HomeMy WebLinkAbout15 - Underground Utilities Districts 16, 17 & 18September 26, 2000
CITY COUNCIL AGENDA
ITEM NO. 15
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: PROPOSED UNDERGROUND UTILITIES DISTRICTS:
NO. 16 (BAYSIDE DRIVE AND EL PASEO DRIVE)
NO. 17 (SUPERIOR AVENUE)
NO. 18 (SAN JOAQUIN HILLS ROAD)
RECOMMENDATIONS:
Open the public hearing for Underground Districts 16, 17, and 18, receive
testimony, and close public hearing.
2. Thereafter, take any combination of the following actions:
A. Adopt Resolution No. establishing Underground Utility District No. 16
B. Adopt Resolution No. establishing Underground Utility District No. 17
C. Adopt Resolution No. establishing Underground Utility District No. 18
or
D. Abandon all or a portion of the district proceedings.
DISCUSSION:
The Edison Company funds a certain number of projects along arterial highways to
underground existing overhead utility main lines pursuant to a Public Utilities Commission
established program known as, 'The Rule in Case 8209." This program is also known as
"Rule 20A" projects. The Edison Company funding can also be used to underground the
portion of the existing service connections located within 100 feet of the street right -of-
way and within utility easements. The remaining portion of the cost of converting service
connections on private property must be borne by the property owners.
It has been the goal of the City of Newport Beach to underground all overhead facilities
along major arterials and coastal view areas. The undergrounding of utilities in the
following Underground Utility Districts (maps showing boundaries for each district are
attached) will enhance the views along these coastal routes:
Subject: Proposed Underground Utilities Districts No. 16 (Bayside Drive and El Paseo Drive), No. 17 (Superior Avenue) and No. 18
(San Joaquin Hills Road)
September 26, 2000
Page 2
No. 16 ( Bayside Drive from Jamboree Road to El Paseo Drive, and El Paseo
Drive from Bayside Drive, to Seadrift Drive)
No. 17 (Superior Avenue from Placentia Avenue to south of Ticonderoga
Street)
No. 18 (San Joaquin Hills Road from Spyglass Hills Road to El Capitan Drive)
The overhead utilities being put underground are primarily Edison transmission lines with
very few service connections. There are two service connections in District No. 16, one
service connection in District No. 17, and no service connections in District No. 18. Staff
recommends Rule 20A funds be used for undergrounding the service connections
located within 100 feet of the public right -of -way and within utility easements to reduce
property owner's costs for undergrounding their services. (As permitted in the Rule 20A
program).
On August 8, 2000, the City Council set a public hearing for September 26, 2000, to
consider the formation of Underground Utility District Nos. 16, 17 & 18 under the current
Rule 20A Undergrounding Program. Underground Utility District Nos. 16, 17 & 18 are not
assessment districts and do not follow the same procedures required of assessment
districts. The City is not required to obtain a majority approval of the affected property
owners to form an undergrounding district of this type.
In order to notify property owners of the proceedings, a letter was sent to all affected
property owners.
The City has received no protest letters as of September 13, 2000.
A large exhibit will be on display in the Council Chambers showing the boundaries of the
proposed district and the poles and overhead lines to be removed.
Respectfully submitted,
P LIC WORKS DEPARTMENT
Don Webb, Director
By: d
Richard L. Hdffstadt
Development Engineer
Attachments: Copy of August 8, 2000, Staff Report
Resolutions
Utility District Boundary Maps
August 8, 2000
CITY COUNCIL AGENDA
Item No. 11
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: SCHEDULE PUBLIC HEARINGS FOR PROPOSED RULE 20A
UNDERGROUND UTILITY DISTRICTS NOS. 16, 17, and 18.
RECOMMENDATION:
Schedule public hearings for 7:00 p.m. on September 26, 2000, to determine whether
or not Underground Utilities Districts 16, 17 and 18 should be formed. A separate
hearing is required for each District.
