HomeMy WebLinkAbout2006-07-10 Ordinance 4908follows:
ORDINANCE NO. 4908
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING VARIOUS SECTIONS OF CHAPTER 12.16
PERTAINING TO THE ADMINISTRATIVE PROCEDURES
GOVERNING THE FORMATION OF UNDERGROUND UTILITY
DISTRICTS
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. Section 12.16.010 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.010 Underground installation required for new
construction.
The city council finds and determines that the
public interest requires that all poles, overhead lines
and associated overhead structures used in supplying
electric, communication or similar associated service to
be constructed in the city of Palo Alto after July 1,
1965, shall be placed underground in order to promote and
preserve the health, safety and general welfare of the
public and to assure the orderly development of the city
of Palo Alto. The director of utilities, or his designee,
may authorize poles, overhead lines and associated
overhead structures for new construction when in his
opinion underground installation in any particular
instance would not be feasible or practicable. His
decision in such matters shall be final.
SECTION 2. Section 12.16.030 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.030 Poles, overhead lines and associated overhead
structures prohibited in underground districts.
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(a) Whenever any area of the city is declared to be
an underground utility district, it shall be unlawful for
any person or utility to erect, construct, use, or
maintain poles, overhead lines and associated overhead
structures within the district after the date when the
utilities are required to be removed.
(b) From and after the fective date of the
establishment of any underground utility district, it
shall be unlawful for any person or utility to erect,
construct, use or maintain poles, overhead lines and
associated overhead structures within the district.
(c) Any individual or utility who shall erect,
construct, use or maintain poles, overhead lines and
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associa ted overhead structures wi thin any underground
utility district or who shall neglect to take down and
remove such poles, overhead lines and associated overhead
structures within the time designated in this chapter or
who shall otherwise fail to comply with the provisions of
this chapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine not to
exceed one thousand dollars. Each consecutive fifteen-day
period during which the failure to comply with the
provisions hereof shall constitute a separate offense.
Such violation is likewise hereby declared to be a
nuisance and may be abated by the city attorney in the
manner provided for the abatement of nuisances.
SECTION 3. Section 12.16.050 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
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12.16.050 Exoeptions.
(a) The provisions of this chapter shall not apply
to the following types of facilities:
(1) Poles used exclusively for police and fire
alarm boxes, traffic control facilities, or any similar
municipal equipment installed under the supervision and
to the satisfaction of the director of utilities, or his
designee;
(2) Poles used exclusively for street lighting;
(3) An electric distribution or transmission
system in excess of fifteen kilovolts, unless the
director of utilities, or his designee, determines that
underground installation of such transmission system is
feasible and practicable. His decision in such matters
shall be final;
(4) When authorized by the director of
utilities, or his designee, poles, overhead lines and
associated overhead structures crossing or entering any
portion of a district from which poles, overhead lines
and associated overhead structures have been prohibited
and originating in an area in which poles, overhead
lines and associated overhead structures are not
prohibited;
(5) Overhead lines 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) Radio antenna and associated equipment and
supporting structures used for furnishing communications
services;
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(7) Changes in or additions of aerial drop
lines and anchors or the addition or replacement of lines
and cables on poles in place on July 1, 1965; or
(8) Service terminals, in pedestals, above
ground, used to distribute communication service in
underground systems.
(b) Alterations and extensions to poles,
overhead lines and associated overhead structures falling
within the exceptions described in this section shall be
permitted provided no additional poles are required for
any such alteration or extension ..
SECTION 4. Section 12.16.070 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.070 Time extensions.
In the event that any act hereby required by any
person or utility herein referred to cannot be performed
within the time herein provided on account of shortage of
materials, war, restraint by public authorities, strikes,
or by any circumstances beyond the control of the person
or utility or by unusual hardships, then the time within
which such act shall be accomplished may be extended by
the director of utilities, or his designee, for a period
not exceeding one year.
SECTION 5. Section 12.16.080 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.080 Notification to affected property owners and
utilities.
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(a) Within thirty days after the establishment of
the underground utility district the director of
utilities, or his designee, shall so notify all affected
property owners and utilities owning real property within
the affected area. The director of utili ties, or his
designee, shall further notify affected property owners
and utilities that poles, overhead lines and associated
overhead structures are to be removed and that if the
affected owners and utilities or the tenants or occupants
of their property desire to continue to receive electric,
communication or similar associated service they shall
make all necessary facility changes on their premises so
as to receive the services at a new location subject to
the applicable rules, regulations and tariffs of the
respective utilities on file with the California public
utilities commission and the utility rules and
regulations of the city of Palo Alto.
