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HomeMy WebLinkAboutResolution 2008-216 N.C.S. 11/17/2008Resolution No. 2008-216 N.C.S. of the City of Petaluma, California ESTABLISHING AN UNDERGROUND UTILITY DISTRICT IN THE VICINITY OF PETALUMA BOULEVARD NORTH/ STONY POINT ROAD/INDUSTRIAL AVENUE (PETALUMA BOULEVARD NORTH/STONY POINT ROAD/ INDUSTRIAL AVENUE UNDERGROUND DISTRICT) WHEREAS, Ordinance No. 893 N.C.S., Chapter 14.36 of the Petaluma Municipal Code establishes a procedure for the creation of an underground utility district and requires as the initial step in such procedure the holding of a public hearing to ascertain whether 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 any such district; and, WHEREAS, on May 20, 2008, representatives from Pacific Gas and Electric Company, AT&T and the City met at the proposed District site to discuss the proposed underground utility boundary, at which time the proposal received positive feedback; and, WHEREAS, it has been recommended that such an underground utility district, hereinafter called District, be formed on that portion described as shown on the attached boundary description (Exhibit A) entitled "Petaluma Boulevard North/Stony Point Road/Industrial Avenue Underground Utility District"; and, WHEREAS, a notice of such hearing has been given to all affected property owners as such shown on the last equalized assessment roll (Exhibit B), and to all utilities concerned, in the manner and within the time required by law; and, WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard.; and, WHEREAS,. on October 20, 2008, the City Council confirmed Petaluma Boulevard North/Stony Point Road/Industrial Avenue, as the priority two underground district after the Resolution No: 2008-216 N.C.S. Page Bodega Avenue Underground District, and directed staff to prepare a resolution calling for a public hearing and formation of an underground district as provided in Chapter 14.36 of the Petaluma Municipal Code; and, WHEREAS, the formation of the District, as proposed, is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the following authorities: Section 15302(d), 15301(b) and/or 15304(f) of Title 14 of the California Code of Regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that, pursuant to Chapter 14.36 of the Petaluma Municipal Code, the above described area is hereby designated as an underground utility district, and is designated as Petaluma Boulevard North/Stony Point Road/Industrial Avenue Underground Utility District. Attached hereto, marked as Exhibit C, and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said district. BE IT FURTHER RESOLVED that Pacific Gas and Electric Company use the underground conversion allocation pursuant to decision of the Public Utilities Commission of the State of California for the purpose of providing to each premise in the Petaluma Boulevard North/Stony Point Road/Industrial Avenue Underground Utility District a maximum of one hundred feet (100') of individual electric trenching, conduit, conductor, backtill and surface restoration. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the City. BE I'T FURTHER RESOLVED that Pacific Gas and Electric Company use the underground conversion allocation pursuant to decision of the Public Utilities Commission of the State of California for the purpose of converting electric service panels to receive underground service, not to exceed a total of $1,500 per premise. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within the Petaluma Boulevard North/Stony Point Road/Industrial Avenue Underground Utility District of the adoption of this resolution within (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire Resolution No. 2008-216 N.C.S: Page 2 to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date when notified. by the utility companies, 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 and of said Chapter 14.36 of the Petaluma Municipal Code, to all affected.. property owners shown on the last equalized assessment roll, and to the affected utilities. 