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HomeMy WebLinkAbout20 - Santa Ana HeightsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 June 14, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parciniega @city.newport- beach.ca.us SUBJECT: PROPOSED UNDERGROUND UTILITIES DISTRICT (UUD) NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. RECOMMENDATIONS: Open the public hearing, receive testimony, and close public hearing. 2. Thereafter, take one of the following actions: A. Adopt Resolution establishing Underground Utility District No. 19. B. Abandon the district proceedings. DISCUSSION: The community of Santa Ana Heights (SAH), acting through the Santa Ana Heights Project Advisory Committee (SAHPAC) first requested the County of Orange to form an Underground Utilities District (UUD) in 1995. The primary reason cited for the formation of an UUD was the fact that power poles stand in the middle of the horse bridle paths along Cypress Street and Mesa Drive. There are also poles in the sidewalk areas of both streets forcing riders and pedestrians to walk into the street to move around the poles. These streets are the community's primary equestrian trails and access routes to Upper Newport Bay Regional Park. On July 31, 2002 the Orange County Board of Supervisors directed the County's Public Facilities and Resources Department (PFRD) to prepare a report on the formation of an UUD in eastern SAH using the area's redevelopment (RDA) funds. In June 2003, homeowners in SAH were sent information on this preliminary report. In July 2003, the City of Newport Beach officially annexed this area, and in doing so, became the more appropriate authority to actually create the UUD for the area. SUBJECT: Underground Utility District No. 19 (Santa Ana Heights — Mesa Drive, Cypress Street and Orchard Street) June 14, 2004 Page 2 Still using promised redevelopment funds, the City has moved forward with this project and hired GFB- Friedrich in July 2004 to prepare a map and Underground Utilities Report to explain the scope of the project and the impact to area residents and business. City staff and the contractor met with the SAHPAC in August 2004 to discuss the plans. The PAC was very supportive of the overall effort. Following the consent of the County, the City intends to use the RDA funds from the SAH Project Area to completely fund the design, construction and conversion of private property services for this District. On November 23, 2004 City Council set a public hearing for January 11, 2005, to consider the formation of UUD -19 pursuant to Section 15.32 of the Newport Beach Municipal Code. Subsequently, the public hearing was continued until June 14, 2005 because of a legal and policy disagreement between the County of Orange's redevelopment counsel and our Special Counsel's opinion about the use of redevelopment funds for private property utility hook -ups. Currently, both counsels are in agreement that it is appropriate to utilize redevelopment funds to fund private property utility hook -ups for this UUD. Underground Utility District No. 19 is not an assessment district and does 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 apprise the property owners of the proceedings, a letter was forwarded to all affected property owners on May 27, 2005 with copies of the Engineer's Report, Staff Report dated April 26, 2005, and Notice of Public Hearing for June 14, 2005. Signs of the Notice of Public Hearing were also posted throughout the area on May 27, 2005. The City has received no protest letters as of June 1, 2005. After the District is formed, the City will be required to make an advance payment to SCE and SBC for design of the underground system. Once the plans have been completed and finalized, construction may be scheduled. The following is a tentative schedule for proposed Underground Utilities District No. 19: • Council Action to Set Public Hearing for UUD November 23, 2004 • Property Owner Information Meeting December 7, 2004 • Public Hearing June 14, 2005 • Utilities Design Project July 2005 -July 2007 • Public Utilities Commence Work Jan. 2008 • Private Property Conversions Begin Oct. 2008 • Private Property Conversions Complete Oct. 2009 • Overhead Utilities Removed Dec 2009 SUBJECT: Underground Utility District No. 19 (Santa Ana Heights — Mesa Drive, Cypress Street and Orchard Street) June 14, 2004 Page 3 Environmental Review: A Notice of Exemption was completed October 22, 2004, and filed with the County Recorder on October 27, 2004. A Certificate of Environmental Proceedings was completed on November 10, 2004. Prepared by: Submitted by: Patrick L. Arcinlega S h G. Badum Associate Engineer UW1 Works Director Attachments: Exhibit Showing District Boundaries Resolution Forming District Engineer's Report Letter Dated June 2, 2005 I r BOUNDARY OF PROPOSED ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - MESA DRIVE /CYPRESS STREET POLES TO BE REMOVED O POLES ON PRIVATE PROPERTY OVERHEAD LINES TO BE REMOVED ti /1 N TO sn/� PAGE 1 OF 1 4/14/05 RESOLUTION NO. 2005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING UNDERGROUND UTILITIES DISTRICT 19 (SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND PORTION OF ORCHARD 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,. co mmunication, or similar services; and WHEREAS, on the April 26, 2005 the City Council took action to set a public hearing for the 14th of June 2005, 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. 19 (Santa Ana Heights Mesa Drive, Cypress Street and a portion of Orchard 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. 