HomeMy WebLinkAboutAGENDA REPORT 1991 0821 CC REG ITEM 11BMOORPARK
799 Moorpark Ave -.;e Moorpark California 9302.1
H E M O R ,*,. N D U
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public works
(805) 529 -6864
JORPARK, CALIFORNIA
City Council Meeflng
of_0�_199 �
ACTIO
M _
DATE: August 16, 1991 (Council Meeting 8- 21 -91)
SUBJECT: Discussion of P.U.C., Rule 20A and the
Possible Designation of Candidate Areas
for the Undergroundi.ng of Overhead Utilities
OVERVIEW
H
This presents a discussion of the process to be followed when
considering the possible undergrounding overhead utilities.
This report discusses 1) the role of Rule 20A of the California
Public Utility Commission in funding undergrounding projects;
2) the legal procedures used by municipalities in undertaking
such projects; and 3) a discussion of possible candidate areas
to be considered in determining the location(s) of
undergrounding projects.
BACKGROUND
In 1968 the Public Utilities Commission (PUC) of the State of
California established Rule 20A (Exhibit "A") requiring
electrical utility companies to set aside money for the
undergrounding of overhead utility facilities. Pursuant to this
rule electrical utility companies allocate these set -aside
monies to counties and cities on the basis of a pre - determined
formula. Public agencies may elect to make use of the Rule 20A
funds it has accrued by directing the electrical utility company
to place designated overhead electrical facilities underground.
According to these rules, any telephone or cable television
company having facilities which occupy the poles to be removed,
must place their facilities underground (at their cost) in
conjunction with the effort f the electrical utility's
undergrounding project.
PAUL W_ LAWRASON JR BERNARDO M PEREZ SC U' ANT A( M[ ��i' HOY E TALLEY JR JOHN E WOZN.a-<
Mayor Mayor Pro em nr nl a" Councilma.mber Counc lmemn -
Underground Utilities
August 21, 1991
Page 2
A. RULE 20A FUNDS
1. Accruals to Date: A summary of available Rule 20 A
accruals to date is as follows:
* No accrual shown for this year. Staff will
verify and confirm that no accrual for a
portion of 1983 is required.
Rule 20A accruals are entitlement. As such they do not
earn any interest. It is possible in some cases to draw
on future entitlement and proceed with a project with an
estimated cost in excess of the accruals to date.
2. Formula Change: As you can see, the amount of the annual
accrual increased significantly in 1990. This is the
result of a change in the formula used to allocate the
funds. Prior to the change, accruals were based solely on
the number of overhead services in the City. Now the
formula also includes consideration of a portion of
underground services as well.
3. Use Criteria: Rule 20A funds can be used for any project
which is at least 600 feet in length and found to ;meet one
or more of the following criteria:
a. Undergrounding will avoid or eliminate an unusually
heavy concentration of overhead electrical facilities.
b. The street is extensively used by the general public
and carries a heavy volume of pedestrian or vehicular
traffic.
c. The street is through :j-vic area or is a scenic
route.
Total To
Year
Amount j_$ 1
Date (S-)
1983
1984
6,281
6,281
1985
9,21.5
15,496
1986
10,208
25,704
1987
11,163
36,867
1988
12,867
49,734
1989
13,454
63,188
1990
45,056
108,244
1991
47,404
155,648
* No accrual shown for this year. Staff will
verify and confirm that no accrual for a
portion of 1983 is required.
Rule 20A accruals are entitlement. As such they do not
earn any interest. It is possible in some cases to draw
on future entitlement and proceed with a project with an
estimated cost in excess of the accruals to date.
2. Formula Change: As you can see, the amount of the annual
accrual increased significantly in 1990. This is the
result of a change in the formula used to allocate the
funds. Prior to the change, accruals were based solely on
the number of overhead services in the City. Now the
formula also includes consideration of a portion of
underground services as well.
3. Use Criteria: Rule 20A funds can be used for any project
which is at least 600 feet in length and found to ;meet one
or more of the following criteria:
a. Undergrounding will avoid or eliminate an unusually
heavy concentration of overhead electrical facilities.
b. The street is extensively used by the general public
and carries a heavy volume of pedestrian or vehicular
traffic.
c. The street is through :j-vic area or is a scenic
route.
Underground Utilities
August 21, 1991
Page 3
One of the more significant aspects of the undergrounding of
overhead utility facilities is the conversion of the
electrical, telephone and cable television aerial service
drops to each affected customer. The authority for requiring
such conversions rests with the local authority (city or
county). Such authority comes from an ordinance adopted
pursuant to Section 5896.1 et. seq. of the Streets and
Highways Code of the State of California (Exhibit "B ").
When adopted, such an ordinance sets forth procedures to be
followed to establish Underground Utility Districts. These
procedures require the notification of affected properties of
public hearings at which such action is to be considered.
When and if established, properties situated within the
boundaries of an Underground Utility District can be required
to convert their service lateral to underground at the cost
of the property owner. This does not preclude the City from
absorbing these costs if it chose to do so.
One of the recommendations contained in this report is to
direct staff to prepare such an ordinance. An example is
attached as Exhibit 'C'.
A general description of the steps required to undertake an
undergrounding project are summarized as follows:
1. Select the "targeted" prciect area(s);
2. Perform a preliminary assessment of the scope and cost of
the proposed project;
3. Verify adequate available Iule 20A accruals;
4. Determine the number (if i.iny � of electrical and other
utility services which wi 'Ll have to be converted to
underground;
Underground Utilities
August 21, 1991
Page 4
ly�r..: a ' • : • • .
5. Determine if the cost of such conversions should be borne
by property owners pursuant to the regulations which
govern the establishment of an Underground Utility
District;
6.
Adopt (if necessary) an ordinance dealing with
the
conversion of overhead utility service laterals
underground service laterals;
to
7.
Conduct public hearings and/or town hall meetings for
affected properties to explain the
the
project And
obligations (if any) of the property owners;
the
8.
