HomeMy WebLinkAboutMINUTES - 11171992 - H.3 H.3
• • CONTRA COSTA COUNTY •
BOARD OF SUPERVISORS
Adopted this Resolution on November 17, 1992, by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and McPeak
NOES: None Resolution of Intention to
Establish Underground
ABSENT: . Supervisor Powers Utility District No. 26
RESOLUTION NO. 92/791
SUBJECT: In the Matter of Establishment of Underground Utility District No. 26,
Boulevard Way, Walnut Creek Area.
The Board of Supervisors of Contra Costa County RESOLVES that:
This Board's Resolution No. 92/712 fixed 11:00 a.m. on Tuesday, November 1.7, 1992, as the
time for a public hearing to ascertain whether the public health, safety, or welfare requires
the removal of the overhead distribution system from the public streets, alleys or ways, and
the replacement thereof with an underground system, in the unincorporated area along
Boulevard Way between the Walnut Creek City boundary and Saranap Avenue, all in the
Walnut Creek area, as more particularly described and delineated on Exhibit "A" attached
to said Resolution No. 92/712 on file in the Office of the Clerk of this Board, County
Administration Building, Martinez, California, and available for inspection. Notice of such
hearing was given to all affected property owners as shown on the last equalized assessment
roll and utilities concerned in the manner and for the time required by law.
Said hearing of November 17, 1992 was duly and regularly held and all persons interested
were given an opportunity to be heard.
This Board hereby finds that public necessity, health,safety and welfare requires the removal
of poles, overhead wires and associated overhead structure within the area of Underground
Utility District No. 26 as hereinabove described and the underground installation of wires
and facilities for supplying electric, communication and other similar or associated service
therein. This Board further finds that the streets in said area are extensively used by the
general public and carry a heavy volume of pedestrian and vehicular traffic.
The Board also finds that the creation of the Underground Utility District is not subject to
the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Article
5, CEQA Guidelines and directs the Community Development Director to file a Notice of
Exemption.
The Board hereby directs the Public Works Director to arrange for payment of the $25.00
handling fee for filing the Notice of Exemption.
Pursuant to Chapter 1008-2 of the Contra Costa County Ordinance Code (Ord. No. 68-10),
the above-described area is hereby declared an Underground Utility District, and is
designated as Underground Utility District No. 26 of the County of Contra Costa.
The Board approves an exception for an anchor wire on Palana Court adjacent to 11.60
Boulevard Way in order to prevent PG&E from having to relocate a pole on Palana Court
which is outside the district's boundaries.
This Board hereby fixes May 1, 1993, as the date on which affected property owners must
be ready to receive underground service, and hereby orders the removal of all poles,
overhead wires and associated overhead structures (including without limitation removal to
at least the roof line of weatherheads, risers and other overhead service entrance facilities)
and the underground installation of wires and facilities for supplying electric,communication,
or similar or associated service within Underground Utility District No. 26 on or before
September 1, 1993.
The Clerk of this Board is hereby instructed to notify all affected utilities and all persons
owning real property within'Underground Utility District No. 26 of the adoption of this
Resolution within ten (10) days. Said Clerk shall further notify said property owners of the
RESOLUTION N0. 92/791
Resolution of Intention AEstablish Underground Utility Distrl•No. 26
November 17, 1992
Page 2
necessity that, if they or any person occupying such other property 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 provide all necessary facility changes on their
premises so as to receive such service from the lines of the supplying utility or utilities at a
new location, 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. Such
notification shall be made by mailing a copy of this Resolution together
with a copy of said Chapter 1008-2 (Ord. No. 68-10) to affected property owners within said
District No. 26 as such are shown on the last equalized assessment roll and to the affected
utilities.
hereby certify that this is a true and correct copy
an action taken and entered on the minutes of the
Board of Supervisors on th�edate shown.
