HomeMy WebLinkAboutItem 6c. Second Reading of O-1721 (Undergrounding Ordinance to add Utility District 16) Item 6c
Department: Public Works
Cost Center: 5009
For Agenda of: 10/18/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: SECOND READING OF ORDINANCE NO. 1721 (2022 SERIES) TO
AMEND TITLE 13, CHAPTER 13.12, OF THE MUNICIPAL CODE TO ADD
AN UNDERGROUNDING DISTRICT COMPRISING THE LIMITS OF THE
PRADO BRIDGE REPLACEMENT PROJECT
RECOMMENDATION
Adopt Ordinance No. 1721 (2022 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, amending Section 13.12.040 of the San Luis
Obispo Municipal Code to Establish a New Underground Utility District 16.”
POLICY CONTEXT
The City’s Municipal Code Chapter 13 requires passage of an Ordinance and notification
of those affected prior to undergrounding any overhead utilities. The second reading of
this Ordinance memorializes the Council’s previous policy direction.
The recommended action, and Prado Bridge Replacement project, helps fulfill the Major
City Goal of Climate Action, Open Space, and Sustainable Transportation, specifically
Alternative and Sustainable Transportation identified as Strategic Approach #4.4 in the
adopted 2021-23 Financial Plan.
On October 4, 2022, Council approved staff’s recommendation approving an amendment
to the municipal code and establishing an underground district for the project area.
DISCUSSION
Background
To date, fifteen (15) underground districts have been implemented in accordance with
procedures identified in the Municipal Code1. The recommended passage of the
proposed ordinance (Attachment A) would be the sixteenth undergrounding district
created since 1972 and follow the project limits (Attachment B).
1 https://sanluisobispo.municipal.codes/Code/13.12.040
Page 15 of 161
Item 6c
The Prado Creek Bridge Replacement Project consists of the removal and replacement
of the bridge across San Luis Obispo Creek at Prado Road. With the future Prado
Interchange and extension of Prado Road to Broad Street, the widening of t he bridge and
adjacent intersection was considered the first step in a new Prado Road corridor.
The existing bridge is structurally deficient and too narrow to carry the projected multi-
modal traffic along Prado Road. The proposed bridge will carry two lanes of traffic in each
direction as well as separated pedestrian and cyclist facilities.
Utilities and Undergrounding
Both Prado Road and South Higuera Street contain electrical and communication
overhead utilities (present on wooden power poles). Pacif ic Gas and Electric (PG&E) is
the primary overhead utility and is responsible for providing electrical power throughout
the City.
In 1978, the City and PG&E executed a franchise agreement (Attachment C), formally
granting PG&E access to public ROW with the condition they would relocate their facilities
at no cost to the City when requested. Another part of the franchise agreement stated the
City’s intent to underground overhead facilities whenever possible, and share that
undergrounding cost with PG&E.
Staff recommends undergrounding these facilities would also help create a more resilient
utility corridor, decreasing the likelihood of an interruption in services from a vehicular
collision or inclement weather. Users would also benefit from the lack of visual clutter and
improved aesthetic experience that comes with the removal of overhead facilities.
In order to start the undergrounding process, an undergrounding district must be created
via the proposed Ordinance within project limits. City and PG&E staff will then meet to
discuss the project scope and costs, with the intent of coordinating undergrounding
activities with the start of project construction. Staff anticipates that this will provide a cost
savings due to project scale, prevent multiple periods of public inconvenience due to road
closures, and provide an opportune window for other companies to perform their
undergrounding/relocations.
Previous Council Action
Previous Councils have declared undergrounding districts within the City via Ordinance,
often coincident with new development or redevelopment of major corridors. The last time
a City-funded project included undergrounding work was in 2005 with the widenin g of
Broad Street/State Route 227. (Ordinance 1442)
As noted previously, the Franchise Agreement between the City and PG&E in 1978
outlines the undergrounding process and cost splitting.
On October 4, 2022, Council approved the first reading and introduction of the
Undergrounding Ordinance as brought forward (10/04/2022 Council Draft Minutes).
Page 16 of 161
Item 6c
Public Engagement
Staff and consultants hosted a public meeting on July 26, 2022 to discuss the Prado
Bridge Replacement. The Public meeting started with a project overview, in which
environmental mitigation, utility undergrounding, schedule, cost and next steps to delivery
were discussed.
