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HomeMy WebLinkAboutCC Resolution 15234 (Canal Street Underground Utility District)RESOLUTION NO. 15234 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL FORMING AN UNDERGROUND UTILITY DISTRICT ON CANAL STREET BETWEEN MEDWAY ROAD AND SPINNAKER POINT DRIVE AND DETERMINING SAID ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15302(c) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS WHEREAS, Chapter 11.28 of the San Rafael Municipal Code establishes a procedure for the creation of underground utility districts and requires the San Rafael City Council (“City Council”) to hold a 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 services in any such district; and WHEREAS, staff has recommended that such an underground utility district be formed within the area of the City of San Rafael described as follows: The area contained within the public right of way of Canal Street from Medway Road to Spinnaker Point Drive, as shown on the map attached hereto as “Exhibit A” entitled “Proposed Utility Underground District, Canal St from Medway Rd to Spinnaker Point Dr”, dated January 2023; and WHEREAS, San Rafael staff have had various meetings with representatives from affected utilities and the affected utilities have raised no objections to undergrounding overhead lines within the proposed district as shown in Exhibit A; and WHEREAS, at its regular meeting on June 20, 2023, the City Council held a public hearing to receive and consider public comments regarding the establishment of the proposed underground utility district and to ascertain whether public necessity, health, safety, or welfare requires undergrounding utilities within the proposed district as shown in Exhibit A; and WHEREAS, notice of the time and place of such hearing was provided by the City Clerk by mail to all affected property owners as shown on the last equalized assessment roll and to all affected utilities at least ten (10) days prior to the date of the hearing. NOW, THEREFORE BE IT RESOLVED, as follows: 1. The City Council finds that the public necessity, health, safety, and welfare requires the removal of poles, overhead wires and associated overhead structures of any utilities within the area depicted in Exhibit A and the underground installation of wires and facilities for supplying electric, communication or similar or associated services in the area, including the property owners’ service connections, in accordance with the provisions of Chapter 11.28 of the San Rafael Municipal Code. Exhibit A, which is the map entitled “Proposed Utility Underground District, Canal St from Medway Rd to Spinnaker Point Dr,” dated January 2023 and on file in the offices of the Department of Public Works City of San Rafael, is attached hereto and incorporated herein by reference. 2. The City Council finds that the creation of an underground utility district on Canal Street between Medway Road and Spinnaker Point Drive is in the public interest and will eliminate an unusually heavy concentration of overhead electric facilities, that Canal Street is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, that Canal Street adjoins or passes through a public recreation area and an area of unusual scenic interest to the general public. 3. Pursuant to Chapter 11.28 of the San Rafael Municipal Code, the City Council declares the area shown in Exhibit A to be an underground utility district and orders the removal of poles, overhead wires and associated overhead structures and the undergrounding installation of wires and facilities for supplying electric, communication or similar or associated services in that district within ten years following the adoption of this Resolution. 4. The City Clerk is directed to give all notices required by Chapter 11.28 of the San Rafael Municipal Code. WHEREAS, all existing overhead communication and electric distribution facilities in such district shall be removed; and WHEREAS, that each property served from such electric overhead facilities shall have installation in accordance with PG&’s rules for underground service, all electrical facilities changes on the premises necessary to receive service from the underground facilities of PG&E as soon as it is available; and WHEREAS, authorizing PG&E to discontinue its overhead service. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, the 20th day of June 2023, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Lindsay Lara, City Clerk