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HomeMy WebLinkAboutStaff Report 157-08City of Palo Alto C ty Manager’s Report 7 TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: UTILITIES MARCH 10, 2008 CMR: 157:08 ADOPTION OF A RESOLUTION OF INTENT TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 45 (PALO ALTO AVENUE, ALMA STREET, HIGH STREET, LYTTON AVENUE AND CAMBRIDGE AVENUE) BY AMENDING SECTION 12.16.020 OF THE PALO ALTO MUNICIPAL CODE RECOMMENDATION Staff recommends that Council adopt the attached Resolution of Intent to establish Underground Utility District No. 45 (UUD 45)by amending Section 12.16.02, of Chapter 12.16 of Title 12; of the Palo Alto Municipal Code. BACKGROUND The Electric Utility’s undergrounding project areas are selected and recommended to AT&T and Comcast, the two other utilities participating in undergrounding projects, based on the age and maintainability of the existing overhead electric system. AT&T and Comcast determine whether the recommended areas meet their criteria for undergrounding based on guidelines established by the California Public Utilities Commission (CPUC). The attached exhibits "B" and "C" show the boundaries of UUD 45. The area now proposed as UUD 45 meets the City and CPUC guidelines for undergrounding overhead utility lines. The attached exhibit °°D" provides additional background and history on undergrounding of electric utilities. DISCUSSION UUD 45 will result in the removal of 41 poles and provide underground service to 45 properties, mostly commercial, of which a small percentage are residential properties. Completion of LrUD 45 will eliminate overhead distribution lines in an area bordered by existing underground districts and enhance reliability of the electric distribution system while improving aesthetics. CMR: 157:08 Page 1 of 3 Once the underground district is created, the Utilities Department will design and obtain bids for the installation of the underground substructure required prior to placing the electric, telephone, cable TV (CATV), fiber, street light and City communication facilities underground. After the new underground systems (cable, transformers, switches, etc.) have been installed, the property owners will connect to the new underground system, utilizing their own contractors. City crews will then remove the overhead power lines, and telephone crews will complete the project by removing the remaining telephone and CATV overhead facilities and the poles. City staff is currently in discussion with AT&T concerning the allocation of costs and responsibilities for joint trench applications. As both parties agree that joint participation on projects is mutually beneficial, these discussions should not have an impact on the timeline of the project. The discussions are on-going, but staff does not foresee a significant change in cost allocation for projects with joint trench participation from AT&T. On December 17, 2007, a letter was sent to the property owners in the proposed district introducing the project and inviting them to a meeting. During the January 31, 2008, meeting (attended by 6 property owners), staff explained the details of the project and answered questions from the property owners. A questionnaire, which was included with the letter, was used to determine the level of support for the project. Staff has received completed questionnaires from 23 property owners, 19 (77%) of whom are in favor of the project, 3 (20%) of whom are not in favor of the project, and 1 (3%) having no preference. RESOURCE IMPACT Funds for UUD 45 are included in the FY 2008-09 and 2009-10 Utilities Department Electric Capital Improvement Program budget. The only cost to the property owners will be that of replacing the overhead service drops to their buildings with underground service. It is estimated that the average cost per property owner will be approximately $1 ! ,000. Property owners will be offered the option of financing their service conversions under Section 12.16.091 of Palo Alto Municipal Code which provides for City loans to property owners to fund the service conversions. Property owners repay the loan and administrative costs, which are added to their property tax bills, over a ten-year period, at an interest rate approved by the Council. POLICY IMPLICATIONS The resolution of intent does not represent any change to existing City policy and is consistent with the Council-approved Utilities Strategic Plan to invest in utility infrastructure to deliver reliable service. TIMELINE The first step in the establishment of the district is the Council’s adoption of a Resolution of Intent to establish Underground Utility District No. 45. The Resolution defines the district boundaries and sets a time and place for a public hearing on the matter. The public hearing has been tentatively