As required by the Municipal Code, a mailer notice was sent to all potentially affected
properties and published in The New Times 30 days prior to this first hearing. On October
4, 2022, the City Council held a Public Hearing in which affected property owners were
encouraged to attend and give their feedback.
CONCURRENCE
This project has concurrence from the Public Works and Utilities Department.
ENVIRONMENTAL REVIEW
As part of this project, both State and Federal environmental documents are being
prepared. The State document, a Mitigated Negative Declaration (MND) has recently
completed its public comment period, and a final draft was approved by Council at the
October 4, 2022 meeting.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-2023
Funding Identified: Yes
Fiscal Analysis:
Utility undergrounding was not considered when the current Financial Plan was
developed, but those costs along will be included within updated budget requests as part
of the upcoming 2023-25 Financial Plan. There is sufficient budget in the project account
(#91252) to continue the design and permitting efforts with utilities as seen below:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $1,243,013.54 $0
Airport Area
Impact Fee $2,000.00 $0
Transportation
Impact Fee $3,875,268.50
Total $5,120,282.04 $0 N/A N/A
ALTERNATIVES
Page 17 of 161
Item 6c
Decline the creation of an Underground Ordinance. City Council could choose to allow
overhead utility providers to relocate instead of undergrounding their facility. Staff does
not recommend this option. The resulting project would be less resilient, impede the
pedestrian/cyclist facilities as well as conflict with the City’s vision of undergrounding all
utilities as the opportunity arises.
ATTACHMENTS
A - Ordinance No. 1721 (2022 Series)
B - Proposed Underground District Overview Map
C - PG&E Franchise Agreement (1978)
Page 18 of 161
O 1721
ORDINANCE NO. 1721 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTION 13.12.040 OF THE SAN
LUIS OBISPO MUNICIPAL CODE TO ESTABLISH A NEW
UNDERGROUND UTILITY DISTRICT 16
WHEREAS, The City of San Luis Obispo wishes to improve the resiliency and
appearance of the City by the removal of overhead utilities; and
WHEREAS, the limits of the Prado Bridge Replacement Project, Specification
91252 (Project) will require significant overhead utility work during construction; and
WHEREAS, the City and overhead utility purveyors will be able to split
undergrounding costs.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The following Subsection 15 of Section 13.12.040 of the San Luis
Obispo Municipal Code is hereby added to establish Underground District 16:
15. That portion of Higuera Street and Prado Road in the City of San Luis Obispo,
County of San Luis Obispo, State of California, described as follows:
Beginning at a point on the centerline of Higuera Street that bears South 27°41'25" West
161.18 feet from a found brass pin in monument well marking the intersection of the
centerline of Higuera Street with the centerline of the Higuera Street Cul-de-sac as shown
on the Record of Survey filed in Book 114 of Records of Surveys at page 89 and on the
map of Higuera Commerce Park Tract No. 703 filed in Book 10 of Maps at page 50, in
the Office of the County Recorder of said County, from which said brass pin a found pin
in monument well marking the intersection of the centerline of Higuera Street with the
centerline of Tank Farm Road as shown on said maps bears South 27°41'25" West
798.90 feet [South 26°09'20" West 798.84 feet per said record of survey];
Thence North 62°18'35" West, 42.00 feet (L1) to the northwesterly line of Higuera Street;
Thence along said line and along the northwesterly line of the offer to dedicate described
in the document recorded in Volume 3020 of Official Records at page 1 in the Office of
the County Recorder of said County North 27°41'44" East 709.93 feet to the beginning
of a curve to the left, having a radius of 20.00 feet;
Thence continuing along said line and along the southwesterly line of Prado Road, 84
feet wide, along the arc of said curve through a central angle of 90°37'00" a distance of
31.63 feet;
Page 19 of 161
Ordinance No. 1721 (2022 Series) Page 2
O 1721
Thence continuing along the southwesterly line of Prado Road North 62°55'10" West,
588.88 feet to a point on the northwesterly prolongation of the south line of the “24’ strip
to be dedicated to City of San Luis Obispo” shown on Parcel Map SLO -71-178 filed in
Book 6 of Parcel Maps at page 70, in the Office of the County Recorder of said County;
