HomeMy WebLinkAboutReso 1992-16544 RESOLUTION NO. 16544
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE DEFERRAL OF THE REQUIREMENT TO
UNDERGROUND 12KV ELECTRICAL LINES ALONG NORTH FIFTH
AVENUE (HAZARD) AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE REQUIRED AGREEMENT ON BEHALF OF THE CITY
WHEREAS, R. E. Hazard Contracting Company has requested that the City grant
a deferral of the undergrounding requirements imposed as part of the development
of its property along North Fifth Avenue; and,
WHEREAS, Section 15.32.130 of the Municipal Code states that all deferrals
of undergrounding must be considered by Council at a public hearing and that the
owner must enter into an agreement with the City.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
find, determine, resolve and order as follows:
SECTION 1. That extraordinary conditions exist to the extent that
enforcement of Section 15.32.070 would result in an
unnecessary hardship to the owner by virtue of the
following facts:
Enforcement of the requirement to convert the overhead
12kv lines would add substantial cost to the project and
the benefit received would be very limited since the
poles and 6gkv lines would remain.
SECTION 2. That a deferral of the duty to underground the utility
services will not come under the circumstances of this
particular case, be detrimental to the health, safety or
general welfare of the neighborhood by virtue of the
following facts:
Inasmuch as the overhead lines are currently in place
and the project is relocating the poles because the 6gkv
lines are not required to be undergrounded allowing the
12kv lines to reamin will not be detrimental to the
general welfare of the neighborhood.
SECTION 3. The City Manager or his designee is hereby authorized to
negotiate an agreement permitting Hazard to defer the
undergrounding pursuant to the provisions of Section
15.32.130 which agreement shall include, but shall not
be limited to, provisions that require (1) Hazard to not
protest the establishment of an undergrounding district
touching and concerning the parcel of property currently
owned by Hazard at the northeast corner of North Fifth
Resolution No. 16544
Page 2
Avenue and C Street, Chula Vista; and (2) that the
agreement shall be binding upon the heirs, successors
and assigns of the owners of such land and that such
agreement shall be recorded.
SECTION 4. On the condition that City Manager and Hazard are able
to reach an agreement as to the terms and conditions for
the deferral, the City Manager is hereby authorized to
execute said agreement, known as document number C092-
044, a copy of which is on file in the office of the
City Clerk, on behalf of the City without further review
and approval by the City Council.
SECTION 5. That, effective upon the recording of said agreement, if
same is duly negotiated, executed and recorded, the City
Council does hereby approve and authorize the deferral
of the requirement of undergrounding the utilities at
the above referenced parcel.
Presented by Appr ld as to for
Resolution No. 16544
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 17th day of March, 1992, by the following vote:
YES: Councilmembers: Grasser Horton, Malcolm, Moore,
Rindone, Nader
NOES: Councilmember: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim I~der, Mayor
ATTEST:
Be~e~l~}.'Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16544 was duly passed, approved,
and adopted by the City Council held on the 17th day of March, 1992.
Executed this 17th day of March, 1992.
Beverly AZAuthelet, City Clerk