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(b) Notification shall be made by mailing a copy of
this chapter and the ordinance which designates the area
of an underground uti ty district to the affected owners
and utilities as shown on the last equalized tax roll of
the city. Failure to give such notice by mail or of the
affected owners or utilities addressed to receive the
notice shall not affect the validity of such ordinance
nor the authority of the city to proceed under Section
12.16.100.
SECTION 6. Section 12.16.090 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.090 Responsibility of property owner.
(a) All conduits, conductors and associated
equipment necessary to receive electric, communication or
similar associated services between service conductors or
underground pipes or conduits of the supplying utilities
and the service facilities to the building or structure
being served shall be provided by the person owning,
operating, leasing or renting the affected property
subject to applicable rules, regulations and tariffs of
the respective utilities on file with the California
public utilities commission and the utility rules and
regulations of the city of Palo Alto.
(b) The underground service connection construction
shall be accomplished within the time specified in
Section 12.16.020 or if the time is not specified
therein, within thirty days after the installation of the
utilities facilities pursuant to the utility rules and
regulations of the city of Palo Alto.
SECTION 7. Section 12.16.091 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
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12.16.091 Financing service connection conversions.
(a) Whenever the conversion to underground
locations of poles, overhead lines and associated
overhead structures used in supplying electric,
communication or similar associated service is, under
established policies and procedures of the city to be
financed entirely by the city within the area of the
public rights of way wi thin any proposed underground
utility district, the cost of conversion to an
underground location of the individual service
connections on private property (hereinafter referred to
as "service connection") may be accomplished in the
manner hereinafter set forth in Sections 12.16.092 to
12.16.097, inclusive.
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(b) Each affected residential or nonresidential
property owner who elects to finance the cost of his
service connection shall execute a loan agreement, which
may be recorded, and any other document to secure his
obligation to pay the city in accordance with this
chapter. The affected owner shall prove to the city he
holds legal title to the affected real property.
SECTION 8. Section 12.16.092 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
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12.16.092 Notice of intention.
(a) At the time of the call of the public hearing
on the formation of such an underground utility district,
as required by Section 12.16.040, the council may
authorize the city clerk, aided by the director of
utilities, or his designee, to include in the notice of
hearing to be mailed to all affected property owners,
pursuant to Section 12.16.040, a statement to the effect
that any affected owner has the option of paying the cost
of converting his service connection to an underground
location over a period of ten years with interest to be
determined as provided by Section 12.16.096. The notice
shall include the information set forth in Section
12.16.091(b) .
(b) The notice shall be accompanied by an
appropriate form by which the payment option specified in
Section 12.16.096 may be exercised. The notice shall also
set forth:
(1) The estimated cost of accomplishing the
underground service connection construction, as
determined by the director of utilities, or his designee,
herein called the "base cost";
(2) An additional fixed amount per parcel,
also to be determined by the director of utilities, or
his designee, representing the cost of making the
estimate, establishing the lien and other incidental
administrative, legal and engineering expense involved in
the proceedings, herein called "incidental expense";
(3) The total amount of subdivision (1) plus
subdivision (2), herein called the "special assessment";
and
(4) The fact that the city, upon exercise of
the payment option and the accomplishment of the
underground service connection construction as required
by Section 12.16.090, will pay the base cost and
incidental expense to the affected owner who accomplishes
the underground service connection construction, subject
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to the payment of the amount of the special assessment as
hereinafter provided.
SECTION 9. Section 12.16.093 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.093 Filing assessment list.
(a) After the formation of the underground utility
district but before the accomplishment of the underground
service connection construction, the council shall
determine the properties the affected owners of which
have exercised the option to pay the cost over a period
of ten years and shall direct that the base cost and
incidental expense shall be paid by the city subject to
payment of the special assessment in the manner
hereinafter set forth.
(b) A complete assessment roll or list of the
affected properties subject to the payments over a period
of ten years, identifying them and setting forth the
respective amounts of the proposed special assessments,
shall be prepared by the director of utilities, or his
designee, and filed in the offices of the city clerk and
the director of utilities and published and filed in the
office of the county of Santa Clara assessor.
SECTION 10. Section 12.16.094 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.094 Payment of base cost -Establishment of special
assessment lien.
Upon completion (pursuant to Section 12.16.090) of
the underground service connection construction on any
parcel as to which the payment option has been exercised,
the affected owner who accomplished the construction may
file with the director of utilities, or his designee, a
verified claim for the base cost and incidental expense.
The claim shall be audited and paid in the manner
provided by law.
SECTION 11. Section 12.16.095 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
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12.16.095 Notice -Lien.