Thence North 66°21' 50" East, 108.52 feet (L2) to the southwesterly corner of Parcel 2 of
Parcel Map No. SLO-73-495 filed in Book 14 of Parcel Maps at page 4 in the Office of the
County Recorder of said County;
Thence South 62°55' 10" East, 160.00 feet to the southeasterly corner of said Parcel 2
and the southwesterly corner of Parcel 2 of Parcel Map No. SL 05 -0428 filed in Book 68
of Parcel Maps at pages 66-68, in the Office of the County Recorder of said County;
Thence along the northwesterly line of said Parcel 2 North 27°45'50" East, 8.00 feet to
the northeasterly line of the 8.00 foot offer to dedicate for streets shown on said map and
the northerly line of Prado Road;
Thence along said line South 62°55'10" East, 367.41 feet to the beginning of a non -
tangent curve to the left having a radius of 951.00 feet, the center of said curve bears
North 69°11'40" West and to the westerly line of the variable width offer to dedicate for
streets shown on said map and to the westerly line of Higuera Street;
Thence, along the westerly line of Higuera Street, along the arc of said curve through a
central angle of 13°59'45" a distance of 232.31 feet;
Thence South 83°11'25" East, 89.00 feet to the easterly line of Higuera Street as shown
on the Record of Survey filed in Book 16 of Licensed Survey Maps at page 75 and to the
beginning of a non-tangent curve to the right having a radius of 1040.00 feet, the center
of said curve bears North 83°11'25" West;
Thence along said easterly line and along the arc of said curve through a central angle of
14°08'33" a distance of 256.71 feet to the beginning of a reverse curve having a radius of
20.00 feet;
Thence along said easterly line and along the northeasterly line of Prado Road as shown
on said Record of Survey along the arc of said curve through a central angle of 78°11'33"
a distance of 27.29 feet to the beginning of a reverse curve having a radius of 542.00
feet;
Thence continuing along said northeasterly line along the arc of said curve through a
central angle of 10°50'34" a distance of 102.57 feet to the beginning of a reverse curve
having a radius of 458.00 feet;
Thence continuing along said northeasterly line along the arc of said curve through a
central angle of 19°23'21" a distance of 154.99 feet;
Page 20 of 161
Ordinance No. 1721 (2022 Series) Page 3
O 1721
Thence South 24°12'45" West, 84.01 feet to the southwesterly line of Prado Road as
shown on said Record of Survey and to the beginning of a non-tangent curve to the right
having a radius of 542.00 feet, the center of said curve bears North 24°12'45" East;
Thence along said southwesterly line and along the arc of said curve through a central
angle of 19°23'05" a distance of 183.37 feet to the beginning of a non-tangent curve to
the left having a radius of 458.00 feet, the center of said curve bears South 43°27'57"
West;
Thence continuing along said southwesterly line along the arc of said curve through a
central angle of 08°11'24" a distance of 65.47 feet (C1) to the beginning of a compound
curve having a radius of 20.00 feet;
Thence along said southwesterly line and along the southeasterly line of Higuera Street
as shown on said Record of Survey, along the arc of said curve through a central angle
of 97°33'58" a distance of 34.06 feet (C2);
Thence continuing along said southeasterly line as shown on the Record of Survey filed
in Book 114 of Records of Surveys at page 89 South 27°42'35" West, 144.77 feet (L3)
to the southwest corner of the land described in the document recorded in Book 4018 of
Official Records at page 380 in the Office of the County Recorder;
Thence along the south line of said land and along the easterly line of Higuera Street
South 88°26'48" East, 3.39 feet (L4) to the easterly line of the offer of dedication for street
purposes (width varies) as shown on Parcel Map SLAL-91-102 filed in Book 50 of Parcel
Maps at pages 51, in the Office of the County Recorder of said County;
Thence along said easterly line the following six courses:
Thence South 27°41'51" West, 19.61 feet (L5);
Thence South 62°18'09" East, 7.50 feet (L6);
Thence South 27°41'51" West, 65.70 feet (L7);
Thence South 62°18'09" East, 3.00 feet (L8);
Thence South 27°41'51" West, 84.40 feet (L9);
Thence North 62°18'35" West, 13.44 feet (L10);
Thence continuing along said easterly line and its southerly prolongation South 27°41'44"
West, 393.44 feet;
Thence North 62°18'35" West, 42.00 feet (L11) to the point of beginning.
Page 21 of 161
Ordinance No. 1721 (2022 Series) Page 4
O 1721
Containing 3.84 acres more or less.