DISCUSSION:
In the late 1960's the California Public Utilities Commission (PUC) enacted a rule
known as the "Rule in Case 8209" (Rule 20A), providing that the regulated electrical
utilities establish a defined program to underground existing overhead utility lines. The
telephone companies participate by undergrounding their facilities in cooperation with
electrical utility projects.
The program is paid for with utility company funds, allocated in accordance with a PUC
specified formula. This program is completely separate from the assessment district
program used to underground utilities in residential areas.
Because of the limited amount of funds available to underground the large amount of
existing overhead utilities, the City Council adopted a policy that gives priority for
undergrounding utilities in conjunction with construction projects along major and
primary arterial highways, and then to projects along the City's arterial roadways.
In order for an undergrounding project to be eligible for funding under the Rule 20A
program, the project must satisfy one or more of the following PUC specified criteria:
The undergrounding will eliminate an unusually heavy concentration of overhead
facilities, or
The street is extensively used by the general public and carries a heavy volume of
pedestrian or vehicle traffic, or
11 MIS_ 11 SYS %Users\PBW %Shared%COUNCIL1Fy 2000- 01\August MD 16,17 & 18.docDate: August 8, 2000
Page 2
The street adjoins or passes through a civic area, a public recreation area, or an
area of unusual scenic interest to the general public.
The City's current Rule 20A undergrounding program has expended most of the
available funds through calendar year 2001, with the most recent project being the
undergrounding along Newport/Balboa Boulevard — McFadden Square intersection
and Newport Boulevard from 19"' Street to 32 "d Street, currently in design.
The City's account from the Edison Company's Rule 20A undergrounding program will
receive projected allotments of $342,500 per year for the next several years. The City
must hold a hearing and adopt a resolution to establish the District in order to use the
funds.
At its regular meeting held on June 27, 2000, the City Council confirmed the priority list
submitted by the City Council Rule 20A Subcommittee for the next three districts. As a
result staff has labeled these districts in their priority order. Underground Utility District
16 (UUD 16) covers Bayside Drive from Jamboree Road to El Paseo Drive and El
Paseo Drive from Bayside Drive to Seadrift Drive. UUD 17 covers Superior Avenue
from Placentia Avenue to south of Ticonderoga Street. UUD 18 is along San Joaquin
Hills Road from Spyglass Hill Road to El Capitan Drive. Maps of these districts are
attached for reference.
Underground Utility District 16 ( Bayside Drive and El Paseo Drive) has an estimated
cost of $850,000. Southern California Edison anticipates it will take approximately 2.5
years to complete the design for this District. Based upon the City's expected
allocation of Rule 20A funds, this project could be constructed in the year 2004. There
are only two private connections to this line that the owners will have to reconnect to
the undergrounded system.
UUD 17 (Superior Avenue) is expected to cost $615,000 and funds would be available
to construct this project in the year 2005. Edison expects the design of this District to
take approximately 3 years. There is one private connection to this power line that will
need to be reconnected.
UUD 18 (San Joaquin Hills Road) has an estimated cost of $1,000,000. Southern
California Edison anticipates the design for this district will take approximately 4 years.
Funds for this District are expected to be available in the year 2008. There are no
private connections to this section of power line.
The recommendation to hold public hearings is based upon the following findings:
1. The Edison Company will have funds available from the City's allocation of Rule
20A funds by the dates listed above, if the City establishes the proposed
Districts.
2. The proposed Underground Utility Districts meet the PUC eligibility criteria as
stated above.
\%MIS_1 \SYS \Users\PBW\Shared \COUNCIL \Fy 2000- 01\August 8\AD 16,17 & 18.docDate: August 8, 2000
Page 3
3. The proposed Districts conform to the City Council's priority criteria stated
above.
4. If other desirable undergrounding projects should be identified, additional funds
are projected to be available after 2008, or the City could request an advance of
funds from Southern California Edison.