(a) Concurrently with such payment on which the
affected property owner will pay over a period of ten
years, the director of utilities, or his designee,
consistent with Section 12.16.093(b) shall publish and
file the assessment roll or list in the office of the
county of Santa Clara assessor with respect to the
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payments over a period of ten years or record a notice of
assessment in the office of the county of Santa Clara
recorder in substantially the following form:
NOTICE OF ASSESSMENT
Pursuant to the requirements of Sections
12.16.091 to 12.16.097, inclusive, of the Palo Alto
Municipal Code, the undersigned director of utilities, or
his designee, hereby gives notice of a special assessment
in the amount of $ against the following
described property:
(Insert description)
Notice is further given that the special
assessment shall become a lien upon the property
described herein upon the filing of the assessment roll
or list and the recording of this notice in the office of
the county of Santa Clara assessor.
The City of pa~ Ito
By ~,[jQ J..<. Q
DireC()]; of Utili ties
Dated: ~J29/o0 r I
(b) The notice of assessment shall set forth the
name of the owner of record, the property address, the
assessor's parcel number, the legal description of the
affected property, and a certification by the director of
utilities that the service connection cost has been paid
by the city on behalf of the owner of the described
affected property against which the lien is filed or
recorded. Such lien shall remain a lien until a full
release and discharge is made pursuant to the provision
of this chapter.
(c) Upon the filing of the assessment roll or the
recordation of the notice of assessment set forth in
Section 12.16.095 (a) and (b), the amount of the special
assessment shall constitute a lien on the parcel of
property described in the notice for the amount of such
assessment until paid, with the same priority as special
assessment liens established pursuant to Title 13 of this
Code. All remedies available for the enforcement and
collection of liens established under Title 13 shall
apply to liens established under this chapter.
SECTION 12. Section 12.16.096 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
12.16.096 Collection and payment.
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The affected property owner shall pay the assessment
and interest to the city in accordance with paragraph
(a) •
(a) The principal amount of each of the assessments
shall, upon filing or recordation, become payable in
equal annual installments over a period of ten years as
set forth in the notice provided for in Section
12.16.092, with interest computed at a rate equal to
three-quarters of one percent in excess of the rate shown
in the New York Bond Buyer Index of Municipal Bond
Average Yields for twenty year bonds for the week next
preceding the day on which the underground utility
district is ordered formed. The amounts of principal and
interest payable on each assessment shall be set forth in
the records of the director of utilities and transmitted
to the county of Santa Clara assessor. The amounts shown
,on the director of utilities' record against the
respective parcels of land shall be entered on the next
tax roll upon which general city taxes are to be
collected. Thereafter, such amounts shall be collected at
the same time, and in the same manner, as general city
taxes are collected, and shall be subject to the same
interest and penalties, and the same procedure and sale
in case of delinquencies. All laws applicable to the
levy, collection and enforcement of city taxes are hereby
made applicable to such assessment installments and
interest.
SECTION 13. Section 12.16.100 of Chapter 12.16 of Title
12 of the Palo Alto Municipal Code is hereby amended to read, as
follows:
060816 cs 0072659
12.16.100 Action on noncompliance.
(a) In the event the person owning, operating,
leasing or renting the affected property does not comply
with the provisions of Section 12.16.090 within the time
specified therein the director of utilities, or his
designee, shall have the authority to order the
disconnection and removal of poles, overhead lines and
associated overhead structures supplying utility service
to the affected property and the utility shall not be
thereafter required to provide service to such premises
until the owner, tenant or occupant makes the necessary
changes.
(b) Noncompliance by any person owning, operating,
leasing or renting the affected property with the
provisions of Section 12.16.090 shall constitute a
misdemeanor. Until such time as notice is given pursuant
to the provisions of Section 12.16.080 the utility shall
not be in violation of this chapter, or any ordinance
enacted pursuant to the provisions of Section 12.16.040
in continuing to maintain overhead facilities necessary
to serve such person during the period of such
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noncompliance and such reasonable time thereafter as may
be necessary to remove those facilities.
SECTION 14. The City Council hereby finds that the
passage of this ordinance is not a project under the California
Environmental Quality Act.
SECTION 15. This ordinance shall become effective upon
the commencement of the thirty-first day after the day of its
adoption.
INTRODUCED AND PASSED: July 10, 2006
AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KLEIN, KLEINBERB,
MORTON, MOSSAR
NOES:
ABSENT: KISHIMOTO
ABSTENTIONS:
Utilities ?}z.cr/Df...
APPROVED AS TO FORM:
Senior Asst. City Attorney
060816 cs 0072659
APPROVED:
'fH;S DOCUMENT IS CERTIFIED TO BE AN
ORDINANCE DULY PASSED BYTHE COUNCIL
0;:: THE CITY OF PALO ALTO AND
THr::RE/~" TEF! POSTErtJ1 ~~UNCIL CH/Uii~1ERS ONUL (WITHIN 15
OlWf.~ or-iTS PAS SAG )
"I certify (or ~leci!Jm) under penalty
of perjury tha't tho foregoing is truo
and correct." ~
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