Property owners shall be prepared to receive underground services by June 30, 2024.
Overhead facilities shall be removed from public property by June 30, 2030.
Property owners shall not incur any costs required for con versions.
SECTION 2. A summary of this ordinance, approved by the City Attorney, together
with names of the Council Members voting for and against it, shall be published at least
five days prior to its final passage, in The New Times, a newspaper published and
circulated in this City. This ordinance will go into effect at the expiration of thirty days after
its final passage.
INTRODUCED on the 4th day of October, 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the _____ day of ________, 2022, on the
following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 22 of 161
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RAD.
SAN LUIS OBISPO, CA 93401
T 805 544-4011
www.wallacegroup.us
F 805 544-4294
612 Clarion Court EXHIBIT B- PROPOSED HIGUERA STREET AND
PRADO ROAD UNDERGROUND DISTRICT SAN
LUIS OBISPO,CA
Sheet 1 of 2
DRAWN BY:
DATE :
DRAWING :
JOB No. :
GM
0061-0077
9/13/2022
PRADO
0 130 26065
SCALE
1 INCH = 130 FEET
Page 23 of 161
Page 24 of 161
ORDINANCE NO . 767 (1978 Series )
AN ORDINANCE OF THE CITY OF SAN LUIS OBISP O
GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY ,
ITS SUCCESSORS AND ASSIGNS, THE FRANCHIS E
(1) TO USE, FOR TRANSMITTING AND DISTRIBUTIN G
ELECTRICITY SUITE D
FOR LIGHTING BUT FOR USE BY CONSUMERS FOR ANY
AND ALL LAWFUL PURPOSES OTHER THAN LIGHTING ,
ALL POLES, WIRES, CONDUITS AND APPURTENANCE S
WHICH ARE NOW OR MAY HEREAFTER BE LAWFULL Y
PLACED AND MAINTAINED IN THE PUBLIC STREET S
AND PLACES WITHIN THE CITY OF SAN LUIS OBISPO ,
UNDER THAT CERTAIN FRANCHISE OF GRANTEE AC -
QUIRED PURSUANT TO SECTION 19 OF ARTICLE X I
OF THE CONSTITUTION OF THE STATE OF CALIFORNIA ,
AS SAID SECTION EXISTED PRIOR TO ITS AMENDMEN T
ON OCTOBER 10, 1911 ; (2) TO CONSTRUCT, MAINTAI N
AND USE IN SAID PUBLIC STREETS AND PLACES AL L
POLES, WIRES, CONDUITS AND APPURTENANCES WHEN -
EVER AND WHEREVER SAID CONSTITUTIONAL FRANCHIS E
IS NOT NOW NOR SHALL HEREAFTER BE AVAILABL E
THEREFOR, NECESSARY TO TRANSMIT AND DISTRIBUT E
ELECTRICITY SUITE D
FOR, AND FOR USE BY CONSUMERS FOR, ANY OR AL L
LAWFUL PURPOSES ; AND (3) TO UTILIZE SAID POLES ,'
WIRES, CONDUITS AND APPURTENANCES IN SAID PUBLI C
STREETS AND PLACES FOR TRANSMITTING ELECTRICIT Y
_FOR USE OUTSIDE TH E
BOUNDARIES OF THE CITY FOR ANY AND ALL LAWFU L
PURPOSES, AND PROVIDING THE TERMS AND CONDITION S
OF THE FRANCHISE SO GRANTED .
BE IT ORDAINED by the Council of the City of San Lui s
Obispo as follows :
AG :ktm 3/8/7 8
rev .6 7rev.4/78
O 767
Page 25 of 161
SECTION 1 . DEFINITIONS .
Whenever in this ordinance the words and phrases herein -
after in this section defined are used, they shall have th e
respective meanings assigned to them in the following definitions :
(a)The word "grantee" shall mean Pacific Gas and Electri c
Company, and its lawful successors or assigns ;
(b)The word "city" shall mean the City of San Lui s
Obispo, a municipal corporation of the State of California ,
in its present incorporated form or in any later reorganized ,
consolidated, enlarged or reincorporated form ;
(c)The word "streets" shall mean the public streets, ways ,
alleys and places as the same now or may hereafter exis t
within city, including State highways, now or hereafte r
established within city, and freeways hereafter establishe d
within city ;
(d)The phrase "poles, wires, conduits and appurtenances "
shall mean poles, towers, supports, wires, conductors, cables ,
guys, stubs, platforms, crossarms, braces, transformers ,
insulators, conduits, ducts, vaults, manholes, meters, cut -
outs, switches, communication circuits, appliances, attach-
ments, appurtenances and, without limitation to the foregoing ,
any other property located or to be located in, upon, along ,
across, under or over the streets of city, and used or usefu l
in transmitting and/or distributing electricity .
