HomeMy WebLinkAboutCC Reso 2019-31 - Establishing Underground district No. 4 - State St fm Clay to Mill1
RESOLUTION NO. 2019-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE
BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 4- ALONG
STATE STREET FROM CLAY STREET TO MILL STREET
WHEREAS,
On June 20, 2019, in accordance with UCC §3810, the City Clerk gave notice to affected
property owners as shown on the last equalized assessment roll of the time, date, location
and proposed boundaries of a new Underground District to be known as Underground District
No. 4, which encompasses both sides of State Street from Clay Street to Mill Street, as more
fully described in the attached Exhibit 1; and
Under UCC Sections 3811 and 3820, when the City Council establishes an underground
district, it must fix the time within which the removal of poles, overhead wires and associated
overhead structures and the underground installation of these facilities shall be completed
and when affected property owners must be ready to receive underground service; and
On July 3, 2019, the City Council conducted a public hearing in accordance with UCC §3810,
to consider establishing Underground District No. 4. its proposed boundaries and the schedule
for completing the undergrounding of overhead facilities, including by utilities and property
owners within the proposed District. The City Council also considered whether the public
necessity, health, safety or welfare requires the removal of poles, overhead wires and
associated overhead structures and the underground installation of wires and facilities for
supplying electric, communication or similar or associated service within the boundaries, as
depicted and described in the attached Exhibit 1; and
4. At least ten (10) days prior to the scheduled hearing. notice of such hearing was given to all
affected property owners as shown on the last equalized assessment roll and all affected
utilities in the manner and for the time required by law: and
5. Such hearing has been duly and regularly held and all persons interested have been given an
opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council finds that:
a. State Street has been designated as a primary gateway into the City, provides access
from U.S. Highway 101 through important commercial areas to the historic downtown
business district, and accordingly passes through a civic area of unique scenic interest to
the general public.
b. The undergrounding to be accomplished will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities.
c. State Street is extensively used by the general public and carries a heavy volume of
pedestrian and vehicular traffic.
d. The public necessity, health, safety and welfare require the removal of poles, overhead
wires and associated overhead structures and the underground installation of wires and
facilities for supplying and improving electric, communication or similar or associated
1
service within the boundaries of Underground District No. 4, as described in the attached
Exhibit 1.
2. Based on the foregoing findings:
a. The removal and undergrounding of electrical facilities as herein provided shall apply to
all of Underground District No. 4, as described in Exhibit 1.
b. All poles, overhead wires and associated overhead structures shall be removed and
underground installation made in Underground District No. 4 within the following times and
in the following manner:
(1) Underground installation by the utility companies, including the City of Ukiah Electric
Department, AT&T and Comcast shall be completed by April 1, 2020;
(2) Said utilities shall share equally the costs associated with undergrounding their
facilities within the public right of way, including, but not limited to, the costs of
removing poles and overhead wires and related facilities, furnishing and installing
conduits, conductors and associated equipment, and of trenching, compacting,
backfilling, and paving over said facilities;
(3) With permission of the property owner, the City Electric Department and the other
utilities furnishing service to the property, including AT&T and Comcast, at the expense
of the utilities, will install up to 100 feet of underground service lines and related
equipment from the public right-of-way along State Street to the service equipment on
the property. If the property owner does not consent in a form and within the time
satisfactory to the Director of the Electric Department or his or her designee, the
property owner shall install those facilities at his or her expense in compliance with
specifications and project timeline adopted by the Electric Department.
3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy
of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property
owners as shown on the last equalized assessment role and to affected utilities.
PASSED AND ADOPTED on July 3, 2019, by the following roll call vote:
AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
d:' / t
Kristine Lawler, City Clerk
2 2
Maureen Mulheren, Mayor
1
1
1
EXHIBIT "1"
CITY OF UKIAH UNDERGROUND DISTRICT NO. 4
BOUNDARY DESCRIPTION
SOUTH STATE STREET — CLAY STREET TO MILL STREET
Starting at the point of intersection of the centerline of West Clay Street and 25' west of the
Westerly right-of-way line of State Street; thence Southerly, parallel with the Westerly right-of-way
line of State Street to the centerline of Mill Street; thence Easterly along the centerline of Mill
Street to 25' east of the Easterly right-of-way line of State Street; thence Northerly, parallel with
the Easterly right-of-way line of State Street, to the centerline of Clay Street, thence Westerly, to
the point of beginning.
3