Santa Rosa Municipal Code Art. II Procedure For Undergrounding

For the purpose of this article, the following words and phrases shall have the meanings ascribed to them in this section.

"Commission"

means the Public Utilities Commission of the State of California.

"Person"

means and includes individuals, firms, corporations, partnerships, and their agents and employees.

"Poles, overhead wires and associated overhead structures"

mean poles, towers, supports, wire, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.

"Underground utility district" or "district"

means that area in the City within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13-12.060.

"Utility"

includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Prior code Ch. 22, Art. III, Div. 4, § 1)

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 Clerk shall notify all affected property owners as shown on the last equalized assessment roll and the utilities concerned by mail of the time and place of such hearings at least 15 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 the Council shall be final and conclusive.

(Prior code Ch. 22, Art. III, Div. 4, § 2; Ord. 3238 § 24, 1996)

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 compromising 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.

(Prior code Ch. 22, Art. III, Div. 4, § 3)

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 13-12.060, 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 utilities are required to be removed by such resolution, except as said overhead utilities may be required to furnish service to an owner or occupant of property prior to the performance of such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13-12.120, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(Prior code Ch. 22, Art. III, Div. 4, § 4)

Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period not to exceed 10 days without authority of the Council in order to provide emergency service. The City Engineer may grant special permission, on such terms as the Council 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.

(Prior code Ch. 22, Art. III, Div. 4, § 5)

In any resolution adopted pursuant to Section 13-12.060, the City may authorize any or all of the following exceptions:

(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 voltages 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 extended 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 structures used or to be used in conjunction with construction projects.

(Prior code Ch. 22, Art. III, Div. 4, § 6)

Within 10 days after the effective date of a resolution adopted pursuant to Section 13-12.060, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution and the adoption thereof. The City Clerk 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 occupants 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13-12.060, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Prior code Ch. 22, Art. III, Div. 4, § 7)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13-12.060, 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.

(Prior code Ch. 22, Art. III, Div. 4, § 8)

(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 13-12.110 and the termination facility on or within said building or structure being served, all in accordance with 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 13-12.060, the City Engineer shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required facilities within 10 days after receipt of such notice.

(B) The notice to provide the required underground facilities may be given either by personal service or by mail. In cases of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Santa Rosa. 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 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place on said premises.

(C) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within 30 days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

(D) If upon the expiration of the 30-day period, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed 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 order 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, he 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, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon the premises, which said time shall not be less than 10 days thereafter.

(E) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(F) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

(G) If any assessment is not paid within five 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 by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per year.

(Prior code Ch. 22, Art. II, Div. 4, § 9)

The City shall remove at its own expense all City-owned equipment from all poles required to be removed under this chapter 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 13-12.060.

(Prior code Ch. 22, Art. III, Div. 4, § 10)

In the event that any act required by this article by a resolution adopted pursuant to Section 13-12.060 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobediences 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.

(Prior code Ch. 22, Art. III, Div. 4, § 11)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person violating any provision of this article or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00, or by impris-onment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this article is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this article.

(Prior code Ch. 22, Art. III, Div. 4, § 12)

Articles III. Electric Underground District

The term "electric underground district" designates the area described as follows:

Part 1: Beginning at a point in the northeasterly line of Mendocino Avenue distant thereon 240 feet northwesterly from the intersection thereof with the southerly line of Cherry Street; thence southeasterly along said northeasterly line 608 feet; thence northeasterly at a right angle to the northeasterly line of Mendocino Avenue to the northwesterly prolongation of the southwesterly line of Riley Street; thence southeasterly along the northwesterly prolongation and the southwesterly line of Riley Street to the southeasterly line of Johnson Street; thence continuing on said southwesterly line of Riley Street 258 feet; thence northeasterly at a right angle to the southwesterly line of Riley Street to the northeasterly line of Riley Street; thence southeasterly along the northeasterly line of Riley Street to the northwesterly line of Fifth Street; thence northeasterly along the northwesterly line of Fifth Street to the southwesterly line of Orchard Street; thence southeasterly along the southeasterly prolongation of the southwesterly line of Orchard Street to the southeasterly line of Fifth Street; thence northeasterly along the southeasterly line of Fifth Street to the southwesterly line of E Street; thence southeasterly along the southwesterly line of E Street to the southeasterly line of Third Street; thence southwesterly along the southeasterly line of Third Street to the southwesterly line of D Street; thence southeasterly along the southwesterly line of D Street to the northwesterly line of Second Street; thence southwesterly along the northwesterly line of Second Street to the northeasterly line of A Street; thence northwesterly along the northeasterly line of A Street to the southeasterly line of Seventh Street; thence northeasterly along the southeasterly line of Seventh Street to the southwesterly line of B Street; thence northwesterly along the southwesterly line of B Street to the southerly line of Tenth Street to the southwesterly line of Mendocino Avenue; thence northwesterly along the southwesterly line of Mendocino Avenue to a point due west of the point of beginning; thence easterly to the point of beginning.