19, 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: Those parcels of land located in the City of Newport Beach, County of Orange, State of California, described as a whole as follows: Mesa Drive, Cypress Street, and Orchard Street — right -of -way including properties that are adjacent to these rights -of -way. For reference, the boundary line of the land described above is shown on City of Newport Beach Drawing No. SD- 5067 -S, on file in the office of the Public Works Department. The City Council further finds that: 2. (A) Mesa Drive, Cypress Street and Orchard Drive along which the work is to be performed are extensively used by the general public and carries a heavy volume of pedestrian, equestrian and vehicular traffic; and (B) Cypress Street and Mesa 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. 19, 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 October 1, 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 effective date, in accordance with Section 15.32.080 of the Newport Beach Municipal Code. ADOPTED this 14 day of June, 2005. Mayor ATTEST: City Clerk F: \USER S\PBVAShared\COU NC I L \FY04- 05\06- 141ResolEstab@shU UD -UU D 19.doc REVISED ENGINEER'S REPORT for UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) for the CITY OF N- TWPORT BEACH Preliminary City Council Action: November 23, 2004 Public Hearing: June 14, 2005 AGENCY: CITY OF NEWPORT BEACH PROJECT: UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTION 15.32 OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE Pursuant to the provisions of Section 15.32, "Underground Utilities" of the Municipal Code of the City of Newport Beach, and in accordance with the action described in a Minute Order dated November 23, 2004 adopted by the CITY COUNCIL of the CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, in connection with the proceedings for UNDERGROUND UTILITIES DISTRICT NO. 19, (Mesa Drive & Cypress Street) (hereinafter referred to as the "Utilities District "), I, JOHN A. FRIEDRICH, authorized representative of GFB- FRIEDRICH & ASSOC., INC., the duly appointed ENGINEER, submit herewith the "Report" for the Utilities District, consisting of five (5) parts as follows: PART Plans and specifications for the proposed improvements. Said plans and specifications are currently in the design phase. When said plans and specifications are completed, they will become a part of the record on file with the City Clerk. PART II An estimate of the cost of the proposed works of improvement, including incidental costs and expenses in connection therewith. PART III A summary of the procedures required to produce this Report and a certification as to the correctness of the Report, to the extent that the facts and information have been presented. u A map showing the Utilities District, the boundaries and the locations of the subdivisions of land within said Utilities District designated by street address, as the same existed at the time of the passage of the Resolution of Intention. PART V This Part consists of the followine information: A. Description of the work for the proposed improvements. B. Right -of -way certificate. C. Environmental certification. PART V A property owner information list including an estimated cost for the undergrounding of the utility service lines on private property. Dated this 4 m day of 20� No. C27861 Eup. 3/31/06 CIML /_, CF us«i 2 GFB- FRIEDRICH & ASSOC., INC. Preliminary Approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, California, on the day of 20_ CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Final Approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH. California, on the day of 20_ CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 3 ENGINEER'S "REPORT" PART I CITY OF NE"TORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & C}press Street) PLANTS AND SPECIFICATIONS The design of the construction plans and specifications for this project will start when the Utilities District is formed. When the final plans and specifications which describe the general nature, location; and extent of the improvements for this Utilities District are completed, they will be filed in the office of the City Clerk and in the office of the Public Works Department. El ENGINEER'S "REPORT" PART H CITY OF NEWPORT BEACH UNDERGROUND UTILITY DISTRICT NO. 19 II (Mesa Drive & Cypress Street) PRELPAITSARY ESTIMATE OF PROBABLE CONSTRUCTION COSTS Preliminary Estimate Costs wl oil: with SCE ITCC Tax SCE ITCC Tax` "* A. CONSTRUCTION COSTS 1. Southern California Edison Electric Transmission Facilities Install ducts, substructures, writes & cables $2,316,000.00 $?.316,000.00 Electric Distribution Facilities Instal! ducts, substructures, wires & cables 1 $1,140.000.00 51,140.000.00 SCE ITCC Tax ** j 81209,600.00 Subtotal, Southern California Edison Costs: l Without SCE ITCC Tax 83,456,000.00 1 With SCE ITCC Tax $4,665,600.00 2. SBC Telephone Service Facilities Install ouc's & substructures, joint trench with SCE & CAN 8935,125.00 8935,125.00 Install wires & cables (allow 20 %) 8224,430.00 5224,430.00 Subtotal, SBC Costs I $1,159,555.00 81,159,555.00 Construction Contingencies, SCE and SBC (154x) i 692.333.25 873,77325 TOTAL CONSTRUCTION COSTS IN PUBLIC R/W $5.307,886.25 *** $6,698.92825 " ** B. CONSTRUCTION COSTS FOR PRIVATE PROPERTY CONVERSIONS (On -site Construction) I $655,130.00 5655,130.00 Construction Contingencies, Private Propem' (15%) 898,269.50 898269.50 TOTAL CONSTRUCTION COSTS FOR PRIVATE PROPERTY CONVERSIONS (On -site Construction) 8753,399.50 5753,399.50 i C. INCIDENTAL COSTS 1. Design Engineering (SCE) $58,800.00 858,800.00 2. Design Engineering (SBC) 24,000.00 24,000.00 3. Engineer 20,000.00 20,000.00 4. Construction Inspection 36,370.00 36,370.00 5a. City Administration - Public Works 75,770.00 75,770.00 5b. City Administration - Finance 1,500.OD 1,500.00 6. Contingencies 21300.00 21,700.W Subtotal, Incidentals $237,740.00 $238,140.00 TOTAL DISTRICT COSTS, Construction & Incidentals 86,299,027.75 $7,690,467.75 * Adelphia Cable is required to pay for tmdergrounding through their Franchise Agreement with the City. ** ITCC = Income Tax Component of Contribution (35 %). [Secrion IM) of IRS Code) * ** The preliminary construction estimate given above is based on orders of magnitude costs and preliminary design. When the final plans are complete, the final construction costs will be known and may be amended at such time. This preliminary estimate anticipates construction in the public right -of -way to start in December, 2007. 