ATTESTED: N n y 1 r 7.1292-
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
rr r p
Pmc:eh By l n l' �a�i _ . ! Deputy
c:131117.01
Or1g. Dept.: Public Works (RE)
Contact: Patricia McNamee, 313-2393
cc: Property Owners (see list)
PG&E (via PW)
Pacific Bell (via PW)
Televents (via PW)
California Hwy. Patrol
County Administrator
Auditor-Controller
Accounting
V. Germany, Design
Boulevard Way
Underground Utility District
W0. 1053
EXHIBIT "A"
Portion of land as shown on the MAP OF FLORALAND SUBDIVISION, filed July 13, 1913 in Book
10 of Maps at page 241, being in an unincorporated area of Contra Costa County, California,
described as follows:
Beginning at the southwest corner of Lot 1 as shown on Subdivision 5355, filed April 12, 1979 in
Book 223 of Maps at page 40; thence from the Point of Beginning, along the southerly property line
of said Lot 1 (223 M 40), north 89059'13" east 280.94 feet to the southeast corner of said Lot 1;
thence along the easterly prolongation of the southerly line of said Lot 1 north 89059'13" east 21.13
feet to the northeast corner of that parcel of land described in the deed to STOW PARTNERS,
recorded July 1, 1988 in Volume 14430 of Official Records at page 721; thence south 6059'13"west
101.73 feet, more or less to the southeasterly right of way line of Boulevard Way, being the most
westerly corner of PARCEL FOUR of those parcels of land described in the deed to Linh.N. Huynh
et ux, recorded January 31, 1989 in Volume 14858 of Official Records at page 569; thence south
53034'18" east 107.07 feet; thence south 1°34'42"west 18.95 feet; thence north 88025'18" east 72.46
feet; thence north 1 001'20" east 45.00 feet, more or less to the southwest corner of Lot 1 as shown
on Subdivision 5532 filed December 7, 1979 in Book 233 of Maps, at page 44; thence south
88°25'05" east 241.94 feet to the southeast corner of said Lot 1 (233 M 44); thence north 0°16'06"
west 205.34 feet to the northeast corner of said Lot 1 (233,M44); thence north 80028'23" east 58.00
feet, more or less to the southwest corner of Lot 2 as shown on Subdivision 5833 filed May 25, 1983
in Book 270 of Maps at page 16; thence along the west line of said Lot 2, north 0012'05" east 80.42
feet to the northwest corner of said Lot 2; thence south"89°46'39" east 269.78 feet to the westerly
right of way line of Flora Avenue;-thence along said westerly right of way line, north 0011'28" east
69.00 feet, more or less; thence leaving said westerly right of way line, south 89048'32" east 50.00
feet more or less, to the easterly right of way line of Flora Avenue; thence north 89055'00" east
306.56 feet to the westerly line of Subdivision 432 "BLADE PLACE UNIT NO. 1" filed March 7, 1951
in Book 43 of Maps at page 17; thence along said westerly line, north 1005'50" east 185.68 feet, to
the northwest corner of Parcel 3 (43 M 17); thence along the northerly line of said Parcel 3, south
88025'10" east 75.35 feet; thence leaving said northerly line, north 10027'00"west 190.70 feet, to the
southwest corner of that parcel of land described as PARCEL ONE in the deed to Rose Spencer
recorded July 20, 1990 in Volume 15996 of Official Records at page 804; thence along the southerly
line of last said parcel (15996 O.R. 804) and its easterly prolongation, north 89022'00" east 154.01
feet to the easterly right of way line of Palana Court; thence along the easterly right of way line,
north 0038'00" west 62.70 feet, more or less to the southwest corner of that parcel of land described
in the deed to Mario Flores et ux, recorded February 3, 1970 in Volume 6058 of Official Records at
page 41; thence along the southerly line of said Flores parcel (6058 O.R. 41), north 89°22'00" east
95.00 feet to the southeasterly corner of said Flores parcel (6058 O.R. 41) also being the westerly
line of"WHYTE ORCHARD ESTATE"filed August 28, 1941 in Book 25 of Maps at page 843; thence
north 0038'00" west 228.00 feet, more or less to the southerly right of way line of State of California
Highway 24; thence along said southerly line, south 89054'00" west 127.51 feet; thence south
31045'19" west 13.21 feet to a point on a curve concave to the north having a radius of 2,086.00
feet; thence westerly along said curve through a central angle of 2034'54", an arc distance of 93.99
feet; thence leaving the southerly right of way line of Highway 24, south 31045'19" west 100.25 feet
to the southeast corner of that parcel of land described in the deed to Joy N. Pritchard and Kern
W. Schumacher recorded December 30, 1976 in Volume 8147 of Official Records at page 405;
thence north 88°37'04"west 678.19 feet, more or less to the northwest corner of Lot 10 (10 M 241);
thence along the westerly line of said Lot 10, south 0°19'1 T'east 213.80 feet to the northeast corner
of that parcel of land described as PARCEL 1 in the deed to McKie W. Roth recorded February 18,
1969 in Volume 5814 of Official Records at page 127; thence along the northerly line of said ROTH
PARCEL 1, south 89°45'00" west 145.00 feet to the west line of said Roth PARCEL 1 (5814 O.R.
