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Home My WebLink About2004-10-25 City Council (8)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:OCTOBER 25, 2004 CMR:443:04 SUBJECT:RESOLUTION OF INTENT TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 44 - 2500 BLOCK OF EMBARCADERO (HARBOR) ROAD IN BYXBEE PARK AND CITY-OWNED BAYLANDS RECOMMENDATION Staff recommends that Council adopt the attached Resolution of Intent to amend Section 12.16.02, of Chapter 12.16 of Title 12 of the Palo Alto Municipal Code by establishing Underground Utility District No. 44. BACKGROUND The Electric Utility’s undergrounding project areas are selected and reconm3ended to SBC and Comcast based on the age and maintainability of the existing overhead electric system. SBC and Comcast determine whether the reconmaended area meets their criteria for undergrounding based on guidelines established by the California Public Utility Conm3ission (CPUC). The attached exhibit "A" .shows the existing, cm-rent, and furore underground districts. The area now proposed as Underground Utility District No. 44 lneets the City and CPUC guidelines for undergrounding overhead utility lines. DISCUSSION This underground project will result in the removal of 9 poles and provide underground service to Baylands Ranger Station, the Lucy Evans Baylands Nature Interpretive Center and the Duck Pond area. Completion of this project will eliminate overhead distribution lines in an area bordered by existing underground systems and enhance reliability of the electric distribution systel:n while improving aesthetics. This project was first budgeted in 2003, as a system improvement project because of the proposed ilnprovements at the Lucy Evans Baylands Nature Interpretive Center Parking lot, the improvement of Embarcadero Road between the entrance to the Duck Pond area and the Baylands Nature Center to acconm~odate on-road bicycle lanes. To avoid construction conflicts with the proposed improvements in the area, Utilities completed CMR:443:04 Page 1 of 3 the substructure installations and is in the process of installing the cable and equipmem for the new electric underground system. In order for the telephone lines and cable TV lines to be undergrounded, it a CPUC requirement that an underground district be established. Adopting the Resolution of Intent will begin the first step in establishing the uladerground district. RESOURCE IMPACT Fmads for this project are included Department Electric CIP budget. in the FY 2003/04 and FY2004/05 Utilities POLICY IMPLICATIONS The undergrounding of the overhead lines does not represent any changes to existing City policy and is consistent with the Council-approved Utilities Strategic Plan to invest in utility infrastructure to deliver reliable fiervice. TIMELINE The first step in the establislmaent of the district is Council adoption of a Resolution of Intent to establish Underground Utility District No. 44. 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 November 29, 2004. At the public hearing, anyone interested in this project will have an opportunity to conmaent on the project. The adoption of the Resolution of Intent will also serve as a formal action that is required by SBC and Comcast. ENVIRONMENTAL REVIEW This proj ect is categorically exempt from CEQA under Section 15302. ATTACHMENTS A: Resolution B: Underground Conversion Projects C: Underground Utility District No. 44 Boundary Map PREPARED BY:Patrick Valath CMR:443:04 Page 2 of 3 DEPARTMENT HEAD: CITY MANAGER APPROVAL: Assistant City Manager CMR:443:04 Page 3 of 3 **NOT YET APPROVED** RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO 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 NUMBER 44 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 44 of the City of Palo Alto, commonly known as 2500 block of Embarcadero Road and City owned Baylands. 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 2500 block of Embarcadero Road and City owned Baylands. Underground Utility Dis- trict Number 44," 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 Pacific Bell Company doing business as SBC California, all poles and overhead lines and associated structures used or useful in supplying electric, communication or similar and associated 041022 cl 0072353 e NOT YET APPROVED 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. SECTION 6. NOTICE IS HEREBY GIVEN that Honday, the 6th day of December, 2004, at the hourof 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 hearing, all persons interested shall be given an opportunity to be heard. The hearing 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, 943@3, or by calling (650) 566-4506. // // // // // // // // // // 041022 cl 0072353 YET APPROVED SECTION 9. The Cierk 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 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 12.16 of Title 12 of the Code. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORH: Hayor APPROVED: Senior Asst. City Attorney city Hanager Director of Utilities 041022 cl 00?2353 3