Advise the Southern California Edison Company of
location(s) of the
the
undergrounding project, and direct them
to proceed with the design of the project;
9.
Advise other utilities companies having facilities on
poles to be
the
removed, of the required undergrounding
their facilities;
of
10.
Coordinate the design efforts of the utilities and
accompanying City project;
any
11.
Coordinate the construction efforts; and,
12. Provide the community relation efforts required to address
the problems which Often arise from service lateral
conversions to underground services.
•� L � � � zrrtlA ;��f 7 :� 7
Staff has met with representatives of Southern California
Edison Company to determine the location and type of overhead
utilities in the City. The attached maps (Exhibit IDI) show
the location of both overhead 66 KV transmission lines and
overhead distribution facilitiP�s
Underground Utilities
August 21, 1991
Page 5
�M A + ! - a 1T o.
Although Rule 20A accruals can be used for the undergrounding
of transmission lines, the most cost effective use of these
monies is to apply them to the undergrounding of distribution
facilities. The overhead facilities which distribute power
to individual customers normally carry less voltage than
transmission lines and are, therefore, less expensive to
place underground. The estimated cost for undergrounding an
overhead distribution system is approximately $75 per linear
foot. The estimated cost for undergrounding an overhead 66
KV transmission line can be over $300 per linear foot.
A list of possible areas to be considered as candidates for
the underground of utilities is listed below. Those areas
are show on maps attached as Exhibit 'E.' The suggested
study areas are as follows:
Location
I- Spring Road: from Charles Street to New Los
Angeles Avenue
Note: Effort could include Flinn
Avenue and Minor Street
II• Bard Street: from Charles Street to the south
line c,f the Railroad Right -of -Way
III• Moorpark Ave: from Casey Rd to First Street
IV' Community Including future parksite
Center:
V. Avenida all lines south of Los Angeles
Colonia: Avenue
VI! Peach Hill Rd: from Mesa Verde to a point south of
Tierra Rejada Rd
VII. Wm Ranch Rd: west: 01` Peach. Hill Rd
VIII. Vista Levana: all lane along the rear
property
lines on Vista Levana and Bonita
Height
Underground Utilities
August 21, 1991
Page 6
Staff recommends that the Cite Council take the following
actions:
1. Direct staff to prepare an ordinance pertaining to the
establishment of Underground Utility Districts; and,
2. Direct staff to prepare a cost and feasibility analysis of
one or more of the candidate areas.
t'I'" g\T ' A`
Southern California Edison Revised Cal. PUC Sheet No. 12200 -E
Rosemead, California
Ca°celling Revised Cal. PUC Sheet No. 11841 -E
Rule 20
Sheet 1 of 6
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
A. The Utility will, at its expense, replace its existing overhead electric
facilities with underground electric facilities along public streets and
roads, and on public lands and private property across which rights -of -way
satisfactory to the Utility have been obtained by the Utility, provided
that:
1. The governing body of the city or county in which such electric
facilities are and will be 'ocated has:
a. Determined, after consultation with the Utility and after holding
public hearings on the subject, that such undergrounding is in the
general public interest for one or more of the following reasons:
(1) Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead electric facilities;
(2) The street or road or right -of -way is extensively used by the
general public and carries, a heavy volume of pedestrian or
vehicular traffic_. nd
(3) The street or road .)r right -of -way adjoins or passes through a
civic area or public recreation area or an area of unusual
scenic interest to he general public.
b. Adopted an ordinance creating an underground district in the area
in which both the exiting and new facilities are and will be
located requiring, amc,ng other things, (1) that all existing
overhead communication and electric distribution facilities in
such district shall be - emoved, (2) that each property served from
such electric overhead facilities shall have installed in
accordance with the Ut lity's rules for underground service, all
electrical facility changes on the premises necessary to receive
service from the underground facilities of the Utility as soon as
it is available, and i3 au *_horizing the Utility to discontinue its
overhead service.
(To be inserted by utility)
Advice 870 -E
nnrision 90 -05 -037
( ontinued)
ssued by (To be inserted by Cal. PUC)
Ronald Dani_-1_s_ Date Filed June 1, 1990
Fffartivo Tuly ii loon
Southern California Edison
Rosemead, California
Revised Cal. PUC Sheet No. 12201 -E
Clan( elIing Revised Cal. PUC Sheet No. 11841 -E
& 11842 -E
YxxI�)r �
Rule 20
Sheet 2 of 6
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
K 3ntinued
A. (Continued)
2. The Utility's total annual budgeted amount for undergrounding within
any city or the unincorporated area of any county shall be allocated
as follows:
a. The amount allocated to each city and county in 1990 shall be the
highest of:
I. The amount allocated to the city or county—in 1989, which
amount shall be allocated in the same ratio that the number of
overhead meters in such city or unincorporated area of any
county bears to the 'otal system overhead meters; or
2. The amount the city or county would receive if the Utility's
total annual budgeted amount for undergrounding provided in
1989 were allocated in the same ratio that the number of
overhead meters in each city or the unincorporated area of
each county bears tc the total system overhead meters based on
the latest count of overhead meters available prior to
establishing the 199Q allocations; or
3. The amount the city or county would receive if the Utility's
total annual budgeted amount for undergrounding provided in
1989 were allocated s follows:
a. Fifty percent of the budgeted amount allocated in the same
ratio that the number of overhead meters in any city or the
unincorporated a °ea of ary county bears to the total system
overhead meters, and
b. Fifty percent of the budgeted amount allocated in the same
ratio that the otal number of meters in any city or the
unincorporated i< ea )f ary county bears to the total syster.
meters.
(To be inserted by utility)
Advice 870 -E
nori�in„ an- nq -n�?