(e)The phrase "construct, maintain and use" shall mea n
to construct, erect, install, operate, maintain, use, repair ,
or replace ;
AG :ktm 3/8/78 -2 -
rev .6/5/78
Page 26 of 161
(f) The phrase "constitutional franchise" shall mean th e
right acquired through acceptance by grantee or its prede-
cessor in estate of the offer contained in the provision s
of Section 19 of Article XI of the Constitution of th e
State of California, as said section existed prior to it s
amendment on October 10, 1911 .
SECTION 2 . GRANT OF FRANCHISE .
The franchise (1) to use, for transmitting and distributing
electricity suited for lighting but fo r
use by consumers for any and all lawful purposes other than lighting ,
all poles, wires, conduits and appurtenances which are now or ma y
hereafter be lawfully placed and maintained in the streets withi n
city under the constitutional franchise of grantee ; (2) to construct ,
maintain and use in said streets all poles, wires, conduits an d
appurtenances whenever and wherever the constitutional franchis e
of grantee is not now nor shall hereafter be available therefor ,
necessary to transmit and distribute electricity suited for, and fo r
use by consumers for, any or all lawful purposes ; (3) to utiliz e
said poles, wires, conduits and appurtenances in said publi c
streets and places for transmitting electricity for use outside th e
boundaries of city for any and all lawful purposes is hereb y
granted to Pacific Gas and Electric Company, its successors an d
assi g ns .
AG :ktm 3/8/78 -3 -
rev .6/5/7 8
rev .7/24/78 Page 27 of 161
SECTION 3 . RELOCATION OF FACILITIES .
Grantee of this franchise shall relocate, without expens e
to city, any poles, wires, conduits and appurtenances theretofor e
installed, and then maintained or used under this franchise, i f
and when made necessary by any lawful change of grade, alignmen t
or width of any streets by city, including the construction of an y
subway or viaduct, or any other conflict with a municipal govern-
ment purpose .
SECTION 4 . TERM .
Said franchise shall be indeterminate, that is to say ,
said franchise shall endure in full force and effect until th e
same shall, with the consent of the Public Utilities Commissio n
of the State of California, be voluntarily surrendered or aban-
doned by grantee, or until the state or some municipal or publi c
corporation thereunto duly authorized by law shall purchase b y
voluntary agreement or shall condemn and take under the powe r
of eminent domain, all property actually used and useful in th e
exercise of said franchise and situate in the territorial limit s
of the state, municipal or public corporation purchasing or con-
demning such property, or until said franchise shall be forfeite d
for noncompliance with its terms by grantee .
SECTION 5 . CONSIDERATION .
Grantee of said franchise shall during the term thereo f
pay to city a sum annually which shall be equivalent to two percen t
(2%) of the gross annual receipts of grantee arising from the use ,
operation or possession of said franchise ; provided, in case th e
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Page 28 of 161
State Legislature raises the minimum percentage allowable, th e
new rate shall apply ; and provided, however, that such paymen t
shall in no event be less than a sum which shall be equivalent t o
one-half percent (1/2%) of the gross annual receipts derived b y
grantee from the sale of electricity within the limits of city unde r
said franchise and said constitutional franchise .
In addition to the foregoing, grantee shall pay to cit y
within thirty (30) days of the issuance by the Public Utilitie s
Commission of a certificate of convenience and necessity t o
exercise the franchise the sum of Ten Thousand Dollars ($10,000 .00).
If, at any time after the payment of said sum, it shall be adjudge d
that said franchise did not become effective or was or is invalid ,
or if the grantee shall, at any time, be prevented by the city o r
by judgment procured by any other person from exercising the sam e
for any reason other than noncompliance with its terms by th e
grantee, then said sum of Ten Thousand Dollars ($10,000 .00) shal l
be forthwith repaid by the city to the grantee .
SECTION 6 . REPORTS .