1 The cost for on -site private property conversions for each lot in the undergrounding district may be found at the back of this Report in the table entitlied "Property Owner Information w /On -site Undergmurding costs." Note: The original cost estimate from Southern California Edison was prepared in September, 2002. The original cost estimate from SBC was prepared in May, 2004. The costs given above have been increased from the original cost estimates to reflect fume costs when the project is actually corxsnucted. ENGINEER'S "REPORT" PART III CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & C}press Street) PROCEDURAL SUMMARY WHEREAS, on November 23 20 04 , the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, did, pursuant to the provisions of Section 15.32, "Underground Utilities" of the Municipal Code of the City of Newport Beach, take an action, described by a Minute Order dated November 23. 2004 , for the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special district known and designated as UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street), hereinafter referred to as the "Utilities District "); and, WHEREAS, said Minute Order, as required by law, did direct the appointed Director of Public Works to make and file a "Report", consisting of the following: a. Preliminary plans; b. Preliminary specifications; c. Preliminary estimate of probable construction costs; d. Boundary Map of the Underground Utilities District and the subdivisions of land contained therein; and e. An estimated cost for the on -site undergrounding of the utility service lines; the financial responsibility for which normally rests with the owner of each property requiring service line undergrounding within the boundary of the district. However, in this case the City of Newport Beach has determined that the funding for the on -site conversion of overhead to underground services will be financed with Redevelopment money. For particulars, reference is made to the City Council action as previously adopted and described in said Minute Order. NOW, THEREFORE, I, JOHN A. FRIEDRICH, the duly appointed Engineer, pursuant to Section 15.32 of the City of Newport Beach Municipal Code, do hereby submit the following: 9 I, pursuant to the provisions of law and the Minute Order, have reviewed the costs and expenses of the works of improvement to be performed in the Utilities District upon the parcels of land in the Utilities District. For particulars to the identification of said parcels, reference is made to the Boundary Map, a copy of which is attached hereto. 2. A Boundary Map is hereto attached, showing the Utilities District, as well as the boundaries and street addresses of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said action. 3. This Utilities District was originally proposed for the Santa Ana Heights area by the Orange County Development Agency in June of 2003 while the land within the project area was still under Orange County jurisdiction, before it was annexed into the City of Newport Beach. At that time, RDA monies were allocated for this project under Section 7 -11 -4 (a) of the Orange County Underground Utility Districts Ordinance that states that if the Board determines that undergrounding is in the general public interest because "such undergrounding will avoid or eliminate an unusually heavy concentration of overhead facilities" then the Board shall, by resolution, declare the designated area an underground utility district and shall order the removal of the overhead facilities, and undergrounding of said facilities. The utilities district was not formed at that time. On July 1, 2003, the area was annexed into the City of Newport Beach, with the County of Orange pledging to pass said RDA monies to the City, for the purpose of undergrounding the electric and telephone facilities in the public right -of -way, as originally intended. The City in turn is intending to form the Utilities District under its Municipal Code as described in this Report. The City will add any additional funding that is necessary from their Redevelopment funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. 4. Project Cost Estimates a. The following Estimate Summary is based on costs updated to the present and includes facilities that will be undergrounded within the public right -of -way, and does not include on -site private property service conversion (undergrounding). ESTIMATE SUMMARY (with ITCC Tax) Estimated Cost of Construction in Public R/W $ 6,698,928.25 Estimated Cost of Construction — On -site Conversion $ 753,399.50 Estimated Incidental Costs and Expenses: $ 238,140.00 Estimated Total District Cost: $ 7,690,467.75 Estimated Contribution: $ 0.00 Project Balance: $ 7,690,467.75 7 For particulars as to the project cost estimate for facilities within the public right - of -way, reference is made to Exhibit II attached hereto. The source of funds for the undergrounding of the existing overhead facilities in the public right -of -way are pledged by the County of Orange to the City of Newport Beach. b. The City of Newport Beach has determined that it will finance the conversion of overhead electric, telephone and cable TV services to underground services on private property with City Redevelopment funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. CERTIFICATION I. the undersigned Engineer, do hereby certify that the information contained within