R 3896
RESOLUTION NO. 3896
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ESTABLISHING EAST GRAND AVENUE UNDERGROUND
UTILITY DISTRICT NO.6
WHEREAS, the City Council of the City of Arroyo Grande conducted a public hearing
on the 13th day of December, 2005, at the hour of 7:00 P.M. in the Council Chambers of
the City Hall, 215 E. Branch Street, Arroyo Grande, California, to ascertain whether the
public necessity, health, safety or welfare required 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. within
that certain area of the City of Arroyo Grande shown and described in the map entitled
"East Grand Avenue Utility Undergrounding" attached hereto as "Exhibit A" and made a
part hereof by reference; and
WHEREAS, notice of such hearing has been given to all affected property owners as
shown on the last equalized assessrnent roll and all 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
ARROYO GRANDE AS FOLLOWS: that pursuant to Chapter 16.72 of the Arroyo
Grande Municipal Code, the area of real property shown in "Exhibit A", is hereby
declared an Underground Utility District, and is designated as "East Grand Avenue
Underground Utility District NO.6 of the City of Arroyo Grande".
BE IT FURTHER RESOLVED that the Council does hereby fix, that after written notice
and demand delivered to property owners, said affected property owners must be ready
to receive services by June 2007, or at a later time as determined by the prime utility's
construction schedule, and the Council does hereby order the removal of all public
utilities of all poles, overhead wires and associated overhead structures and the
underground installation of said wires and facilities for supplying electriccornmunication,
or similar or associated service within East Grand Avenue Underground Utility District
NO.6 before September 2007.
BE IT FURTHER RESOLVED that the Director of Administrative Services/City Clerk is
hereby instructed to notify all affected utilities and all persons owning real property
within East Grand Avenue Underground Utility District No. 6 of the adoption of this
Resolution within ten (10) days after the date of such adoption. Said Director of
Administrative Services/City Clerk shall further notify said property owners of the
necessity that, if they or any person occupying such property desires to continue to
receive electrical, telecommunication or other sirnilar or associated service, 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 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 section of the Municipal Code, to affected property owners as such are shown on
the last equalized assessment roll and to the affected utilities.
RESOLUTION NO. 3896
PAGE 2
BE. IT FURTHER RESOLVED that the Council hereby finds, based on substantial
evidence in the record of these proceedings, that the reasons for creation of such
Underground Utility District are as follows:
1. The undergrounding to be accomplished will avoid or eliminate an unusually
heavy concentration of overhead distribution facilities,
2. The streets, roads, or rights-of-way in the District are extensively used by the
general public and carry a heavy volume of pedestrian and vehicular traffic
and said undergrounding will promote the orderly control of such traffic.
3. The said streets, roads or rights-of-way adjoin or pass through a civic area,
consequently, such underground is more efficient than any other method and
adds to the aesthetic appearance of the area so undergrounded.
On motion of Council Member Guthrie, seconded by Council Member Arnold, and on
the following roll call vote, to wit:
AYES:'
NOES:
ABSENT:
Council Members Guthrie, Arnold, Dickens, and Mayor Ferrara
None
Council Member Costello
the foregoing Resolution was passed and adopted this 13th day of December, 2005.
RESOLUTION NO. 38lflp
PAGE 3
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TONY F A, MAYOR -
ATTEST:
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KELLY ETM RE, CITY CLERK
APPROVED AS TO CONTENT:
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STEVEN ADAII1IS~ CITY MANAGER
APPROVED ASTO FORM:
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RESOLUTION NO. 3896
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 3896 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 13th day of December 2005.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of December 2005.
16.72.010
Chapter 16.72
UNDERGROUND UTILITIES
Sections:
16.72.010
16.72.020
16.72.030
16.72.040
16.72.050
16.72.060
16.72.070
16.72.080
16.72.090
16.72.100
16.72.110
16.72.120
16.72.010
Definitions.
Hearings.
Designation of
underground utility
districts.
Unlawful acts.
Exceptions-Emergencies
or unusual circumstances.
Other exceptions.
Notices to property owners
and utility companies.
Responsibility of utility
companies.
Responsibility of property
owners.
Responsibility of city.
Extension of time.
. Violations-Penalties.
Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as follows:
"Commission" means the public utilities
commission of the state.
"Person" means and includes individuals,
firms, corporation, partnerships, and their
agents and employees.
"Poles, overhead wires, and associated
overhead structures" means poles, towers,
supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers,
insulators, cutouts, switches, communication
circuits, appliances, attachments,' and
appurtenances located aboveground within a
district and used or useful in supplying electric,
communication, or similar' or associated
services.
"Underground utility district" or "district"
means that area in the city within which poles,
overhead wires, and associated overhead
structures are prohibited as such area is
described in a resolution adopted pursuant to
the provisions of Section 16.72.030 of this
chapter.
"Utility"means and includes all persons or
entities supplying electric, communication, or
similar or associated services by means of
electrical materials or devices. (Prior code ~ 9-
16.010)
16.72.020 Hearings.
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, oveFhead wires, and
associated overhead' structures within
designated areas of the city and the
underground installation of wires and facilities
for supplying electric, communication, or
similar or associated services. 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 interested shall be given an
opportunity to be heard. The decision of the
council shall be final and conclusive. (prior
code ~ 9-16.020)
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Designation of underground
utility districts.