13E IT FURTHER RESOLVED that the City Council of the City of Petaluma hereby finds and determine as follows: The underground utility herein created is in the general public interest for the following reasons: The underground to be accomplished will avoid and eliminate an unusually heavy concentration of overhead distribution facilities. The streets, roads, and rights-of--way in the district are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. The said streets, roads, and rights-of--way adjoin or pass though areas devoted to civic and public recreation uses, and areas of unusual scenic interest to the general public. 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 ~'Appr~O~edJas to Council of the City of Petaluma at a Regular meeting on the 17 day of November, ~ form; 2008, by the following vote: ~ AYES: Barrett, Freitas, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt NOES: None ABSENT: Harris ABSTAIN: None ATTEST: City Clerk City At#orney Resolution No. 2008-216 N.C.S. Page 3 EXHIBIT A BOUNDARY DESCRIPTION FOR THE PETALUMA BOULEVARD NORTH / STONY POINT ROAD /INDUSTRIAL AVENUE UNDERGROUND UTILITY DISTRICT Start at the southeast corner of A.P.N. 007-422-028 at a '/2 inch pipe set with RCE 1 1226 on top to pipe moving northerly 77.97 feet to a Beginning Point, thence 130.00 feet to a '/2 inch pipe, thence at a radius of 50.00 feet with a delta of 80 degree OS minute 55 second at a length of 69.90 feet of the above A.P.N. on Stony Point Road to a '/2 inch pipe set, thence in a westerly direction on a radius of 957 feet with a delta of 2 degree 56 minutes 19 seconds with a length of 49.08 feet to a '/~ inch pipe set, thence in a westerly direction to the northwesterly corner of the above A.P.N. to a '/2 inch set pipe, thence in a westerly direction along the northerly side of A.P.N. 007-422-040 at a distance of 213.99 to a point, thence in a westerly direction along said parcel at a radius of 1043.00 feet with a delta of 20 degree 27 minutes 57 seconds at a length of 372.56 feet to a point, thence 80.69 feet at a bearing of North 31 degree 36 minutes 20 seconds West, thence in a northerly direction across the Stony Point Road for a distance of 59.77 feet at a bearing of North 44 degree 31 minutes 08 seconds East to the southwesterly corner of A.P.N 007-422-037, thence in a northerly direction to the northeasterly corner of said parcel at a distance of 422.22, thence in a westerly direction of North 53 degree 35 minutes 28 seconds West at a distance of 380.86 feet to a point, thence at a radius of 2887.32 feet with a distance of 379.32 to a point of intersection of northwesterly corner of A.P.N. 007-422-019 and the northeasterly corner of A.P.N. 007-422- 012, thence along the northerly side of A.P.N. 007-422-012 at a radius of 2887.32 feet with a distance of 235.31 feet ending a the intersection of the northwesterly corner of A.P.N. 007-422-012 and the northeasterly corner of parcel A.P.N. 007-422-O1 l , thence North 40 degree 11 minutes 29 seconds W at 365.61 feet, to the Northwesterly corner of A.P.N. 007-422-O1 1, thence North 58 degree 23 minutes 40 seconds East at a distance of 60.68 feet, thence South 40 degree 11 minutes 29 seconds East at a distance of 365.61 feet, thence North 49 degree 48 minutes 32 seconds East approximately bb feet, thence with a radius of 2792.32 feet and a distance of 391.06 feet, thence North 20 degree East with a distance of 124.71 feet, thence with a radius of 180 feet and a distance of 141.37 feet, thence with a radius of 75 feet and a distance of 78.54 feet, thence N 35 degree E at a distance of 121.59 feet, thence east at a distance of 318.57 feet to a point, thence northerly a distance of 52.1 feet to a point, thence South 38 degree 46 minutes 52 seconds East a distance of 257.23 feet to a point; thence with a radius of 190 feet at a distance of 164.25 to a point, thence South 10 degree 25 minutes East with a distance of 238.52 feet to a point, thence at a radius of 324 feet with a distance of 301.12 feet to a point, thence South 42 degree 30 minutes East with a distance of 150.33 feet to a point, thence with a radius of 150 feet and a distance of 130.92 feet to a point, thence across