this report is :rue and correct, to the extent that the facts and information have been presented to me. DATED: 20Q� GFB- FRIEDRICH & ASSOC., INC. i � / A. F ED H, P.E. ENGINEER 9 bEP! ti� I, �1,{ 19l 11 1, �'l���tll�i , asrCITY LERK of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Map attached thereto, was filed in my office on the 1 ot day of tU 1 i✓ , 20 (}. pig u�r `( CITY CLERK bacon +� CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Map attached thereto, was approved by the City Council of said City on the day of .20 CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, STEPHEN G. BADUM, P.E., as SUPERINTENDENT OF STREETS of the CITY OF ?NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Map attached thereto, was recorded in my office on the 27 TFY day of IUPX,KNTE ,YbENT OF STREETS CITY OF WPORT BEACH STA' F CALIFORNIA 20 ENGINEER'S "REPORT" PART IV CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) BOUNDARY MAP A copy of the Boundary Map is on file in the Office of the City Clerk of the City of Newport Beach. Please refer to the following page for a reduced -size copy of said map. The Boundary Map shows the exterior boundary of the District and the address for each parcel of land within the District. Reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel or lot within the District. 10 0 W � & i e m • O 1 I o� a Ll I � z r- - Z o w -- J N i I 4 �UUS -� LL N W O <OmW.'d r— o zy¢4� i�la IL �JWUi� o LL Z!f'-4 OQ� a ¢w I Z OUOQ__ t N a ii cc Z N —f1 ee p O �— Z U /-- p.l 4 ` , 8 I I / -i Af i� rT11EjE 1 m A, n A ii a � i � _lowc 5 5 A E F iiff �� "II I I ILJ 1 _ I 1_, I a i -r II i 0 �I I IT r` R 3 ENGINEER'S REPORT PART V(A) CITY OF NT"TORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) DESCRIPTION OF WORDS OF U"ROVEIMZENT, TIME ESTIMATE The following improvements are proposed to be constructed and installed in street rights -of- way along Cypress Street. Mesa Drive and Orchard Drive. 1. Removal of 63 existing power and telephone poles. 2. Removal of high voltage power lines, local power lines, telephone lines, and cable TV lines hanging between the poles to be removed. 3. Construction of approximately 10,085 linear feet each of mainline underground power, telephone conduit and cable TV conduit with appurtenant vaults, manholes and pullboxes. 4. Construction of required service conduit and appurtenances to private property lines for 107 parcels and lots within the District. 5. Conversion of on -site overhead private property service drops to underground services for the 81 properties that have not previously been converted (undergrounded). The improvements will be designed and constructed by the Southern California Edison Company (electric), SBC (telephone) and Adelphia (cable TV). The City of Newport Beach will inspect the work for conformance to applicable City standards and specifications. Once completed, the underground electric, telephone and cable TV facilities will become the property and responsibility of Southern California Edison, SBC and Adelphia; respectively. Each owner of property located within the Utilities District will be responsible for making his /her property available for the conversion of overhead service drops to underground services. It is anticipated that the utility companies will construct their respective on -site underground services through the use of private contractors under contract to them. An undergrounding project of this size and scope typically takes about two (2) years to design and review. The estimated time for completion of the undergrounding of the utilities and on- site services will be approximately one and one -half (1 -1/2) years from the approval of construction plans to the final removal of the overhead wiring and removal of utility poles. The construction sequence starts with the construction of the underground facilities and on -site services, then proceeds to the transfer of the respective services from the overhead facilities to the new underground facilities, and is completed with the removal of the overhead wiring and utility poles. I1 The general locations of the existing facilities to be undergrounded are shown on the Boundary Map in Part IV of this "Repon." 12 ENGINEER'S "REPORT" PART V (B) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) GHT -OF -WAY CERTIFICATE CITY OF NER'PORT BEACH COUNTY OF ORANGE STATE OF CALIFORNLk The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is true and correct. At all times herein mentioned, the undersigned was, and now is, the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NERTORT BEACH. CALIFORNIA. That there have now been instituted proceedings under the provisions of Section 15.32 of the City of Newport Beach Municipal Code, for the construction of certain public improvements in an undergrounding utilities district known and designated as UNDERGROUND UTILITIES DISTRICT No. 19 (Mesa Drive & Cypress Street) (hereinafter referred to as the "Utilities District "). THE UNDERSIGNED STATES AND CERTIFIED AS FOLLOR7S: That all easements, rights -of -way or Iand necessary for the accomplishment of the works of improvement for the above - referenced Utilities District have been obtained and are in the possession of the City. It is further acknowledged that works of improvement as proposed to be constructed within said Utilities District must be constructed within public rights -of -way, Iand or easements as owned by said City at the time of the construction of the works of improvement. EXECUTED this day of _,20 , at Newport Beach, California. STEPHEN G. BADUM, P.E. