Loading...
Item No. 11AGENDA ITEM NO. 11 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: May 17, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF ADOPTING A RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.8 - MERCED AVENUE (RULE 20A) RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 ON MERCED AVENUE FROM 208 FEET EAST OF SOUTH ORANGE AVENUE TO 180 FEET WEST OF TROJAN WAY BACKGROUND: On April 19, 2022, the City Engineer filed a report with the City Council recommending establishing Underground Utility District No. 8. The City Council received and filed the report and set a public hearing for May 3, 2022 at 7:00pm regarding the establishment of Underground Utility District No. 8, pursuant to Chapter 23 of Article V of the West Covina Municipal Code. The April 19, 2022 staff report stated the City had an approximate current cumulative balance of $1,209,317 on deposit with Southern California Edison (SCE), with a continuing annual allowance of $79,967. Since then, SCE informed the City that the balance is $1,380,247 in Rule 20A allocations and that there is no longer an annual allowance accrued at this time. For that reason, the public hearing was rescheduled from May 3, 2022 to May 17, 2022. The public hearing is scheduled to receive public comments regarding the establishment of Underground Utility District No. 8. Each property owner within the proposed underground utility district and utilities concerned were notified by mail of the time and place of the hearing at least ten (10) days prior to the date thereof. After the public hearing, pursuant to West Covina Municipal Code Section 23-290, if the Council finds that the public necessity, health, safety or welfare requires removal and underground installation of utility lines within the proposed underground utility district, the Council shall, by resolution, declare such designated area an underground utility district and order the removal and underground installation of utility lines. DISCUSSION: The proposed location for the Underground Utility District No. 8 has been identified along West Merced Avenue (from 208' east of South Orange Avenue to 180' west of Trojan Way). The proposed location is adjacent to public places such as the West Covina Unified School District administration building, Edgewood Sport Complex, and Orangewood Skate Park. It is expected that the undergrounding project will provide both safety and aesthetic benefits to Merced Avenue and adjacent areas. The proposed location is also close to the previously declared Underground Utility District (District No. 4) on Merced Avenue east of Sunset Avenue. If approved by the City Council, it is estimated that construction will start in late 2023, and that it will take approximately 12 months to complete the underground installation and removal of overhead facilities. If, after the public hearing, the Council finds that the public necessity, health, safety or welfare requires removal and underground installation of utility lines within the designated area, staff recommends that the Council adopt the proposed resolution establishing Underground Utility District No. 8 and ordering the removal and underground installation of utility lines located within the district. LEGAL REVIEW: The City Attorney's Office has reviewed the resolution and approved it as to form. OPTIONS: The City Council has the following options: 1. Approve Staffs recommendation; or 2. Provide alternative direction. Prepared by: Okan Demirci, CIP Manager I Fiscal Impact FISCAL IMPACT: Southern California Edison (SCE) prepared a Rough Order of Magnitude (ROM) cost estimate for this project. The ROM cost estimate for the project is $1,321,424, based on 2023 prices. At stated earlier the City has $1,380,247 in R20A allocations to cover this project. Therefore, there is no impact to the City's General Fund associated with this project. Attachments Attachment No. 1 - Resolution No. 2022-45 CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Enhance City Image and Effectiveness A Creative and Active Communuty ATTACHMENT NO.1 RESOLUTION NO.2022-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 ON MERCED AVENUE FROM 208 FEET EAST OF SOUTH ORANGE AVENUE TO 180 FEET WEST OF TROJAN WAY WHEREAS, the California Public Utilities Commission (CPUC) has authorized electronic and telecommunications utilities to convert overhead utility lines and facilities to underground facilities pursuant to Electric Rule 20 and Telecommunications Rule 32; and WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric and telecommunication distribution and service facilities will be converted to underground; and WHEREAS, the City of West Covina adopted an ordinance, codified in Article V (Underground Utility Districts) of Chapter 23 (Utilities) of the West Covina Municipal Code, authorizing the City Council to, after a public hearing and upon finding that the public necessity, health, safety or welfare requires removal and underground installation of utility lines within a designated area, by resolution, declare the designated area an underground utility district and order the removal and underground installation of utility lines; and WHEREAS, each year, Southern California Edison Company (SCE) notifies the City regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations; and WHEREAS, the City has consulted with SCE regarding the undergrounding of overhead utilities within the boundaries of the proposed Underground Utility District No. 8, on West Merced Avenue from 208 feet east of South Orange Avenue to 180 feet west of Trojan Way, as more particularly described and depicted in Exhibits "A" and "B," both attached hereto and incorporated herein; and WHEREAS, on April 19, 2022, the City Engineer filed a report for the City Council's consideration, detailing the City Engineer's recommendations for the boundaries of the proposed Underground Utility District No. 8, the extent of each utility's participation, estimates of the total costs to the City and affected