HomeMy WebLinkAboutRESOLUTIONS - 06061989 - 89-355 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, 1989, 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.
I
This Board hereby fixes December 15, 1989 , as the date on which I
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 of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: 111N 9 1989
MiIL BATCHELOR,C*k of the Board
of Supav OM and countt/y Administrator
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 frit, communioation or similar or except as said overhead facilities
CONTRA COSTA COUNTY, associated service by means of elec• may be required to furnish service i
CAIAFORNZA, ESTABLISHING trical materials or detvices. to an owner or occupant of property
I.
REGUATfONS 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 hearings to derground wont-necessary for such !
UT➢I.ITY FACLLITIES AND ascertain whether the public owner or occupant to continue to
• .. THE INSTALLATION OF necessity, health, safety or welfare receive utility service as provided i
• UNDERGROUND FACILIT3ES requires the removal of poles, in Section 7809 herecd, and for
IN UNDERGROUND overhead wires and associated such reasonable time required to
uTniTy DISTRTCrS AND overhead structures within remove said facilities atter said
R'EPEALiNG ORDINANCE designated unincorporated areas of Fork has been performed, and ex-
CODE PROVISIONS IN the County and the underground sept as other-Ase provided in this
CON Licr THEREWmm. installation of wires and facilities 'division.
The $oatd of Supervisors of Can• for supplying. electric, eom- Section 7805. Exception
Ins Costa County do ordain as murdeation, or similar or associated Emergency or U n n s a a i
fol'low's: service or the installation of a Circumstances. Notwithstanding the ,
SFA MON R. Division 8 (corn• modified underground system. The provisions of this division, overhead
tnencinfacilities may be installed a
g with Section 7801) of Tide Clerk of the Board shall notify nd i
7 of the Ordinance Code of Contra all affected property owners as .maintained fes_ a period, not to I
Costa County Is hereby repealed. shown on the last equalized exceed ten (10) days. w-lthrnut
SECPION R. Division 8 (Doan• assessment roll and utilities con- authority nt the Board in order
mencing with Section 7801) is hereby oerned by mall of the time and to pfd may
emngeuy l perms The
added to Tile 7 of the Ordinance place of such hearings at least Bo'a'rd may grant special oermisston, .
Code of Contra Costa County to test (10) days prior to the date on such terms as the Board may i
teed as follows: thereof. Each such hearing anall deem appropriate, in cases of
Dlvlatot S. Utilities be open to the public and may discrimination
l attctirrias hos, without
r
Chapter 1.Underground Utility be continued from time to time. dlscrlm aeration as W any person
Districts. At each such hearing all persons or utility, to erect, construct, install.
Section 7801. Definitions : 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 assoctated
• wards or phases hereinafter In this of the Board shall be final and overhead structures.
section defined are used, they shall conclusdve, At the conclusion of Secdon 7806. Other Exceptions. .
have the t�ecCve mean 1 n g a the hearing, the BoarC may make This division and any resolution ;
assigned to ham in the following changes in, to or from the boun- adopted pursuant to Section 7805
hereof shall vril
definitions: daries of the designated disvtded in such resolution,trict , sotn, ninot pro. I ,
(w) '•Commission" shall mean the area but the Board shall not change resolution,
Public Utilities Commission of the the boundaries to. include any ter• to the following types of facilities: -
State of California. ritory which was riot described in (a) Any county or manic-pal
(b) ''U n d e r g round Utility the notice for the aforesaid public facilities or equipment installed
District" or DLvtriM" shall mean hearing. under the supervisrm and to the
that area in the County within Seotioni 7803. Board May Designate satisfaction o[ the County's Public
., a toh poles, overhead wires, and Underground Utility Districts by Works Director.
associated overhead structures are Resolution. It, after any such public (b) Poles or electroliers used ex-
prohibited as such area Is described hearing the Board finds that the elusively for street lighting.
Is a resolution adoptedd pursuant public necessity, health. safety ar (c) Overhead wire; (exclusive of
to the provisions of Section 7803 welfare requires such removal and suppoctirg Structures) tossing any
of this ordinance' such underground installation or the portion of a District within which ..
(c) "Person" shall mean and installation of a modttied underground overhead wins have been pro-
dnchtde individuals, firms, ccs•• !
portions, partnerships, and their system within a designated area, ofbttth p irne cct�tg to buildings
agents and employes. the �uc at resolution, de- on the perimeter of a District.
