HomeMy WebLinkAboutRESO 9285Resolution No. 9285
Amendment to Resolution No. 9245 of the Council of the City of Palo
Alto to Set December 10, 2012 as the New Public Hearing Date for
the Establishment of Underground Utility District No. 47 (Portions of
Homer, Cowper, Addison, Middlefield, Channing and Webster)
RECITALS
A. At its May 7, 2012 meeting, Council adopted Resolution of Intent No. 9245,
declaring its intention to amend Section 12.16.020 of Chapter 12.16 of Title 12 of the Palo Alto
Municipal Code by establishing Underground Dis~rict No. 47 (City Council Staff Report # 2531).
B. Although Section 6 of that resolution gave notice that the public hearing would
occur on Monday, July 23, 2012, because of several items already on the agenda on that date and
limited time, the proposed public hearing scheduled for July 23, 2012 did not occur.
C. In the meantime, staff has determined that it needs additional time to fully design
the Underground District No. 47 project and requests that Council adopt an amended Resolution
No. 9245 setting Monday, December 10, 2012 as the date of the Public Hearing where the Council
would hear all protests and receive evidence for and against the action proposed, and when and
where the Council would consider and finally determine whether the public necessity, health and
safety require the establishment of Underground Utility District No. 47.
The Council of the City of Palo Alto does hereby RESOLVE as follows:
SECTION 1. In its opinion, the public necessity, health and safety require, and it is the
intention of the Council, pursuant to Section 12.16.040 of Chapter 12.16 of Title 12 of the Palo Alto
Municipal Code ("Code"), to amend Section 12.16.020 of Chapter 12.16 ofthe Code, by ordering
the establishment of an Underground Utility District ("District") and to prohibit the construction in
and require the removal from the proposed District of all poles and overhead lines and associated
overhead structures used or useful in supplying electric, communication or similar and associated
services.
SECTION 2. The number of the proposed District is Underground Utility District
Number 47 of the City of Palo Alto, commonly known to include street and avenue portions of
Homer, Cowper, Addison, Middlefield, Channing and Webster.
SECTION 3. The description of the area comprising the District is as fo1l9WS:
"All of the area in the County of Santa Clara, City of Palo Alto,
encompassing the areas contiguous with portions of the following
avenues, roads, and streets: Homer, Cowper, Addison, Middlefield,
Channing and Webster, all as more particularly described on that certain
map entitled "Proposed Underground Utility District No. 47
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Homer/Cowper/Addison/ Middlefield/Channing/Webster/' on file in the
office of the City Clerk."
SECTION 4. From and after the effective date of the establishment of the proposed
District, no person or utility shall erect or construct within the District any pole, overhead lines or
associated overhead structure used or useful in supplying electric, communication or similar
associated services.
SECTION 5. Within ninety (90) days from the date ofthe completion and acceptance of
the proposed underground facilities within the District to be constructed by the City of Palo Alto,
Comcast of California IX, Inc. and Pacific Bell Telephone Company dba AT&T California, all poles
and overhead lines and associated structures used or useful in supplying electric, communication
or similar and associated services in the proposed District shall be removed, and from and after the
date no person or utility shall use or maintain such facilities within the proposed District.
Additional notice shall be given after the completion date has been precisely determined.
SECTION 6. NOTICE IS HEREBY GIVEN that Monday, the 10th day of December, 2012,
at the hour of 7:00 p.m., in the regular meeting place of its City Council, Civic Center, Palo Alto,
California, is hereby fixed as the time and place when and where the Council shall hear all protests
and receive evidence for and against the action herein proposed, and when and where the Council
shall consider and finally determine whether the public necessity, health and safety require the
establishment of the District and the removal of poles, overhead wires, and associated overhead
structures, and the underground installation of wires and facilities for supplying electric,
communication and similar or associated services in the District hereinabove described.
SECTION 7. Atthe public hearing, all persons interested shall be given an opportunity
to be heard. The hearing may be continued from time to time as determined by the Council.
SECTION 8. The Electrical Engineering Manager, Department of Utilities, City of Palo
Alto, is hereby designated as the person t~o answer inquiries regarding the protest proceedings, to
be had herein and may be contacted during regular office hours at 1007 Elwell Court, Palo Alto,
California, 94303, or by calling (650) 566-4548.
SECTION 9. The City Clerk shall give notice of the public hearing by publishing notice of
the public hearing and the director of utilities shall mail copies of this resolution to all property
owners within the proposed District as shown on the last equalized tax roll ofthe City, and to all
utilities supplying electric, communication or similar or associated services within the proposed
District, the mailing to be completed at least thirty (30) days prior to the date ofthe public hearing.
The Clerk is authorized to include in the notice to be mailed a statement to the effect that any
affected property owner has the option of paying the cost of converting his or her or their service
connection to underground locations over a period of years. Such notice shall conform to Section
12.16.092 of Chapter 12.16 of Title 12 of the Code.
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SECTION 10. This project is categorically exempt from CEQA under Public Resources
Code Section 15302(d} (Conversion of overhead electric utility distribution system facilities to
underground).
INTRODUCED AND PASSED: September 10, 2012
AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID
SHEPHERD, YEH
NOES:
ABSENT:
ABSTENTIONS:
APPROVED AS TO FORM: APPROVED:
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