons owning real property
within said Underground Utility District of the adoption of this reso-
lution within ten (10) days after the date of such adoption. Said
City Clerk shall further notify said property owners of the necessity
that, if they or any person occupying such property desire to continue
to receive electric, communication or other similar or associated ser-
vice, they or such occupant shall, by the date fixed in this resolution,
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, subject to applicable rules, regulations and tariffs
of the respective utility or utilities on file with the Public Utilities
Commission of the State of California. Such notification shall be
made by mailing a copy of this Resolution together with a copy of said
Ordinance No. 905, to affected property owners such as are shown on
the last equalized assessment roll and to the affected utilities;
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RESOLVED, FURTHER, that the Council hereby finds as fol-
lows:
The Underground Utility District herein created is in
the general public interest for the following reasons that are preceded
by an "X":
(X) a. "The undergrounding to be accomplished will avoid
or eliminate an unusually heavy concentration of
overhead distribution facilities";
(X) b. "The streets, roads or rights of way in the District
are extensively used by the general public and
carry a heavy volume of pedestrian or vehicular
traffic";
(X) c. "The said streets, roads or rights of way adjoin
or pass through;
(X) 1. "a civic area"
( ) 2. "a public recreation area"
( ) 3. "an area of unusual scenic interest to the general public".
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a regular meeting of the Council
of said City held on the 15th day of August, 1988, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANCh. LEONCINI, City Clerk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING
REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVER-
HEAD UTILITY FACILITIES AND THE. INSTALLATION OF
UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
Section 1. Title 11, Chapter 11.28 of the San Rafael Municipal
Code entitled "Underground Utility Distr'_ct" is hereby amended to
read as follows:
CHAPTER 11.28
REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE
INSTALLATION OF UNDERGROUND FACILITIES IN UNDER-
GROUND UTILITY DISTRICTS
SECTIONS:
11.28.010 DEFINITIONS
11.28.020 PUBLIC HEARING BY COUNCIL
11.28.030 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS
BY RESOLUTION
11 .2b . OLEO UNLAWFUL ACTS
11.25.350 EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES
11.28.060 OTHER EXCEPTIONS
11.28.070 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANY
11.28.000 RESPONSIBILITY OF UTILITY COMPANIES
11.28.090 RESPONSIBILITY OF PROPERTY OWNERS
11.28.10 RESPONSIBILITY OF CITY
11.28.110 EXTENSION OF TIME
Section 11.28.010 DEFINITIONS. 4henever in this ordinance the
words or phrases hereinafter in this section defined are used, they
shall have the respective m,_�anir,;s assigned to them in the following
defil;itions:
(a) "Commission" shall mean the Public Utilities Commission
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of the State of California.
(b) "Underground Utility District" or "District" shall mean
that area in the City within which poles, overhead wires, and asso-
ciated overhead structures are prohibited as such area is described
in a resolL'tion adopted pursuant to the provisions of Section 11.28.030 of
this code.
(�) "Person" shall mean and include individuals, firms, cor-
porations. partnerships, and their agents and employees.
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(d) "Poles, overhead wires and associated overhead structures"
shall mean poles, towers, supports, wires, conductors, guys, stubs.
platforms, crossarms, braces. transformers, insulators, cutouts,
s},:itches, communication circuits, appliances, attachments and appur-
tenances located above -ground within a District and used or useful in
supplying electric, comminication or similar or associated service.
(e) "Utility" shall include all persons or entities supplying
electric, coml:iunication or similar or associated service by means of
electrical materials or devices.
Section 11.28.020 PUBLIC BARING BY COUNCIL. The Council may
fror:; tirr;e to tinge call public hearings to ascertain whether the
pLblic necessity, health. safety or welfare requires the removal of
poles, overhead wires and associated overhead structures within
deli-natedareas of the City and the under;round installation of wires
and facilities for supplying electric, communication, or similar or
associated service. The City Clerk shall notify all affected pro-
perty O%finers 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 interested shall be given an oppor-
tunity to be heard. The decision of the Council shall be final and
conclusive.
Section 11.28.030 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY
DISTRICTS BY RESOLUTION. If, after any such public hearing the Council
finds that the public necessity, health, safety or welfare requires
such removal and such underground installation within a designated area,
the Council shall, by resolution, declare such designated area an
Underground Utility District and order such removal and underground
installation. Such resolution shall include a description of the
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area comprisin7 such district and shall fix the tire within which
sL,ch removal and underground installation shall be accomplished
and within which affected property oriners must be ready to receive
°nderground service. A reasonable time shall be allowed for such
removal and underground installation, having due regard for the
availability of labor, materials and equipment necessary for such
removal and for the installation of such undergroLnd facilities as
may be occasioned thereby.
Section 11.28.0+0 UNLAWFUL ACTS, Whenever the Council creates
an Undergrouind Utility District and orders the removal of poles, over-
head wires and associated overhead structLxes therein as provided in
Section 11.28.030 hereof, it shall be unlawful for any person or
utility to erect, construct, place, keep, maintain, continue, employ
or operate poles, overhead wires and associated overhead structures
in the District after the date when said overhead facilities are re-
quired to be removed by such resolution, except as said overhead
facilities may be required to furnish service to an owner or occu-
pant of property prior to the perforrance by such owner or occupant
of the L:ndergroLnd work necessary for such owner or occupant to con-
tinue to receive utility service as provided in Section 11.28.090
hereof, and for such reasonable time required to remove said
facilities after said work has been performed, and except as other-
wise provided in this ordinance.
Section 11.28.050 EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES.