property owners, and an estimate of the time required to complete such underground installation and removal of overhead facilities, in accordance with Section 23- 288 of the West Covina Municipal Code; and WHEREAS, on April 19, 2022, the City Council received and filed the City Engineer's report and set May 3, 2022 at 7:00pm as the date and time for the public hearing regarding the establishment of the proposed Underground Utility District No. 8; and WHEREAS, on May 3, 2022, the City Council set May 17, 2022 at 7:00pm as the new date and time for the public hearing regarding the establishment of the proposed Underground Utility District No. 8; and WHEREAS, on May 17, 2022, the City Council held a duly noticed public hearing pursuant to West Covina Municipal Code section 23-289 for the purpose of ascertaining whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within the proposed Underground Utility District No. 8 and the underground installation of wires and facilities for supplying electric, communication or similar or associated service; and WHEREAS, the City Clerk notified each property owner within the proposed Underground Utility District No. 8, as shown on the last equalized assessment roll, and the utilities concerned, by mail, of the time and place of such public hearing at least ten (10) days prior to the date thereof pursuant to Section 23-289 of the West Covina Municipal Code; and WHEREAS, at the public hearing, all interested persons were given the opportunity to be heard; and WHEREAS, following the public hearing, the City Council has found that the public necessity, health, safety or welfare requires removal and underground installation of utility lines within the proposed Underground Utility District No. 8, and desires to declare such area as an underground utility district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Article V of Chapter 23 of the West Covina Municipal Code, the City Council finds that the public necessity, health and welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within the area on Merced Avenue from 208 feet east of South Orange Avenue to 180 feet west of Trojan Way, as more particularly described and depicted in Exhibits "A" and "B," and declares such area as an underground utility district, which shall be referred to as Underground Utility District No. 8 (the "District'). SECTION 2. The City Council finds that, consistent with the requirements of Rule 20A, the undergrounding of utilities within the District is in the general public interest because: (a) The undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; (b) The street and rights -of -way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicle traffic; (c) The street and rights -of -way in the District pass through a civic area, recreational or scenic area; and (d) The street qualifies as an arterial or collector road in the City's General Plan. SECTION 3. The City's Rule 20A allocation will be charged for all electrical service undergrounding in the District, including service laterals and conversions to individual structures, and utility companies shall underground their facilities within the District at their own expense. Notwithstanding any provisions of Article V of Chapter 23 of the West Covina Municipal Code to the contrary, owners, tenants, or occupants of private property within the District shall not be responsible for undergrounding utilities on their property, but shall give appropriate access to utilities to undertake the undergrounding. SECTION 4. The removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated services within Underground Utility District No. 8 shall be completed by December 31, 2024. All affected property owners shall be ready to receive underground service by such date. SECTION 5. In accordance with Section 23-293 of the West Covina Municipal Code, the City Council authorizes the following exceptions within the District, subject to the City Engineer's approval on a case -by -case basis: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer. (b) Poles, or electroliers used exclusively for street lighting. (c) Overhead wires (exclusive of supporting structures) crossing any portion of the District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of the District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts. (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. (f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services. (g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. SECTION 6. Within ten (10) days from the date of the adoption of this Resolution, the City Clerk shall notify all utilities having lines or facilities within Underground Utility District No. 8 and all affected property owners of the adoption of this Resolution. The City Clerk shall further notify such affected property owners that, if the owner or occupant of the property desires to continue to receive electric, communication or similar or associated service, it will be necessary to provide those facility changes on the premises required to receive such service from the lines of the supplying utility or utilities at a new underground location. The City Clerk shall provide such notice by mailing a copy of this Resolution together with a copy of Article V of Chapter 23 of the West Covina Municipal Code to all affected property owners as shown on the last equalized assessment roll and to the affected utilities APPROVED AND ADOPTED this 17th day of May, 2022. Dario Castellanos Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-45 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of May, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A DESCRIPTION OF DISTRICT Those portions of Merced Avenue in the City of West Covina, County of Los Angeles, State of California, as existed on March 15, 2022, bounded as follows: Bounded westerly 208 feet from the Centerline of S. Orange Avenue and bounded easterly 180 feet from the centerline of Trojan Way. L r' ti 9Li fte EDOEWOOD . W 000M3DOP[- 4r, I Jw.