Also attached for information is a report describing the City's utility funded underground
program from its inception in 1968 to the present.
Respectfully sub
Public Works Department
Don Webb, Director
By: C�
Richard M. Edmonston
Transportation & Development Services. Manager
Attachments: Sketches of Proposed Underground Utility Districts Nos. 16, 17 & 18
Status report on Rule Case 8209 Undergrounding Program
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
UTILITIES UNDERGROUNDING PROGRAM
January 11, 2000
Projects to replace overhead electric and communication systems with underground
facilities may be accomplished in a variety of ways. The procedure of most interest to the
public is one by which utility companies furnish the funds, and local public agencies
determine where they will be spent. The procedure is referred to as the Rule in Case
8209. The Southern California Edison Company designates this procedure as Rule 20A.
Pacific Bell does not allocate specific amounts of money to a public agency; however, it
undergrounds the same area that is undergrounded by the power company.
The Rule in Case 8209 (Rule 20A1
In 1965, the Public Utilities Commission of the State of California instituted an order of
investigations, Case 8209, concerning tariffs, practices, economics, and the esthetics of
undergrounding. In 1967, as a result of the investigations and after holding a number of
public hearings, the commission established rules for the replacement of overhead
facilities with underground facilities.
The rule in Case 8209 (Rule 20A) provides that each public utility will, at its own expense,
replace overhead facilities provided that the governing body of the city or county has:
A. Determined, after consultation with the utility companies and after holding public
hearings, that such undergrounding is in the public interest for one or more of the
following reasons:
The undergrounding will avoid or eliminate an unusually heavy
concentration of overhead facilities.
2. The street is extensively used by the general public and carries a heavy
volume of pedestrian or vehicular traffic; and
3. The street adjoins or passes through a civic area or public recreation area
or an area of unusual scenic interest to the general public.
B. Created an underground district in the area which provides that:
All existing overhead communications and electrical distribution facilities in
the district shall be removed; and
2. Each property owner served from such overhead facilities shall provide all
facility changes on his premises necessary to receive service from the
underground facilities of the utility as soon as it is available; and
Subject: Rule 20A Undergrounding District Priority List
January 11, 2000
3. The utilities are authorized to discontinue their overhead services.
Underground Utilities Coordinating Committee:
To meet the requirements of the Rule Case 8209, on December 28, 1968, the City
Council established the Underground Utilities Coordinating Committee. The original
committee consisted of 4 members:
1. City Manager
2. Public Works Director
3. Representative from the Southern California Edison Company
4. Representative from Pacific Bell
The main purposes of this committee are to:
• Make recommendations to the City Council on the location and priority of conversion
work within the City.
• Advise the City Council on all underground utilities matters.
• Coordinate underground work and plans between the City and affected utility
companies.
The Underground Utilities Coordinating Committee meets bimonthly, and the meetings
are open to the public.
Establishment of Priorities:
After the first series of public hearings were held by the City Council, it became evident
that because of; (1) the limited funds available, (2) the large number of requests for
undergrounding, and (3) the difficulty in getting the individual property owners to pay for
work (service conversions) to be done on private property, a uniform City -wide approach
was needed.
On October 26, 1971, the City Council approved the following policy for establishing
underground utility districts:
1. First priority will be given to undergrounding utilities along Coast Highway.
2. A special review of priorities will be given to undergrounding when
extensive construction is proposed along major and primary streets.
Some of the reasons for concentrating on Coast Highway were as follows:
1. The conversion on Coast Highway would meet all of the criteria established
by Rule 20A.
Subject: Rule 20A Undergrounding District Priority List
January 11, 2000
2. Coast Highway carries an unusually heavy volume of vehicular traffic and is
used by everyone in the City.
3. Coast Highway was designated by the State as a scenic highway.
4. The Orange County Coast Association is working to underground the entire
length of the Coast Highway in Orange County.
5. The Newport Tomorrow Report recommended undergrounding in
commercial areas.