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA 13 1251 . . . � . PART V(C) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) CERTIFICATION OF COMPLETION OF ENN IRONMENTAL PROCEEDINGS CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned, under penaln• of perjury, CERTIFIES as follows: 1. The improvements to be constructed under the proceedings in Underground Utilities District No. 19 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under the provisions of Paragraph 15302, Class 2 (d) of "Guidelines For Implementation of the California Environmental Quality Act ", as adopted by the Secretary for Resources of the State of California, June 1992. 2. The undergrounding to be done under Underground Utilities District No. 19 is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act guidelines because the Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to the undergrounding, does not have a significant effect on the environment, and are declared to be categorically exempt. 3. A Notice of Exemption has been filed in the office of the County Clerk of Orange County, California. A copy of the Notice of Exemption marked Exhibit "C" is attached to this Report and is hereby made a part of this Report. 4. All environmental evaluation proceedings necessary for the formation of Underground Utilities District No. 19 have been completed to my satisfaction, and no further environmental proceedings are necessary. EXECUTED this day of K)CII V M'Q` 20 at Newport Beach, Califomia. S-TEPU,ZK G. BADUM, P. E. DIRECTOR OF PUBLIC WORKS CITY OF NEWPORT BEACH STATE OF CALIFORNIA 14 ENGINEER'S "REPORT" PART 1'I CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive d Cypress Street) PROPERTY OWNER INFORMATION w /ON -SITE UNDERGROUNDING COSTS On the following page is a spreadsheet listing property owner information including the Assessor's Parcel Number, and property owner's name, site address and mailing address for the receipt of notices regarding the Utilities District. Also included is the cost for undergrounding the on -site service lines from the existing overhead utility lines, in the public right -of -way that is proposed to be undergrounded, to the residence or other point of service. It is proposed that said on -site cost will be funded by City of Newport Beach Redevelopment money. The cost of removing utility poles and the undergrounding of overhead utility lines in the public right -of -way is to be paid by the Utilities District. Please note on the spreadsheet that certain lots have a zero ($0.00) on -site undergrounding cost. The on -site services lots on these certain lots were previously undergrounded and do not need to be done again. The source of the on -site undergrounding cost per lot is the report titled "Santa Ana Heights Redevelopment Utility Underground Project, Private Property Cost Estimates," prepared for the County of Orange by Joanna Futerman, Inc., and is dated December, 2000. The individual "per lot" estimates include private property costs for the underground utility service construction, structure retrofit (meter panels, etc.), and the repair /replacement of hardscape, walls, shrubbery, trees, and turf disturbed by the construction. Because of the passage of time between December, 2000 and January, 2009 when on -site private property construction is estimated to take place, and because of the recent cost increases in construction materials, an inflation factor of 30% has been added to the costs in the Futerman report and the updated costs are shown in this Report. Certain lots within the current Utilities District were added since the Futerman report was prepared or were otherwise not included in the said report. Those lots did not have an on -site cost in the report. Those lots that did not have an estimate included in the Futerman Cost Estimate report have had their on -site costs estimated separately for this Utilities District Report. Said additional cost estimates are shown in bold type in the attached spreadsheet. The amounts of the cost estimates for the additional lots are based on the average costs for undergrounding neighboring lots and do not account for greater or smaller amounts of hardscape and /or landscape that may need repair or replacement as a result of the undergrounding. 15 0 0 0 0 00 00 OD Oq c o o o 00. 0 00 0 °0 0 CR 00 °O,0 00, 00 S 00 OO O 00. 00 S °o OO o 0 0 b o 0 0 0 0 ''�:0 0 0 0 o D o O e 0 0 0 0 o O Om 0 0 v o O o c N o 0 0 0 0 0 0 p 0 0 0 0 0 O S S N GI GI N N 00 M'' M O N m O M M M O OS';�O M m 17 m N h O N' m m O OI O h h h m N N N N N N N p m y iJ _ ' O P m m 0 RA' h P h N h OI m m h O If m h m N m N m h N m m N< N m _ fD _ 10 h m 17 N N N N N N N N N N N N N N N N p p M M M M M M •RL.: M N N N � trArA.i y d g O O m O m m m O O N O O O O m O 0 0 0 0 0 0 0 0 0 0 m O 0 0 0 0 0 G N b O 0 0 P O O P O 0 ....... 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O O m D m m m N N n 0 N (D� yZ y U 0 0 0 0 0 0 0 I? Cf I? M m d,m a C6 and ad+dw G d N N v N N N o m N N N e e e a v e e e a m HARRY S. RiNKtiY —R -,V i '05 JUN-6 A 7 :10 June 2 2005 OFFICE OF THE CITY CLERA CITY OF -' WPrORT BEACH Subject: Underground Utility District No. 19 (Santa Ana Heights — Mesa Drive & Cypress Street) TO: HONORABLE MAYOR AND MEMBERS OF THE NEWPORT BEACH CITY COUNCIL I received a letter from your Public Works Department signed by a Patrick Arciniega advising of a public hearing on June 14, 2005 "to determine whether or not an Underground Utilities District (UUD) should be formed along Mesa Drive, Cypress Street and a portion of Orchard Drive in Santa Ana Heights ". Perhaps I am wrong, but the tone of the letter appeared to me to indicate that the public hearing was merely perfunctory and primarily to explain any details to the public. There was nothing in the notice and other documents to indicate that if a large majority of the people at the public hearing were opposed, that the project would then be abandoned. In other words, a public hearing for informative purposes is fine, but it would be outrageous if your Council were to permit a project of this size to proceed without receiving a full vote and consensus of the