Petaluma Boulevard North (or Old Redwood Highway) to the Southwesterly corner of A.P.N. 007-412-015, thence South 44 degree 28 minutes East 42.66 feet to a point, thence South 59 degree 49 minutes 22 seconds West at a distance of 55.00 feet to the Northwesterly corner of A.P.N. 007-412-053, thence Southwesterly 9 degree 49 minutes 22 seconds West with a distance of 67.09 feet to the South westerly corner of A.P.N. 007-412-053, thence South 54 degree 49 minutes East along the top or northerly side (Northeasterly) of A.P.N. 007-412-009 at a distance of 1 13.00 feet to a point, thence along the northerly side (Northeasterly) of A.P.N. 007-412-023 at a distance of 150.66 feet to a intersection of A.P.N. 007-412-023 and 007-412-034, thence South 54 degree 49 minutes East at a distance of 774.95 feet to a point, thence South 35 degree Ol minutes West at a distance of 254.84 feet to a point, thence North 54 degree 49 minutes West for a distance of approximately 635.00 feet, thence at 90 degree angle across Industrial Avenue to the Northeasterly corner of A.P.N. 007-412- 035, thence Southerly along said parcel 126.00 feet to a point, thence North 59 degree 54 minutes West across bottom of said parcel a distance of 80.00 feet to a point, thence Northerly up said parcel 126.00 feet to a point, thence across the Northerly side of A.P.N. 007-412-039 a distance approximately 140.00 feet to the property corner and the intersection of Petaluma Boulevard North (or Old Redwood Highway) and Industrial Avenue, thence Southwesterly approximately 150.00 feet to a point, thence at a approximate 90 degree angle across Petaluma Boulevard North (or Old Redwood Highway) to the Beginning Point. This legal description was based on the following Assessor Map .Book Pages and Final Map. 007- 412 (Rev. May 7'" 1990) 007- 420 (Rev. April 17'" 1997) Final Map Denman Center Unit One (Dated November 9f" 1970) Resolution No. 2008-216 N.C.S. Nage 4 PETALUMA BOULEVARD NORTHiSTONl' POINT ROADiINDLiSTRLAL AVENUE UNDERGROt?ND UTILITY DISTRICT MAILING LIST REVISED 9 16 08 PARCEL NUMBER NAME ADDRESS CITI' 007412009 AZI"LAN HASSAN 10 FOWLER C"I' SAN RAFAEL CA 94903 007412009 OCCUPANT 4990 PETALUMA BLVD N PETALUMA CA 94952 007412023 BEST JUNE L TR ET AL 402 CRTSTRIDGE CT SANTA ROSA CA 95409 007412023 OCCUPANT 4986 PETALUMA BLVD N PETALUMA CA 94952 007412034 OCCUPANT 1340 INDUSTRIAL A~-'E PETALU;t4A CA 94952 007412034 W B P ASSOCI_ATES 3435 CESAR CHAVEZ S"T KPH SAN FRANCISCO CA 94110 007412035 CABRAL ERNEST M & 1375 INDUSTRIAL AVE ( PETALUMA CA 94952-6520 07422029 MAGOULAS CHRISTOS P EST OF 4995 PE1'ALUM.A BLVD N PE'TAL,UM.A CA 94952-76].0 007422033 MAGOULAS CHRISTOS P EST OF 4995 PETALUMA BLVD N PETALU~4A CA 94952-76].0 007422033 OCCLiP:4NT 100 STONE' POIN"T RD PET:ALUA~IA CA 94952 007422037 OCCUPANT 200 STONE" POINT" RD PE'hAL1JMA CA 94952 007422037 ZELIviAN PETALUMA LLC 515 S FIGUEROA ST S'TE 1230 LOS ANGELES CA 9007.1-3329 007422038 CHEVRON US_A INC PO BOX 285 HOUSTON TX 77001-0285 007422038 OCCUPANT 4999 PETALUMA BLV"D N PEI:ALUMA CA 94952 007422039 ZELMAN PETALUMA LLC 515 S FIGUEROA ST STE 1230 LOS ANGELES CA 90071-3329 MILADY BRESLIN C/O PGXiE 210 CORONA ROAD PETALUMA C_A 94954 CAROL SHAE C/O AT&T 2125 OCCIDENTAL ROAD SANTA ROSH CA 95401-2109 PAUL ALABONA C/O COMCAST 1179 MCDOWELL BLVD. NO. PETALUMA CA 94954 S TE D S:\CIP Division\Projects\Underground Utility District Rule 20A C500104\Design\330.01 Resolutions: Agenda BiIIs12008 Agenda Bills for Pet. Blvd. No UG Dist\Exhibit A -Mailing list for Pet. Blvd. No.-Stony Pt. CrJ ~ ba bo ~ y O O z N O C GC N_ CT z n -o tro A.P. 007-422077 0° / A.P.O 422-038 egg0 s9gq ~, A.P. G v,P A .007-422019 Z ~ A9g5 OP A.P. 007~d22-033' 2 is0' o ~ / 007-422-079 u5 pOPD r 9g P. 007-d 12-023 pgg6 I o A.P. 007-d 12-03d INOUSTRIAI AP. 07412-035 PETALUMA COMMUNI HIGH SCHOOL \ `DER -® \ \`~~ Bor Swle ~o Fec~ ~ ~ y~~ sa 2so ~ ~ ~ ~~ to so LEGEND PROPOSED UNDERGROUND DISTRICT AREA ®®® EXISTING CITY LIMITS 00.0.` PROPOSED PETALUMA BOULEVARD NORTH -INDUSTRIAL AVENUE STONY POINT ROAD UNDERGROUND DISTRICT BOUNDARY Department of Public Works -Petaluma CA Printing Date: 102708 e..i r~ y