6. Most of the adjoining property owners were willing to pay for the cost of the
work done on private property.
Existing Program
District No. 1 - Ocean Boulevard from Heliotrope Avenue to Poppy Avenue.
Established after a public hearing held on November 23, 1970.
(Estimated amount of Rule 8209 funds - $28,000)
District No. 2 - Coast Highway from Riverside Avenue to Marina Drive. Established
after a public hearing held on May 24, 1971. (Estimated amount of
Rule 8209 funds - $230,000)
District No. 3 - Coast Highway from Bayside Drive to Jamboree Road, and
Jamboree Road from Coast Highway to Bayside Drive. Established
after a public hearing held on December 10, 1973. (Estimated
amount of Rule 8209 funds - $87,000)
District No. 4 - Coast Highway from Jamboree Road to MacArthur Boulevard.
Established after a public hearing held on November 25, 1974.
(Estimated amount of Rule 8209 funds - $250,000)
District No. 5 - Jamboree Road from north of San Joaquin Hills Drive to south of
Santa Barbara Drive. Established after a public hearing held on
November 25, 1974. (Estimated amount of Rule 8209 funds -
$100,000)
District No. 6 - Coast Highway from Dover Drive to easterly of Upper Bay Bridge.
Established after a public hearing held on November 8, 1976.
(Estimated amount of Rule 8209 funds - $200,000)
District No. 7 - Way Lane from Fernieaf Avenue easterly and westerly. Established
after a public hearing held on October 23, 1979. (No Rule 8209
funds involved).
Subject: Rule 20A Undergrounding District Priority List
January 11, 2000
District No. 8 - Superior Avenue from 15th Street to northerly City boundary of Tract
7817. Established after a public hearing held on November 9, 1981.
(Estimated amount of Rule 8209 funds - $75,000)
District No. 9 - Superior Avenue from 15th Street to northerly City boundary.
Established after a public hearing held on July 9, 1984. (Estimated
amount of Rule 8209 funds - $87,000)
District No. 10 - Balboa Boulevard in the vicinity of I Street. (No Rule 8209 funds
involved)
District No. 11 - West Coast Highway from Newport Boulevard to Santa Ana
River. Established after a public hearing held on June 24, 1985.
(Estimated amount of Rule 8209 funds - $1,275,000)
District No. 12 - West Coast Highway from Dover Drive westerly to Marino Drive and
MacArthur Boulevard from East Coast Highway northerly to Crown
Drive.
District No. 13 - West Coast Highway from Dover Drive westerly to Marino Drive and
MacArthur Boulevard from East Coast Highway northerly to Crown
Drive was established after a public hearing on January 10, 1994.
(Estimated amount of Rule 8209 funds - $158,000)
District No. 14 - Newport Boulevard from 32n° Street northerly to north of the "Arches"
Bridge. Established after a public hearing on May 12, 1997.