(d) 'Poles, overhead wires and dare such designated area an derUn- when girth wires polesorigl.ate in as
rhead
t associated o v e r h e a d structures" such rmd Utility District and Dade- area from width pwle5, cad str c- _.
shall mean poles, towers, supports, such ion o r and underground §a wires and associated ecertsa3 strut•
wired, conductors, guys, stubs, plat- modified
or the installation S a tures are no: over end
forms, c r o s s a r m s, braces, modified underground system.sc Such (d) Poles, overhead wires and
transforriers. insulators• cutouts, resolution shall include a description associated overhead structures used i ..
switches, communication circuits, of the area comprising such district for the L-atYs.^tission of electric
appliances, attachments and ap• and shall fix the time within which energy at nominal voltages in excess
purtenances located aboveground such removal and underground of 34,500 vau.
within a Distrito and used e- useful installation or the instalatior• of (e) Overhead wires attached to -
w supplying electric, communication zestful a modified underground system shall the exterior surface of a building
• in similar el associated service. be accomplished and within which by means of a bracket or other
"Poles, overhead wires and affected property owners must he fixture arid extending from one loca-
• associated structures" does not ready to receive underground tion on the building to another
ltrrlude a '' 'ed underground service. A reasonable time shall location on the same building or
system where the installation of be allowed for such removal and to an adlacent building without
such systtrn in a district has been underground installation or the crossing any public street.
specifloall,y ordered pursuantto Sec• installation of a modified un• (f) Antennae. associated
tion 7803. rreegraarrd for the a'ound aliabilityl of la'or, hurry,used nt dbysjutility ng struc-
for
st Modified underground elect
,
system" means an e 1 e c t r 1 c a 1 materials and equipment necessary furnishing communicaton services.
distrtbution system consist inrt of for such removal and for the (g) Equipment appwRen ant to
metal poles supporting high voltage installation of such underground' underground facilities. such as
winos, switches, transformers and facilities as may be occasioned surface mounted i ansformers,
street lights, with all other facilities thereby pedestal mounted termfnal boxes .
and wires to, the supplying and Section 7864. Unlawful Acts. and meter cabinets, end concealed
distribution of electrical energy and Whenever the Board creates an ducts. '
service placed u n d e r g r o u rid, 'Underground Utility District and ( m
h) Temporary Popes, Overhead -
including occasional poles suWing orders the removal of poles, wires and assocla+-cd overhead strut-
only tt !at lights it a 'ght is overhead wires and associated tures used or ter be used in con-
. required at a location where a overhead structures therein as pro- junction with cor!ruodon projects.
metal electric d"stribution pole is vided in Section 7803 hereof, it Section 7007. Notice to Property
not suitable. shall be unlawful for any person Owners and Utility Companies. '
(f) "County" means .the County .or. utility to erect, construct, .place, Within- ten. (Hr) days after the
of Contra Costa. a political sub- keep, maintain. continue• employ effective date of a rem,Aution .
division of the State of California. or operate poles, overhead wires adopted pu:3::an; to Section .7803
(g) "Board" means the Board of and associated overhead structures hereof. the Cie-k of the Board
• Superviears of Contra Costa County. in the District after the date when shall notify- all nrteded utilities
(h) ".Utility" shall include all said overhead facilities are required and all persons o-,%rvjog real property
won_ -- -
1
within the district created by said of such premises at such premises, and Tax Collector a notice of lien
resolution of the adaption thereof, end the notice must be addressed on each of said properties on which
Saud 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, it they or any person dressed to such owners 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, corn. the last equalized assessment roll, for taxes levied against the premises
munication, or similar oro associated and when no. address appears, to upon which said assessment was
service, they or such occupant shall General Delivery, City or Town riot paid. Said assessment shall
provide all necessary f a c i 1 t t y of - . If notice is given be due and payable at the same ... . .
changes on their premises 'so as by mail, such notice shall 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 pard
• lines of the supplying• utility or the �person to whom it has been when due sand payable, shall bear -
utilities ,at a new location, subject sent within forty-eight (48) hours interest -at the nate of six percent
to applicable rules, regulations and- after the mailing thereof. If notice (6%) per annum.
tariffs of the respective utility or is given by snail to either the Section 7810. Responsibility of
utilities on file with the Commission.- 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 mailing wittr)rt forty-eight (48) hours after equipment from all poles required
a copy of the resolution adopted the mailing thereof, cause a-copy tot removed hereunder in ample
pursuant to Section 7803, together thereof, ted on a card not less time to enable the owner or user
with a copy of this division, to than eight (8) induis by ten (10) of such poles to remove the same
affected property owners as such inches in size, to be pasted in within the time specified in the
are. shown on the last equalizeda conspicuous place on said resolution enacted pursuant to Sec- -
assessment roll and to the affected premises, tion 7803 hereof.
utilities. (2) The notice give[ by the Public Section 7811. Extension of Time, -
Section 7808. Responsibility of Works Director to provide the re- In the event that any act required
Utility Companies. If tmd.allp7omd quired underground facilities shall by this ordinance or by a resolution - -
construction is necessary W provide particularly ,specify what work is adopted pursuant to Section 7803
.. .. utility service within a District ,required -to be done, and shall hereof cannot be performed within .
created by any resolution adapted state that if said work is not the time provided on account Of
pursuant to Section 780.1 hereof, completed within thirty (30) days shortage of materials, sear, restraint
the supplying utility shall furmish atter receipt of such notice. the .by public authorities, strikes, labor .. .
