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Home My WebLink About78-05 • • RESOLUTION NO. 78-05 RESOLUTION OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING UNDERGROUND DISTRICT NO. 1A FOR PURISSIMA ROAD FROM SAMUEL LANE TO MINORCA COURT,AND VISCAINO ROAD FROM PURISSIMA ROAD TO ROBLE LADERA ROAD AND ESTABLISHING UNDERGROUND DISTRICT NO. 1B FOR ALTAMONT ROAD FROM TRIPOLI COURT TO ALMADEN COURT WHEREAS, on December 16, 2004, the City Council of the Town of Los Altos Hills declared its intention to establish underground utility districts for Purissima Road from Samuel Lane to Minorca Court ("District No. 1A"), and Viscaino Road from Purissima Road to Roble Ladera Road; and for Altamont Road from Tripoli Court to Almaden Court ("District No. 1B"); both District No. 1A and District No. 1B are more particularly shown on the Map attached hereto as Exhibit A; and WHEREAS, August 3, 2005 at 6:30 p.m. was fixed at the time and place for hearing protests to the proposed underground wiring districts; and WHEREAS,notice of such hearing has been given to all affected property owners in the District as shown on the last equalized assessment roll and to all utilities concerned in the manner and within the time required by law; and WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard; and WHEREAS, the City Council of the Town of Los Altos Hills hereby finds and determines that the streets are used extensively by the general public, and that that the public necessity, health, safety, or welfare requires the removal and underground installation of wires and facilities for supplying electric, communication, or similar or associated services within a designated area. NOW, THEREFORE, IT IS HEREBY FOUND,DETERMINED AND ORDERED, as follows: 1. That District No. 1A and District No. 1B, within which the undergrounding of electric, communication, or similar or associated services is to be performed, is in the general public interest for each and all of the following reasons: (a) The undergrounding of electric, communication, or similar or associated facilities to be accomplished as a result of the formation of District No. 1A and District No. 1B provides for conversion of overhead facilities, will avoid and eliminate an unusually heavy concentration of overhead electric, communication, or similar or associated distribution facilities in\the District; and Reso Underground District.DOC • (b) The streets,roads and right of way in District No. 1A and District No. 1B are extensively used by the general public and carry a heavy volume pedestrian and vehicular traffic. (c) The streets, roads, and rights of way in District No. 1A and District No. 1B pass through a public recreation area. NOW, THEREFORE,BE IT RESOLVED that the City Council of the Town of Los Altos Hills hereby orders the establishment of the following Underground Utility Districts for certain portions of the Purissima Road, Viscaino Road and Altamont Road, as follows: UNDERGROUND DISTRICT NO. 1A—Purissima Road from Samuel Lane to Minorca Court, and Viscaino Road from Purissima Road to Roble Ladera Road. UNDERGROUND DISTRICT NO. 1B -- A Altamont Road from Tripoli Court to Almaden Court. As indicated on those certain maps entitled: UNDERGROUNDING UTILITY DISTRICT NO. 1A AND NO. 1B BOUNDARY MAP ("the Districts"). The maps delineating the boundaries of said district are attached hereto as Exhibit A and incorporated herein as if set forth in full. BE IT FURTHER RESOLVED that the City Council hereby orders the removal of poles, overhead wires, and associated overhead structures within Districts and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services within the Districts and the acts set forth in Los Altos Hills Municipal Code section 7- 4.04 shall hereinafter be unlawful. BE IT FURTHER RESOLVED that following exceptions in Underground Utility District Nos. 1A and 1B are hereby authorized: 1. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer. 2. Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. 3. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication service. Reso Underground District.DOC • • 4. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. 5. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Districts of the adoption of this resolution within ten days after the date of, such adoption. The City Clerk shall further notify said property owners of the necessity that, if they or any personoccupying such property lying within the district herein established, desire to continue to.receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, or at the time fixed in any extension of said date or dates,provide the City or its contractor a right of entry and access to their property to make necessaryfacilitychanges on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Failure to provide the City or its contractor Right of Entry and access to their property to make the necessary changes shall obligate the property owner, rather than the City to pay for such changes. Notification to the property owners shall be made by mailing a copy of this resolution, together with a copy of said Title 7, Chapter 4 of the Los Altos Hills Municipal Code to all affected property owners as such are shown on the last equalized assessment roll, and to the affected utilities. PASSED AND ADOPTED this 3rd day of August, 2005. 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For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Commission"shall mean the Public Utilities Commission of the State. (b) "District"or"Underground Utility District"shall mean that area in the Town within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 7-4.03 of this chapter. (c) "Person"shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. (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 aboveground within a District and used or useful in supplying electric, communication, or similar or associated services. (e) "Utility"shall mean and include all persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices. (§ 1, Ord. 139) Sec. 7-4.02. Hearings. The Council may from time to time set public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the Town and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services. The City Clerk shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At such hearing all persons interested shall be given an opportunity to be heard.The decision of the Council shall be final and conclusive. (§2, Ord. 139) Sec. 7-4.03. Designation of Underground Utility Districts. If, alter any such public hearing, as set forth in Section 7-4.02 of this chapter,the Council finds that the public necessity, health, safety, or welfare 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 District and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground services. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of the labor, materials, and • equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (§3, Ord. 139) Sec. 7-4.04. Unlawful acts. Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein, as set forth in Section 7-4.03 of this chapter, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the District after the date when such overhead facilities are required by resolution to be removed, except such overhead facilities as may be required to furnish services to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility services as set forth in Section 7-4.09 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter. (§4, Ord. 139) Sec. 7-4.05. Exceptions: Emergencies or unusual circumstances. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten (10) days,without the authority of the City Manager in order to provide emergency services.The City Manager may grant special permission, on such terms as the City Manager may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use, or operate poles, overhead wires, and associated overhead structures. (§5, Ord. 139) Sec. 7-4.06. Other exceptions. The Town may authorize any or all of the following exceptions in any resolution adopted pursuant to the provisions of Section 7-4.03 of this chapter: (a)Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer; (b) Poles or electroliers used exclusively for street lighting; (c) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, where such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited; (d) Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; (f) Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services; (g) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and (h)Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects. (§6. Ord. 139) • Sec. 7-4.07. Notices to property owners and utility companies. Within ten (10) days after the effective date of a resolution adopted pursuant to the provisions of Section 7-4.03 of this chapter,the City Clerk shall notify all affected utilities and all persons owning real property within the District thereby created of the adoption of the resolution.The City Clerk shall further notify such affected property owners of the necessity that, if they, or any person occupying such property, desire to continue to receive electric, communication, or similar or associated services, they, or such occupant, shall provide all necessary facility changes on their premises so as to receive such services from the lines of the supplying utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission. Such notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 7-4.03 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as they are shown on the last equalized assessment roll and to the affected utilities. (§7, Ord. 139) Sec. 7-4.08. Responsibility of utility companies. If underground construction is necessary to provide utility services within a District created by any resolution adopted pursuant to the provisions of Section 7-4.03 of this chapter,the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the Commission. (§8, Ord. 139) Sec. 7-4.09. Responsibility of property owners (a) Every person owning, operating, leasing, occupying, or renting a building or structure within a District shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 7-4.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission. If such work is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of Section 7-4.03 of this chapter,the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after the receipt of such notice. (b)The notice to provide the required underground facilities may be given either by personal service or by mail. In the event of service by mail on either of such persons, the notice shall 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 shall be addressed to the owner thereof as such owner's name appears, and shall be addressed to such owner's last known address as the same appears, on the last equalized assessment roll, and when no address appears, to General Delivery, Town of Los Altos Hills. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall,within forty-eight(48) hours after the mailing 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 such premises. (c) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if such work O • is not completed within thirty(30) days after the receipt of such notice, the City Engineer will provide such required underground facilities, in which cause the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (d) If, upon the expiration of the thirty(30) day period, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer 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 the utility service to such property. Upon completion of the work by the City Engineer,the City Engineer shall file a written report with the 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 time shall not be less than ten (10) days thereafter. (e)The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner set forth in subsection (b) of this section, of the time and place the Council will pass upon such report and hear protests against such assessment. Such notice shall also set forth the amount of the 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 Engineer, and the City Engineer is hereby directed to turn over to the Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time the property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of six (6%) percent per year. (§ 9, Ord. 139) Sec. 7-4.10. Responsibility of Town. The Town shall remove at its own expense all Town-owned equipment from all poles required by the provisions of this chapter to be removed in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution enacted pursuant to the provisions of Section 7-4.03 of this chapter. (§ 10, Ord. 139) Sec. 7-4.11. Extension of time. In the event any act required by the provisions of this chapter, or by a resolution adopted pursuant to the provisions of Section 7-4.03 of this chapter, cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation. 11, Ord. 139) • • Sec. 7-4.12. Violations: Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. (§ 12, Ord. 139)