(Continued
I,sued by
Ronald Daniels
(To be inserted by Cal. PUC)
Date Filed June 1, 1990
Fffartivo .liily 11 1 Qc^
I
Southern California Edison Revised Cal. PUC Sheet No. 12202 -E
Rosemead, California
Can( ll,ng Revised Cal. PUC Sheet No. 11842 -E
� -ule 20
EX_ ' f\ k
Sheet 3 of 6
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
(C( it i hued )
A. (Continued)
2. (Continued)
b. Except as provided in Section 2.c., the amount allocated for
undergrounding within any city or the unincorporated area of any
county in 1991 and later years shall use the amount actually
allocated to the city or county in 1990 as the base, and any
changes from the 1990 level in the Utility's total annual budgeted
amount for undergrounding shall be allocated to. individual cities
and counties as follows:
1. Fifty percent of the change from the 1990 total budgeted amount
shall be allocated in the same ratio that the number of
overhead meters in any city or unincorporated area of any
county bears to the °otal system overhead meters.
2. Fifty percent of the change from the 1990 total budgeted amount
shall be allocated i,i the same ratio that the total number of
meters in any city )f the unincorporated area of any county
bears to the total s stem meters.
c. When a city incorporates resulting in a transfer of utility meters
from the unincorporated area of a county to the city, there shall
be a permanent transfer of a prorata portion of the county's 1990
allocation base referrer: to in Section 2.b. to the city. The
amount transferred shall be determined:
1. Fifty
percent
based on
the ratio that the number of overhead
meters
in the
city oay-
to the total system overhead meters;
and
2. Fifty
percent
based on
the ratio that the total number of
meters
in the
city bars
to the total system meters.
When territory is an <iexed to an existing city, it shall be the
responsibility of thF, city and county affected, in consultation
with the Utility ser,,,ing the territory, to agree upon an amount
of the 1990 al 1 ocat ., -)n base that wi 11 be transferred from the
county to the r_it_. and thereafter to jointly notify the
Utility in writing
(To be inserted by utility)
Advice 870 -E
Decision 90 -05 -032
i( ntinued"
I• ,sued by (To be inserted by Cal. PUC)
Ronald Daniels_ Date Filed June 1, 1990
Effective July 11, 1990
I
Southern California Edison Revised Cal.. PUC Sheet No. 12203 -E
Rosemead, California
Cancelling Revised Cal, PUC Sheet No. 11842 -E
Rule 20
1 -X _ , A
Sheet 4 of 6
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
( C(intinued)
A. (Continued)
2. (Continued)
d. However, Section 2.a, b, and c, shall not apply to any utility
where the total amount available for allocation under Rule 20 -A is
equal to or greater than 1.5 times the previous year's statewide
average on a per customer basis. In such cases, the Utility's
total annual budgeted amount for undergrounding within any city or
the unincorporated area of any county shall be. allocated in the
same ratio that the number of overhead meters in the city or
unincorporated area of any county bears to the total system
overhead meters.
e. The amounts allocated in accordance with Section 2.a, b, c, or d,
may be exceeded where the Utility establishes that additional
participation on a project is warranted. Such allocated amount may
be carried over for a reasonable period of time in communities with
active undergrounding programs. In order to qualify as a community
with an active undergrounding program, the governing body must have
adopted an ordinance or ordinances creating an underground district
and /or districts as set forth in Section A.l.b. of this Rule.
Where there is a carry -over, the Utility has the right to set, as
determined by its capability, reasonable limits on the rate of
performance of the work to be financed by the funds carried over.
When amounts are not expended or carried over for the community to
which they are initially allocated, they shall be assigned when
additional participation on a project is warranted or be
reallocated to communities with active undergrounding programs.
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 870 -E Ronald Daniels Date Filed June 1, 1990
Decision 90 -05 -032 Effective July-11, 1990
s
Southern California Edison �evised Cal. PUC Sheet No. 12204 -E
Rosemead, California
Car:::eliing Revised Cal. PUC Sheet No. 11842 -E
Rule 20
.EA _ , A .
Sheet 5 of 6
REPLACEMENT OF OVERHEAD WI_1H UNDERGROUND ELECTRIC FACILITIES
C ,.inti nued i
A. (Continued)
3. The undergrounding extends °nor a minimum distance of one block or 60b
feet, whichever is the lesse -.
Upon request of the governing body, the Utility will pay for the
installation of no more than 100 feet of each customer's underground
electric service lateral occasioned by the undergrounding. The
governing body may establish a smaller footage allowance, or may limit
the amount of money to be expended on a single customer's electric
service, or the total amount to be expended on all electric service
installations in a particul,- project_.
B. In circumstances other than those covered by A above, the Utility will
replace its existing overhead electric facilities with underground
electric facilities along public streets and roads or other locations
mutually agreed upon when reque,ted by an applicant or applicants when all
of the following conditions are yet
I. a. All property owners served from the overhead facilities to be
removed first agree in 4riting to have the wiring changes made on
their premises so that service may be furnished from the
underground distribution system in accordance with the Utility's
rules and that the Ut lity may discontinue its overhead service
upon completion of the iderground facilities, or
b. Suitable legislation is in effect requiring such necessary wiring
changes to be made and iuthori,ing the Utility to discontinue its
overhead service.
(( ontinued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 870 -E _Ronald Daniels Date Filed June 1, 1990
Decision 90 -05 -032 i Effective July 11, 1990
t
Southern California Edison Revised Cal. PUC Sheet No. 12205 -E
Rosemead, California
CarF:elling Revised Cal. PUC Sheet No. 11843 -E
Rule 20
U - , r \,
Sheet 6 of 6
REPLACEMENT OF OVERHEAD, WI_M UNDERGROUND ELECTRIC FACILITIES
(( WAnued)
B. (Continued)
2. The applicant has:
a. Furnished and installed the pads and vaults for transformers and
associated equipment, conduits, ducts, boxes, pole bases and
performed other work related to structures and substructures
including breaking of pavement, trenching, backfilling, and
repaving required in connection with the installation of the
underground system, all in accordance with UtA T -ity's specifica-
tions, or, in lieu thereof, paid the Utility to do so;
b. Transferred ownership oF such facilities, in good condition, to
the Utility; and
c. Paid a nonrefundable sum equal to the excess, if any, of the
estimated costs, exclusive of transformers, meters, and services,
of completing the underground system and building a new equivalent
overhead system.