that portion of the co adults, con- Public Works Director will provide disturbances, civil disobedience, or
duetors and associated equipment such requited underground facilities, any other circumstances beyond,the
required to be furnished by it under in which case the test and expense control of the actor, then the time
Its applicable rules. 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. (1a) Every person (3) If upon the expiration of the of such limitation. -
owning, operating, leasing, Oc- thirty (30) day ;period, the said Section 7812. Pepalty. Any viola-
' . cupying or renting a building orrequired underground facilities have tion of this division by any person,
structure within a District shall nat been provided, the Public Works ftrm, c o r p o r a t i o n, partnership,
perform construction and provide pirecto,r shall forthwith.proceed to association, or any combination of
that portion of the service con• do the work. Upon completion of these acting together shall be a -
nection on his ;Tetz+ty between .� work ' b the Public Works -
the facilities referred to in Section y misdemeanor punishable pursuant Of _
8 and the termination facility on Director, she shall file a written the provisions of Section 1200 of
or within said building or structure treport he f with the Shard setting forth this code. .
being served, all in accordance with the fact that the required un-Pro-
SECTION ISI. Constitutionality. e,
- appliaabie rules, regulations and videddergrand facilities have been pro• ,any section, ase Of this sentence.
tariffs of the respective utility or with and the cost thipt' together clause or phrase of this ordinance -
ts with property 7ega1 dssth-ichion of the is for any reason held W bf invalid,
, utilities on file with the Commission. against which such cast
(!b) In the event any person own- is to be ,assessed. The Board shall such decision shall not affect the -
ing, operating, leasing, occupying thereupon fix ,a time nand place validity of the remaining portions
or renting said property does not for hearing ,protests against the Of this ordinance. The Board hereby -
comply with the provisions of sub• assessment of the cost in such declares that it would have adopted
. . paragraph (a) of ,the Section 7809 voork upon such premises, which this ordinance and each section,
within the time ,provided for in said time shall not be less than sub-section, sentence, clause or
the resolution enacted pursuant to ten (40) days thereafter. - phrase thereof, irrespective of the -
Section 7803 hereof, the Public (4) The Public Works Director . fact that any one or more sections, ..
sub-sections, sentences, douses of
Works Director shall past written shall fonthwith, upon the time for -
notice on the property being served hearing such ,protests having been SECTION TV.phrases be declared invalid.
have the authority thereafter
order the IVE
yeti. give a notice in wilting DATE. Ths ordtnareoeFbecomes ef.
disconnection and removal of ani to the (person in possession of such fective 30 da - --
ard all overhead service wines and 'premises, -and a notice in writing
Ys after passage, and .
associated facilities supplying utility thereat to the owner thereof in within 15 days ad .passage shall
service to said Elie manner hereinabove pry Published care with the names
�'ortY' of supervisors voting for and against
for the giving of the notice to
(o) if (a) above is not ac- ,wide .the required underground it in THE INDEPENDENT, a
eornplished by any parson within facilities, of the time and place newspaper published in this county, _
Sha time 'Provided for Int8na resolu• that . .will pass upon such PASSED AND ADOPTED rot
the Board :
tion enacted pursuant to Section ,mom and will hear protests against March 5, 1968, by the following
7803-hereof, the Public Works Direc• ouch assessment. Such notice shall vote:
tt�ottvrre es Ian alternative to (b), may also set forth the amount of the Supervisors: AYE NO ABSENT
!n pains tess4crr of such pmemises�a d proposed assesarnernt. 1. J. P. Kenny (X) ( I ( )
a teot[ce !n wrtttng tq the owner (5) Upon the date and hour set 2. A. M. Dias (X) ( ) ( ))
tlnareof. as shown on the last for the hearing Of protests. the 3. J. E, Moriarty (X)
equalized assessment roll, to provide Board shall hear and consider the 4. T. J, Coll (X) ( ) ( )
: .the required underground facilities report and all protests, if these 5. E. A Linscheld (X) ( ) ( ) -
within ten (10) days after receipt be any, and then proceed to affirm, ALFRED M.DIAS
of such notice. modify or reject the assessment. Chairman of the Board
(Q) The notice to provide the re• (6) If any assessment is not paid (SEAL)
qulred underground facilities may within five (5) days after its con- ATTEST:
Poe Even either by personal service firma ion by the Board, the amount W.T. PA.ASC3i
or y mail. In case cf service of the assessment shall become County Clerk and
by mail on either of such persons, a lien upon the property against ex officio Clark .
the notice must be deposited in which the assessment is made by of the Board
the United "States mail in a sealed the Public Works Director- and By: NANCY INQR_411A:M
'envelope with postage prepaid. adv the Public Works Director is Deputy, . .
dressed to the person in possession directed to turn over to the Assessor 1-1966--larch 14, 1968. . , ,