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HomeMy WebLinkAboutStaff Report 220-08City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:MAY 5, 2008 CMR: 220:08 SUBJECT:ADOPTION OF AN ORDINANCE AMENDING SECTION 12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 45 (PALO ALTO AVENUE, ALMA STREET, HIGH STREET, LYTTON AVENUE AND CAMBRIDGE AVENUE) RECOMMENDATION Staff recommends that Council adopt the attached Ordinance to create Underground Utility District No. 45 (UUD 45) and thereby amend Section ! 2.16.020 of Chapter 12.! 6 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 based on the age and ability to maintain the existing overhead electric system. AT&T and Comcast determine whether the recommended area meets the criteria for undergrounding based on the guidelines established by the California Public Utilities Commission (CPUC). UUD 45 meets the City’s and CPUC’s guidelines for undergrounding overhead utility lines. The attached Exhibits "B" and "C" show the boundaries of UUD 45. The attached Exhibit "D" provides additional background and history on undergrounding of electric utilities. Cost-sharing of underground utility district projects has been determined by agreement between the City, AT&T, and Comcast. The cost for joint trench bid items is determined using a space/cost allocation formula, which divides the minimum trench area required for each trench occupant individually by the sum of the minimum trench areas for all occupants. At the March 10, 2008 meeting, Council passed Resolution of Intent No. 8802 to establish UUD 45. The May 5, 2008 Council meeting has 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 April 4, 2008. CMR: 220:08 Page 1 of 3 DISCUSSION This underground project will result in the removal of 45 poles and provision of underground service to 45 properties, of which a small percentage are residential properties. Completion of this project will eliminate overhead distribution lines in an area bordered by existing underground districts and will enhance reliability of the electric distribution system while improving aesthetics. If an underground district is created, the Utilities Department will prepare plans and specifications and obtain bids for installation of the underground substructure. Underground substructure construction consists of the installation of conduits, vaults, concrete pads and boxes. The Utilities Department will install the electric distribution cables, transformers and switches upon completion of the substructure installation. After the new underground system (cable, transformers, switches, etc.) has been tested and energized, the property owners will be notified that they have 60 days to connect to the new underground system. Upon completion of the new connections, utility crews will remove the overhead power lines, and telephone crews will complete the project by removing the remaining telephone and cable television facilities and poles. TIMELINE Upon Council approval and completion of the public hearing, the following will occur as proposed: May 5, 2008* Introduction and first reading of Ordinance Establishing Project Area as Underground Utility District No. 45 May19,2008*Second reading and adoption of Ordinance. November2008*Award of construction contract and Joint Construction Agreement with AT&T/Comcast. January 2009 Substructure (conduits, vaults, etc.) installation by Contractor March 2009*Resolution determining properties electing to pay service conversion cost over a period of 10 years May 2009 through July 2009 Installation of underground facilities (cable, switches, etc.) July 2009 through Sept 2009 Service conversion work by property owners October 2009 Pole removal and project completion through Jan 2010 * Denotes CouncilAction CMR: 220:08 Page 2 of 3 RESOURCE IMPACT The total cost of the project is estimated at $2,350,000. The majority of the cost will be for the substructure installation of underground facilities ($1,450,000). The remaining funds will be utilized for engineering ($100,000), electric equipment & cables ($680,000), and removal of overhead facilities ($120,000). AT&T and Comcast will reimburse approximately $700,000 to the City for the installation of telephone and cable television conduits and boxes in accordance with an agreement with the three parties. Construction and installation costs of this project have been budgeted in the FY 2008-09 and 2009-10 Utilities Department Electric Capital Improvement Program budget. 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.17. The total cost for the property owners requiring service conversions from overhead to underground has been estimated at $200,000. The property owners have been 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 This recommendation is consistent with the Council-approved Utilities Strategic Plan to invest in utility infrastructure to deliver reliable service. The project furthers Program L-80 (the continuation of Citywide undergrounding of utility wires) and L-81 (the use of compact and well-designed utility elements) of the Comprehensive Plan. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act under California PuNic Resources Code Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground). ATTACHMENTS A: Ordinance 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 BU3TOR Sr. Electric Project En /~ .1/, VALEI~IE FO~G D~rector of ~ies STEVE EMSLIE~LLY MO~U Deputy City Managers CMR: 220:08 Page 3 of 3 NOT YET APPROVED ATTACHMENT A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING S ECTION 12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 45 follows: The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as (a) This Council, on March 10, 2008, adopted Resolution No. 8802, declaring its intenti on to amend Section 12.16.020 of Chapter 12.16 of Title 12 of the Palo Alto Municipa! Code by establishing Underground Utility District No. 45 in the City and by such Resolution appointed Monday, May 5, 2008, at the hour of 7:00 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. (b) Notice was given of the time and place therein stated in the manner provided by law, as appears from the affidavits on file in the office of the City Clerk. (c)This matter came on regularly for hearing at the time therein fixed. (d) Al! written protests and other written communications were publicly read at this meeting and evidence duly taken and all persons desiring to be heard were fully heard. (e) 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. 8802. 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 (41) thereto to read as follows: "(45) District No. 45. 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 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. 8802. SECTION 4. The City Council hereby finds that the adoption of this ordinance constitutes the approval of a project that is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Public Resources Code § 15302(d) (Conversion of Overhead Electric Utility Distribution System Facilities to Underground). 080415 syn 6050429 SECTION 5. days from its passage. INTRODUCED: PASSED: AYES: NOES: AB STENTtONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney NOT YET APPROVED This ordinance shall become effective upon the expiration of thirty (30) Mayor APPROVED: City Manager Director of Utilities 080415 syn 6050429 ATTACH MENT B LEGEND Project Boundary APPROVED, 27 Feb 2008 Jim Bujtor SR. ENGINEER / MANAGER ENGR.JB DRWN PD CHKDI Jg Underground Utility District No. 45 REV. Boundary Map Palo Alto Av, Alma St, High St & Lytton Av Area City of Palo Alto MAP ~ B#California UTILITIES, ELECTRIC ENGINEERING DATE APPR.DESCRIPTION CKT # ~ SCALE W.O.# / DRAWING # SAP 40009247NTS SHEET 1 OF ~ LEGEND Pro.iect 8OUndary ATTACHMENT ; 3351 ! ....... ,:;[ Birch St _~ "= ~’ " 383 391, 310 2350 320 375 330340 344 350 .[ 364 360 366 tot J8 PD J8 Underground Utility District No. 45 Boundary Map 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 commercial 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. Joint 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.I 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 fisc!l year’s funding, staff also provides four additional years of projected funding for proposed undergrounding projects. These future projects are not approved for construction unti! the budget for these projects is approved each fiscal year. Each year staffreevaluates the future year recommendations 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 17 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 shifting 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 14,100 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 annual 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.