3. The area to be undergrounded includes both sides of a street for at
least one block or 600 feet, whichever is the lesser, and all existing
overhead communication and ylectric distribution facilities within the
area will be removed.
C. In circumstances other than those covered by A or B above, when mutually
agreed upon by the Utility and an applicant, overhead electric facilities
may be replaced with underground electric facilities, provided the
applicant requesting the change pays, in advance, a nonrefundable sum
equal to the estimated cost of the underground facilities less the
estimated net salvage value and depreciation of the replaced overhead
facilities. Underground services will be installed and maintained as
provided in the Utility's rules ipplicabNe thereto.
D. The term "underground electric system" means an electric system with all
wires installed underground, except those wires in surface mounted
equipment enclosures.
(10 be inserted by utility)
Advice 870 -E
Decision 90 -05 -032
Q111 P,2n 12
Issued by
Ronald Daniels
Virc, Prr-Odr.nt
(To be inserted by Cal. PUC)
Date Filed June 1, 1990
Effective July 11, 1990
Racnl lit inn
§ 5896.1 THE IMPROVEMENT ACT OF 1911 Div. 7
Chapter 28
CONVERSION OF EXISTING OVERHEAD ELECTRIC
AND C011,iA1UNICATION FACILITIES TO
UNDERGROUND LOCATIONS
Sec-
5896.1 Legislative findings and declaration.
5896.2 Definitions.
5896.3 Authorization -
5896.4 Procedure; applicability of division; alternative authority.
GBDG.: initiation of proceedings by petition; contents.
5896.6 Number of signatures required.
5896.7 Filing petition; check; presentation to legislative body.
5896.8 Resolution of intention.
5896.9 Agreement between city and public utility or public agency sup
plying electric or communication service.
5891G.10 Performance of work by public utility or public agency; required
provisions of resolution; enforcement of assessments and
bonds; payments on assessments.
5896.11 City furnishing electric or communication service; price for per -
formance of work or improvement; inapplicability of bidding
requirements of division.
*apter not to relieve city or public agency from competitive
bidding requirements imposed by applicable charter or statu
`d" provision
rerformance of work by city or agency thereof; delivery of war-
rant, assessment and diagram and bonds to city; enforcement
�a4R 14 work to be done at expense of owner of lot or parcel; request by
owner.
:1896.15 Time for filing request.
.. „ ,,,,i in n 6, owner.
6n96.17 D18cOn7lectIon of facilities of noncomplying owners_: notice of
disconnection-
Chapter 28 uas added by Stats.1966, Ist Ex.Sm., c.
101, p. 565, § 1.
§ 5896.1 Legislative findings and declaration
The Legislature finds that in many areas of the state landown-
ers, cities, public agencies and public utilities desire to convert exist-
ing overhead electric and communication facilities to underground lo-
cations by means of special assessment proceedings. 721e Legislature
hereby declares that a public purpose will be served by providing a
procedure to accomplish such conversion and that it is in the public
interest to provide for such conversion by proceedings taken pursuant
to this division.
(Added by Stats.1966, 1st Ex.Sess., c. 104, p. 565, § L)
Library Refereac"
Munldpal Corporations 4-412 C1.J.S. Municipal Corporations 11 1302 et
seq.
354
Pt. 3 OVERHEAD FACILITIES § 5896.2
5896.2 Dcrinitions
As used in this chapter the following words and phrases (and
any variants thereof) shall mean:
"Communication service" means the transmission of intelligence
by electrical means, including, but not limited to, telephone, tele-
graph, messenger -ca11, clock, police, fire alarm and traffic control cir-
cuits and circuits for the transmission of standard television or ra-
dio signals.
"Convert" or "conversion" means the removal of all or any part
of any existing overhead electric or communication facilities and the
replacement thereof with underground electric or communication fa-
�ilities constructed at the same or different locations.
"Electric service" means the distribution of electricity for heat,
light or power.
"Electric or commumication facilities" means any works or im-
provements used or useful in providing electric or communication serv-
ice, including, but not limited to, poles, supports, tunnels, manholes,
vaults, conduits, pipes, mires, conductors, guys, stubs, platforms, cross -
arms, braces, transformers, insulators, cutouts, switches, capacitors,
meters, communication circuits, appliances, attachments and appurte-
nances, other than those owned or used by, or provided for, any rail-
road or pipeline, and located upon or above the right -of -way of such
railroad or pipeline. "Electric facilities" shall not include ar. facilf
f ies used or intended to be used for the transmission of electric ener-
;' at nominal voltages in excess of 35,000 volts-
"Overhead electric or commimication facilities" means electric or
-nmmunication facilities located, in whole or in part, above the sur-
fnce of the ground.
"Undergrotmd electric or communication facilities" means electric
or communication facilities located, in whole or in part, beneath the
surface of the ground.
"Public agency" means any city, county, special district or public
corporation (other than the one conducting the proceedings) that
provides electric or communication service to the public by means of
electric or communication facilities.
"Public utility',' means any person or corporation that provides
electric or communication service to the public by means of electric
or communication facilities.
(Added by Stats.1966, lst Ex Sess., c. 104, p. 565, § L)
Library Referene"
Municipal Corporations 6-412. Words aad Phrases (Perm.F.d.)
CU.S. Municipal Corporations 1 1X2 at
seq.
355
1'l
el
s
r
G
411
t. IV-,
§ 5896.3 THE IMPROVEMENT ACT OF 1511 Dir. 7
§ 5896.3 Authorization
In addition to proceedings for types of work or improvement au-
thorized elsewhere in this division, proceedings may be taken for the
conversion of existing electric or communication facilities and the
construction, reconstruction or relocation of any other electric or
communications facilities which may be incidental thereto.
