HomeMy WebLinkAbout22017 - RESOLUTIONS - 7/25/2007 RESOLUTION NO, 22017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
' PALM SPRINGS, CALIFORNIA, CONDITIONALLY
APPROVING AN ENCROACHMENT LICENSE ISSUED TO
DILLON WIND PROJECT, LLC, AN OREGON LIMITED
LIABILITY COMPANY, FOR INSTALLATION OF
APPROXIMATELY 3,700 LINEAR FEET OF 34.5 KV
UNDERGROUND DIRECT BURIAL HIGH VOLTAGE
CONDUCTORS WITHIN THE PUBLIC RIGHT-OF-WAY OF
DIABLO ROAD, DILLON ROAD, AND MELISSA LANE,
LOCATED IN SECTION 9, T3S, RSE. A5531.
WHEREAS, the Planning Commission, at its meeting of May 23, 2007, approved
Conditional Use Permit, Case No. 5.1115 CUP, and a related Variance, Case No. 6.493
VAR, to construct five 1-megawatt wind energy conversion systems (WECS) on the
property identified by Assessor's Parcel Number (APN) 668-400-007, with associated
access road and other improvements located on APN 668-280-005 and 666-320-021;
and
WHEREAS, the City Council, at its meeting of July 25, 2007, after considering
written and public testimony related to appeals filed with the City Clerk to overrule the
Planning Commission's approval of Case No. 5.1115 CUP, and 6.493 VAR, rejected the
appeals and upheld the Planning Commission's approval; and
' WHEREAS, Dillon Wind Project LLC, an Oregon Limited Liability Company, has
requested issuance of an Encroachment Permit for installation of approximately 3,700
linear feet of underground 34.5 kV direct burial high voltage conductors within public
right-of-way of Diablo Road, Dillon Road, and Melissa Lane, located in Section 9,
Township 3 South, Range 5 East; and
WHEREAS, Chapter 14.16.040 of the Palm Springs Municipal Code requires
issuance of an Encroachment Permit for any encroachment within the City's public right-
of-way; and
WHEREAS, Chapter 14.16.470 of the Palm Springs Municipal Code requires that
the City Council consider any proposal or application by any person not already having
a franchise or other effective permission to place utilities facilities or equipment within
public streets or rights-of-way of the City, and to approve the issuance of a license or
special permit to install such utilities facilities or equipment.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby conditionally approves Agreement No. A5531, an
' Encroachment License issued to Dillon Wind Project, LLC, an Oregon Limited Liability
Company, for installation of approximately 3,700 linear feet of 34,5 kV underground
Resolution No. 22017
Page 2
direct burial high voltage conductors within public right-of-way of Diablo Road Dillon
9 9 p 9 Y ,
Road, and Melissa Lane, located in Section 9, Township 3 South, Range 5 East.
Section 2. Execution of the Encroachment Agreement No. A5531 shall be withheld
by the City Manager, pending resolution of the following items to the City Manager's
satisfaction:
1. City Attorney review and approval of the Encroachment License;
2. Applicant's final determination of the alignment for its encroachment;
3. City Engineer review and approval of legal descriptions and exhibits associated with
the Encroachment License;
4. Evidence of applicant's membership in USA/Dig Alert for the purposes of the
proposed Encroachment License;
5. Approval by the California Public Utilities Commission, pursuant to California Public
Utilities Code 851, authorizing Southern California Edison (SCE) to lease SCE
property to the applicant for installation and operation of applicant's private high-
voltage underground electrical system within right-of-way for existing SCE
transmission lines; and
6. Submittal to, and approval by the City, of all certificates of insurance and
endorsements, including additional insured endorsements, effecting all of the
insurance coverage required by the Encroachment License.
' No encroachment shall occur until the items identified herein this Section 2 are resolved
to the City Manager's satisfaction, and Agreement No. A5531 is fully executed and
recorded as herein required.
Section 3. The City Council's conditional approval of Agreement No. A5531 shall be
valid for a term of six (6) months, extending until January 25, 2008, at which time the
conditional approval of Agreement No. A5531, and the Encroachment License herein
granted, shall be automatically rescinded and deemed denied in the event the items
identified herein above in Section 2 are not resolved to the City's satisfaction, Any
extension of time of the City Council's conditional approval of Agreement No. A5531, to
resolve the items identified herein above in Section 2 shall require the City Council's
approval prior to January 25, 2008.
ADOPTED THIS 25T" DAY OF JULY, 2007.
David H. Ready, City Mer
ATTEST:
' a es Thompson, City Clerk
Resolution No. 22017
Page 3
CERTIFICATION
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22017 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 25, 2007, by the
following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tem Pougnet and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
J ,
aches Thompson, City Clerk
ity of Palm Springs, California
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