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HomeMy WebLinkAboutMINUTES - 06061989 - T.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 6, 1989 , by the following vote: AYES: Supervisors Powers, McPeak, Torlakson, Schroder NOES: ABSENT: Supervisor Fanden Resolution to Establish ABSTAIN: Underground Utility District No. 25 RESOLUTION NO. 89/355 SUBJECT: In The Matter of Establishment of Underground Utility District No. 25 West Pittsburg Area The Board of Supervisors of Contra Costa County RESOLVES that: This Board's Resolution No. 89/311 fixed 11: 00 a.m. on Tuesday, June 6, 1969, 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 on Willow Pass Road from Port Chicago Highway to North Broadway Avenue and on Port Chicago Highway from 100 feet south of the Willow Pass Road to Lynbrook Street, all in the West Pittsburg Area, as more particularly described and delineated on Exhibit "A" attached to said Resolution No. 89/311 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 June 6, 1989 , 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 as herein above 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. Pursuant to Chapter 1008-2 of the Contra Costa County Ordinance (Ord. No. 68-10) , the above-described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 25 of the County of Contra Costa. The utility 'is authorized to pay for no more than 100 feet of each customer ' s underground electric and communication service laterals as a result of the undergrounding. This Board hereby fixes December 15, 1989,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 and the underground installation of wires and facilities for supplying electric , communication , or similar or associated service within Underground Utility District No. 25 on or before July 1, 1990 . RESOLUTION NO. 89/355 Board of Supervisors June 6 , 1989 Page Two The Clerk of this Board is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 25 of the adoption of this Resolution within ten (10) days. Said Clerk shall further notify said property owners of the 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. 25 as such are shown on the last equalized assessment roll and to the affected utilities. 1 hereby certify that this is a true and correct copy 01 an action taken and entered on the minutes of the Board of Supenlsors on the date shown. ATTER .IIIN 6 1989 PHIL BATCHELOR,Clerk of the Board 0 Supwvlsws w4 County Administrator J6!c19a�sa � .fly [� .0"Uty RVF:md BO:UUD1 Orig. Dept. : Public Works (RE) cc: Property Owners (see list) PG&E , Pacific Bell (via PW) Via Com (via PW) Calif. Hwy. Patrol RESOLUTION NO. 89/355 I i ORDINANCE NO. 68.10 persons or entities supplying elec- to be removed by such resolution. AN ORDINANCE OF trrc, communication or similar or except as sadd overhead facilities I CONTRA COSTA COUNTY, associated service by means of elec. may be required to furnish service i CALIFORNIA, ESTABi.rcrirNG trical materials or devices. to an enmer or occupant of property REGULATIONS AND Section 7802. Public Hearing,by prior to the perfcrmance y such PROCEDURES FOR THE Board. The Board may from time owner or occupant of the un- REMOVAL OF OVERHEAD to time call Public heaririga to derground work necessary for such UTII.TTY FACILITIES AND ascertain whether the public owner or occupant to continue to .. THE INSTALLATION OF necessity, health, saYMy or welfare receive utility service as provided i • UNDERGROUND FACILI77ES requires the removal of poles, in Section 7809 herecS, and for I IN UNDERGROUND overhead wires and associated such reasonable time required to UTILITY DISTRICTS AND overhead structures" within remove said facilibes after said REPEALING ORDLNANCE designated unincorporated areas of work has been performed, and ex- CODE PROVISIONS IN the County and the underground cept -as other.vise provided in this CON'!'LrCT THEREWITH. installation of wires and facilities -division. 17ne Board of Supervisors of Con• fair supplying electric, corn- Section 7805. Exception Ara Costa County do ordain as munication, or similar or associated Emergency or U n u s a a i follows: se^vice or the instalation of a Circumstances. NoWithstanding the SECTION 2. Division 6 (eon- modified underground system. The Provisions of this division, overhead I mencing with Section 7801) of Title Clerk of the Board shall notify faci•Lties may, be installed and i 7 of the Ordinance Code of Contra all affected .property owners as maintained for a Period• not to I Costa County is hereby repealed. shown on the last equalized exceed ten (10) days, without ' SECTION II. Division 8 (Dorn• assessment roll and utilities con- authority of the Board in order mencing with Section 7801) is hereby earned by mail of the time and to provide emergency service. The added to Title 7 of the Ordinance place of such hearings at least Board may grant special Permission, r Code of Contra Costa County to ten (10) days prior to the date on such terms as the Board may i read as follows: thereof. Each such hearing