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HomeMy WebLinkAbout93-165 - ResolutionsRESOLUTIC~ NO. 93-165 A RESOLUI~C~ OF ~HE CITY ~ OF THE CITY OF RAN(~O ~, CALIFf~N/A, FC~4ING t~D~ UTII.~TY AVeFOE TO ~ AVeFOE ~EAS, a public hearing was b~]d o~ August 18, 1993, at the hour of 7:00 p.m. at the City Hall Council (~m~mbers, 10500 Civic Oenter ~rive, Rar~ho Or~monga, Califcxnia, to det~_~rm~ne whether the public necessity, health, al(~lg ~ T.t~e ~oad from ~d Averse to ~mosa A~ue, Rancho Or~monga, California; and ~{EREAS, a notioe of such hearing bm~ been given to all affected propety owners as shown on the last equalized ~.~~nt roll and to all utilities concerned in the manner and f~r the time required by law; and ~{fREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard; NOW TH~REF-~RE, BE IT RESOLVED by the City Council of the City of ]%ancho O~7~morga, as follows: Section 1: It is hereby found and determired____ pursuant to Rancho Cucamonga Municipal Code Section 13.04 and the definitions contained herein that the public necessity, health, safety and w~lfare requires the formatio~ of an %~xgrcund utility district along Base Line Road frc~ Archibald Avenue to Hermoea Avenue, in order to remove utility poles, ~_d wires and associated structures and to ur~ utilities along said portion of Base L~ne Road. Said Base L~ne Road is a public street which is extensively used by the general public and carries a heavy volume of vehicular traffic. Section 2: An underground utility district to be knc~n as Ur~ Utility District No. 4 is hereby established in that area along Base L~ne PDad frc~ Archibald Avenue to Hermosa Avenue, Rancho (~, California, more particularly described as follows: Those portions of O,cAmgnga Hc~estead Association Map Book 6, Page 46; ParoelMap 9079MapBook95, Pages 3 and 4; ParcelMap 10884 Parcel MapBook 120, Pages 36 and 37; Tract No. 8919 Map Book 122, Pages 99 and 100; TractNo. 11350 Map Book 160, Pages 26 and 27 (Amended Map Book 171, pages 1 and 3); Tract Map 9449 Map Book 136, Pages 99 and 100; Tract No. 9451Map Book 132, Pages 33 and 34; Parcel Map 4251 Paroel Map Book 43, Pages 61 and 62; and Cucamonga Fruit Lands Map Book 4, Page 9; all records of the San BexT~xdino County Recorder, State of California lying within a strip of land 160 feet wide, the centerline of said strip is describedas: Beginning at the intersection of Archibald Avenue and Base Line Road; thence East alongthecenterline of Base L{neRoadtothe intersection withHermosaAven%~. Resolutic~ No. 93-165 The sidelines of said strip being parallel to said centerline and distant at right angles to said centerline of Base Line Road. The sidelines being le~ ~r shortened to terminate with the oenterlines of said Arch/bald Avenue and Hermosa Avenue. a. Un~ installation by utility Companies and the property owners and r~oc~ctions no later that August 1, 1994. b. R~m~al of poles, ~ wires and other associated structures no later than November 1, 1995. c. That the Southern California ~dison C~ utilizes ~ule 20A funds to %~d~xgrcund the first c~ (100) feet of servioe lateral f~r d. That the City of Rancho O~-~nga utilize City Beautification funds to c~plete the service cu~versio~s (i.e. pull can, terminals and meter modifications) for thoee property owners required to convert to un~. Section 4: The City Clerk is hereby directed to mail a copy hereof and a copy of Municipal Code Section 13.04 to all affected property owr~_rs as shown on the last equalized ~e~ent roll and to all affected utilities within ten (10) days after adoption of this resolution. PASSED, ~, and ADOPTED this 18th day of A3agust, 1993. Alexander, Buquet, Gutierrez, Stout, Williams Dei~-a J. ~'~,~'City Clerk Resolution No. 93-165 Page3 I, DFRRA J. ADAMS, CITY c~.WRK of the City of Rancho O~monga, California, do adopted by the City Council of the City of Rancho O~3a, California, at a regular meeting of said City Council held on the 18th day of August, 1993. Executed this 19th day of August, 1993, at Rancho O~monga, California. Resoluti~ No. 93-165 13.04.010 Title 13 PUBLIC SERVICES Chapters: 13.04 Underground Utility Districts Storm Drainage Plan Chapter 13.04 UNDERGROUND UTILITY DISTRICTS Sections: 13.04.040 13.04.050 13.04.060 13.04.070 13.04.080 13.04.090 13.04.100 13.04.110 13.04.120 13.04.010 Definitions. 13.04.020 Public hearing by council. 13.04.030 .Underground utility districts designated by resolution. Unlawful acts. Exception--Emergency or unusual circumstances. Other exceptions. Notice to property owners and utility com- panies. Responsibility of utility companies. Responsibility of property owners. Responsibility of city. Extension of time. Violation--Penalty. 13.04.010 Definitions. For the purposes of this chapter the following words and phrases shall have the meanings set out below: A. "Commission" means the Public Utilities Commission of the state. B. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees. C. "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 with a district and used or useful in supplying electric, communication or similar or associated service. D. "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 provi- sions of Section 3 of this ordinance. Besolution No. 93-165 13.04.020--13.04.030 E. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 11 ~1, 1978). 13.04.020 Public hearing by council. 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, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supply- ing electric, communication, or similar or associated service. 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 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. (Ord. 11 ~2, 1978). 