HomeMy WebLinkAboutResolution 2004-231 N.C.S. 12/06/2004 Resolution TVo.2004-23ij~,C.S.
of the City of Petaluma, California
RESOLUTION ESTABLISHING A RULE 20B UNDERGROUND UTILITY DISTRICT IN
THE VICINITY OF "D" STREET BETWEEN. FIRST STREET AND FOURTH STREET,
.AND FIRST STREET BETWEEN "D" AND "F" STREET
("D" STREET UNDDERGROUND UTILITY DISTRICT
WHEREAS, on November 22, 2004 in accordance with Petaluma Municipal Code Section
14.36.020, the City Clerk of the City of Petaluma notified by mail all affected property owners as
shown on the last equalized assessment roll and utilities concerned of the time and place of a hearing
to ascertain whether the public necessity, health, safety, or welfare require the removal of poles,
overhead wires, and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication or similar or associated service in the district
described below,. hereinafter called the "District"; and,
WHEREAS, such mailed notice of a public hearing concerning the proposed District gave
the hearing location as the Council Chambers in the City Hall, Petaluma, California and set the
hearing for December 6, 2004, 10 days after notice was mailed to affected property owners in
accordance with Petaluma Municipal Code Section 14.36.020; and,
WHEREAS, in accordance with Petaluma Municipal Code Chapter 14.36 and other
applicable law, the City Council of the City of"Petaluma held a`hearing on the proposed formation of
the District, as .described below, on December 6, 2004 and all persons interested were given an
opportunity to be heard; and,
WI~EREAS, formation of the District as proposed is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to the following authorities: Section 1.5282
of Title 14 of the California Code of Regulations concerning new pipelines and other underground
facilities of less than one mile in length and located in the public right of way; Section 15301(b) of
Title 14 of the California Code of Regulations for minor alterations involving negligible or no
expansion of use of existing public or private structures, facilities, mechanical equipment or
topographical features related to public and investor owned utilities used to provide electrical power
or other public utility services; and Section 15302(d) of Title 14 of the California Code of
Regulations for conversion of overhead utility distribution facilities to underground facilities
including connection to existing overhead utility distribution lines where the surface is restored to the
condition existing prior to the undergrounding.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby finds and determines that the foregoing recitals are true and correct and are hereby included
herein by reference as findings of the City Council of the City of Petaluma.
BE IT' FURTHER RESOLVED that the public necessity, health, safety and welfare require
the removal of poles, overhead wires, and associated structures, and the underground installation of
wires and facilities for supplying electric, communication or similar or associated. service in the
district more particularly described in the attached Boundary Map, marked. "Exhibit A," and on the
Resolution No. 2004-231 N.C.S.
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attached description, marked "Exhibit B," entitled "D" Street Underground Utility District," which
will include Assessor Parcels 8-064-004 and 005, 8-123-001, 8-122-002, and 006, 8-068-003 and
004(City parcel), 8-121-001, and 8-121-007 through 012.
BE IT FURTHER RESOLVED, the three parcels of 8-122-005, 8-124-006, and 8-112-001
will be required to underground at least one service because their service line ends with. a pole that is
in the district and will be removed.
BE IT FURTHER RESOLVED that all poles, overhead wires and associated overhead
structures shall be removed and underground installations made in said underground utility district
within the following times:
1. Underground installation by utility companies and property owners and reconnections
not later than June 1, 2005.
2. Removal of poles, overhead wires and other associated overhead structures not later
than September 1, 2005.
BE IT FURTHER RESOLVED that in accordance with Petaluma Municipal Code Section
14.36.040, it is 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 pursuant to this 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 to continue to receive utility service, and for such reasonable time required to remove such
facilities after such work has been performed, and as otherwise provided in Petaluma Municipal Code
Chapter 14.36.
BE IT FURTHER RESOLVED that the City Council of the City of Petaluma hereby finds
and determines and voluntarily agrees in accordance with California Streets and Highways Code
Section 5896.5(b) that the City of Petaluma will pay over fifty percent of all of the cost of converting
overhead wires and facilities to underground wires and facilities as proposed for the District. To help
fund a portion of this underground district and other improvements; such as trees, street lighting,
sidewalks, paving and other utility installations, a study is underway to determine the feasibility of
forming a Special Tax District. Once the study is completed, City staff will present its findings to the
City Council for consideration.
BE IT FURTHER RESOLVED in accordance with Petaluma Municipal Code Section
14.36.060 that the following are exempt from the requirements of this resolution and will not be
considered unlawful acts for purposes of Petaluma Municipal Code Section 14.36.040:
1. Any municipal facilities or equipment installed under the supervision and to the
satisfaction of the City Engineer.
2. Poles or electroliers used exclusively for street lighting.
3. 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
Resolution No. 2004-231 N.C.S. Page 2
perimeter of a District, when such wires originate in an area from which poles,
overhead wires and associated structures are not prohibited.
4. 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.
5. Antennae, associated equipment and supporting structures, used by a utility for
furnishing communication services.
6. Equipment appurtenances to underground facilities, such as surface mounted
transformers, pedestal mounted terminal boxes and meter cabinets, and concealed
ducts.