(Estimated amount of Rule 8209 funds - $500,000)
District No. 15 - Newport/Balboa Boulevard — McFadden Square Intersection and
Newport Boulevard from 19' Street to 32nd. Street. (Estimated
amount of Rule 8209 funds - $1,000,000)
RESOLUTION NO. 2000 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING UNDERGROUND
UTILITIES DISTRICT NO. 16 (BAYSIDE DRIVE FROM
JAMBOREE ROAD TO EL PASEO DRIVE AND EL PASEO
DRIVE FROM BAYSIDE DRIVE TO SEADRIFT DRIVE) AND
ORDERING THE REMOVAL OF POLES, OVERHEAD
WIRES, AND ASSOCIATED OVERHEAD SERVICES
WITHIN THAT AREA OF THE CITY LOCATED WITHIN
SAID DISTRICT
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport
Beach Municipal Code, authorizes the City Council to call public hearings to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires
and associated overhead structures within designated areas of the City, and underground
installation of wires and facilities for supplying electric, communication, or similar services;
and
WHEREAS, on the August 8, 2000, the City Council took action to set a
public hearing for the 26th of September 2000, at 7:00 P.M. for the purpose of
determining whether an underground utilities district should be established within that
certain territory referred to as Underground Utilities District No. 16 ( Bayside Drive from
Jamboree Road to El Paseo Drive and El Paseo Drive from Bayside Drive To Seadrift
Drive), which is hereinafter described; and
WHEREAS, notices have been sent to all owners of property within said
underground utilities district, in the manner prescribed by said Chapter 15.32 of the
Newport Beach Municipal Code; and
WHEREAS, after consideration of all protests to the formation of said
Underground Utilities District No. 16, the City Council has determined that public health,
safety and welfare require the formation of said District;
ORDERS:
NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND
1. The public necessity, health, safety and welfare require the removal
of poles, overhead wires and associated overhead structures used to supply electric and
telephone service and their installation underground within the following described areas
of the City of Newport Beach:
That parcels of land located in the City of Newport Beach, County of
Orange, State of California, described as a whole as follows:
Bayside Drive from Jamboree Road to El Paseo Drive and El Paseo Drive
from Bayside Drive To Seadrift Drive
For reference, the boundary line of the land described above is shown on
City of Newport Beach Drawing No. M- 5341 -L, on file in the office of the
Public Works Department.
The City Council further finds that:
2. (A) Bayside Drive and El Paseo Drive along which the work is to be
performed are extensively used by the general public and carries a heavy volume of
pedestrian and vehicular traffic; and
(B) Bayside Drive and El Paseo Drive lead to a public recreation
area and passes through an area of unusual scenic interest to the general public.
3. The above - described area is hereby declared to be an underground
utilities district, to be known as Underground Utilities District No. 16, and the affected
utility companies and property owners are ordered to cause the required removal and
underground installation work to be done.
4. The date by which the required removal and underground installation
work is to be accomplished and by which the affected property owners must be ready to
receive underground service is June 2004.
5. The City Clerk is directed to notify all affected utility companies and
all persons owning property within said District of the adoption of this resolution within ten
(10) days after its affective date, in accordance with Section 15.32.080 of the Newport
Beach Municipal Code.
ADOPTED this day of 2000.
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. 2000 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING UNDERGROUND
UTILITIES DISTRICT NO. 17 (SUPERIOR AVENUE FROM
PLACENTIA AVENUE TO S/O TICONDEROGA STREET)
AND ORDERING THE REMOVAL OF POLES, OVERHEAD
WIRES, AND ASSOCIATED OVERHEAD SERVICES
WITHIN THAT AREA OF THE CITY LOCATED WITHIN
SAID DISTRICT
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport
Beach Municipal Code, authorizes the City Council to call public hearings to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires
and associated overhead structures within designated areas of the City, and underground
installation of wires and facilities for supplying electric, communication, or similar services;
and
WHEREAS, on the August 8, 2000, the City Council took action to set a
public hearing for the 26th of September 2000, at 7:00 P.M. for the purpose of
determining whether an underground utilities district should be established within that
certain territory referred to as Underground Utilities District No. 17 (Superior Avenue from
Placentia Avenue to S/o Ticonderoga Street), which is hereinafter described; and
WHEREAS, notices have been sent to all owners of property within said
underground utilities district, in the manner prescribed by said Chapter 15.32 of the
Newport Beach Municipal Code; and
WHEREAS, after consideration of all protests to the formation of said
Underground Utilities District No. 17, the City Council has determined that public health,
safety and welfare require the formation of said District;
NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND
ORDERS:
1. The public necessity, health, safety and welfare require the removal
of poles, overhead wires and associated overhead structures used to supply electric and
telephone service and their installation underground within the following described areas
of the City of Newport Beach:
That parcels of land located in the City of Newport Beach, County of
Orange, State of California, described as a whole as follows:
Superior Avenue from Placentia Avenue to S/o Ticonderoga Street.