shall deem appropriate, in cases of Division S.Utilities be open to the public and may unusual circumstances. without F Chapter 1.Underground Utilitybe continued from time to time. discrimination as to any person ' Districts. At each such hearing all PQM or utility, to erect, construct, install, + Section 7801. m e f i n i t i o n s: interested shall be given an op- maintain, use or operate poles. . Whenever in this ordinance the portunity to be heard. The decision overhead wires and associated. ! words or phases hereinafter in bib of the Board shall be final and overhead structures. section defined are used, they shall conclusive. At the conclusion of Section ion Ocher Exceptions. . have the respective m e a n i n g s the hearing, the Board may make This division and any resolution assigned to there in the following changes in, to or from the boun- adopted .pursuant to Section 7803 definitions: dairies ad the designated district hereof shall, unless other vAse pro- I .- (in) Commissdon" shall mean the area but the Board shall notchange vided in such resolution, not apply ; Public Utilities Commission cd the the boundaries to include any ter• to the following types of facilities: State of California. ritory which was not described in (e) Any county or municipal (b) "Underground Utility the notice for the aforesaid public facilities or equipment installed District" or "District" shall meanging• under the is and to the that area at the County within Seotion 7803 Board May Designate satisfaction of the Cotmty's Public ' w0doh poles, overhead wires, and Underground Utility Districts by Works Director. associated overhead structures are Resolution. If, after any such public (b) Poles or electrole-s used ex- prohibited ih is resolution suchadopted re- ipursuantdescribedhearingthe Board finds that the elusively for street lighting. . provtsxpublic necessity, health• safety or (c) Overhead wirer (exclusive of W the , f this oprovisce.tons Seethe 7503 welfare requires such resraval and supporting structures) cross" any L (c) "Person" shall meanaid such underground installation cr the portion of a District within which .. dnchrde individuals, tkrms, ' Corr installation of a modified underground overhead wires have been pro- �. . ponations, partnerships, and their system within a designated area, hibited. or cornectng to buildings agents and employes. the Board shall• by resolution, de• on the perimeter of a District. , d) "Poles, overhead wires and Clare such designated erect an Un- when s:tch wires eriq'"tate in an ( s associated ori o v e r h e a d structures" dergr*und Utility District and order area from which Poles. overhead shall mean poles, towers, supports, such removal and uoverhead in- wires and associated erhead strut- wires, conductors, guys, stubs, plat- stallation or the installation of a tures are not Prohibited. forms, erossarms, braces, modified underground system. Such (d) Poles, overhead wires and transformers, insulators, cutouts, resolution shall include a description associated overhead structures used switches, communication circuits, of the area comprising such district for the t-:a+.smission _U electric appliances. attachments and ap• and shall fix the time within which energy at no:nes ieal voltages in excess purteeances located aboveground such removal and underground of 34,500 vats. within a District and used or useful installation or the installation of (e) Overhead wires attached to !n s lying electric, communication a mcdiHed underground system shat] the exterior surface of a Iruiiding • or similar or assoctated service. be accomplished +arid within which by means of a bracket or other Poles, overhead wires and affected property owners must be fixture and extending from one lata• • associated structures" does not Toady R0 receive underground tion on the building to another include a modified underground '1 A reasonable time shall location on the same bulding or system where the installation of be alloyed for such removal and to an adjacent. building without such systtm in a district has been underground installation cr the crossing any public street. spectfieally ordered pursuant to Sec• installation ad a modified un. (f) Antennae, associated ' titian 7803. derground system, having due equipment and suppert:ng strut. (e) Modified u n de r g r o u n d regard for the -availability of labor, tures, used by a utility for mate system" means an electrical rials and equipment necessary furnishing communication services. distribution system consist ing of for such removal and for the (g) Equipment appurtenant to metal poles supporting high voltage installation o! such underground- undergrnurA facilities, such as wires, switches, transformer and facilities as may be occasioned surface mounted t+ansdorriers, street lights, with all other fa ties thereby pedestal mounted te_rminal boxes and wires for the supplying and Section 7W4. Unlawful Acts. and meter cabinets, end ciDmeaied distribution of electrical energy and Whenever the