HomeMy WebLinkAbout1998-01-26 City Council (12)City of Palo Alto
City Manager’s Report
TO:
FROM:
AGENDA DATE:
HONORABLE CITY COUNCIL
CITY MANAGER
JANUARY 26, 1998
DEPARTMENT: UTILITIES
CMR:120:98
5
SUBJECT:PUBLIC HEARING AND ADOPTION OF ORDINANCE
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.
38 (HIGH STREET, COWPER AVENUE, OREGON
EXPRESSWAY, COLORADO AVENUE)
REPORT IN BRIEF
This report requests that Council adopt an ordinance establishing Underground Utility
District No. 38 in the area bounded by High Street, Cowper Avenue, Oregon Expressway and
Colorado Avenue. This project is part of the City’s ongoing conversion of overhead facilities
to underground. In this project the overhead electric, telephone, and CATV systems,
consisting of overhead wires and equipment on 71 poles and providing service to 192
residential properties, will be replaced with underground facilities. The anticipated
completion date for this project is December 2000. Design funding for this project is in the
approved 1997/98 Capital Improvement Program (CIP) project. 9804 tiffed
"Oregon!Colorado/Cowper Underground Conversion District No.38".
RECOMMENDATION
Staff recommends that Council adopt the attached Ordinance to create Underground Utility
District No. 38 and thereby amend section 12.16.02 of Chapter 12.16 of Title 12 of the Palo
Alto Municipal Code.
BACKGROUND
At its meeting of October 27, 1997, the Council passed Resolution of Intent No. 7717 to
establish Underground Utility District No. 38. The Council meeting of January 26, 1998, has
CMR:120:98 Page 1 of 4
been set as the date of the Public Hearing on the matter. Notices announcing the meeting
with a description of the project and a copy of the Resolution were mailed to all property
owners in the proposed district on December 5, 1997.
The Electric Utility’s undergrounding project areas are selected and recommended to Pacific
Bell and Cable Co-op based on the age and maintainability of the existing overhead electric
system. Pacific Bell and Cable Co-op determine whether the recommended area meets their
criteria for undergrounding, based on the guidelines established by the California Public
Utility Commission (CPUC). The attached Exhibit 1 shows the existing, current and future
underground districts. Underground District No. 38 meets the City’s, Pacific Bell’s and
Cable Coop’s guidelines for undergrounding overhead utility lines.
DISCUSSION
This underground project will result in the removal of 71 poles and will provide
underground service to 192 residential properties. The majority of the poles in the area are
along rear lot easements with limited access. Completion of this project will result in higher
reliability, increased safety due to elimination of poles in the rear of the properties, and
improved aesthetics.
If an underground district is created, the Utilities Department will prepare plans and
specifications and obtain bids for installation of the underground substructure (conduits,
vaults, pads and boxes) as a joint construction project. Upon completion of substructure
installation, the Utility will install distribution cables, transformers and switches. After the
new underground systems (cable, transformers, switches, etc.) have been tested and
energized, the property owners will be notified that they have 60 days to connect to the new
underground system, utilizing their own contractors. As soon as the new connections are
completed, Utility crews will then remove the overhead power lines, and telephone crews
will complete the project by removing the remaining telephone and cable television (CATV)
overhead facilities and poles.
RESOURCE IMPACT
The total cost of the proposed project is estimated at $2,790,000, of which an estimated
$650,000 will be for the installation of telephone and CATV conduit and boxes. The City
will be reimbursed by Pacific Bell and Cable Co-op for its expenditure in accordance with
an agreement between these parties. For Fiscal Year 1997-1998, $90,000 has been designated
for planning and engineering of this project and is budgeted in the 1997-1998 Electric Fund
Capital Improvement Program.
CMR: 120:98 Page 2 of 4
The cost of the required service conversions on private property is to be borne by the
individual owners in accordance with Utility Rule and Regulation No. 18. The total cost for
the property owners requiring service conversions from overhead to underground has been
estimated at $575,000. The property owners have been offered the option of financing their
service conversion costs over a period of ten years in accordance with the procedure in
Sections 12.16.090 through 12.16.096 of Palo Alto Municipal Code.
POLICY IMPLICATIONS
This project is consistent with existing City policies.
