Westlake Village Municipal Code Ch. 8.6 Underground Utility Districts

This Chapter shall be known as the "Westlake Village Underground Utility Districts Ordinance."

(Ord. No. 187-03, Enacted, 11/10/03)

This Chapter provides an alternative authority and procedure for the conversion of existing overhead electric and communication facilities to underground locations. This Chapter does not preclude the City from achieving such conversion by other lawful means, including, without limitation, by special assessment proceedings pursuant to California Streets and Highways Code Section 5896.1 et seq. When the City proceeds under this Chapter, only its provisions need be followed.

(Ord. No. 187-03, Enacted, 11/10/03)

For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within an underground utility district and used or useful in supplying electric, communication or similar or associated service.

"Underground utility district" or "district" means an area in the City within which poles, overhead wires and associated overhead structures are prohibited pursuant to this Chapter.

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

(Ord. No. 187-03, Enacted, 11/10/03)

When so instructed by the City Manager, the City Engineer shall consult with all utilities that would be affected by a proposed underground utility district and shall prepare a report for consideration by the City Council. At a minimum, the report shall contain the following information:

A. The extent of such utilities' participation.

B. An estimate of the total costs to the City.

C. An estimate of total costs to affected property owners.

D. An estimate of the time required to complete (i) removal of poles, overhead wires and associated overhead structures and (ii) underground installation of the same.

(Ord. No. 187-03, Enacted, 11/10/03)

The City Council may from time to time call public hearings to ascertain whether the public necessity, health, safety and 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. At least ten (10) days prior to the date set for the hearing, the City Clerk shall mail notices of the time and place of the hearing to all affected utilities and affected property owners as shown on the last equalized assessment roll. Each such hearing shall be open to the public and may be continued from time to time. All interested persons shall be afforded an opportunity at the hearing to present testimony and evidence regarding the proposed underground utility district.

(Ord. No. 187-03, Enacted, 11/10/03)

A. During the public hearing, the City Council shall consider the City Engineer's report, as well as the testimony and evidence presented by interested persons. At the conclusion of the hearing, the City Council may adopt a resolution designating an underground utility district upon making a finding that the public necessity, health, safety and welfare requires removal of poles, overhead wires and associated overhead structures within the subject area.

B. At a minimum, a resolution designating an underground utility district shall contain the following information:

1. A description of the area comprising the district;

2. An order requiring the removal of poles, overhead wires and associated overhead structures within the district and the underground installation of the same;

3. The deadline by which such removal and underground installation shall be completed and by which affected property owners shall have underground service available.

C. Unless otherwise provided in the resolution designating an underground utility district, neither this Chapter nor such resolution shall apply to the following:

1. Government facilities or equipment installed to the City Engineer's satisfaction;

2. Street lighting poles or electroliers;

3. Overhead wires (exclusive of supporting structures) crossing any portion of the district, or connecting to buildings on the perimeter of the district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

4. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts;

5. 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;

6. Antennae, associated equipment and supporting structures used by a utility for furnishing communication services;

7. Equipment appurtenant to underground facilities, such as concealed ducts, surface-mounted transformers and pedestal-mounted terminal boxes and meter cabinets;

8. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

D. The City Council may designate an underground utility district by ordinance, instead of by resolution, in which event the ordinance shall be deemed to satisfy all provisions of this Chapter that refer to the resolution designating the district.

(Ord. No. 187-03, Enacted, 11/10/03)

Within ten (10) days after City Council adoption of a resolution designating an underground utility district, the City Clerk shall mail a copy of the resolution and this Chapter to affected utilities and affected property owners as shown on the last equalized assessment roll. The City Clerk also shall notify affected property owners that, if they or any occupant of the property desire to continue receiving electric, communication or similar or associated service, then they or such occupant shall provide all necessary facilities changes on the premises so as to receive such service from the lines of the supplying utility or utilities at a new location.

(Ord. No. 187-03, Enacted, 11/10/03)

A. Except as provided in subsection B of this section, whenever the City Council designates an underground utility district, 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 deadline for completing the removal and underground installation.

B. Subsection A of this section shall not apply to the following:

1. Overhead facilities 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 continued receipt of utility service. This exemption shall apply for such reasonable time as is required for removal of the facilities after performance of the work;

2. Overhead facilities exempted by the resolution designating the district;

3. Overhead facilities installed and maintained to provide emergency service for a period not exceeding ten (10) days.

(Ord. No. 187-03, Enacted, 11/10/03)

In the event any act required by this Chapter or by a resolution designating an underground utility district cannot be performed by the applicable deadline, the City Council may grant an extension of such deadline.

(Ord. No. 187-03, Enacted, 11/10/03)

The City shall at its own expense remove its equipment from poles required to be removed from an underground utility district.

(Ord. No. 187-03, Enacted, 11/10/03)

If underground construction is necessary to provide utility services within an underground utility district, 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 California Public Utilities Commission.

(Ord. No. 187-03, Enacted, 11/10/03)

A. Every person owning, operating, leasing, occupying or renting a building or structure within an underground utility district shall construct and provide that portion of the service connection on the property to the termination facility on or within such building or structure being served. Such service connection shall be constructed and provided in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission.

B. If subsection A of this section is not satisfied by the deadline specified in the resolution designating the district, then the City Engineer shall issue a written notice to provide underground facilities. The notice shall be sent to the occupant of the property and to the property owner as shown on the last equalized assessment roll. The notice shall specify the work required to be done and shall indicate that, if such work is not completed within ten (10) days, the City may cause the work to be done and may cause the cost and expense thereof to be assessed against the property and become a lien upon the property.

C. If, upon expiration of the ten-day period, the required underground facilities have not been provided, the City Engineer may proceed to cause the work to be performed. In lieu of providing the required underground facilities on vacant premises to which no electric or communication services are being furnished, the City Engineer may authorize disconnection and removal of poles, overhead wires and associated overhead structures.

D. Upon completion of the work, the City Engineer shall file a written report with the City Council setting forth the cost thereof and a legal description of the property against which such cost is to be assessed. The City Council shall thereafter fix a time and place for hearing protests against the assessment. Written notice of the hearing shall be given at least ten (10) days in advance to the occupant of the property and to the property owner as shown on the last equalized assessment roll. The notice shall state the amount of the proposed assessment and that protests against the assessment shall be considered at the hearing. At the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer's report and any protests made. The City Council may thereafter confirm, modify or reject the assessment.

E. If an assessment is not paid within five (5) days after confirmation by the City Council, the amount of the assessment shall become a lien upon the property in accordance with California Government Code Section 38793.

(Ord. No. 187-03, Enacted, 11/10/03)