HomeMy WebLinkAboutRESO 9439Resolution No. 9439
Resolution of the Council of the City of Palo Alto 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 Utility
District Number 46
RECITALS.
The Council of the City of Palo Alto RESOLVES 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 of the 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 with the exception ofthe City's sixty kilovolts transmission lines
and associated poles pursuant to Section 12.16.050 of Chapter 12.16 of Title 12 of the Palo Alto
Municipal Code ("Code").
SECTION 2. The number of the proposed Distri~t is Underground Utility District
Number 46 of the City of Palo Alto, commonly known as Colorado Avenue/Middlefield
Road/Oregon Expressway/Cowper Street.
SECTION 3. The description of the area comprising the District is as follows:
"All of the area in the County of Santa Clara, City of Palo Alto,
encompassing the areas contiguous with portions of Arastradero
Road/West Charleston Road/EI Camino Real. Underground Utility
District Number 46," on file in the office of the City Clerk."
SECTION 4. From and after the effective date of the establishment of the prop~sed
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 of the completion and
acceptance of the proposed underground facilities within the District to be constructed by the
City of Palo Alto, Pacific Bell Telephone Company doing business as AT&T California, and
Comcast of California IX, Inc., 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
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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 6th day of October, 2014, at
the hour of 7:00p.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. At the 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 to 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 Clerk of the City 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 of the 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 of the
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 ofthe Code.
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SECTION 10. This project is categorically exempt from the California Environmental
Quality Act under Section 15302{d) of Title 14, Division 6, Chapter 3 ofthe California Code of
Regulations (conversion of overhead electric utility distribution system facilities to
underground).
INTRODUCED AND PASSED: June 23, 2014
AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT:
ABSTENTIONS:
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APPROVED AS TO FORM: APPROVED:
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