people in the district that are obligated for the assessments listed. I am strongly opposed to this development and I would be better served to fund a worthy charity for the $18,200.00 assessment that is proposed. A response to my letter would be welcome. Date V/Cc Copies Sent 10: . ay( r ,ou cil Member !.Tanager Ati LJ Stephen G. Badum, Director, Public Works Department] Homer Bludau, Manager, City of Newport Beach ❑ POST OFFICE BOX 7250 - NEWPORT BEACH, CALIFORNIA 92658 -7280 TEL: 714/979 -8300 - FAX: 714/979 -3327 *�D ! f 146 NOTICE OF PUBLIC HEARING PROPOSED UNDERGROUND UTILITIES DISTRICT NO 19 NOTICE IS HEREBY GIVEN that on Tuesday, June 14, 2005, at the hour of 7:00 P.M. in the Council Chambers of the City Hail of the City of Newport Beach, located at 3300 Newport Boulevard, Newport Beach, County of Orange, State of California, the City Council will hold a public hearing for the purpose of determining whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in that area of the City designated as: UNDERGROUND UTILITIES DISTRICT NO. 19 (SANTA ANA HEIGHTS — MESA DRIVE & CYPRESS STREET) For further information, reference is hereby made to the map showing the boundaries of the proposed Underground Utilities District No. 19, designated as Drawing No. SD -5067- S, dated May 24, 2005, which is on file in the office of the City Clerk, located in the City Hall. Notice is further given that the City of Newport Beach proposes to contribute $7,690,467.75 for the undergrounding of Southern California Edison and SBC facilities through funds allocated from the County of Orange for the Santa Ana Heights Redevelopment District (RDA). The cost of conversion from overhead services to underground services on private properties will also be funded by the City of Newport Beach through RDA funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. Any person interested in, or owning property within the proposed Underground Utilities District No. 19 may file with the City Clerk prior to the time fixed for the hearing, written protests or objections to the extent of the proposed district or to the proposed work or improvement and may present verbal protests at said hearing. �az<{cl titv�rzil�c� t� Ni pi 14 - �,�,-• � , f� ,�®� oil 16 LLB JJ an ��' i LaVonne M. Harkless, City Clerk I � f" ' City of Newport Beach, California Posffd UJ tWD locjt-tOvls b (l Its yaVli(l Vjyyk �vyi ltd Afo�- 5/a7 15 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, June 14, 2005, at the hour of 7:00 P.M. in the Council Chambers of the City Hall of the City of Newport Beach, located at 3300 Newport Boulevard, Newport Beach, County of Orange, State of California, the City Council will hold a public hearing for the purpose of determining whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in that area of the City designated as: UNDERGROUND UTILITIES DISTRICT NO. 19 (SANTA ANA HEIGHTS — MESA DRIVE & CYPRESS STREET) For further information, reference is hereby made to the map showing the boundaries of the proposed Underground Utilities District No. 19, designated as Drawing No. SD -5067- S, dated May 24, 2005, which is on file in the office of the City Clerk, located in the City Hall. Notice is further given that the City of Newport Beach proposes to contribute $7,690,467.75 for the undergrounding of Southern California Edison and SBC facilities through funds allocated from the County of Orange for the Santa Ana Heights Redevelopment District (RDA). The cost of conversion from overhead services to underground services on private properties will also be funded by the City of Newport Beach through RDA funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. Any person interested in, or owning property within the proposed Underground Utilities District No. 19 may file with the City Clerk prior to the time fixed for the hearing, written protests or objections to the extent of the proposed district or to the proposed work or improvement and may present verbal protests at said hearing. 2 LaVonne M. Harkless, City Clerk City of Newport Beach, California 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT COUNCIL AGENDA Na a- 1,x-1.5 Agenda Item No. 15 April 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parcineiga@city.newport-beach.ca.us SUBJECT: CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE RECOMMENDATION: Continue Public Hearing for the proposed Santa Ana Heights, until June 14, 2005 to presentation of revised Engineer's Report. DISCUSSION: Underground Assessment District No. 19, allow for noticing of a Public Hearing and A Public Hearing was originally scheduled for January 11, 2005 to decide whether to form an Underground Utilities District (UUD). The Hearing was continued until April 26, 2005 because of a legal and policy disagreement between the County of Orange's redevelopment counsel and our Special Counsel's opinion about the use of redevelopment funds for private property utility hook -ups. Currently, both counsels, the City Managers office, Council Member Daigle, and Supervisor Silva are in agreement on how to proceed with the formation and funding of this UUD. Staff recommends continuing the Public Hearing until June 14, 2005 so that property notice of the Public Hearing can be given. Environmental Review: A Notice of Exemption was completed October 22, 2004, and filed with the County Recorder on October 29, 2004. A Certificate of Environmental Proceedings was completed on November 9, 2004. Prep/ by Submitted b . Patr' L. Arc# ega �Stepfien . Bad um As ciate Engineer Public Works Director Attachments: Exhibit Showing District Boundaries ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - MESA DRIVE /CYPRESS STREET OPOLES TO BE REMOVED .