For reference, the boundary line of the land described above is shown on
City of Newport Beach Drawing No. M- 5342 -L, on file in the office of the
Public Works Department.
The City Council further finds that:
2. (A) Superior Avenue along which the work is to be performed are
extensively used by the general public and carries a heavy volume of pedestrian and
vehicular traffic; and
(B) Superior Street leads to a public recreation area and passes
through an area of unusual scenic interest to the general public.
3. The above - described area is hereby declared to be an underground
utilities district, to be known as Underground Utilities District No. 17, and the affected
utility companies and property owners are ordered to cause the required removal and
underground installation work to be done.
4. The date by which the required removal and underground installation
work is to be accomplished and by which the affected property owners must be ready to
receive underground service is June 2005.
5. The City Clerk is directed to notify all affected utility companies and
all persons owning property within said District of the adoption of this resolution within ten
(10) days after its affective date, in accordance with Section 15.32.080 of the Newport
Beach Municipal Code.
ADOPTED this day of 2000.
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. 2000 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING UNDERGROUND
UTILITIES DISTRICT NO. 18 (SAN JOAQUIN HILLS ROAD
FROM SPYGLASS HILLS ROAD TO EL CAPITAN DRIVE)
AND ORDERING THE REMOVAL OF POLES, OVERHEAD
WIRES, AND ASSOCIATED OVERHEAD SERVICES
WITHIN THAT AREA OF THE CITY LOCATED WITHIN
SAID DISTRICT
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport
Beach Municipal Code, authorizes the City Council to call public hearings to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires
and associated overhead structures within designated areas of the City, and underground
installation of wires and facilities for supplying electric, communication, or similar services;
and
WHEREAS, on the August 8, 2000, the City Council took action to set a
public hearing for the 26th of September 2000, at 7:00 P.M. for the purpose of
determining whether an underground utilities district should be established within that
certain territory referred to as Underground Utilities District No. 18 (San Joaquin Hills
Road from Spyglass Hills Road to El Capitan Drive), which is hereinafter described; and
WHEREAS, notices have been sent to all owners of property within said
underground utilities district, in the manner prescribed by said Chapter 15.32 of the
Newport Beach Municipal Code; and
WHEREAS, after consideration of all protests to the formation of said
Underground Utilities District No. 18, the City Council has determined that public health,
safety and welfare require the formation of said District;
NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND
ORDERS:
1. The public necessity, health, safety and welfare require the removal
of poles, overhead wires and associated overhead structures used to supply electric and
telephone service and their installation underground within the following described areas
of the City of Newport Beach:
That parcels of land located in the City of Newport Beach, County of
Orange, State of California, described as a whole as follows:
San Joaquin Hills Road from Spyglass Hills Road to El Capitan Drive.
For reference, the boundary line of the land described above is shown on
City of Newport Beach Drawing No. M- 5343 -L, on file in the office of the
Public Works Department.
The City Council further finds that:
2. (A) San Joaquin Hills Road along which the work is to be performed
are extensively used by the general public and carries a heavy volume of pedestrian and
vehicular traffic; and
(B) San Joaquin Hills Road leads to a public recreation area and
passes through an area of unusual scenic interest to the general public.
3. The above - described area is hereby declared to be an underground
utilities district, to be known as Underground Utilities District No. 18, and the affected
utility companies and property owners are ordered to cause the required removal and
underground installation work to be done.
4. The date by which the required removal and underground installation
work is to be accomplished and by which the affected property owners must be ready to
receive underground service is June 2008.
5. The City Clerk is directed to notify all affected utility companies and
all persons owning property within said District of the adoption of this resolution within ten
(10) days after its affective date, in accordance with Section 15.32.080 of the Newport
Beach Municipal Code.
ADOPTED this day of 2000.
Mayor
ATTEST:
City Clerk
i:\uSers\PbYAshared\resoI utions\ u ud- 18.doc
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