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Home My WebLink AboutResolution 2002-158 N.C.S. 09/17/2002Resolution No. 2002-158 N.C.S. of the City of Petaluma, California ESTABLISHING AN UNDERGROUND UTILITY DISTRICT IN THE VICINITY OF WATER STREET BETWEEN WASHINGTON STREET AND "B" STREET (WATER STREET UNDERGROUND DISTRICT) WHEREAS, on September 4, 2002, 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 September 16, 2002, twelve 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 DisMct, as described below, on September 16, 2002 and all persons interested were given an opportunity to be heard; and, WHEREAS, formation of the District as proposed is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the following authorities: Section 15282 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 overheat utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. Resolution No. 2002-158 N.C.S. 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; and, 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 "Exhibit A," which is hereby made a part of this resolution and such described area is hereby established as the Water Street Underground District, which includes Assessor Parcels 006-282-03 through 23, and 008-054-01, 04, and O5; and, 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 September 1, 2003. 2. Removal of poles, overhead wires and other associated overhead structures not later than January 1, 2004; and . 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; and 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 Reso. 2002-158 N.C.S. Page 2 converting overhead wires and facilities to underground wires and facilities as proposed. for the District; and, BE IT FURTHER RESOLVED that the City of Petaluma voluntarily agrees to make available to each property owner affected by the District an allowance of up to $5,000 toward the cost of connecting underground service to the property, which allowance may not be applied toward the cost of service upgrades, unless such service upgrades are required to connect underground service to the property; and 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 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 sheet; 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; and, Reso. 2002-158 N.C.S. Page 3 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; and, BE IT FURTHER RES®LVEI2 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 ! on the .........17th day of ....... September........ 20 ~~ by the C following vote: .................................... City Attorney AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt NOES: None ASSENT: None ATTEST: ......... .............. ......................................bo ~............ .......... .............................................................................. City Clerk ~ Mayor Council File ................................... "Res. No.......2002-158,.,..,.,N.GS. EXHIBIT "A" WATER STREET UNDERGR®UND DISTRICT Being all that parcel of land lying within the City of Petaluma, County of Sonoma, State of California and more particularly described as follows: BEGINNING at the most southerly corner of Lot 222 as shown upon the "Official Map of the City of Petaluma", made by James T. Stratton (1865) filed in the office of the Recorder of Sonoma County, said Point of Beginning being the intersection of the northwesterly line of "B" Street with the northeasterly line of Petaluma Blvd. (formerly known as Main Street); thence from said Point of Beginningand along the northeasterly line of Petaluma Blvd North 64°02' West; 237.1 feet more of less to an angle point in said line; thence continuing along said northeasterly line North 22°21' West, 763.1 .feet more or less to the most westerly corner of Lot 370 as shown on'the. above mentioned Map, said corner being a point on the southeasterly line of Washington Street as shown on said Map; thence North 67°40' East along said southeasterly line of Washington Street and the northwesterly line of said Lot 370, North 67°40' East, 114._5 feet to the most northerly corner of said Lot 370; thence continuing on the projection of the southeasterly line of Washington Street North 67°40' East, 45.5 feet to the .survey meander line of "Petaluma Creek" as shown on said Stratton Map; thence along said meander line the following courses acid distances: South 30°51' East, 174.6 feet, South 15°24' East, 221.4 feet, South 15°21' East, 201.8 feet, South 18°20' East, 63.2 feet; thence continuing along said meander .line and the northerly line of Lots 225 and 222, as shown on said map, .South 67°35' East, 98 feet; thence North 71 ° East, 62.6 feet; thence North 83°30' East,122 feet to the most northerly corner of the above mentioned Lot 222, said corner being the intersection of the aforementioned meander line with the northwesterly line of "B" Street; thence along said northwesterly line South 25°58' West, 298.7 feet to the Point of Beginning of the parcel of land herein described. Containing 3.5 acres, more or less. The basis of bearing for this description is the above mentioned Stratton Map. (Being Assessors Parcel Numbers 008-054-1-4, and 5, 006-282-3 through 23) P-repared By: . ~ .~ J J.. FitzG raid, P.L: .4419 Date (Licence Renewa14-30-05) ~p,~p CSW/St2, Petaluma, CA 5~~ S~9L Job # 4.1048.00 V~`~ JOHN J. ~ FITZGERALD LIC. # 4419 E:\Ad-Pet\WP60\4\Desc\08 28-02.1048 Resolution 2002-15$ N.C.S. Page 4 _~. ~~C. ;r•~r c„~ h"rZ `. E"f~ :S i~: ~_._.__.. ate °Zf'~ ~ R't'lSa~.Q--,--+ ~ _..._ d a., r ~ ~ ~ ~r ~~ ~` ~~ fl ~ ! ~~, ` t ~, ~, . (J ~' \ `~ fps- ~~,°,j~' ~. __, ~ o b. /Y ~(' ~ ~'~~ a~~~ ~ ~ ~ ~ '. e ~ GC ~~" z ~`to~~ ~/ ~~~ c_ ~ " :~ \ ~ \, ~`~ Sri <..~ ,~, lJ -' ~ u_ r~ p'~ r'9 ExHiair a' ~, r,, -:~ rs1 a. ~ 11 ! I ~„r ~..~ ,~~ . ~ . , , w __.-.------ ,u .(.sr .on~_ ~ , ~ KFNrUCh r KENIUGKY S~ `i+~ C~J , ' `'/ ~a . ~~ ~~j ~: `i N1 r+ {{~ . tik\3 . , 1 -~s ~..\ C> ~~ ~.~ ~ . ., '0? ~. "Ott, ;17 _t C." ~, ~''.1 `'.~ f ~~ Q 3a. ,. 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