TIMELINE
Once the public hearing is completed and if Council decides to proceed with the project, the
following schedule is proposed:
Action
1.Introduction and first reading of
Ordinance Establishing Project Area
as Underground Utility District No. 38
Date
January 26, 1998"
Second reading and adoption of
Ordinance
February 9, 1998"
o Award of construction contract and
joint construction agreement with
Pacific Bell/Cable Co-op
July 1999"
o
Substructure (conduits, vaults etc.)
installation by contractor
Resolution determining properties
electing to pay service conversion
cost over a period of 10 years
July 1999 through
November 1999
December 1999"
°
Installation of underground
facilities (cables, switches etc.)
Service conversion work by
property owners
January 2000
through April 2000
May 2000 through
August 2000
CMR:120:98 Page 3 of 4
o Pole removal and project
completion
Denotes Council Action
September 2000
through December
2000
ENVIRONMENTAL ASSESSMENT
This project is found to be categorically exempt from the California Environmental Quality
Act and does not require an environmental assessment.
ATTACHMENTS
A:
B:
C:
Ordinance
Resolution
Underground Utility District No. 38 Boundary Map
Exhibit 1: Underground Conversion Projects
Prepared by: Gopal Ji~gannath, Patrick Valath, and Tomm Marshall
DEPARTMENT HEAD REVIEW:
E~)WARD~. MRIZEK
Director of Utilities
CITY MANAGER APPROVAL:
EMI, L-k.~H)kRRIS ON -
Assistant City Manager
CMR: 120:98 Page 4 of 4
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 12.16.020 OF CHAPTER 12.16OF
TITLE 12 OF THE PALO ALTO MUNICIPAL CODEBY
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.38
WHEREAS, this Council, on October 27, 1997, adopted
Resolution No. 7717, declaring its intention to amend Section
12.16.020 of Chapter 12.16 of Title 12 of the Palo Alto Municipal
Code by establishing Underground Utility District No. 38 in the
City and by such Resolution appointed Monday, January 26, 1998, at
the hour of 7:00 o’clock p.m., in the Council Chambers, City Hall,
at 250 Hamilton Avenue, Palo Alto, California, as the time and
place of hearing protests and receiving evidence for and against
the proposed action and notice of direction; and
WHEREAS, notice was given of the time and place therein
stated in the manner provided by law, as appears from.the affida~
vits on file in the.office of the City Clerk; and
WHEREAS, said matter came on regularly for~hearing at the
time therein fixed; and
WHEREAS, all written protests and other written communica-
tions were publicly read at said meeting and evidence duly taken
and all persons desiring to be heard were fully heard;
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION I. The public necessity, health and safety require
the removal of poles and overhead lines and associated overhead
structures from that certain area described in Resolution No. 7717.
SECTION 2. Section 12.16.020 of Chapter 12.16 of Title 12
of the Palo Alto Municipal Code is hereby amended by adding
Subsection (38) thereto to read as follows:
"(38) District No. 38. All of the area in the
County of Santa Clara, City of Palo Alto,
encompassing the areas contiguous with portions of
High Street and Cowper Street, and Oregon
Expressway and Colorado Avenue, all as more
particularly described on that certain map
entitled "High/Cowper/Oregon and Colorado Avenue
Underground Utility District Number 38," on file
in the office of the City Clerk."
SECTION 3 The "Underground Utility District Maps"
referred to in Section ~12.16.020 shall be amended to add to the
areas shown on the map those referred to in Resolution No. 7717.
980111 syn 0071347
SECTION 4. The City Council hereby finds that the adoption
of this ordinance is categorically exempt from the California
Environmental Quality Act.
SECTION 5. This ordinance shall become effective upon the
expiration of thirty (30) days from its passage.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS~:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM City Manager
Senior Asst. City Attorney Director of Utilities
Acting Director of
Administrative Services
980111 syn 0071347
2
RESOLUTION NO.7717 "-,
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
DECLARING ITS INTENTION TO 7~4EN’D SECTION 12.16.020
OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO
~KINICIPAL CODE BY ESTABLISHING UNDERGROUI~-D UTILITY
DISTRICT NU~gER 38.