(Added by Stats.1966, 1st Ex.Sess., c. 10=, p. 565, § I-)
Library Referea.oes
Muntcipal Corporations C�412. CJ 5. %f=1dpn1 Corporations 1 13r1 -' et
aao.
§ 5896.4 Procedure; applicability of divisloo; alternative an-
thority
Except as otherwise expressly provided by this chapter, a pro -
c-eding for a conversion shall be conducted and completed in accord-
ance with the procedure specified elsewhere in this division. All of
the provisions of this division shall be applicable to a proceeding for a
conversion. This chapter does not affect any other law relating to
the same or any similar subject, but provides an alternative authority
and procedure for the subject to which it relates. When proceeding
under this chapter its provisions only need be followed.
t p dried by Stats.1966, 1st Ex.Sess., c. 104, p. 565, § L)
t lbrary References
aunicipal Corporations C-449 et seq. CJ-SMunicipal Corporations i 139L
v 5896.5 Initiation of proceedings by petition; contents
Proceedings for a conversion shall be initiated by petition. A
;xAltlon shall: (n) deact -lbe the proposed imussmrnt district, as pro-
vided in Section 5181; (b) generally describe the proposed conver-
sion; and (c) request that proceedings for such conversion be taken
pursuant to this division.
(Added by Stats.1966, 1st E:x.Sess., c. 104, p. 565, § 1.)
Library References
Municipal Corporationi X292 CJ-S. Municipal Corporations 1 1089.
§ 5896.6 Number of signatures required
A petition for proceedings for conversion shall be signed by not
less than 20 owners of assessable land In the proposed assessment dis-
trict, as shown by the last equalized assessment roll used by the city.
owning lands constituting more than one-half of the area of all wt-
sessable lands within the proposed assessment district
( Added by Stats.1966, 1st E x.Sess., c. 104, p. 565, 11.)
Library Refereness
Municipal Corporations X292(3). CJS Municipal Corporations 1 1091.
356
ovERHEAD FACILITIES § 5896.9
Pt. 3
§ 55896.7 Filing petition; check; presentation to legislative body
The petition shall be filed with the clerk, who shall thereupon
check or cause said petition to be checked. If the petition is signed
by the requisite number of qualified signers, the clerk shall execute a
certificate of sufficiency and present said petition and certificate to
the legislative body. 565,
(Added by Stats.1966, 1st )�x.Sess., c. 103, p.
Library References
CJ.S• 'Municipal Corporations i 1059.
Dfunicipnl Corporations C`r• ='�t1)
§ 5896.8 Resolution of Intention
Upon presentation of the petition and certificate i sufficiency,
the legislative body may adopt a resolution declaring its s intention to
order the conversion described in said Petition.
(Added by Stats.1966, 1st Ex-cess" c -104, p. 565, § 1.)
Library References
Lfunid <'r pnl Corporations 293.
C.J.S. Dinidpal Corporations i 1092.
city § 55$96.9 Agreement between and public utility or public
agency dying electric or communisation service
In a proceeding for a conversion the city and any public utility
or public agency a1PPlYing electric or commtutication service %Vithirr
said city may by agreement provide that, upon confirmation of the as
sessment, said public utility or public agency shall have legal title to
the electric or communication facilities' which shall thereafter consti-
tute part of a system of the public utility !t aP PAID agency sysac
used, operated, maintained and managed
Subject to any rules, regulations or tariffs aPPllcable to any such
public utility or public agency, such agreement may also provide,
among other things, for any of the following: the supplying or ap-
proval by the public utility or public agency of plans and specifica-
tions; a contribution of labor, materials or money by the public utili-
ty or public agency; the performance by the public utility or Public
agency of all or any part of the work or improvement; payment to
said public utility or public agency for any work or improvement per-
formed or service rendered by it.
Any such agreement shall be made prior to the adoption of the
resolution ordering the work. If the proceedings are abandoned, the
agreement shall be given no further force or effect To the extent
agreement provides that ail or any part of the work or im-
that the performed by the public utility or public agency,
provement is to be
o! this divLdon requiring competitive bidding and the
the provisions responsible bidder shall be inap-
award of the contract to the poorest
plicable. 357
to
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§ 5896.9 THE IMPROVEMENT ACT OF 1911
Div
Nothing contained In this chapter shall preclude. the city or t
Public utllity, in the event of disagreement regarding any provision
the proposed agreement, from seeking review of such disagreeme,
by the California Public Utilities Commission.
(Added by Stats.1966, 1st Ex.Sess., c. 104, P. 565, 1.)
Library References
?f u:iripcl Cnrporntione a32G.
C.J.S. 51 unir:paj G'.,rporadoae i Ili
§ 5896.10 Performance of work by public utility or public agen
cy; required provisions of resolution; enforcemen
Of assessments and bonds; payments on assess
men is
If the work or improvement consists solely of a conversion, ani
such work or improvement Is performed by a public utility or publi(
agency, the resolution of intention shall provide that (a) the warrant,
assessment and diagram or (b) any bonds issued or to be issued to
represent unpaid assessments, or both (a) and (b), shaII be sold as the
legislative body directs, The Purchaser, and an successors,
thereupon have the same rights and liens as the contractor aD e1
and enforce the assessments and all bonds issued to represent unpaid
assessments. If the work and Improvement consists, In part, of a
— nversion and, in Part, of other types of work or improvement under
this division, the legislative body may provide in the resolution of in-
! -ntion that the costs and expenses of conversion shall constitute part
of the incidental expenses to be advanced to the city by the contractor
and to be included in the assessment Any payments made upon
assessments, any Proceeds from the sale of the warrant, assessment
and diagram or bonds and any Incidental expenses so advanced to the
city may be used by the city for the purpose of making payments to
a public utility or public agency pursuant to an agreement made un-
der Section 5896.9.