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
areas, 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 area comprising
such district and shall fix the time within which
such removal and underground installation
shall be accomplished and within which.
affected property owners shall be ready to
receive underground services. A reasonable
time shall be allowed for such removal and
underground installation, having due regard for
the availability of the labor, materials and
equipment necessary for such removal and for
the installation of such underground facilities
as may be occasioned thereby. (Prior code ~9-
16.030)
16.72.030
16.72.040 Unlawful acts.
Whenever the council creates an
underground utility district and orders the
removal of poles, overhead wires, and
associated overhead structures, as set forth in
Se~tion 16.72.030 ofthis chapter, it is 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 such overhead facilities are required by
resolution to be removed, except such overhead
facilities as may be required to furnish services
to an owner or occupant of property prior to the
performance by such owner or occupant of the
underground work necessary for such owner or
16.72.030
occupant to continue to receive utility services
as set forth in Section 16.72.090 of this chapter,
and for such reasonable time required to
remove such facilities after such work has been
performed, and except as otherwise provided in
this chapter. (Prior code ~ 9-16.040)
16.72.050
Exceptions-Emergencies or
unusual circumstances.
Notwithstanding the provisions of this
chapter, overhead facilities may be installed
and maintained for a period, not to exceed ten
(10) days, without the authority of the council,
in order to provide emergency services. The
council may grant special pennission, on such
terms as the council may deem appropriate, 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. (prior code ~ 9-16.050)
16.72.060 Other exceptions.
The provisions of this chapter and any
resolution adopted pursuant to the provisions of
Section 16.72.030 of this chapter shall not.
unless otherwise provided in such resolution,
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, where such wires
originate in any area from which poles,
667
16.72.070
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
thirty-four thousand five hundred (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 without
crossing any public street;
F. Antennae, associated equipment, and
supporting structures" used by a utility for
furnishing communication services;
G. Equipment appurtenant to underground
facilities, such as surface-mounted
transformers, pedestal-mounted terminal boxes
. and meter cabinets, and concealed ducts; and
H. Temporary poles, overhead wires, and
associated overhead structures used or to be
used in conjunction with construction projects.
(Prior code ~ 9-16.060)
16.72.070 Notices to property owners
and utility companies.
Within ten (10) days after the effective date
of a resolution adopted pursu~t to the
provisions of Section 16.72.030 of this chapter,
the city clerk shall notify all affected utilities,
and all persons owning real property within the
district thereby created, of the adoption of the
resolution. The 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 associated
services, they or such occupant, shall provide
all necessary facility changes on their premises
so as to recei ve such services from the lines of
the supplying utilities at a new location, subject
to the applicable rules, regulations and tariffs of
the respective utilities on file with the
commission.
Such notification by the city clerk shall be
made by mailing a copy of the resolution
adopted pursuant to the provisions of Section
16.72.030 of this chapter, together with a copy
of the provisions of this chapter, to affected
property owners as they are shown on the last
equalized assessment roll and to the affected
utilities. (Prior code ~ 9-16.070)
16.72.080 Responsibility of utility
companies.
If underground construction is necessary to
provide utility services within a district created
by any resolution adopted. pursuant to the
provisions of Section 16.72.030 of this chapter,
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. (Prior code ~ 9-
16.080)
16.72.090
Responsibility of property
owners.
A. Every person owning, operating, leasing,
occupying or renting a building or structure
within a district shall perform construction and
provide that portion of the service connection
on his property between the facilities referred
to in Section 16.72.080 of this chapter and the
termination facility on or within such building
or structure being served, all in accordance
with the applicable rules, regulations, and
tariffs of the respective utilities on file with the
commission.
668
B. In the event any person owning,
operating, "leasing, occupying or renting such
property does not comply with the provisions
of subsection A of this section within the time
provided for in the resolution enacted pursuant
to the provisions of Section 16.72.030 of this
chapter, the city engineer shall post a written
notice on the property being served and thirty
(30) days thereafter shall ha~e the authority to
order the disconnection and removal of any and
all overhead service wires and associated
facilities supplying utility services to such
property. (Prior code ~ 9-16.090)
16.72.100 Responsibility of city.
The city shall remove at its own expense all
city-owned equipment from all poles required
by the provisions of this chapter to be removed
in ample time to enable the owner or user of
such poles to remove such equipment within
the time specified in the resolution enacted
pursuant to the provisions of Section 16.72.030
of this chapter. (Prior code ~ 9-16.100)
16.72.110
Extension of time.
In the event any act required by the
provisions of this chapter, or by a resolution
adopted pursuant to the provisions of Section
16.72.030 of this chapter, cannot be performed
within the time provided on account of
shortages of materials, war, restraint by public
authorities, strikes, labor disturbances, civil
"disobedience, or any other circumstances
beyond the control of the actor, the time within
which' such act shall be accomplished shall be
extended for a period equivalent to the time of
such limitation. (Prior code ~ 9-16.110)
16.72.100
16.72.120
Violations--Penalties.
It is unlawful for any person to violate any
provision or to fail to comply with any of the
requirements of this chapter. Any person
violating any of the provisions of this chapter,
or failing to comply with any of its
requirements, shall be deemed guilty of a
misdemeanor and, upon conviction thereof,
" shall be punishable as set forth in Chapter 1.16.
(Prior code ~ 9-16.120)
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