Sections:
15.60.010 Definitions.
15.60.020 Public hearing by council.
15.60.030 Council may designate underground utility districts by resolution.
15.60.040 Unlawful acts.
15.60.050 Exception, emergency or unusual circumstances.
15.60.060 Other exceptions.
15.60.070 Notice to property owners and utility companies.
15.60.080 Responsibility of utility companies.
15.60.090 Responsibility of property owners.
15.60.100 Responsibility of city.
15.60.110 Extension of time.
15.60.120 Penalty.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
"Commission" means the Public Utilities Commission of the state of California.
"Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.
"Poles, overhead wires and associated overhead structures" means 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, communication or similar or associated service.
"Underground utility district" or "district" means that area in the city 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 15.60.030 of this chapter.
"Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Ord. 219 § 1 (part), 2000)
The council may from time to time call 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 city and the underground installation of wires and facilities for supplying 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 utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.
(Ord. 219 § 2 (part), 2000)
If, after any such public hearing, 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.
The council shall also make one or more of the following findings:
A. That such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities.
B. The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic.
C. The street or road right-of-way passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.
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 must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of funds, labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 219 § 3 (part), 2000)
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 15.60.030 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 to be removed by such resolution, except as such overhead facilities may be required to furnish service 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 of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 15.60.090 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.
(Ord. 219 § 4 (part), 2000)
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the development services director in order to provide emergency service. The development services director may grant special permission, on such terms as the development services director 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.
(Ord. 219 § 5 (part), 2000)
In any resolution adopted pursuant to Section 15.60.030 of this chapter, the following are exempted unless specifically included in the resolution:
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, when 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 thirty-four thousand five hundred (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;
H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
(Ord. 219 § 6 (part), 2000)
Within ten days after the effective date of a resolution adopted pursuant to Section 15.60.030 of this chapter, the city clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. Such 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 service, they or such occupant shall 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.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 15.60.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Ord. 219 § 7 (part), 2000)
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