Board creates an ducts. service placed underground, Underground Utility District and (h) Temporary poles, overhead including occasional poles suvportung orders the removal of poles• wires and assoclatrd overhead strut- only street lights it a L'ght is overhead wires and associated tures used or W be used in con- required at a location where a overhead structures therein, as pro* junction with c�nstnieCon projects. metal electric &-stribution pole is vided 1n Section 7803 hereof, it Section 7007. Notice to Property not suitable. shall be unlaw4ul for any person Owners and Utility Companies. (i) "County" 'means .the County or. utility to erect, construct, .place, Within ten. (10) days after the of Contra Costa, a political sub- keep• maintain, continue, employ effective date of a re�otution ' division of the State of California. or operate poles, overheadwires adapted pursuar.,; to Sc_tion .7803 (g) "Board" means the Board of and associated overhead structures hereof. the Cie-k of the Board Supervisors of Conrra Costa Countyin the District atter the date when shall notify all af(ected utilities ' (h) "Utility" shall include all said overhead facilities are required and all persons o:%nirg real property , I within the district created by said of such premises at such premises, and Tax Collector a notice of lien resolution of the adoption thereof, and the notice must be addressed on each of said properties On which Said Clerk shall further notify such to.the owner thereof as such owner's the assessment has not been paid, affected property owners of the name appears, and must be ad- ' and said Assessor and Tax Collector necessity that, if they or any person dressed to such owner's last known shall •add the amount of said occupying such property desire to address as the same appears on •assessment to the next regular bill continue to receive electric, com• the last equalized assessment roll, for taxes levied against the premises munieation, or similar or associated and when no. address appears. to upon which said assessment was service, they or such occupant shall general Delivery, City or Town not paid. Said assessment shall provide all necessary l a c i 11 t y of . 11 nodre is given be due and payable at the same .- . changes on their premises so as by mail, such notice Shaul be time as said property taxes are to receive such service. from the deemed to have been received by due and payable, and if not paid • lines of the supplying utility or the person to whom it has been when due and payable, shall bear utilities ,aft a new location, subject sent within forty-eight (48) hours interest at the rate of six percent to applicable rules, regulations and_ after the mailing .thereof. If notice (8%) per annum. tariffs of the respective utility or is given by mail to either the Section 7810. Responsibility of utilities on file with the Cove.mission: owner or occupant of such premises, County. County shall remove at " Notification by the Clerk of the the Public Works Director shall, its own expense all County owned Board shall be made by mallingg within forty-eight •(48) hours after equipment from all poles required a copy of the resolution adopted the ma9ling thereof, cause a copy to be removed hereunder in ample pursuant to Section 7603, together thereof, printed one card not less time to enable the owner or user with a copy of titin diviston, to than eight (8) inches by ten (10) of such poles to remove the wane affected property owners es such inches in size, to be posted in within the time specified In the - azr" Storer on the last equalized a conspicuous place on said resolution enacted pursuant to Sec- assessment loll and to the uYlected premLus. tion 7803 hereof. u (2) The notice given by the Public Section 7811. Extension of Time. - Section 7808. Responsibility of Works Director ,to provide the re- In the event that any ant required Utility Companies. If underground quired underground facilities shall by this ordinance or by a resolution construction is necessary to provide particularly specify what work is adopted pursuant to Section 7803 . utility service within a District .required -to be done, and shall bereof cannot be performed within . created by any resolutim adopted state that if said work is not the time provided on account of _ pursuant to Section 7803 hereof, completed within thirty (30) days shortage of materials, war, restraint the supplying utility shall furnish after receipt of such notice, the .by public authorities, strikes. labor that portion of the conduits, con- Public Works Director will provide disturbances, civil disobedience, or duoWrs and associated equipment such required underground facilities, .any other circumstances beyond the required to be furnished by R tinder in which case the cost and expense control of the actor, then the time " Its applicable Tiles, regulations and thereof ,will .be assessed against within Which such act will be ac- tariffs on file with the Commission. .the property benefited and become complished