(Added by Stats.1966, 1st Ex.Sess., c. 104, p. 565,
Library References
ilfuniGpal Corporatlons X356, 52L C.J.B. Man1d
eL seq., 157Z� 1185
1574, 1590. (toes 3i
§ 5896.11 City furnishing electric or communiesUou service;
Price for performance of vvoric or Improvement; in-
aPPUCabIlity of bidding requirements of division
If the city furnishes electric or communication service by means
Of electric or communication facilities owned or operated by the city,
the legislative body in the resolution ordering work may provide that
the work or improvement of conversion shall be performed for the
Price or prices specified in said resolution by the city or any
depart-
ment, agency, commission or officer of the city having the duty of
358
Pt. 3 ON'ERIiEAD FACILITIES § 5886.13
furnishing such service. To that extent, the provisions of this divi-
sion requiring competitive bidding and the award of the contract to
the lowest responsible bidder shall be inapplicable.
(Added by Stats.1966, 1st Ex.Sess., C. 104, p. 565, 4 1.)
Library References
Municipal Corporation 0=321 C.J.S. Municipal Corporations 1 1142.
§ 5896.12 Chapter not to relieve city or public agency from
competitive bidding requirements imposed by ap-
plicable charter or statutory provision
Nothing in this chapter shall be deemed to relieve any city or
public agency, if the work or improvement is to be performed by the
city or public agency, from any competitive bidding requirements im-
posed, as to work performed by the city or public agency, by any
charter or statutory provision applicable to it.
(Added by Stats.1966, 1st Ex.Sess. c. 104, p. 565, 1 L)
Library References
Municipal Corporations 8 330. CJ.B. Municipal Corporations f 1147.
5896.13 Performance of work by city or agency thereof, de-
livery of warrant, assessment and dixgraam and
bonds to city; enforcement
If the work or improvement consists solely of conversion of e]ec-
tric or communication facilities owned or operated by the city, and
the legislative body has provided that such work or Improvement
shall be performed by the city or any department agency, commis-
sion or officer of the city, the warrant, amt and diagram and
all bonds issued to represent unpaid assessments shall be delivered to
the city and the city shall thereupon have the same rights and liens
as the contractor to collect and enforce the payment of the assess-
ments and all bonds issued to represent unpaid assessments. In such
event, (a) such warrant:, assessment and diagram or (b) any bonds
issued or to be issued to represent unpaid assessment, or both (a) and
(b) , may be sold as the legislative body directs and the purchaser,
and any successors,-shall thereupon succeed to all of the rights and
liens of the city.
If the work and improvement consists, in part, of a conversion
and, in part, of other types of work or improvement, the legislative
body may provide in the resolution of intention that the costs and ex-
penses of conversion shall constitute part of the incidental expenses
to be advanced to the city by the contractor and to be included in the
assessment Any incidental expenses so advanced to the city may be
359
E
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C^�
§ 5896.13 Tltt: IMPROVEMENT ACT OF —
II Div. ;
reit,ined by the city for the purpose of Paving or reimbw.sing the city
. �,r tht• """ 'i' such com elsion.
(Added t)y Stats.lSG6, 1st Ex.Sess., e. 104. P. 565,
Library References
�f :ohf;^• Curp', rn tip. -s P-�'.
C.J.S. >ruai�r.••k] Corl'urations
§ 5896.14 Work to ,
be done at expense of owner of lot or parcel;
request by owner
uhje,t to ePl,licable rules, regulations, tariffs or ordinances, all
�
land \_ic or communication facilities located upon any lot or Parcel of
land within the assessment district shall be con trusted, or parcel relocated or converted by the owner of such lot or parcel at his
o"vn expense. Such work may be done by the contractor, or the pub-
lic utility, public agency or city Performing the conversion work, and
the cost thereof Included In the assessment to be levied upon such lot
or parcel dfilded, that the owner shall execute a written
therefor and file the same with the clerk.
Pressly the request
est
and their hO the contractor. public utility, Public shall ex-
such lot or respective officers, agents and em to g c}' or city ,
Parcel for such purpOSe aatid P gees to enter upon
test or objection in respect of the don shall waive any rlght of pro -
Sion of the cost thereof in said assessmentof� irork and the inclu
Provisions of this cha ter
right of an o P shall not be deemed to dimnlsh
`{'ner of a lot or parcel of land to contract an
°f work on his premises, y por-
3 3c *a by Statue 1966
Ex.Sess•. c. 104; p. 565,
(mo Library References
ti,uo, c,pfl7 o rTro rs boar (�'-SL
CJ .S- KuWci ar Corpontlone
1070.
§ 5896.15
Time for tiig reque8t `
Any written request executed Pursuant to Section 5896.14 shall
r < filed with the clerk not later than the date fixed for commence
anent of construction of the conversion. A written request executed
after such date shall not be epted for
shall conger or written approval f thecon��r, public uutili it
public a city which Is improvement. authorized to perform such work or,
(Added by Stats.1966, 1st Ex.Sess•, C. 104, P. 565, § L)
§ 5896.16 Notice to owners
land The clerk shall mail a notice of a lot or par
to each owner. es of
Sections thin the assessment district advising hits the provisions of
5596.14 and 5896.15 and stating o such owner core_
plies with the requirements of such section, all es f
360 buWings, structures
Pt. 3 OVERHEAD FACILITIES § 5896,17
and improvements located upon the lot or parcel will be subject to
disconnection from the electric or communication facilities providing
service thereto. Such notice shall be mailed at least 15 days prior to
the date of commencement of constt-uction and shall be mailed to the
owners whose names and addresses appear on the last equalized as-
sessment roll used by the city or as known to the clerk.
(Added by Stats.1966, Lt Ex.Sess., c. 104, p. 565, § 1.)
Library References
Municipal Corporutiom c3jL C.J.S. ]famicipal Corpor2uocs 4 1�r0.
