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HomeMy WebLinkAbout01 - Amendment of Section 9255.28(a) of the Municipal Code Relating to Underground UtilitiesE E To; From; Subj _c.tA CITY OF NEWPGsRT BEACH CITY ATTORNEY AJR ZANT The Honorable :Mayor and Members of the City Council City Attorney November 5, 1.96.5 Amendment of: Section 9255,28("a) of the Municipal Cade relating to underground utilities. The proposed amendment of Section 9255.28(a) of the City`s subdi- vision ordinance, Article IX 1%2. o.f the Municipal Code, would, if adopted by the City Council, carry out the Planning Commission's recommendation that the requirement of underground utilities in subdivisions be made mandatory. As presently worded the section provides as follows 91SECTION 9255.28(a). Underground Utilities, Underground telephone and utility systems may be required by the Plan- ning Commission and the design, layout and location shall be approved by the City Engineer.'' Under the proposed wording it should be noted that the City Council is authorized to waive the requirement that utilities be placed underground upon recommendation of. the Planning Commission if it is determined that topographical, soil or :any other conditions make such underground installations unreasonable or impractical, When this matter was first placed. on the Council agenda, the City At.torney's office received several inquiries from representatives of utility companies, builders, and architects expressing their interest in the wording that would be used in the ordinance, As :a result of these expressions of interest, a meeting was held on Novet ber 2, 1965, at which the following persons were present-, K. S. Avera., L. F. Gray, R, C. Kiser, and J. V Luke, of; the Southern California. Edison Company; La C. Arthington of The Pacific Telephone and.Telegraph Company;. Cared N. Smith of the Orange County Chapter of The American Institute of Architects; Royce V Coin, Executive Director in Orange County of the Home Builders Assc, iation; Public Works Di_rect.ox Joe Devlin; and City Engineer Ben Nolan. Following a thorough discussion of the issues, it .was determined that the language incorporated in the proposed .amendment would be acceptable to all of the interest groups represented at the meeting. THS , mec 'TulfYA , Sep o r cc - City Manager, City Clerk, City ttorney Public Works Director, Planning Director N 00 LEGAL NOTICE NOTICE OF PUBLIC HEARING. NOTICE IS HEREBY GIVEN that the City Council of the Cityof Newport Beach will hold a public hearing regarding Or- dinance No. 1144, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION .9255.28 (a) OF THE NEWPORT BEACH MUNICI. PAL CODE RELATING TO UNDERGROUND UTILITIES. NOTICE IS HEREBY FUR- THER GIVEN that the said public hearing will be held on the 22nd day of November, 1965, at the hour of 7:30 P.M. in the Council Chambers of the City Hall of the City of Newport Beach, California, at which time and place any and all per- sons may appear and be heard thereon. MARGERY SCHROUDER City Cleric City of Newport Beach Publish: Nov. 11, 1965, in The Newport Harbor Ensign '.t NOTICE OF POSTING . On I posted Notice of Public Hearing regarding: y • Ordinance No. 1144, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9255. 2$(a) OF THE N.EWPORT BEACH MUNICIPAL CODE RELATING TO UNDERGROUND UTILITIES. at the United States Post Offices in Corona del Mar, Newport Beach, Balboa, (and on subject property, if property is involved). —�CLf s• a' � 0 E NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding Ordinance No. 1144, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 925.5.28(a) OF THE NEWPORT BEACH MUNICIPAL CODE RELATING 'TO UNDERGROUND UTILITIES. NOTICE IS HEREBY FURTHER GIVEN that the said public hearing will be held on the 22zid day of November , 1965 , at the hour of 7.30 P. M. in the Council Chambers of the City Hall of the City of Newport Beach, California., at which time and place any and all persons interested may appear and be heard thereon. Margery jchroider City Clerk City of Newport Beach THE IRVINE COMPANY 13042 MYFORD ROAD, POST OFFICE BOX 37, IRVINE,CALIF, 92650, LINCOLN 4-0120 November 22, 1965 Mr. Harvey L. Hurlburt City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California Subject: Proposed Ordinance Relating to Underground Utilities • 1 Dear Mr. Hu.rlbu.rt: We would first like to say that The Irvine Company is fully in favor of underground electrical and telephone facilities. This preference has been aptly demonstrated in all of the developments which this company has accomplished in your City and we intend to continue this practice in future developments. However, the installation of underground electrical and telephone must be economically supported by the land's development. The company experience has been that it is possible to financially support the installation of the 4KV in -tract distribution systems and at times to include the 12KV offsite system adjacent to the tract development. The Southern California Edison Company has consistently advised that it is not feasible to place their 66KV, and larger, facilities underground. The manner in which the presently proposed ordinance has been pre- pared does not provide sufficient assurance that the City will allow the continuance of this practice. Additionally, we have found that the 12KV costs are such that often times their financing need be spread onto considerable areas, beyond the subdivision being developed, in order to make it economically feasible. In appreciation of the rather complex factors involved in the adoption of such an ordinance, it is requested that such adoption r w� Mr. Harvey L. Hurlburt - 2 - November 22, 1965 be delayed until there is clarification on the types of facilities to be encumbered by the ordinance and until it has been possible to definitely ascertain the manner in which those covered will be financially supported. Your consideration of this postponement will be appreciated to allow our respective staffs to work out the necessary clarification. WRM/fh/cjz Very truly yours, W. R. Mason Vice President