shall be extended for Section 7809. Responsibility of a•lien upon such property a period equivalent to the time _ Property Owners. (ia) Every person (3) If upon the expiration of the of such limitation. owning, operating leasing, oc- thirty (30) day period, the said Section 7812. Penalty. Any viola- eupying Or renting a building or required underground facilities have tion of this division by any person, structure within i District shall not been provided, the Public Works firm, c o r p o r a t 1 o n, partnenshtp, perform construction and provide .Director shall forthwithproceed to association, or any combination of that portion of the service con- do the work. Upon completion of these acting together shall be a nectian on his����;'�� bet's the work by the Public Works misdemeanor.punishable pursuant to the Beier termination facility Section e tion Director, be shall file a written the provisions of Section 1200 of8 and the _ or ding or structure 'report with the Board setting forth this code. within said the . or fact that the required un• SECTION 7.11. Constitutionality. If being served, all it accordance with cable rules, regulations end derground facilities have been pro- -any section, subsection, sentence, applicable of the respective utility or vided and the cost thereof' together clause or phrase of this ordinance tariffs f Elle with the Commission. with a legal deeceiption of the is for any reason held to be invalid,utiliti . • (b) In the event any person own- property against which such cost such decision shall not affect the ' Ing, Operating, leasing, occuPy'utg M to .be assessed. The Board shall validity of the remaining portions or renting said property does riot thereupon fix a time land place of this ordinance. The Board hereby comply with the provisions of sub- Eos searing protests against the declares that it would have adopted " . paragraph (a) of .the Section 7809 work opo of the cost of such this ordinance sand each section, provided for to work upon such premises, whichor within the time subsection, sentence, clause he -the resolution enacted said kine shall not be less Lhan pursuant to ten (•30)days thereafter. phrase thereof, irrespective of the - Section 7803 hererd, the Public (4) The Public Works Director . fact that any one or more sections. Works Director shall ppoosst Written shall forthwith, upon the time for sub-sections, sentences, clauses or notice on the property bong served hearing such protests having been phrases be declared invalid. . �and thirty (30) days thereafter shall I5xed, give a ngtice in writing SECIZON IV. EFFECTIVE - have the authority to order the to the Person in possession of such DATE. Ths ordinance becomes ef- di9conneetim and removal of any �premises, -and a notice In writing Lectrie 30 days atter passage, sed sand all overhead service wises and thereat 20 the owner thereof in within 15 days of psssage shall . associated facilities �supplying utility the .manner hereinabove provided be Published ontt with the names vd service to said property. for the giving of the notice !o of supervisors voting for and against (o) If (a) above is not ac• the required underground it in THE INDEPENDENT, a Sl�li shed by any parson within to ben, a the time and plane newspaper published in this county. tion enacted provided pursuant the resolu-W Section that .the Board.will pass upon such PASSED AND ADOPTED on 78M hereof, the Public Works Dlrec• 'report and will hear protests agce ainst March 5, 1968, by the following tor, ,aa .an alternaMve th (b), may hall vote: a� set fosrrtthn the Such off the Supervisors: AYE NO ABSENT €!ve notice 1n writingto the parson - in posaessiert of such �a,emises, and pfd assessment.the 1. J. P. Kenny {X) ) ( ) a notice to writing tq Use eerier (S) Upon the date and hour set 2. A. Dias (X) EM.. (( ) ( ) thereof. as shown on the last for the �hearing of protests, the 3. J. E. :•Sortarty (X) equalized assessment roll, to provide Board shall hear and consider the 4. T. J. Call (X) ( ) ( ) the required underground facilities report -and all pretests, if there 5. E. A Linscheld (X) ( ) ( ) within ten (10) days after receipt be any, ,and then proceed to affirm, ALFRED M.DTA:S . of such notice. modify or reject the assessment. Chairman of the Board ' (4) The notice to provide the re- (6) If any assessment is not paid (SEAL) qutred underground facilities may within live (8) days after its con- .ATTEST: be given either by personal service firmation by the Board, the amount W.T. PAa.SCH or by mail. In case of service of the assessment shall become County Clerk and by mall on either of such persons, a lien upon the property against ex officio Clerk the noticemust be deposited it which the assessment is made by of the Board the United 'States mail in a sealed the Public Works Director, and By: NANCY INGRAHAM " 'envelope with postage prepaid. ado the Public Works Director is Deputy. - dressed to the person in possession directed to turn over to the Assessor 1-1966—March 14, 1868. " . .