Article II — Underground Utility Zones

It is the purpose of this article to provide for the orderly removal of existing overhead facilities and the construction of new underground facilities by providing a procedure by which the council may create an underground utility zone upon finding that it is in the public interest to do so.

(1991 code § 16-2.1)

The council finds that the conversion of existing facilities from overhead to underground is most desirable and can be accomplished most practically in commercial and business districts, and that to require conversion in residential districts at the same time would pose financial hardship on the utilities and property owners.

(1991 code § 16-2.2)

The city council shall fix the requirements for construction of, or conversion to, underground facilities by the creation of underground utility zones as provided in this article. (1991 code § 16-2.3)

• A. The council may initiate proceedings to determine whether or not to create an underground utility zone for the purpose of requiring existing overhead distribution facilities to be replaced with underground distribution facilities along public streets, roads and ways. The council shall consult with each affected utility to determine whether or not undergrounding of utilities is in the general public interest for one or more of the following reasons:

  1. Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;

  2. The street, road, or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;

  3. The street, road, or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.

• B. The resolution shall generally describe the boundaries of the area proposed to be included in the underground utility zone.

• (1991 code § 16-2.4)

• A. Notice. When the council determines to hold a public hearing, the director shall notify property owners and utilities in the proposed area by mailing notice of the time and place of hearing. The notice shall be mailed at least 15 days before the date of the hearing.

• B. Form. The hearing is open to the public and the council may continue it from time to time. At the hearing all persons interested shall be given an opportunity to be heard.

• C. Decision.

  1. At the close of the public hearing, the council shall determine whether or not undergrounding is in the general public interest for one or more of the following reasons:

     • a. Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;

     • b. The street, road, or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;

     • c. The street, road, or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.

  2. The decision of the council is final. If the council finds that facilities should be installed underground, the council shall adopt a resolution declaring the formation of the underground utility zone and ordering the installation of existing overhead distribution facilities underground. The resolution shall describe the area of the underground utility zone and fix a reasonable time within which the work must be done.

(1991 code § 16-2.5)

• A. The utility shall furnish and pay the costs of providing that portion of the underground facilities required to be furnished by it under its rules, regulations and tariffs on file with the Public Utilities Commission of the State of California.

• B. The property owner is responsible for providing the underground facilities necessary to receive utility service between the underground junction box or splicing chamber of the supplying utility and the service facilities in the structure served, subject to applicable rules, regulations and tariffs of the utility on file with the Public Utilities Commission of the State of California.

(1991 code § 16-2.6)

The city and each federal, state and local governmental agency and district are responsible for the removal of their police and fire alarm circuits or other equipment at their own expense from the facilities required to be removed. The responsible agency shall complete this work in sufficient time to enable the utility and property owner to remove the facilities for which they are responsible within the time specified in the resolution ordering removal. (1991 code § 16-2.7)

• A. Within 30 days after adoption of the resolution creating the underground utility zone and ordering removal, the director shall give notice to the utility affected and each property owner within the area designated in the resolution.

• B. The notice shall:

  1. State that the council has adopted the resolution creating the underground utility zone;

  2. Describe the area within the underground utility zone;

  3. Advise each property owner of the necessity that if he or she or the person occupying the property desires to continue to receive service, he or she or the occupant shall provide all necessary facility changes on the premises to receive service;

  4. State the time within which the work must be completed.

• C. The director shall have a copy of the notice and resolution creating the underground utility zone and ordering removal mailed to each affected utility and to each property owner as known to him or her or as shown on the last equalized assessment roll.

• (1991 code § 16-2.8)

Each property owner and each utility shall comply with the resolution order and install the facilities for which he or she is responsible within the time prescribed in the resolution. (1991 code § 16-2.9)