scheduled for the City Council meeting on May 5, 2008. At the public hearing, the property owners will have an opportunity to comment on the project. The adoption of the Resolution of Intent will also serve as a formal action that is required by AT&T and Comcast prior to starting engineering design. CMR: 157:08 Page 2 of 3 Action Date 1.Resolution of Intent to establish Underground District March 10, 2008* No. 45 2.Public Hearing May 5, 2008* 3.Award of construction contract and Joint Construction November 2008* Agreement with AT&T/Comcast 4.Substructure (conduits, vaults, etc.) installation by January 2009 through April Contractor 2009 5.Installation of underground facilities (cable, switches,May 2009 through July 2009 etc.) 6.Resolution determining properties electing to pay service March 2009* conversion cost over a period of 10 years 7.Service conversion work by property owners July 2009 through September 2009 8.Pole removal and project completion October 2009 through January 2010 *Denotes Council Action ENVIRONMENTAL REVIEW This project is categorically exempt from CEQA under Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground). ATTACHMENTS A: Resolution B: Underground Utility District No. 45 Boundary Map - Palo Alto Avenue, Alma Street, High Street and Lytton Avenue area C: Underground Utility District No. 45 Boundary Map - Cambridge Avenue area D: Background and History on Underground of Electric Utilities PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: JAMES BUJTOR Sr. Electric Project Engineer EMILY HARRISON Assistant City Manager CMR: 157:08 Page 3 of 3 NOT YET APPROVED ATTACHM RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OF INTENT TO ESTABLISH UNDERGROUND UTILITY DISTRICT NUMBER 45 (PALO ALTO AVENUE, ALMA STREET, HIGH STREET, LYTTON AVENUE AND CAMBRIDGE AVENUE) AMENDING SECTION 12.16.020 OF TI-IE PALO ALTO MUNICIPAL CODE The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. 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 45 of the City of Palo Alto, commonly known as Palo Alto Avenue, Alma Street, High Street, Lytton Avenue and Cambridge Avenue. SECTION 3. The description of the area comprising the District is as follows: "All of the area in the County of Santa Clara, City of Palo Alto, encompassing the areas contiguous with portions of Palo Alto Avenue, Alma Street, High Street, Lytton Avenue and Cambridge Avenue. Underground Utility District Number 45," on file in the office of the City Clerk." SECTION 4. From and after the effective date of 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 useful 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 AT&T, all poles and overhead lines and associated structures used or useful in supplying electric, communication or similar and associated services in the proposed District shall 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. 080221 syn 6050363 NOT YET APPROVED SECTION 6. NOTICE IS HEREBY GIVEN that Monday, the 5th day of May, 2008, at the hour of 7:00 p.m., in the regular meeting place of its City Council, Civic Center, Palo Alto, California, is hereby fixed as the time and place when and where the Council shall hear all protests and receive 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 structures, 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 heating, all persons interested shall be given an opportunity to be heard. The heating may be continued from time to time as determined by the Council. 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 1007 Elwell Court, Palo Alto, California, 94303, or by calling (650) 566-4506. SECTION 9. The Clerk of the City shall give notice of the public hearing by publishing notice of the public heating 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 converting 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. i6 of Title 12 of the Code. // // // // // // // // 080221 syn 6050363 2 NOT YET APPROVED SECTION 10. This project is categorically exempt from CEQA under Section 15302(d) (Conversion of overhead electric utility distribution system facilities to underground). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: Deputy City Attorney City Manager Director of Utilities 080221 syn 6050363 3 "ATTACHMENT B .~205 213 225 23~. 233 245249-251205 208 171 ~206 30130330~0~09~202 Emerson St Emerson St 202 20~~~ 180 112 116 124 132 ~ 152 15~ 170 180 ~ ~ 220 230 240 250 177 ~ ~ 312 318 324 3~ 170 ~ ~~ ~= ~ 160 165 ~ " - 5-239 247 251 163 ~ 30~ 317 323 329 120 222 2~~328 3~ ~25 ~~27 B ....~S.P.R.R. Mitchell Lone LEGEND Project Boundary APPROVED 27 Feb 2008 Jim Bujtor SR. ENGINEER / MANAGER ENGR.JB DRWN PD CHKD.JB Underground Utility District No. 45 Boundary Map Palo Alto Av, Alma St, High St & Lytton Av Area ~=. City of Palo Alto California UTILITIES, ELECTRIC ENGINEERING REV.DATE APPR.DESCRIPTION MAP#CKT# SCALE W.O.