` POLES ON PRIVATE PROPERTY y OVERHEAD LINES TO BE REMOVED NOT TO SC PAGE 1 OF 1 4/14/05 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 March 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parcineiga @city.newport- beach.ca.us SUBJECT: CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE RECOMMENDATION: Continue Public Hearing for the proposed Underground Assessment District No. 19, Santa Ana Heights, until April 26, 2005 when legal issues and use of RDA funds should be resolved between the County of Orange and City of Newport Beach. • DISCUSSION: A Public Hearing was originally scheduled for January 11, 2005 to decide whether to form an Underground Utilities District (UUD). The Hearing was continued until March 22, 2005 because of a disagreement between our Special Counsel's opinion about the use of redevelopment funds for private property utility hook -ups and the opinion of the County of Orange's Special Counsel. Currently, both counsels, the City Manager's office, Council Member Daigle, and Supervisor Silva are attempting to resolve this issue prior to holding the Public Hearing and forming the UUD. Staff recommends continuing the Public Hearing until April 26, 2005 when these issues should be resolved. Environmental Review: A Notice of Exemption was completed October 22, 2004, and filed with the County Recorder on October 29, 2004. A Certificate of Environmental Proceedings was completed on November 9, 2004. repared by: Submitted by: Patrick L. Arciniega Ste6 �eri G. Badum Associate Engineer �i�b is Works Director • Attachments: Exhibit Showing District Boundaries VZ BOUNDARY OF PROPOSED ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - MESA DRIVE /CYPRESS STREET 0 POLES TO BE REMOVED .� 0 POLES ON PRIVATE PROPERTY OVERHEAD LINES TO BE REMOVED ti No. TO SCALE PAGE 1 OF 1 1/7/05 zxz I � zz $ � t � zcoo 3 g t I6t3 329 IIJ: y72 J C�PR�4 SIREE! Iwo Lanz — v $ 3T9i VZ BOUNDARY OF PROPOSED ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - MESA DRIVE /CYPRESS STREET 0 POLES TO BE REMOVED .� 0 POLES ON PRIVATE PROPERTY OVERHEAD LINES TO BE REMOVED ti No. TO SCALE PAGE 1 OF 1 1/7/05 zxz I � zz � t � zcoo t I6t3 VZ BOUNDARY OF PROPOSED ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - MESA DRIVE /CYPRESS STREET 0 POLES TO BE REMOVED .� 0 POLES ON PRIVATE PROPERTY OVERHEAD LINES TO BE REMOVED ti No. TO SCALE PAGE 1 OF 1 1/7/05 • r1 U TO: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 February 22, 2005 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parcineiga @city.newport- beach.ca.us SUBJECT: CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE RECOMMENDATION: Continue Public Hearing for the proposed Underground Assessment District No. 19, Santa Ana Heights, until March 22, 2005 when legal issues and use of RDA funds should be resolved between the County of Orange and City of Newport Beach. DISCUSSION: A Public Hearing was originally scheduled for January 11, 2005 to decide whether to form an Underground Utilities District (UUD). The Hearing was continued until February 22, 2005 because of a disagreement between our Special Counsel's opinion about the use of redevelopment funds for private property utility hook -ups and the opinion of the County of Orange's Special Counsel. Currently, both counsels, the City Manager's office, Council Member Daigle, and Supervisor Silva are attempting to resolve this issue prior to holding the Public Hearing and forming the UUD. Staff recommends continuing the Public Hearing until March 22, 2005 when these issues should be resolved. Environmental Review: A Notice of Exemption was completed October 22, 2004, and filed with the County Recorder on October 29, 2004. A Certificate of Environmental Proceedings was completed on November 9, 2004. Prepared by: Patrick L. Arciniega Associate Engineer Attachments: Exhibit Showing District Submitted aries )phen G. Badum blic Works Director W :nz 1 I u.2 v i { I 2xo 1 1 1 1 N I Y 2v, 2161 2,e, vm an 2u, 2.1 Y v Y C un ae: 2a, 2111 Mi 2x1 1 1 2. 2.1 vn, 1 1 .12 1 zsx a S m 2.0, 1 a i 2.12 x„ smFFr 2M BOUNDARY OF PROPOSED ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - MESA DRIVE /CYPRESS STREET 0 POLES TO BE REMOVED rw O POLES ON PRIVATE PROPERTY OVERHEAD LINES TO BE REMOVED NOT TO SSN PAGE 1 OF 1 1/7/05 1 111111101 smFFr 2M BOUNDARY OF PROPOSED ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - MESA DRIVE /CYPRESS STREET 0 POLES TO BE REMOVED rw O POLES ON PRIVATE PROPERTY OVERHEAD LINES TO BE REMOVED NOT TO SSN PAGE 1 OF 1 1/7/05 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 January 11, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parcineiga @city.newport- beach.ca. us SUBJECT: PROPOSED UNDERGROUND UTILITIES DISTRICT (UUD) NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. RECOMMENDATION: Open the public hearing, receive testimony, and close public hearing. • 2. Thereafter, take one of the following actions: A. Adopt Resolution No. 2005 - establishing Underground Utility District No. 15. B. Abandon the district proceedings. DISCUSSION: The community of Santa Ana Heights (SAH), acting through the Santa Ana Heights Project Advisory Committee (SAHPAC) first requested the County of Orange to form an Underground Utilities District (UUD) in 1995. The primary reason cited for the formation of an UUD was the fact that power poles stand in the middle of the horse bridle paths along Cypress Street and Mesa Drive. In addition, there are also poles in the sidewalk areas of both streets forcing riders and pedestrians to walk into the street to move around the poles. These streets are the community's primary equestrian trails and access routes to Upper Newport Bay Regional Park. On July 31, 2002 the Orange County Board of Supervisors directed the County's Public Facilities and Resources Department (PFRD) to prepare a report on the formation of an UUD in eastem SAH using the area's redevelopment (RDA) funds. In June 2003, homeowners in SAH were sent information on this preliminary report. In July 2003, the