Part 2: Beginning at the intersection of the northwesterly line of Third Street with the southwesterly line of A Street, thence southwesterly along the northwesterly line of Third Street to the northeasterly line of Wilson Street; thence northwesterly along the northeasterly line of Wilson Street to the southeasterly line of Fifth Street; thence northeasterly along the southeasterly line of Fifth Street to the southwesterly line of A Street; thence southeasterly along the southwesterly line of A Street to the point of beginning.

The following described parcels of real property shall be deleted from that portion of the electric underground district described in Part 2 above:

Parcel 1: Beginning at the intersection of the southeasterly line of Fifth Street with the southwesterly line of Davis Street; thence southeasterly along the southwesterly line of Davis Street 140 feet; thence southwesterly along a line that is parallel to and 100 feet southeasterly from the southeasterly line of Fifth Street to its intersection with the northeasterly line of Wilson Street; thence northwesterly along the northeasterly line of Wilson Street to its intersection with the southeasterly line of Fifth Street; thence northeasterly along the southeasterly line of Fifth Street to the point of beginning.

Parcel 2: Beginning at the intersection of the northwesterly line of Third Street with the southwesterly line of Davis Street; thence northwesterly along the northwesterly line of Davis Street 140 feet; thence southwesterly along a line that is parallel to and 100 feet northwesterly from the northwesterly line of Third Street to its intersection with the northeasterly line of Wilson Street; thence southeasterly along the northeasterly line of Wilson Street to its intersection with the northwesterly line of Third Street, thence northeasterly along the northwesterly line of Third Street to the point of beginning.

Part 3: Beginning at the intersection of the northwesterly line of Fourth Street with the southwesterly line of E Street; thence northwesterly along the southwesterly line of E Street to its intersection with the southwesterly extension of the southeasterly line of the 10-foot alley between Fourth and Fifth Streets shown on the Map of Latimer's Addition to Santa Rosa as recorded November 5, 1883 in Maps, Book 1, page 26, Sonoma County Records; thence northeasterly along the southwesterly extension and the southeasterly line of the aforementioned 10-foot alley to its intersection with the northeasterly line of Montgomery Drive; thence southeasterly along the northeasterly line of Montgomery Drive and the southeasterly extension of such line to its intersection with a line that is parallel to and 170 feet southeasterly from the centerline of Fourth Street measured at right angles to such centerline; thence southwesterly along such parallel line to its intersection with the southwesterly line of E Street; thence northwesterly along the southwesterly line of E Street to the point of beginning.