Grantee shall file with the City Clerk within three (3 )
months after the expiration of the calendar year, or fractiona l
calendar year, following the date of the granting hereof, an d
within three (3) months after the expiration of each and ever y
calendar year thereafter, a duly verified statement showing i n
detail the total gross receipts of grantee during the precedin g
calendar year, or such fractional calendar year, from the sal e
of energy within city . Grantee shall pay to city within fiftee n
(15) days after the time for filing such statement, in lawfu l
AG :ktm 3/8/78 -5 -
rev . 6/5/78 Page 29 of 161
money of the United States, the aforesaid percentage of its gros s
receipts for such calendar year, or such fractional calendar year ,
covered by such statement . Any neglect, omission or refusal b y
grantee to file such verified statement, or to pay said percentag e
at the time and in the manner specified, shall be grounds for th e
declaration of a forfeiture of this franchise and of all right s
of grantee hereunder .
SECTION 7 . AUTHORITY FOR GRANT .
This franchise is granted under the Indeterminat e
Franchise Act of 1937 and pursuant to Article XIII of the Charte r
of the City of San Luis Obispo, adopted in 1955, and no othe r
authority .
SECTION 8 . COMPLIANCE WITH LAWS .
All facilities or equipment of grantee that grantee shal l
construct, maintain and use or remove, pursuant to the provision s
of the franchise granted herein shall be accomplished in accordanc e
with the ordinances, rules and regulations of city now or as here -
after adopted or prescribed which are not in conflict with th e
paramount authority of such rules, regulations and orders as ar e
promulgated or approved by or are filed with the Public Utilitie s
Commission or other governmental authority having jurisdiction i n
the premises .
SECTION 9 . ADMINISTRATIVE PRACTICES .
Grantee is herewith charged with the responsibility o f
preparing, with the cooperation of city, a manual of administrativ e
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Page 30 of 161
practices which shall govern the installation and removal of grantee's
facilities in the streets of city which shall include, but not b e
limited to, cathodic protection practices . Once each year, com-
mencing with the first full calendar year of the franchise grante d
herein, it is to be the joint responsibility of grantee and cit y
to review and update such administrative practices . Both grante e
and city are charged with the duty to review and update such admin-
istrative practices by a method of mutual cooperation which shal l
take into consideration the reasonable needs and convenience o f
each party ; provided that said administrative practices and th e
terms and conditions thereof shall be at all times subject t o
approval of the City Council as expressed by appropriate legis-
lative action, and shall not conflict with the paramount authorit y
of such rules, regulations and orders as are promulgated or approve d
by or are filed with the Public Utilities Commission or other govern -
mental authority having jurisdiction in the premises .
Following the preparation of said manual, and its approva l
by the City Council, it shall govern the practices of the grante e
in its installation and removal of grantee's facilities in th e
streets of city .
SECTION 10 .CITY RESERVED POWERS .
(a) City reserves the right for itself to lay, construct ,
erect, install, use, operate, repair, replace, remove, relocate ,
regrade or maintain below surface or above surface improvement s
of any type or description in, upon, along, across, under or ove r
the streets of the city . City further reserves the right to re -
locate, remove, vacate or replace the streets themselves . If th e
AG :ktm 6/5/78 -7-
Page 31 of 161
necessary exercise of the aforementioned reserved rights is mad e
necessary in order to accommodate a municipal government purpos e
and conflicts with any poles, wires, conduits and appurtenance s
of grantee constructed, maintained and used pursuant to the pro -
visions of the franchise granted hereby, whether previously con-
structed, maintained and used or not, grantee shall, without cos t
or expense to city after written notice from the City Administativ e
Officer, or his designated representative, and request to do so ,
begin the physical field construction of changing the location o f
all facilities or equipment so conflicting . Grantee shall procee d
promptly to complete such required work .
(b) Irrespective of any other provision of this ordinance ,
grantee's right to construct, maintain and use, or remove poles ,
wires, conduits and appurtenances thereto shall be subject at al l
times to the right of city, in the reasonable exercise of it s
police power in response to a direct and immediate threat to th e
health or safety of the public, to require the removal or relocatio n
of said poles, wires, conduits and appurtenances thereto at th e
sole cost and expense of grantee .
SECTION 11 . REPAIR COSTS .