13.04.030 Underground utility districts designated by resolution. A. If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such undergrou/~d 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. B. The council shall also make one-or more of ~he following findings: 1. That such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facili- ties; 2. The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; 3. The street or road right-of-way passes through a civic area or public recreation area or an area of unusual scenic interest to the general public. C. 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 must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of funds, labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 11 ~3, 1978). Resolution No. 93-165 13-04.040--13.04.060 13.04.040 Unlawful acts. Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13'.04.030, 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 required to be removed by such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of pro- perty prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.04.090, and for such reasonable time required to remove the facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 11 54, 1978). 13.04.050 Exception--Emergency or unusual circumstances. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the city engineer in order to provide emergency service. The city engineer may grant special permission, on such terms as deemed appro- priate, in cases of unusual circumstances, without discrimin- ation as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 11 55, 1978). 13.04.060 Other exceptions. In any resolution adopted pursuant to Section 13.04.030, the following are exempted unless specifically included in the resolution: A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city .engineer; B. Poles, or electrollers 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 thirty four thousand five hundred volts; E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extend- ing from one location on the building to another location on the same building or to an adjacent building without crossing any public street; Besolution No. 93-165 13.04.070--13.04.090 F. Antennae, associated equipment and supporting struc- tures, 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 project. (Ord. 11 $6, 1978). 13.04.070 Notice to property owners and utility com- panies. A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.04.030, 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. 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. - B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.04.030, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 11 57, 1978). .13.04.080 Responsibility of utility companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.04.030, the supplying utility shall furnish that portion of the conduits, conductors and asso-. ciated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 11 58, 1978). 13.04.090 Responsibility of property owners. A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 13.04.080 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 13.04.030, 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 ten days after receipt of such notice. Resoluti~ No. 93-165 13.04.090 B. The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Rancho Cucamonga. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. C. The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty days after receipt of such notice, the city engineer will provide such required underground facilities in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. D. If upon the expiration of the thirty day period, the said required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the city engineer may in lieu of providing the required facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the city engineer, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assess- ment of the cost of such work upon such premises, which time shall not be less than ten days thereafter. E. The city engineer shall, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the man~er provided in this chapter for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon the report and will hear protests ~ ?'lT'Tir T~1'IllJ Jl~Ji I Jl]JJ~q ]' -T .......... Resolution No. 93-165 13.04.100-13.04.120 against the assessment. Such notice shall also set forth the amount of the proposed assessment. F. Upon the date and hour set for the hearing of pro- tests, the council shall hear and consider the report and all protests, if there by any, and then proceed to affirm, modify or reject the assessment. G. If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to the treasurer a notice of lien on each of the properties on which the assessment h&s not been paid, and the treasurer shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six per- cent per annum. (Ord. 11 ~9, 1978). 13.04.100 Responsibility of city. The 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 ti~e specified in the resolution enacted pursuant to Section 13.04.030. (Ord. 11 $10, 1978). 13.04.110 Extension of time. In the event that any act required by this chapter or by resolution adopted pursuant to Section 13.04.030 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which the act will be accomplished shall be extended for a period equivalent to the time of the limitation. (Ord. 11 $11, 1978). 13.04.120 Violation--Penalty. It shall be 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 provision 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 punished by a fine not exceeding five hundred dollars or by imprison- ment not exceeding six 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 chapter is committed, continued or permitted by such person, and shall be' punishable therefor as provided for in this chapter. (Ord. i1 S12, 1978).