§ 5896.17 Disconnection of facilities of noncomplying owners;
notice of disconnection
If the owner of any lot or parcel of land shall fail to comply with
the requirements of Sections 5890.14 and 5896.15, the city may order
the disconnection and r•elnuval of till overhead electric ur vinniunlca-
tion facilities providing service to any building, structure or improve-
ment located upon such lot or parcel. Written notice of proposed dis-
connection shall be given at least five days prior to disconnection by
leaving a copy of such notice at the principal building, structure or
improvement located upon such lot or parcel.
de: r rt 1a4, V4,
Library Refereeoaa
MaMIdpal Corporatiom C-2&L CJS Mc-irjpa] Corporaoow I ltro
361
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C.
JRDINANCE NO. 38
AN ORDI14ANCE OF THE CITY OF INDIAN WELLS
ESTABLISHING REGULATIONS AND PROCEDURES
FOR THE REMOVAL OF OVERHEAD UTILITY
FACILITIES AND THE INSTALLATION OF UNDER -
GRUUND FACILITIES IN UNDERGROUND UTILITY
DI STR I CT'a
The City Council of ahe City of Indian W_lls, County of
Riverside, State of :aliforni.a, does ordain as follows:
SECTION 1. Definitions.
Whenever in this ordinance the words or phrases
hereinafter in this section defined are used, they shall have
the respective meanligs assigned to them in the following
definitions:
(a) "Commission" shall mean the Public Utilities Com-
mission of the State of California.
(b) "Underground Utility District" or "-District"
shall mean that area in the City within which
poles, overhead wires, and associated overhead struc-
tures are prohibited as such area is described in a
resolution adopted pursuant to the provisions of
Section 3 of This ordinance.
(c) "Person" shall mean and include individuals,
firms, corporations, partnerships, and their
agents and emE loyees.
(d) "Poles, overhead wires and associated overhead
structures" shall mean poles, towers, supports,
wires, conductors, guys, stubs, platforms, crossarms,
braces, transformers, insulators, cutouts, switches,
communication circuits, appliances, attachments and
appurtenances located above - ground within a District
and used or useful in supplying electric,_communica-
tion or similr,r or associated service." -_ ---
(e) "Utility' shall include all persons or entities
supplying electric, communication or similar or
associated set�ice by means of electrical materials or
devices.
SECTION 2. Public Hearing by_Council.
The Council may from time to time call public
hearings to ascertain whether the public necessity, health,
safety or welfare req-jires the removal of poles, overhead
wires and associated ��verhead structures within designated
areas of the City and the underground installation of wires
and facilities for s(,,)plying 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 jtilities concerned, b mail of the time
and place of such hearings at least ten (10� days prior to
the date thereof. Ea h such hearing shall be open to the
public and may be coin -inued from time to time. At each such
hearing all persons C tarester shall be given an opportunity
RECEIVED
JUL 3 19g1
1, .. -I..
F-LX- L ( 2 -k (")
to be heard. The decision of the Council shall be final and
conclusive.
SECTIOA 3. Report by_City_E291.q r (or Other Designated
A ent
Prior to holding such public hearing the City
Engineer or other designated agent shall consult with all
affected utilities and shall prepare a report for submission
at such hearing containing, among other information, the
extent of such utilities participation and estimates of the
total costs to the City and affected property owners. Such
report shall also contain an estimate of the time required to
complete such underground installation and removal of over-
head facilities,.
SECTION A. Council Hav Designate Underground Utility Districts
by Resolution.
If, after any such public hearing finds that the public necessity, health, safety tyorCwelfare
requires such removal and such underground 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. Such resolution
shall include a description of the area comprising such dis-
trict 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 under-
ground service. A reasonable time shall be allowed for such
removal and underground installation, having due regard for
the availability of labor, materials and equipment necessary
for such removal and for the installation of such underground
facilities as may be occasioned thereby.
SECTION S. 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 4 hereof, it shall be unlawful for any person or
utility to erect, construct, place, keep, maintain, continue,
employ or operate poles, overhead wires and associated over-
head structures in the District after the date when said over-
head facilities are required to be removed by such resolution,
except as said overhead facilities may be required to furnish
service to an owner ar occupant of property prior to the per-
formance 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 10 hereof and for such
reasonable time required to remove said facilities after said
work has been perforced, and except as otherwise provided in
this ordinance.
SECTION 6. Exception „_Emergency or Unusual Circumstances.
Notwithstanding the provisions of this ordinance,
overhead facilities ,,;,=,y be installed and maintained for a
period, not to exceed ten (10) days, without authority of the
Council in order to })rovide e ;oergency service. The Council
may grant special pet Assion, on such terms as the Council
may deem appropriate, in eases of unusual circumstances,
without discrimination as to any person or utility, to erect,
construct, install, maintain, use or operate poles, overhead
wires and associate) verhead structures.
0
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SECTIO3 7. Other Exceptions.
In any resolution adopted pursuant to Section 4
hereof, the City may authorize any or all of the following
exceptions:
(a) Any municipal facilities or equipment installed
under the supervision and to the satisfaction of
the City Council or person authorized by the City
Council.
(b) Poles, of electroliers used exclusively for
street: lighting.
(c) Overhead wires (exclusive of supporting struc-
tures) crossing any portion of a District within
which overhead wires have been prohibited, or connect-
ing 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 prohibiter
(d) Poles, overhead wires and associated overhead
structures used for the transmission of electric
energy at nominal voltages in excess of 34,500 volts.
(e) Overhead wires attached to the exterior surface
of a building by means of a bracket or other fix-
ture 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 com-
munication set jices
(g) Equipment appurtenant to underground facilities,
such as surface mounted transformers, pedestal
mounted terminal boxes and meter cabinets, and con-
cealed ducts.
(h) Temporary poles, overhead wires and associated
overhead structures used or to be used in con-
junction with -onstructi.on projects. -_
SECTION 8. Notice_tc Property Owners and Utility Companies.
Within ten (10) days after the effective date of
a resolution adopted pursuant to Section 4 hereof, the City
Clerk shall notify all affected utilities and all persons
owning real property 4ithin the District created by said reso-
lution of the adopt:ioi thereof. Said City Clerk shall further
notify such affected ,property owners of the necessity that, if
they or any person oc_upying such property desire to continue
to receive electric, = ommunication, or similar or associated
service, they or sucli occupant shall provide all necessary
facility changes or; t)eir premises so as to receive such ser-
vice from the lino tt- e stpo plying utility or utilities at
a new location.