Notwithstanding the provisions of this ordinance, overhead facilities
may be installed and maintained for a period, not to exceed ten (10)
days, withoL,t authority of the Council in order to provide emergency
.3ervice. The Council may grant special permission, on such terms as
the Council may deep, appropriate, in cases of unusual circumstances,
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without discrimination as to any person or utility, to erect, con-
struct, install, maintain, use or operate poles, overhead wires and
associated overhead structures.
Section 11.28.060. OTHER EXCEPTIONS. This ordinance and any
resolution adopted pirsUant to Section 11.28.030 hereof shall, un-
less otherwise provided in such resolution, not apply to the following
types of facilities:
(a) Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the City Engineer.
(b) Poles or electroliers used exclusively for street
lighting.
(c) Overhead wires (exclusive of supporting structures)
crossing any portion of a District within which overhead wires have
been prohibited, or connecting to buildings on the perimeter of a
District, when such wires originate in an area from which poles,
overhead wires and associated overhead structures are not prohibited.
(d) Poles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal voltages
in excess of 34,500 volts.
(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 on the same lot without crossing any public
street.
(f) Antennae, associated equipment and supporting structures,
used by a utility for furnishing communication services.
(g) Lquipment appurtenant to underground facilities, such
as surface mounted transformers, pedestal mounted terminal boxes
and meter cabinets, and concealed ducts.
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(h) Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction pro-
jects.
Section 11.28.070. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
Within ten (10) days after the effective date of a resolution adopted
pursuant to Section 11.28.030 hereof, the City Clerk 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 affected property owners of the
necessity that, if they or any person occupying such property desire
to continue to receive electric, communication, or similar or asso-
ciated 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 loca-
tion, subject to applicable rules, regulations and tariffs of the
respective utility or utilities on file with the Commission.
Notification by the City Clerk shall be made by mailing a copy
of the resolution adopted pursuant to Section 11.28.030, together
with a copy of this ordinance, to affected property owners as such
are shown on the last equalized assessr:.ent roll and to the affected
utilities.
Section 11.28.080 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 11.28.030
hereof, the supplying utility shall furnish that portion of the conduits,
conductors and associated equipment required to be furnished by it under
its applicable rules, regulations and tariffs on file with the Commission.
Section 11.28.090 RESPONSIBILITY OF PROPERTY OWNERS.
(a) Every person owning, operating, leasing, occupying or
renting a building or structure within a District shall perform con-
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struction and provide that portion of the service connection on his
property between the facilities referred to in Section 11.28.080
and the termination facility on or within said building or struc-
ture being served, all in accordance with applicable rules, regula-
tions and tariff's of the respective utility or utilities on File
with the Commission.
(b) In the event any person owning, operating, leasing,
occupying or renting said property does not comply with the proCD
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visions of subparagraph (a) ofthe Section 11.28.090 within the
time provided for in the resolution enacted pursuant to Section
11.28.030 hereof, the City Engineer shall post written notice on the
property being served and thirty (30) days thereafter shall have the
authority to order the disconnection and removal of any and all over-
head service wires and associated facilities supplying utility ser-
vice to said property.
Section 11.28.100 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 there -
solution enacted pursuant to Section 11.28.030 hereof.
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ection 11.2 .110 EXTENSION OF TIME. In the event that any act
required by this ordinance or by a resolution adopted pursuant to
Section 11.28.030 hereof cannot be performed within the time provided
on account of shortage of materials, war, restraint by public authori-
ties, strikes, labor disturbances, civil disobedience, or any other
circumstances beyond the control of the actor, then the time within
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i%,Iaich such act will be accomplished shall be extended for a period
equivalent to the time of such limitation.
Section 2. REPEALED. Sections 11.28.120 and 11.28.030 of the
San Rafael Municipal Code are hereby repealed.
Section 3. PENALTY. It shall be unlawful for any person to
violate any provision or to fail tocomply with any of the require-
iients of this ordinance. Any person violating any provision of this
ordinance or failing to comply with any of its requirements shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding Five Hundred Dollars ($500.00)
or by imprisonment not exceeding sig: (6) months, or by both such
fine and imprisonment. Each such person shall be deemed guilty
of a separate offense for each day during any portion of which any
violation of any of the provisions of this ordinance is committed,
continued or permitted by such person, and shall be punishable
therefor as provided for in this ordinance.
Section it. CONSTITUTIONALITY. If any section, sub -section,
sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance. The Council hereby declares
that it would have adopted the ordinance and each section, sub-
section, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, sub -sections, sentences, clauses or
phrases be declared invalid.
Section 5. PUBLICATION. The City Clerk is hereby directed to
cause this ordinance to be published by one insertion in the
I NDEPENDENT JOURNAL a newspaper of general circulation
printed, published and circulated in City and hereby designated for
that purpose by the Council.
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Section 6. EFFECTIVE DATE. This ordinance shall take effect and be in
force thirty (30) days from and after its adoption.
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C. PAUL BETTINI
Mayor -City of San Rafael
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Attest:
W. CLIFFORDICORNWELL
City Clerk- ity of San Rafaedl
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The above and foregoing Charter Ordinance Number 905 was read and introduced
at a regular meeting of the Council of the City of San Rafael, held on the
15th day of April, 1963, and ordered passed to print by the following vote,
to -wit:
AYES: COUNCILMEN: Baar, Barbier, Jensen, Miskimen and Mayor Bettini
NOES: COUNCIL14EN: None
ABSENT:000NCILMEN: None
and will come up for adoption as an ordinance of the City of San Rafael at a
regular meeting of the Council to be held on the 6th day of May, 1968.
W. CLIFFORD CORNWELL
City,Clerk-City of Sar Rafael
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