127); thence along said west line, south 1°48'00"west 70.00 feet; thence south 0003'28"west 112.77
feet to the northeast corner of that parcel of land described in the deed to 1299 Boulevard Way
Partners recorded October 23, 1985 in Volume 12576 of Official Records at page 778; thence along
the northerly line and its westerly prolongation, south 88012'00"west 126.62 feet to the easterly right
of way line of Saranap Avenue; thence north 56039'1 T'west 48.06 feet, more or less to the westerly
right of way line of said Saranap Avenue, also being the southeast corner of Lot 1 as shown on
Subdivision 6406 filed April 27, 1984 in Book 279 of Maps at page 1; thence along the southerly line
of said Lot 1 (279 M 1), north 88046'09"west 277.51 feet to the southwest corner of said Lot 1 (279
M 1), being on the easterly line of PARCEL A as shown on Subdivision MS 23-80 filed November
14, 1980 in Book 91 of Parcel Maps at page 1; thence along the easterly line of said PARCEL A and
PARCEL B, south 0°04'09" east 137.04 feet to the southeast corner of PARCEL B (91 PM 1); thence
along the southerly line of said PARCEL B and its westerly prolongation, north 88046'09" west
148.83 feet to the westerly line of Lot 15 (10 M 241); thence along the westerly line of said Lot 15,
south 0000'4T' east 297.76 feet to the southwest corner of Lot 1 Subdivision 5355 (223 M 40) the
Point of Beginning.
Containing an area of 20.0 acres of land, more or less.
MH:jlg
c\wboulvfd.way
11/2/92
• a
Contra Public Works Denartment J.Michael Public Works DrWorks
Dird
/�' ector
Costa 255 Glacier Drive
Martinez, California 94553-4897 Milton - nginek
Deputy Engineering
County FAX: (510)313-2333
Telephone: (510)313.2000 Maurice E.Mitchel;
Deputy Operations
November 18, 1992
F. Maurice M.Shiu
F
Deputy-Transportation
S: S.Clifford Hansen
Deputy-Administration
E'
RE:Underground Utility District No. 26 - Boulevard Way
i
Y Dear Property Owner:
h
k
On November 17, 1992,the Board of Supervisors established an Underground Utility District
along Boulevard Way from the Walnut Creek City boundary to just west of Saranap Avenue
i (see attached Resolution).
This district was created to underground all overhead utilities along this section of Boulevard
Way at a cost of approximately 700,000 dollars which will be paid for by the
utility companies.
Chapter 1008-2 of the County Ordinance Code ( copy attached) states that the property
owners are responsible to convert their overhead electrical, telephone and cable service to
accept the new underground service. This should include removing any weatherheads,
risers, or other overhead service facilities attached to your building. Prior to any work being
started by your contractor an electrical permit issued by the County is required. Normally
the contractors are responsible to obtain these permits. All of the conversion work must
be completed by May 1, 1993. The utility companies will begin their relocation work at
about that time and you must have your service ready for them to connect to it.
If you have any questions regarding the underground district please contact Pattie McNamee
at 313-2393.
