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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 r N 0 .r1 § 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 r� 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 -P" 0 vi 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 F Y ' C ( 1_. L ) 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 _ - — - — T__— IN WIM MOORPARK II w 1, I`• - - - - - -- f -- I ip , 1 ,T� ; .:I . . Vii:''': 1�1 I ..? �� tip• ��I I MOORPARK .. 1 = .° f,--�' p�pRp • K I( 3,132 { :�`4d't•• :1 ��°�,t•� I 51 / VALLEY` FR ' LOS :,t� -lE'' • I` • .� "�L`' : 1 I oly— sr I M . 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WAN N t-\ 9. Z,A a V. Avenida Coloniae all lines south of Los Angeles Ave MtE30M M,Wlk% b \ST (Z� �u T I L-)-rA N ARC � ImIllu n ill Rd: from Mesa Verde Rd to a point south of Tierra Rejada Rd bN S T (Z� "6 U T 1 L-) -A (o(n \CV -T(tAT1SN���S j0).1 b, r ALIM114 El. ` " VII. Wm Ranch Rd: west of Peach Hill Rd MIUMMMU bN 5 T (L N� U 1 1 c) TZ klww w (D D \Vv `t C�P,�S M to')� N VIII. Vista Levana: all line along the rear property lines on Vista Levana and Bonita Heights M=M= b \ST (Z1 �U'l 10r,