Grantee shall pay to city on demand the cost of al l
repairs to city property made necessary by any of the operation s
of grantee under the franchise granted hereby ; provided, however ,
that grantee may make repairs to streets, sidewalks, curbs an d
gutters itself at its own cost in accordance with city specifi-
cations if the same can be done without undue inconvenience t o
the public use of the streets .
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Page 32 of 161
SECTION 12 . FORFEITURE .
This franchise is granted upon each and every conditio n
herein contained, and shall be strictly construed against grantee .
Nothing shall pass by the franchise granted hereby to grante e
unless it be granted in plain and unambiguous terms . Each o f
said conditions is a material and essential condition to th e
granting of the franchise . If grantee shall fail, neglect o r
refuse to comply with any of the conditions of the franchis e
granted hereby, and if such failure, neglect or refusal shal l
continue for more than thirty (30) days after written deman d
by the City Administrative Officer for compliance therewith, the n
city, by the City Council, in addition to all rights and remedie s
allowed by law, thereupon may terminate the right, privilege an d
franchise granted in and by this ordinance, and all the rights ,
privileges and the franchise of grantee granted hereby shal l
thereupon be at an end . Thereupon and immediately, grantee shal l
surrender all rights and privileges in and to the franchise grante d
hereby . No provision herein made for the purpose of securing th e
enforcement of the terms and conditions of the franchise grante d
hereby shall be deemed an exclusive remedy or to afford the ex-
clusive procedure for the enforcement of said terms and conditions ,
but the remedies and procedure outlined herein or provided, includin g
forfeiture, shall be deemed to be cumulative .
SECTION 13 . ACQUISITION AND VALUATION .
Nothing in this ordinance or in the franchise grante d
hereby shall be construed as in any way impairing city's right s
AG :ktm 6/5/78 -9-
Page 33 of 161
to acquire property of grantee through the exercise of city's
power of eminent domain, or through voluntary agreement betwee n
city and grantee . In the event that city chooses to exercis e
its power of eminent domain, it shall do so in accordance wit h
the procedures provided by the general law of the State o f
California for the condemnation of public utility property .
The valuation of such property for condemnation purposes shal l
be made in accordance with such general law .
SECTION 14 . UNDERGROUNDING .
(a)It is the city's intent to underground all utilitie s
as expeditiously as possible .
(b)Presently, grantee is engaged in a program of con-
verting to underground certain of its facilities in accordanc e
with Decision No . 73078 of the California Public Utilities Com-
mission . At this time, said decision requires grantee to budge t
prior to the end of each calendar year, certain sums of money fo r
said program for the next succeeding year and allocate these sum s
to undergrounding projects in the various governmental juris-
dictions throughout grantee's entire service territory on th e
basis of the number of customers in each governmental jurisdiction .
Grantee shall at all times use its best efforts to accomplish a s
much conversion in the city as may be accomplished through th e
allocation or reallocation of funds by the California Publi c
Utilities Commission pursuant to Rule 20 .
AG :kt m
rev . 7/24/78 -10-
Page 34 of 161
(c) In addition to the foregoing, grantee agrees to per-
mit city to install its conduits in grantee's trenches upon pay-
ment of city's proportionate share of trenching costs . Sai d
conduits shall include, but not be limited to, conduits fo r
street lighting, traffic signals and fire alarm systems .
SECTION 15 . HOLD HARMLESS .
Grantee of the franchise granted hereby shall indemnify ,
save and hold harmless, city and any officers and employees thereo f
against and from all damages, judgments, decrees, costs and expen-
ditures which city, or such officer or employee, may suffer, o r
which may be recovered from, or obtainable against city, or suc h
officer or employee, for, or by reason of, or growing out of o r
proximately resulting from the exercising by grantee of any or al l
of the rights or privileges granted hereby, or by reason of an y
act or acts of grantee or its servants or agents in exercisin g
the franchise granted hereby, and grantee shall defend any sui t
that may be instituted against city, or any officer or employe e
thereof, by reason of or growing out of or proximately resultin g
from the exercise by grantee of any or all of the rights or priv-
ileges granted hereby, or by reason of any act or acts of grantee ,
or its servants or agents, in exercising the franchise grante d
hereby .
SECTION 16 . EFFECTIVE DATE .
This ordinance shall become effective thirty (30) day s
after its final passage unless suspended by a referendum petitio n
filed as provided by law .