Very truly yours, '
J. Michael Walford
Public Works Director
JMW:Pmc:eh:fp
c:BivdWay.t11
Attachments
cc: M. Shiu, Deputy Director, Transportation
H. Ballenger, Road Engineering
P. McNamee, Road Engineering
Clerk of the Board
EBMUD
Pacific Bell
PG&E
Televents
t � -
r UNDERMIOUND UTILITY I'. )RICTS 1006-4.604-1008-2.004
r4 '
� section, except as provided in this chapter. (Ord. ,• meanings assigned to them as follows:
71-20 § 1 (part), 1971). (1) "Commission" means the Public Utilities
Commission of the state of California.
Ar 1006-4.604 Exemptions — Pre-existing (2) "Underground utility ' district" or
structures. No building,: structure, . well,. _ "district" means that area in the county within
excavation, or subsurface structure existing on }which *poles. overhead wires, and associated
{;', :: .� ::.;; • December 22, 1957, shall be deemed to,be in overhead structures are prohibited as such area is
violation of this chapter..(Ord. 71-20 § 1 (part), `. described in a resolution adopted pursuant to
1971): j- _ the provisions of Section 1008-2.006.'
- •;, _ -_ _ ' ' , _ (3) "Person" means and includes individuals,
' ' 1.•,-�A.�?. ., : ;= :' - :r,, firms, corporations, .partnerships, and their
1 •` -' agents and employees.
(4) "Poles. overhead wires and associated
'•" Division 1008 - overhead structures" means poles, towers,
�►; - = supports, wires, conductors, guys, stubs,
UTILITIES .. -. platforms, crossatms, braces, transformers,
:, s• , insulators, cutouts, switches, communication
•Chapie'rscircuits, appliances, - attachments and
L, IAl
� -: 1008-2 Underground Utility Districts appurtenances located above ground within a
district and used or useful in supplying electric,
��- � '�:ter �'• - communication or similar or associated service.
- •_ ^.;•�+-. ', ��,,;;:;` ';� `r _ '� Poles; overhead wires and. associated
structures" does not include a • modified
Chapter 1008-2~ underground system where the installation of
such system in a district has been specifically
UNDERGROUND UTILITY DISTRICTS* ordered pursuant to Section 1008-2.006.
: (5) "Modified underground system" means
Sections: - an electrical distribution system consisting of
1008-2.002 Definitions. - - metal poles supporting high voltage wires,
1008-2.004 Public hearing by board— switches' transformers and street lights, with all
Notice:. - other facilities and wires for the supplying and .
1008-2.006 Designation by board distribution of electrical energy and service
`
resolution. " placed underground, including occasional poles
: 1008-2.008 Unlawful acts.. supporting only street lights if a light is required
1008-2.010 Exception=-Emergency. at a location.where a metal electric distribution
1008-2.012 Exception—Certain• pole is not suitable.
1 : facilities. (G) "County" means the county of Contra
7 1008-2.014 Notices to affected persons. = Costa; a political subdivision of the state of
=' 1008-2.016 Responsibility of utility Cal& mia: 'i�' - =• =;` _
companies_ - (7) "Board" means the board of supervisors
. _ 1008-2.018 Responsibility of property of Contra Costa County.
owners=Notice issuance. (8) "Utility" includes all persons or entities
1008-2.020 Responsibility of county, supplying electric, communication or similar or
1008-2.022 Time extension. associated service by means of electfical
' 1008-2.024 Violation—Penal ty_ materials or devices. (Ord. 68-10 § 2 (part),
' 1968: prior code § 780I). ,
1008-2.002 Definitions. Whenever in this -
chapter the words or phases defined in this 1008-2.004 Public hearing by board —
section are used, they shall have the respective Notice. The board may from time to time call
public hearings to ascertain whether the public
•for the statutory provisions regarding conversion or existing necessity, health, safety or welfare requires the
overhead wiring to underground locations, we sur.& H.C. A
5896.1 ff. removal of poles, overhead wires and associated
For underground utilities in subdivisions, we 0. 96-10, this overhead structures within designated
" codr- unincorporated areas of the county and the
475
UNDERGROUND UTILITY D.ILK.TS 1008-2.014-1008-2.018
(5) Overhead wires attached to the exterior regulations and tariffs on file with the
surface of a building by means of a bracket or" Commission. (Ord. 68-10 § 2 (part), 1968: prior
other fixture and extending from one location code § 7808).
on the building to another location on the same -
r- building or to an adjacent. building without 1008-2.418 Responsibility :of property
��..
crossing anypublic street; : :;'�•..; �:_. ::�. ';owners Notice issuance. .(a) .Every person
(6) Antennae,' ;associated 'equipment ' and *-_ `owning, operating, leasing, occupying or renting
sup ortin structures used b a utility for a building* or structure within a district shall
PP g .. � Y � Y g
j►:r�." . furnishing communication services;. perform 'construction and provide that portion
(7) Equipment appurtenant to underground •of the . service. connection 'on his property .