Part 4: Beginning at a point in the northeasterly line of Montgomery Drive, said point being 150 feet northerly from the centerline of Fourth Street, measured at right angles to said centerline; thence northeasterly parallel to and 150 northerly from the centerline of Fourth Street; measured at right angles to said centerline, 408 feet more or less to an angle; thence continuing northeasterly parallel to and 150 feet northerly from the centerline of Fourth Street, measured at right angles to said centerline, 420 feet more or less to a point in the centerline of College Avenue; thence southeasterly along the centerline of College Avenue to its intersection with the centerline of Fourth Street; thence southwesterly along the centerline of Fourth Street 10 feet more or less to the northerly extension of the northeasterly line of that parcel of land Safeway Stores, Incorporated to Metropolitan Life Insurance Company, as recorded July 24, 1952 in Official Records of Sonoma County, Book 1145, page 404; thence southeasterly along said northerly extension and said northeasterly line a distance of 165 feet more or less to its intersection with the easterly extension of the northerly line of an alley running between Pierce Street and Montgomery Drive as said alley is shown upon a map of Pierce and Doyles Subdivision as recorded June 6, 1888, in Maps, Book 2, page 11, Sonoma County Records; thence southwesterly along said easterly extension and said northerly line of said alley, said northerly line being also parallel to and 165 feet southerly from the centerline of Fourth Street, measured at right angles to said centerline, a distance of 625 feet more or less to an angle in said northerly line; thence continuing along the northerly line of said alley and the westerly extension of said northerly line, said line being parallel to and 170 feet southerly from the centerline of Fourth Street, measured at right angles to said centerline, a distance of 207 feet more or less to its intersection with the easterly line of that 20-foot alley shown upon a map of George Hood's Addition as recorded January 4, 1888, in Maps, Book 2, page 6, Sonoma County Records; thence northerly along the easterly line of said alley to the northerly line of said alley; thence westerly along the northerly line of said alley to the intersection of said line with the southerly extension of the northeasterly line of that portion of Montgomery Drive northerly of Fourth Street; thence northwesterly along said southerly extension and said northerly easterly line and crossing Fourth Street to the point of beginning.

(Prior code § 22.25)

After April 15, 1975, it is unlawful for any supplying agency to erect, maintain, use or continue to use, and operate or continue to operate, any poles or overhead wire for the purpose of transmitting or distributing electricity in the electric underground district; except, however, that it will be permissible to erect, maintain and use service wires from poles outside such electric underground district to buildings on premises abutting the perimeter of the electric underground district.

(Prior code § 22.26)

After April 15, 1975, it is unlawful for any person owning real property in the electric underground district to suspend or to permit a supplying agency to suspend from his premises any overhead service wire connected with any overhead electric distribution line within such underground district.

(Prior code § 22.27)

Within 30 days after the supplying agency gives notice that overhead facilities are to be removed in a given portion of the electric underground district, it shall be the duty of the City Electrical Inspector, and he is directed to notify all persons owning real property served by the overhead facilities that are to be removed, by leaving a copy thereof with such owner, or with the tenant or occupant of the premises, and to further notify such property owners that if they desire to continue to receive electric service, they shall make all necessary wiring changes on their premises so as to receive service from the lines of the supplying agency at a new location as approved by the City Electrical Inspector and in accordance with the rules and regulations applicable thereto as approved by the Public Utilities Commission of the State. This work shall be accomplished within 30 days after the date specified that underground pull boxes will be installed as provided in Sections 13-12.200 and 13-12.210. If any such property owner fails to make the necessary changes in the electric wiring on his premises and thereby prevents the supplying agency from removing its overhead service wires from the abovedescribed underground district, the City Electrical Inspector shall, and he is directed to, disconnect such service wires from the premises of such property owner, and the cost of doing so shall become a lien upon the real property heretofore served from such service wires.

(Prior code § 22.28)

In the electric underground district, the supplying agency shall terminate its electrical service conductors in an underground pull box on a public thoroughfare adjacent to or at the property line of the building or structure being served; provided, however, that in the event the serving agency elects to serve a building or structure from some other location than adjacent to or at the property line or the building or structure, in any other approved manner, the provisions of this section shall not be applicable. The serving agency shall give to the person owning, operating, leasing or renting such building or structure notice of the date when such pull box will be installed.

(Prior code § 22.29)

The electrical conduits and conductors for light, heat and power between the underground pull box and the main service switches in the building or structure being served shall be installed by the person owning, operating, leasing or renting such property 30 days after the date specified in the notice required by Section 13-12.200, as the date when such pull box will be installed.

(Prior code § 22.30)

The City shall remove its police and fire alarm circuits at its own expense from all such poles now installed in the underground district in ample time to enable the owner or user of such poles to remove the same within the time prescribed in this article.

(Prior code § 22.31)

In the event that any act required under this article by any parties referred to in this article cannot be performed within the time provided by this article on account of shortage of materials, war, restraint by public authorities, strikes or any other circumstances beyond the control of the parties, then the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitations.

(Prior code § 22.32)