Manhattan Beach Municipal Code Ch. 7.28 Undergrounding of Public Utility Facilities

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:

A. "Commission" shall mean the Public Utilities Commission of the State of California.

B. "Underground Utility District" or "District" shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in Section 7.28.040 of this chapter.

C. "City Engineer" shall mean the City Engineer or his or her designee.

D. "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

E. "Poles, overhead wires, and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a District and used or useful in supplying electric, communication, or similar or associated service.

F. "Utility" shall include all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.

(§ 1, Ord. 1109, eff. June 6, 1968; § 1, Ord. 19-0017, eff. December 3, 2019)

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 Engineer 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 (10) 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 Council will be final and conclusive.

(§ 1, Ord. 1109, eff. June 6, 1968; § 2, Ord. 19-0017, eff. December 3, 2019)

Prior to holding such public hearing, the City Engineer shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(§ 1, Ord. 1109, eff. June 6, 1968)

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. 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 labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(§ 1, Ord. 1109, eff. June 6, 1968)

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 7.28.040 hereof, 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 said overhead facilities are required to be removed by such resolution, except as said 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 as provided in Section 7.28.040 hereof, and for such reasonable time require to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(§ 1, Ord. 1109, eff. June 6, 1968)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed thirty (30) days without authority of the City Engineer in order to provide emergency service. The City Engineer may grant special permission on such terms as the City Engineer 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.

(§ 1, Ord. 1109, eff. June 6, 1968)

This chapter and any resolution adopted pursuant to Section 7.28.040 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

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 voltage in excess of 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.

(§ 1, Ord. 1109, eff. June 6, 1968)

Within ten (10) days after the effective date of a resolution adopted pursuant to Section 7.28.040 hereof, the City Engineer shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. The City Engineer 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, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

Notification by the City Engineer shall be made by a mailing to the affected utilities and affected property owners, as such are shown on the last equalized assessment roll, stating that the resolution was adopted by the City Council pursuant to Section 7.28.040 hereof, and providing instructions on how to access the text of the resolution and this chapter online.

(§ 1, Ord. 1109, eff. June 6, 1968; § 3, Ord. 19-0017, eff. December 3, 2019)

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 7.28.040 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.

(§ 1, Ord. 1109, eff. June 6, 1968)

A. Every person owning, operating, leasing, occupying or renting a building or structure within a District shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 7.28.090 hereof and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 7.28.040 hereof, the City Engineer shall give a notice in writing to the record owner of the premises at the address shown on the last equalized assessment roll, or the supplemental roll, whichever is more current, and to the address of the premises, if different, to provide the required underground facilities within thirty (30) days after the receipt of such notice.

B. The notice required by Subsection A. may be given either by personal service or by mail by depositing the notice in the United States mail in a sealed envelope with postage prepaid. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on paper not less than eight inches (8″) by ten inches (10″) in size, to be posted in a conspicuous place on said premises.

C. The notice required by Subsection A. shall specify what work is required to be done on the premises and shall state that if said work is not completed within thirty (30) days after receipt of such notice, the City Engineer will provide such required underground facilities, or cause such required underground facilities to be provided by a contractor, and the cost thereof will be assessed against the property and become a lien upon such property.

D. If, upon the expiration of the thirty (30) day period, the required underground facilities have not been provided, the City Engineer shall proceed to do the work or cause a contractor to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer or contractor, the City Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, and identifying the property against which such cost is to be assessed. The Council shall thereupon set a time and place for hearing protests against the assessment of the cost of such work upon such property, which said time shall not be less than fourteen (14) days thereafter.

E. The City Engineer shall immediately give a notice in writing to the record owner of the premises as shown on the last equalized assessment roll, or the supplemental roll, whichever is more current, at the address shown on the roll, and to the address of the premises, if different, of the time and place that the Council will hold a hearing to consider such report and hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment and that if such assessment is not paid within five (5) days after the amount of the assessment is confirmed by the Council at such hearing, that the assessment shall become a lien upon the property against which the assessment is made. Such notice may be given either by personal service or by mail by depositing the notice in the United States mail in a sealed envelope with postage prepaid. If notice is given by mail, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on paper not less than eight inches (8″) by ten inches (10″) in size, to be posted in a conspicuous place on said premises.

F. Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if any, and then proceed to confirm, confirm as modified, or reject the assessment. The hearing may be continued from time to time.

G. If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made, and the City Engineer shall provide to the County Assessor and Tax Collector the amount of said assessment to be added to the next regular bill for ad valorem taxes, and such assessment shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment.

Alternatively, if a property owner demonstrates financial hardship, the City Manager, in his or her sole discretion, may authorize collecting the assessment, together with interest thereon at the rate of six percent (6%) per annum, in up to twenty (20) annual installments. In such case, the City Engineer shall provide the installments to the County Assessor and Tax Collector to be added to the regular bills for ad valorem taxes, and such installments shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment and each installment thereof. Each property owner who elects for the assessment to be collected in annual installments shall execute an agreement with the City, which shall be recorded against the property, and any other document necessary to secure the owner's obligation to pay the assessment in accordance with this section.

(§ 1, Ord. 1109, eff. June 6, 1968; § 4, Ord. 19-0017, eff. December 3, 2019; § 1, Ord. No. 23-0013, eff. January 18, 2024)

The City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 7.28.040 hereof.

(§ 1, Ord. 1109, eff. June 6, 1968)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 7.28.040 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(§ 1, Ord. 1109, eff. June 6, 1968)