�-'�-- facilities, such as surface mounted.transformers, between the facilities referred to in' Section
pedestal mounted terminal boxes and meter 1008-2.016 and the termination facility on or
cabinets, and concealed ducts; within the building or structure being served, all
�;. (8) 'Temporary poles, overhead wires and. in accordance with applicable riles, regulations
associated overhead strictures used .or-to be . and tariffs of the respective utility or utilities on
used in conjunction with construction projects. file with the Commission.-.
:¢ •= (Ord. 68-10 § 2 (part), 1968: prior code § (b) In " -the ' event any person owning, '
7806). - •�:.�y :r,. :. ::• • operating, .letting, occupying or renting the
,s'. % property does not comply with the provisions of.
r: 1008-2.014 Notices to affected persons.'
`sub (a) within the time"provided for in•
�:z'1`s'-_:: : ,. .• Within ten days ,after -the effective.-date of a -: the`resolution enacted pursuant. to Section..
-=. -resolution,;,_adopted •'pur'uant:"to- Section: :: , 1008-2.006, the public works director shall post
NIP" 1008-2.006 the clerk of the board shall notify written notice on thepropertybein served and
Y 8
all affected utilities and all persons owning real thin da s thereafter shall have the authority to
.;s•: P g Y Y tY
i property within 'the district created by the order the disconnection and removal of any and
resolution'of'the adoption.thereof. 'the clerkall overhead service wires and • associated
shall further 'notify such affected property facilities supplying utility , service to - the
owners of the *necessity that if.they. or any.. ro er
`•. ,-: person occupying such 'property rty ;,desire to. -_ (c) If the action required in;subsection (a) is^.
continue to.receive electric communication, or 'not accomplished by any person'-within the time
similar or"associated service,: they ,or". such -provided for in the resolution* enacted pursuant '.
tf=
y occupant shall provide all necessary facility to Section 1008-2.006, they.'public 'works'
changes on their premises so as to receive such director, as an alternative to subsection(b) "ma
service from the lines of the supplying utility or, give notice in writing to the person in possession
utilities at a new location, subject to applicable of such premises, and a notice in writing to the
-rules; regulations and tariffs of the respective owner thereof as shown on the last equalized
utility or utilities on file with the commission:' assessment. - roll, toprovide _the "required
���� •• • Notification by the clerk of the board sliall be' undergroui►d' facilities' within tern days' after•"
.� made liy. mailing a copy'of the resolution ' ipt of such`notice: •r. '�i`•.;.�=''
adopted "pursuant to Section 1008-2.006"' (1) The notice ' to provide the.'required .
_ together with a copy of this chapter, to affected underground facilities may be given .either by
property owners as such are shown on the last personal service or by mail. In case of service by
equalized assessment roll and to the affected mail on either of such persons, the notice must
utilities. (Ord. 68-10 § 2 (part), 1968: prior be deposited in the .United States mail in a
code § 7807). scaled envelope with postage prepaid, addressed
to the person in possession of such premises at
1008-2.016 Responsibility of utility such premises, and the notice must be addressed
companies. if underground construction is to the owner thereof as such owner's name
necessary to provide utility service within a appears, and must be addressed to such owner's
district .created by any resolution adopted last known address as the same appears on the
pursuant to Section 1008-2.006, the supplying last equalized assessment roll, and when no
utility shall furnish that portion of the conduits, address appears, to General Delivery, city or
conductors and associated equipment required town of . . . . . ... .. If notice is given by mail,'
to be furnished by it under its applicable rules, such notice shall be deemed to have been
477