#/DRAWING# NTS SAP 40009247 SHEET 1 OF 2 LEGEND Pro.~ect Boundary 164 22 56 325 350335 Birch St 355 2290 366365 8 371 383 378-384391 g 397 I 400 411 410 417 8 420 421-429 430 431-447 438 45O 449 454-460457 ATTACHMENT C 23!3 2902307 ~2~:~ 2363 Birch St 310 320 330340 344 350 364 360 366 370 392 406-410 440 2350 375 405-409 415 433-447 414 442-444 452 454 456460 490 463 I 47O 476 ~e~ro i.r/.-478 2209 2225 a 480 2215 2233a 2265 223.L~85 ..,‘ 4495 2~25-: 4 4 APPROVED 27 Feb 2008 tot JB PD JB Underground Utility District No. Boundary Map ge Avenue Area CaliforniaUTILITIES, ELECTRIC ENGINEERING DESCRIPTION W.O.#/DRAWING # ATTACHMENT D BACKGROUND AND HISTORY ON UNDERGROUNDING OF ELECTRIC UTILITIES BACKGROUND History of Undergrounding The City of Palo Alto began a program to underground overhead electric, telephone, and cable TV facilities in 1965 with a project along Oregon Expressway. Since that time 42 Underground Districts have been formed. The main reasons for starting the undergrounding program in Palo Alto were to improve the aesthetics of the neighborhoods and to improve service reliability by reducing the impacts of weather on the electric distribution system. To establish the undergrounding program, the city amended the Municipal Code adding Chapter 12.16 titled Underground Utilities. All new development after 1965 was required to have underground facilities. This requirement resulted in the undergrounding of electric facilities for most of the commercia! areas outside of the older commercial developments in the University Avenue and California Avenue districts. Types of Underground Districts Rules for establishing an underground district in the City are covered by Utility Rule and Regulation 17. This rule establishes three types of underground districts: General Public Benefit, Primarily of Local Public Benefit, and areas that do not qualify under the preceding types. General Public Benefit projects are established by the City and the City pays for the installation of the electric system in the public right- of-way (ROW) and the residents pay for conversion of the facilities on their property. In the remaining two conversion area types, the residents must request the underground district and fund the service conversion on their property as well as a portion of the utility costs in the public ROW. Most of the projects completed have been established under the General Public Benefit provision. Jobtt Construction on Utilities Poles The poles within the City of Palo Alto are jointly owned with AT&T or in some cases jointly owned with AT&T and PG&E. Comcast leases space on the poles from AT&T for the attachment of cable TV cables. Due to the joint ownership of the poles, underground districts require agreement by the other joint owners. Once agreement on the Underground District boundaries has been reached, the conduits and structures are jointly constructed. Joint construction is used to reduce costs and coordinate the construction to minimize impacts on the neighborhoods. Agreement on Underground District boundaries by AT&T is subject to AT&T’s ability to recover its costs pursuant to California Public Utilities Commission’s (CPUC) Schedule A2 Rule 32 on undergrounding which specifies the criteria for different levels of financial participation by AT&T. The applicable section of Rule 32 is critical to the financial viability of the underground project. If a project qualifies under section A.1 of Rule 32, the project has been found to have General Public Benefits, and AT&T and Comcast fund all the their improvements in the public right-of-way. If it is determined that Rule 32A.2 or 32A.3 are applicable to the project, the cost responsibility for the Cable TV and Telephone conduits and other structures shifts either to the City or to the residents. In the past, once AT&T had determined that the proposed area did not qualify under Rule 32A. 1 the City has cancelled the underground project because of the increased costs to the Electric Utility and moved forward on undergrounding projects in areas where the telephone company would participate. Currently there are only a few small areas where the telephone company will participate. To facilitate the coordination between the parties in an Underground District, a master agreement has been signed by the City, AT&T, and Cable TV. This master agreement is amended each time an underground district is formed to include the new Underground District. Funding for Underground Districts General Benefit Undergrounding was funded at approximately 2% of annual electric revenues. Beginning in 1998, funding was reduced to 1% per year due to the need to shift electric resources to rebuilding aging infrastructure. The current funding which has been recently returned to 2% of annual electric revenues converts, on average, electric