HomeMy WebLinkAboutResolution - 3364 STATE OF CALIFORNIA ) RESOLUTION NO. 3364
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO AUTHORIZING UNDERGROUND
INSTALLATION OF OVERHEAD UTILITY WIRES AND
RELATED FACILITIES AND ESTABLISHING SAN
JACINTO AVENUE UNDERGROUND UTILITY DISTRICT
WHEREAS, pursuant to the California Streets and Highways Code and Chapter
12.16 of the San Jacinto Municipal Code, the City of San Jacinto is authorized to
establish an underground utility district in order to facilitate the underground installation
of overhead utility wires and related facilities; and
WHEREAS, by Resolution No. 3364, the City Council held a public hearing on
February 15, 2011, to determine 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 services within an area of the City more specifically described
below and hereinafter referred to as the "Designated Area"; and
WHEREAS, notice of the public hearing was mailed to all affected utilities and
affected property owners as shown on the last equalized assessment roll; and
WHEREAS, at the public hearing, the City Council received a report prepared by
the City Engineer regarding underground installation of overhead utility wires and
facilities in the Designated Area (the "Report") which contained, among other
information; the extent of participation by necessary utility companies and an estimate
of time required to complete the underground installation and removal of overhead utility
wires and related facilities; and
WHEREAS, at the public hearing, the City Council heard and considered
comments from all interested persons regarding the proposed underground installation
of utility wires and facilities in the Designated Area; and
WHEREAS, City staff have consulted with the utility companies that will be
affected by the undergrounding of wires and facilities within the Designated area-
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN JACINTO:
Section 1. Findings. Based on all of the evidence presented, including the
Report and all written and oral testimony given at said public hearing, the City Council
finds that:
(a) The public necessity, health, safety, and welfare require the removal of poles,
overhead wires and associated structures and the underground installation of
wires and facilities for supplying electric service and communications service
within the Designated Area, as described below:
(b) Underground installation of existing wires and facilities for supplying electric
service in the Designated Area will avoid or eliminate an unusually heavy
concentration of overhead electric facilities;
(c) San Jacinto Avenue is extensively used by the general public and carries a
heavy volume of pedestrian and vehicular traffic;
(d) San Jacinto Avenue is considered an arterial street or major collector road, as
identified in the mandatory circulation element of the City general plan; and
(e) San Jacinto Avenue passes through a civic area and public recreation area in
the form of City Hall and Hoffman Park.
Section 2. Designated Area. The Designated Area generally includes both
sides of San Jacinto Avenue from Main Street to 50' north of centerline of P Street,
and is more particularly depicted in Exhibit "A" (Map of District Boundaries), which is
attached hereto and incorporated herein by reference.
_ Section 3. Establishment of District. The City Council hereby declares the
Designated Area as San Jacinto Avenue Underground Utility District (the "District").
Section 4. Underground of Utilities. The City Council hereby orders that all
affected utility poles, wires and facilities in the District be removed and installed
underground. The Council further orders that such removal and underground
installation shall be completed by December 1 , 2011.
Section 5. Exceptions. The following shall be exempt from the provisions of
this Resolution:
A. Any municipal facilities or equipment installed under the supervision 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 protion of a
district within which overhead wires have been prohibited, or connecting to
buildings on the perimeter of a district, which 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 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 furface-mounted
transformers, pedestal-mounted terminal boxes and meter cabinets, and
concealed ducts;
H. Temporary poles, overhead wires and associated overhead structures used
or to be used in conjunction with construction projects.
I. Overhead facilities for emergency purposes pursuant to San Jacinto
Municipal Code Section 12.16.060.
Section 6. Costs. The City Council orders that the affected utilities shall
furnish, at their cost, those portions of the conduits, conductors and associated
equipment required to be furnished by them, for their subject utilities, under all
applicable rules (including California Public Utilities Commission Rule 20A), regulations
and tariffs or in accordance with their contractual obligations to the City of San Jacinto.
Section 7. Notification of Action. Within ten days after the effective date of
this Resolution, the City Clerk shall notify all affected utilities and all persons owning
real property within the District of the adoption of this Resolution. The City Clerk shall
further notify such affected property owners of the necessity that, if they are any person
occupying such property desire to continue to receive electric, 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. Notification by the City Clerk shall be made by mailing a copy
of this Resolution, together with a copy of Chapter 12.16 of the San Jacinto Municipal
Code, to affected property owners as such as shown on the last equalized assessment
roll and to the affected utilities.
Section S. Responsibilities of Utilities. Unless provided otherwise in the
Report, which is incorporated by reference herein, 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 9. Responsibilities of Property Owners. Unless provided otherwise
in the Report, in the event that any person owning, operating, leasing, occupying or
renting property within the District does not timely provide all necessary facility changes
on their premises so as to receive such service from the lines of the supplying utility at
the new location, the City Engineer shall give notice in writing to the person in
possession of such premises, and a 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. Such notice shall be provided pursuant to
San Jacinto Municipal Code Section 12.16.100. If such work is not performed within
such time, thereafter the City Engineer may authorize the disconnection and removal of
any and all overhead service wires and associated disconnection and removal of any
and all overhead service wires and associated facilities supplying utility service to the
property. The City hereby reserves its rights under California Government Code
Section 38793, including the right to have the costs of removal of existing utility lines
and preparation for acceptance of underground utility lines constitute a special
assessment against the affected property and become a lien against the property.
Section 10. Discontinuance of Overhead Utility Service. Upon the
completion of the necessary improvements for the provision of utility service by means
of underground lines and facilities, the public utilities providing services affected by this
Resolution may discontinue the provision of service using overhead lines and facilities.
Section 11. CEQA. The City Council hereby determines that the adoption of
this Resolution, as well as the undergrounding work to be performed, is exempt from
further review pursuant to State and Local CEQA guidelines section 15302, Class 2(d),
conversion of overhead electric utility distribution system facilities to underground
including connection to existing overhead electric utility distribution lines where the
surface is restored to the condition existing prior to the undergrounding. Staff is
directed to file a Notice of Exemption within three (3) business days following the
adoption of this Resolution.
Section 12. Effective Date. This resolution shall become effective upon its
adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
this 15T" day of February, 2011 by the following vote:
Ayes: Bartel, Di Memmo, Kotyuk, Ledezma, Miller
Nays: None
Absent: None
Abstain: None
City of San Jacinto
Scott Miller, Mayor
ATTEST:
Rick hiller, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
J ey . Ballinger, City Attorney
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