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION I. In its opinion, the public necessity, health
and safety require, and it is the intention of the Council,
pursuant to Section 12.16.040 of Chapter 12.16 of Title 12 of the
Palo Alto Municipal Code ("Code"), to amend Section 12.16.020 of
Chapter 12.16 of the Code, by ordering the establishment of an
Underground Utility District ("District") and to prohibit the
construction in and require the removal from the proposed District
of all poles and overhead lines and associated overhead structures
used or useful in supplying electric, communication or similar and
associated services.
SECTION 2. The number of the proposed District is
Underground Utility District Number 38 of the City of Palo Alto,
commonly known as High/Cowper/Oregon and Colorado Avenue.
SECTION 3. The description of the area comprisinN the
District is as follows:
A!l of the area in the County of Santa Clara, City of Palo
Alto, encompassing the areas contiguous With portions of High
Street and Cowper Street, and Oregon Expressway and Colorado
Avenue, all as more particularly described on that certain map
entitled "High/Cowper/Oregon and Colorado Avenue Underground
Utility District Number 38," on file in the office of the City
Clerk.
SECTION 4~ From and after the effective date ~f the
establishment of the proposed District, no person or utility shall
erect or construct within the District any pole, overhead lines or
associated overhead structure used or usefu! in supplying electric,
communication or similar associated services.
SECTION 5. Within ninety (90) days from the date of the
completion and acceptance of the proposed underground facilities
within the District to be constructed by the City of Palo Alto and
the Pacific Bell Company, all poles and overhead lines and
associated structures used or useful in supplying electric,
communication.or similar and associated services in the proposed
District shal! be removed, and from and after the date no person or
utility shall use or maintain such facilities within the proposed
District. Additional notice shall be given after the completion
date has been precisely determined.
SECTION 6. NOTICE IS HEREBY GIVEN that Monday, the 26th
day of January, 1998, at the hour of 7:00 p.m., in the regular
meeting place of is City Counci!, Civic Center, Palo Alto,
California, is hereby fixed as the time and place when and where
the Council shal_ .hear all protests and recelve evidence for and
against the action herein proposed, and when and where the Council
shall consider and finally determine whether the public necessity,
health and safety require the establishment of the District and the
removal of poles, overhead wires, and associated overhead struc-
tures, and the underground installation of wires and facilities for
supplying electric, communication and similar or associated
services in the District hereinabove described.
SECTION 7. At the public hearing, all persons interested
shal! be given an opportunity to be heard. The hearing may be
continued from time to time as determined by the Counci!.
SECTION 8. The Electrical Engineering Manager, Department
of Utilities, City of Palo Alto, is hereby designated as the person
to answer inquiries regarding the protest proceedings, to be had
herein and may be contacted during regular office hours at Palo
Alto Civic Center, 250 Hamilton Avenue, Palo Alto, California,
94301, or by call-ing (650) 329-2365.
SECTION 9. The Clerk of the City shall give notice of the
public hearing by publishing notice of the public hearing and the
director of utilities shall mail copies of this resolution to all
property owners within the proposed District as shown on the last
equalized tax roll of the City, and to all utilities supplying
electric, communication or similar or associated services within
the proposed District, the mailing to be completed at least thirty
(30) days prior to the date of the public hearing. The Clerk is
authorized to include in the notice to be mailed a statement to the
effect that any affected property owner has the option of paying
the cost of convertin~ his or her or their service connection to
underground locations over a period of years. Such notice shall
conform to Section 12.16.092 of Chapter 12.16 of Title 12 of the
Code.
INTRODUCED AND PASSED: OCTOBER 27, 1997
AYES:ANDERSEN, EAKINS, FAZZINO, HUBER, KNISS, ROSENBA~I, SCHNEIDER, WHEELER
NOES:
ABSENT :MCC0~N
ABSTENTIONS
ATTEST~ ~¢i’
City Co! erk
Directo ~f Uti
APPROVED AS TO FORM:
Senzor Asst. eity Attorney
C’l~iy Manager /
Administrative Services
971015 syn 007129S 2
2494 522
512
S00
ALbIA
~P~PDTED 23 OCT 1097
TOMM MARSHALL
=NC-R, f’vl,a,N A, ~ E,q
PDD
UNDERGROUND DISTRICT NO.
BOUNDARY MAP
CITY OF PALO ALTO
CALIFORNIA
II
32.~ LE
i" "300’21378 38-BM-S-001
EXIIII3IT " t "
UNDERGROU ION PROJEOT