facilities for approximately 150 to 200 homes per year. The reduction in funding to 1% of revenues for underground districts was initiated about 10 years ago to "free up" revenues and resources to focus on replacing underground facilities reaching the end of their useful lives. Cables installed in the sixties and seventies had an expected cable life of 30 years. In the late nineties a significant portion of the city’s underground system had exceeded its expected life and failures were beginning to occur at an increasing rate. To reduce the rate of failure, an accelerated infrastructure program was initiated to replace the cables that had exceeded their life expectancies. Because of staffing constraints the underground program was temporarily scaled back. Costs that AT&T can recover from its rate payers for funding General Public Benefit Undergrounding under Rule 32A.1 are limited. The restrictions on AT&T’s funding limit the City’s ability to accelerate the undergrounding program beyond 2% of revenues while still receiving the full rule 32A.1 level of participation from AT&T. In addition the cost of the required service conversions on private property is borne by the individual owners in accordance with Utility Rule and Regulation No.17. This cost can range from $5,000 to $8,000. In order to reduce the burden of the service conversion cost to property owners in underground districts the property owners are offered the option of financing their service conversion costs over a period of ten years with interest in accordance with the procedure given in Section 12.16.090 through 12.16.096 of the Palo Alto Municipal Code. The CMR that accompanies this document seeks approval of a resolution listing property owners electing to participate in the service conversion financing offered by the City. Budgeting Funding for the Underground Districts is approved by the City Council during the annual budget process. In addition to the current fiscal year’s funding, staff also provides four additional years of projected funding for proposed undergrounding projects. These future projects are not approved for construction until the budget for these projects is approved each fiscal year. Each year staff reevaluates the future year recormnendations and proposes changes based on additional information acquired since the last budget cycle including AT&T’s participation in covering project costs. Selecting Underground Districts Proposed undergrounding districts are determined by applying the priorities in Rule !7 and negotiations with AT&T as joint pole owners. In addition, Comcast, which leases pole space from AT&T, must also fund part of the underground costs to move their facilities. The City Electric Utility takes the lead in proposing boundaries for an underground project. AT&T’s agreement is driven by its ability to recover costs under rules that differ from Utility Rule and Regulation No. 7. Recently the City was advised by AT&T that the proposed underground district planned for FY 2007-08 did not qualify under section A.1 of Rule 32, and that AT&T would be unable to fund all the improvements in the public right-of-way, resulting in the cost responsibility for the telephone substructure shiffing to the City or the residents within the proposed districts. To give a perspective on this impact, the present cost to the City for undergrounding is about $15,000 per home. This does not include the additional cost for each homeowner of about $5,000 for their service conversion. If the City continues undergrounding without AT&T and Comcast reimbursements, the cost to the City per home increases to approximately $20,000, an increase of 33%. Future of Program The overhead lines for approximately 14,! 00 homes remain to be undergrounded and the current program undergrounds facilities for approximately 200 homes per year. If the City were to proceed with the program without AT&T and Comcast reimbursements at the present funding rate of 2% of annua! electric revenues, it is expected to take approximately 100 years more to complete the undergrounding of the entire city at a cost of $296,100,000. This is based on the current value of the dollar. Under the current program the electric rate payers would be responsible for funding approximately $225,600,000 and the property owners would be responsible for funding about $70,500,000 of total cost. In light of the recent position taken by AT&T to suspend participation in undergrounding of utilities where AT&T is not able to recover costs from its ratepayers, staff is reviewing with AT&T and Comcast potential undergrounding project areas in the City. If an agreement is reached with AT&T on additional areas for undergrounding of utilities, then staff will obtain Council approval for undergrounding of such areas to continue the undergrounding program.