Notificat on by the City Clerk shall be made by
mailing a copy of the resolution adopted pursuant to Section
4, together with a cc�p>y of this ordinance, to affected prop-
erty owners as suet, .• e shown on the last equalized assess-
ment roll and to tr, fleeted utilities.
SECTIOe4 9. Responsibility of Utility Companies.
If underground construction is necessary to
provide utility service within a District created by any
resolution adopted pursuant to Section 4 hereof, the supply-
ing utility shall furnish that portion of the conduits, con-
ductors and associated equipment required to be furnished by
it under its applicable rules, regulations and tariffs on
file with the Commission.
SECTION 10. Responsibility of Property Owners.
(a) Every person owning, operating, leasing, occupy-
ing 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 9 and the termina-
tion 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 reso-
lution enacted pursuant to Section 4 hereof, the City
Council or person authorized by the City Council
shall give notice in writing to the person in posses-
sion of such premises, and a notice in writing to the
owner thereof as shown on the last equalized assess-
ment roll, to provide the required underground facili-
ties within ten (10) days after receipt of such notice.
(b) The notice to provide the required underground
facilities may be given either by personal ser-
vice 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 role, and when no address appears,
to General Delivery, City of Indian Wells, 'j2260. If
notice is given by mail, such notice shall be deemed
to have been received by the erson to whom it has
been sent within forty -eight (p48) hours after the
mailing thereof. If novice is given by'mail to either
the owner or occupant of such premises, the City
Council or person authorized by the City Council
shall, within forty - eight (48) hours after the mail-
ing thereof, cause a copy thereof, printed on a card
not less than eight (8) inches by ten (10) inches in
size, to be posted in a conspicuous place on said
premises.
(c) The notice given by the City Council, or person
authorized by the City Council, 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
(30) days after receipt of such notice, the City
Council or person authorized by the City Council will
provide such required underground facilities, in
which case th«- cost and expense thereof will be
assessed agaibrst. the property benefited and become a
lien upon suO property.
(d) If upon the expiration of the thirty (30) day
period he ;aid required underground facilities
�;
Lk ' C ' ( S A 6)
have not been provided, the City Council or person
authorized by the City Council shall forthwith proceed
to do the work; provided, however, if such premises
are unoccupied and no electric or communications ser-
vices are being furnished thereto, the City Council
or person authorized by the City Council shall in lieu
of providing the required underground facilities, have
the authority to order the disconnection and removal
of any and all overhead service wires and associated
facilities supplying utility service to said property.
Upon completion of the work by the City Council or
person authorized by the City Council, said Council
or person 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 assessment of the cost
of such work upon such premises, which said time shall
not be less than ten (1 ) days thereafter.
(e) The City Council or person authorized by the City
Council shall forthwith, upon the time for hear-
ing 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 manner hereinabove provided for the giving of
the notice to provide the required underground facili-
ties, of the time and place that the Council will pass
upon such report and will hear protests against such
assessment:. Such notice shall also 'set forth the
amount of they proposed assessment.
(f) Upon the date and hour set for the hearing of
protests, the Council shall hear and consider
the report and all protests, if there be any, and then
proceed to affirm, modify or reject the assessment.
(g) If any assessment is not paid within five (5)
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 Council or person authorized by the City Council,
and said Council. or person is directed to turn over to
the County Assessor and County Tax Collector a notice
of lien on each of said properties on which the as-
sessment has not been paid, and said County Assessor
and County Tax Collector shall add the amount of said
assessment to the next regular bill for taxes levied
against the premises upon which said assessment was
not paid. Said assessment shall be due and payable
at the same time as said property taxes are due and
payable, and if not paid when due and payable, shall
bear interest, at the rate of six per cent (6 %) per
annum.
SECTION 11. Responsii ility of Cif.
City sh, 1 remove at its own expense all City -
owned equipment from j11 poles required to be removed here-
under in ample time t., enable the owner or user of such poles
to remove the Sam(, within the time specified in the resolution
enacted pursuant to .` ction 4 hereof.
5
EX ,C' �L. -�L)
SECTION 12. Extension y..jf Time.
In the event that any act required by this
ordinance or byy a resolution adopted pursuant to Section 4
hereof cannot be performed within the time provided on account
of shortage of materials, war, restraint by public authori-
ties, strikes, labor disturbances, civil disobedience, or any
other circumstances beyond the control of the actor, then the
time within which such act will be accomplished shall be
extended for a period equivalent to the time of such limitation.
sEcriiN 13. Penalty.
It shall be unlawful for any person to violate
any provision or to fail to comply with any of the require -
ments of this ordinance. Any person violating any provision
of this ordinance or failing to comply with any of its re-
quirements shall be deeraed guilty of a misdemeanor and upon
conviction thereof shall. be punished by a fine not exceeding
Five Hundred ($500.00 Dollars or by imprisonment not exceed-
ing six (6) 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 ordinance is committed, continued
or permitted by such person, and shall be punishable therefor
as provided for in this ordinance.
SECTION 14. Constitutionality.
If any section, sub- section, sentence, clause or
phrase of this ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portions of this ordinance. The Council hereby declares that
it would have adopted the ordinance and each section, sub-
section, sentence, clause or phrase thereof, irrespective of
the fact that any one or more sections, sub - sections, sentences,
clauses or phrases be declared invalid.
SECTIOd 15. Effective date.
') This Ordinance was read on the ;U0 k da of
1968, and was adopted on the f da—yo f �.
1 S, and shall take effect and be in orce thirty days
from and after its adoption
SECTI0i 16. Publicatio
The City Cerk is hereby directed to cause this
ordinance to be posted in three public places, in accordance
with Resolution No. 67 -? and Section 36933 of the Government
Code of the State of t _-; ifornia.
,I
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