Loading...
HomeMy WebLinkAboutResolution - 3214 STATE OF CALIFORNIA ) RESOLUTION NO. 3214 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 SOUTHERN CALIFORNIA EDISON RULE 20A UNDERGROUND UTILITY DISTRICT NO. 1 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. 2008-_, the City Council held a public hearing on November 20, 2008 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: Page 1 of 6 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 7"' 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 Southern California Edison Rule 20A Underground Utility District No. 1 (the "District'). Section 4. Underarounding 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 S. Exceptions. The following shall be exempt from the provisions of this Resolution: 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 Page 2 of 6 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 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; 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 or 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 are shown on the last equalized assessment roll and to the affected utilities. Section 8. 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 Page 3 of 6 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 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. Page 4 of 6 PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council this 20t' day of November, 2008 by the following vote. Ayes: Carlson, Mansperger, Potts, Stubblefield, Ayres Nays: None Absent: None Abstain: None G i r'" City of San Jacinto u' !A I . By im Ayre ayor ATTEST: orothy L. ouinard, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Jeffr . Balling City Attorney Page 5 of 6 EXHIBIT "A" MAP OF DISTRICT BOUNDARIES Page 6 of 6 San Jacinto Road Proposed R20A, California, United States I�II- aia�t-.,�, s Boundry: _ *San Jacinto Road-Main to north of 7th St. *100 Feet from Center line *Dwg not to scale 'Alt Imaw *Includes pole a comer of San Jacinto,Main &Ramona Blvd 4 . i �5 nY vt d, Boundry 100 from Center Line nip glfTllOh�a~ 'Y i 5 Center Une & .259 mt_ F 0 yds 100 200 300 400 CapyrightO and(P)1986-2007 Microsoft Corporation and/or Its suppliers.All rights reserved,hltpJMv .microsoRcoMstreeml Certain mapping and direction data 02007 NAVTEQ.AJI rights reserved.The Data for areas at Canada Includes Information taken with permission from Canadian authorities,including:0 Her Majesty the Queen in Right of Ce Ontario.NAVTEO and NAVfEO ON BOARD am trademarks of NAVTEO.02007 Tab ABaa North America,Inc.All rights mserved.Tele Atlas and Tale Atlas North America am trademarks of Tale Atlas,Inc.