AG :ktm 6/5/78 -11-
Page 35 of 161
SECTION 17 . WRITTEN ACCEPTANCE .
The franchise granted hereby shall not become operativ e
until written acceptance thereof shall have been filed by th e
grantee with the City Clerk .
SECTION 18 . PUBLICATION AND PUBLICATION COSTS .
This ordinance, together with the ayes and noes, shal l
be published once in full, at least three (3) days prior to it s
final passage in the Telegram-Tribune, a newspaper publishe d
and circulated in said city .
The grantee of said franchise shall pay to the city a
sum of money sufficient to reimburse it for all publicatio n
expenses incurred by it in connection with the granting thereof ;
such payment to be made within thirty (30) days after the cit y
shall have furnished such grantee with a written statement o f
such expense .
INTRODUCED AND PASSED TO PRINT by the Council of the Cit y
of San Luis Obispo at a regular meeting thereof held on the 18t h
day of July , 1978, on motion of Councilman Jorgensen, seconde d
by Councilman Settle , and on the following roll call vote :
AYES : Councilmen Dunin, Jorgensen, Petterson, Settle & Mayor Schwart z
NOES : Non e
ABSENT : Non e
ATTEST :
AG :ktm 3/8/7 8
rev .6/5/78
-12-Page 36 of 161
Approved as to form :Approved as to content :
WENDT, MITCHELL, SINSHEIMER ,
de la MOTTE & LILLE Y
City Attorne y
By Allen Grimes
'C ;;Ir<31City Administrate Office r
Director of Public Service s
AG :ktm 6/5/78 -13 -
Page 37 of 161
ORDINANCE NO . 76 7
FINALLY PASSED this 1st day of August ,1978 ,
on motion of Councilman Settle seconded by
Councilman Jorgensen on the following roll call vote :
AYES : Councilmen Jorgensen, Petterson, Settle and Mayor Schwart z
NOES : Non e
ABSENT : Councilman Duni n
ATTEST :
Page 38 of 161
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208. FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
Dc-�-O 'Q-Q� "ll3
in the year 2022.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
11> of O CA . 2022.
Michael Gould, New Times Legals
/dmiv k p,a W /NiMG ALrvNMMG 06xe/BUSINESSIPNa Nen,v/0.MN Pob
Proof of Publication of
0 ORDINANCE N0.1721
(2022 Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO. CALIFORNIA,
AMENDING SECTION 13.12.040 OF THE SAN
LUIS OBISPO MUNICIPAL CODE TO ESTABLISH
A NEW UNDERGROUND UTILITY DISTRICT 16
NOTICE IS HEREBY GIVEN that the City Council of the
City of San Luis Obispo, California, at its Regular Meeting
of October 4, 2022, introduced the above titled ordinance
upon a motion by Vice Mayor Christianson, second by
Council Member Shoresman, and on the following roll
call vote:
AYES: Council Member Mara, Pease, Shoresman,
Vice Mayor Christianson, and Mayor Stewart
NOES: None
Ordinance No 1721 (2022 Sffd I: This is a City
Ordinance to amend Municipal Code Chapter 13 (Public
Services), Section 13.12.D40 (Underground Utility
District), to establish a new Underground Utility District
16 at the intersection of Prado Road and South Higuem
Street. Undergrounding facilities at this location would
help create a more resilient utility corridor, decreasing
the odds of an interruption in services from a vehicular
collision or inclement weather. Undergrounding can
also be conveniently paired with the Preto Bridge
Replacement project, providing a cost and time savings
while furthering an important Major City Goal. The Prado
Bridge Replacement project consists of removal and
replacement of the bridge over San Luis Obispo Creek
at Prado Road and widening of Prado Road and South
Higuem Street.
A full and complete copy of the aforementioned
Ordinance is available for inspection as part of the
published agenda packet for the October 18, 2022
Council Meeting, or you may call (805) 781-7100 for more
information.
NOTICE IS HEREBY GIVEN thatthe City Council ofthe City
of San Luis Obispo will consider adopting the Ordinance
at its Regular Meeting of October 18, 2022 at S:30 Pro. in
the Council Chambers at City Hall, 990 Palm Street, San
Luis Obispo. The City Council meeting will be televised
live on Charter Cable Channel 2D and live streaming on
the Citys YouTube channel hno9Noutula slo city.
Teresa Purrington
City Clerk
October 13,2022