7. Temporary poles, overhead wires and associated overhead structures used or to be
used in conjunction with construction projects.
8. Facilities required for the transmission of electrical power equal to or greater
than 60 kv.
BE IT FURTIIER RES®LVED that the City Clerk, within ten (10) days after the adoption
of this resolution shall mail a copy thereof and a copy of Ordinance No. 893 N.C.S. as codified as
Chapter 14.36 of the Petaluma Municipal Code to all persons owning property within the District and
to the affected utilities. Said City Clerk shall further notify said property owners of the necessity that,
if they or any person occupying such 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 law, including Petaluma
Municipal Code Chapter 14.36 and any applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Public Utilities Commission of the State of California.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting r
on the 6... day of ......December 20Q4.., by the
following vote:
ity Attorney
AYES: Mayor Glass, Harris, Healy,. Vice Mayor Moynihan, O'Brien, Thompson
NOES: Torliatt
ABSENT: None ~
ATTEST:
,L
City Clerk Mayor
Council File
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• EXHIBIT g
Petaluma Theatre District Infrastructure
Underground District Boundary '
All of those certain lands situate and being within the City of Petaluma, State of Cali£omia ,
and lying within the area bounded by`the following described line:
Beginning:. at the most easterly corner of the Lands of'the United States of America (Post
Office) as described in that; certain deed recorded in Book X151 of OfFcial Records at Page
58, Sonoma County Records, said :point of beginning also being the most westerly corner of
the intersection of .Fourth Street .and D Street, said corner is laid down and shown on the
"Map of the City of Petaluma, December 1$65" prepared from the survey by James T.
Stratton, Es.q., U.S. Deputy"Surveyor,. filed in the office of the Sonoma County Recorder in
Folder No. 9; said corner is also defined as the- intersection of the southwesterly line of
Fourth Street with the northwesterly line of D Street as said` streets are laid down and shown
upon. said map; thence leaving said point of beginning and along the northeasterly line of said
Lands of the United. States of America, (being the southwesterly line of Fourth Street) 101
feet, more or -less, to he point. of intersection with the southwesterly projection of the
northwesterly line of Assessor's Parce] Number 008-054-004; thence leavinb said
southwesterly line of Fourth Street and along said Iine projected North 25° 56' East, 66 feet to
the northeasterly line of said Fourth Street; thence continuing along the northwesterly line of
said- parcel 10025: feet to the most northerly corner of said- parcel, thence along the
northeasterly line of said parcel 50.9 feet to the most easterly corner of said parcel; thence
continuing along the northeasterly line of Assessor's Parcel Number 008-064-005 to the most
easterly corner of said parcel,. said corner being a point on the northwesterly line of D. Street,
thence alongahe;northwesterhy line of ,
D Sheet to the. most westerly corner of the intersection
of D Street and'... Petaluma Boulevard South (Third Street as. shown on the aforementioned
map) s aid c orner is also, def ned as, 'the .intersection of the southwesterly line of Petaluma
B'lvd' South with the northwesterly Iine of D Street;' thence leaving. said comer and continuing
across Petaluiiia'$Iwd. South anu along the northwesteriy~line of D Street ?70 feet. more or
less, to the most westerly corner of the~intersection of D Street and Second Street, said corner
P T
bein th~.nte.section of the southwesterly Iine of Second Street with the northwesterly line
of D Street as .shown ;on said map; thence North 64° 02' VlJest along the southwesterly line of
Resolution No. 2004-23'1 N.C.S. Page 5
of the'. intersection of D Street and Fourth Street, said corner is a}so defined as the
intersection of the southeasterly line of D .Street with the northeasterly line of Fourth Street: '
thence .continuing South 25°~ ~6' V~Test, 116 feet; (crossing Fourth Strut) to a point on the
.southeasterly lime of D Street; thence leaving said southeasterly line and crossing D Street
North 64° 04' West, 66 feet fo the .northwesterly line of said Street; thence along the
northwesterlyline,of DStreet North 56' East, SO feet, snore or less, to the True Point of
Beginning.
Containing 8:7 acres,. more,: or;aess.
. j,
The- basis of'bearings for~the above description is the aforementioned "Map of the City of
Petaluma; December 1865."
The intent of this description is to affect that portion of'~the lands-above described for the
orderly. development of the City of Petaluma Project Number 9016. This description was
compiled in the offices of CSW/Stuber-Stroeh Engineering Group,. Inc.. from. record deeds,.
- mapping and legal descriptions obtained from Ciry:of Petaluma and Count~~ of Sonoma files
during January 2004. No gaps: nor gores are intended to be created where record or field
survey inforniafion? may be in conflict.
Prepared by:
CSW7STUBER-STROEH-ENGINEERING GROUP.
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John J. FzfzGerald/ - ~ 'Date
P.L.S. 4Y419 (Lic
nse Expires 9-30'-0'S) ~
. SIC. #~44 ~ 9 .~:r
Job Number: 4:0148.0.1-A ~'~~p' e~^C~-'~
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Resolution No. 2004-231 N.C.S. Page 6