City of Newport Beach officially annexed this area, and in doing so, became the more • appropriate authority to actually create the UUD for the area. SUBJECT: Underground Utility District No. 19 (Santa Ana Heights — Mesa Dr., Cypress St. and Orchard St.) January 11, 2004 Page 2 Still using promised redevelopment funds, the City has moved forward with this project and hired GFB- Friedrich in July 2004 to prepare a map and Underground Utilities Report to explain the scope of the project and the impact to area residents and business. City staff and the contractor met with the SAHPAC in August 2004 to discuss the plans. The PAC was very supportive of the overall effort. Following the consent of the County, the City intends to use the RDA funds from the SAH Project Area to completely fund the design, construction and conversion of private property services for this District. On November 23, 2004 City Council set a public hearing for January 11, 2005, to consider the formation of UUD -19 pursuant to Section 15.32 of the Newport Beach Municipal Code. Underground Utility District No. 19 is not an assessment district and does 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 apprise the property owners of the proceedings, a letter was forwarded to all affected property owners on November 29, 2004 with copies of the Engineer's Report, Staff Report dated November 23, 2004, and Notice of Public Hearing for January 11, 2004. In addition, an informational meeting was held on December 7, 2004 at the Eddie Martin Meeting Room at 3160 Airway Avenue in Costa Mesa for SAHPAC and members of the community. Signs of the Notice of Public Hearing were also posted throughout the area on December 22, 2004. The City has received no protest letters as of January 3, 2005. After the District is formed, the City will be required to make an advance payment to SCE and SBC for design of the underground system. Once the plans have been completed and finalized, construction may be scheduled. The following is a tentative schedule for proposed Underground Utilities District No. 19: • Council Action to Set Public Hearing for UUD November 23, 2004 • Property Owner Information Meeting December 7, 2004 • Public Hearing January 11, 2005 • Utilities Design Project Feb. 2005 - Aug. 2006 • Public Utilities Commence Work Jan. 2007 • Private Property Conversions Begin Sept. 2007 • Private Property Conversions Complete March 2008 • Overhead Utilities Removed June 2008 • • • SUBJECT: Underground Utility District No. 19 (Santa Ana Heights — Mesa Dr., Cypress St. and Orchard St.) January 11, 2004 Page 3 • Environmental Review: A Notice of Exemption was completed October 22, 2004, and filed with the County Recorder on October 29, 2004. A Certificate of Environmental Proceedings was completed on November 9, 2004. Prepared by: I Z" � aoo�c �-� Patrick L. Arciniega Associate Engineer Attachments: 1. Exhibit Showing District Boundaries 2. Resolution Finding On Petition 3. Engineers Report • • Submitted by: :n t.7. bauum Works Director ,W+ m 2141 2,e+ z+e+ z+u z,m IItt ua ;; zzz� 24 1421 nn H2 9 2+n z,u � 2zm � 141 ass - CPR65 sm:tr e s a e BOUNDARY OF PROPOSED ASSESSMENT DISTRICT UNDERGROUND UTILITY DISTRICT NO.19 SANTA ANA HEIGHTS - IVIESA DRIVE/CYPRESS STREET 0 POLES TO BE REMOVED �� O POLES ON PRIVATE PROPERTY y OVERHEAD LINES TO BE REMOVED NOSTOSCME PAGE 1 OF 1 1219/04 • 0 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING UNDERGROUND UTILITIES DISTRICT 19 (SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND PORTION OF ORCHARD 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 November 23, 2004, the City Council took action to set a public hearing for the 11th of January 2005, 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. 19 (Santa Ana Heights Mesa Drive, Cypress Street and a portion of Orchard 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. 19, 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: Those parcels. of land located in the City of Newport Beach, County of Orange, State of California, described as a whole as follows: Mesa Drive, Cypress Street, and Orchard Street — right -of -way including properties that are adjacent to these rights -of -way. For reference, the boundary line of the land described above is shown on City of Newport Beach Drawing No. SD- 5067 -S, on file in the office of the Public Works Department. The City Council further finds that: 2. (A) Mesa Drive, Cypress Street and Orchard Drive along which the work is to be performed are extensively used by the general public and carries a heavy volume of pedestrian, equestrian and vehicular traffic; and • (B) Cypress Street and Mesa 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. 19, 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 30, 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 effective date, in accordance with Section 15.32.080 of the Newport Beach Municipal Code. ADOPTED this _ day of 2005. Mayor ATTEST: City Clerk • F :1USERS\PBVV\PArciniega\AD\UUDI g ResolEstablishUUD- UUD19.doc r 1 L J ENGINEER'S REPORT for UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) for the CITY OF NEWPORT BEACH Preliminary City Council Action: November 23, 2004 Public Hearing: 0 C� r1 ,J • AGENCY: CITY OF NEWPORT BEACH PROJECT: UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTION 15.32 OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE Pursuant to the provisions of Section 15.32, "Underground Utilities" of the Municipal Code of the City of Newport Beach, and in accordance with the action described in a Minute Order dated yjr v F wta r:-: .2-3, 2-o c) A adopted by the CITY COUNCIL of the CITY OF NEWPORT BEACH, STATE OORNIA, in connection with the proceedings for UNDERGROUND UTILITIES DISTRICT NO. 19, (Mesa Drive & Cypress Street) (hereinafter referred to as the "Utilities District "), I, JOHN A. FRIEDRICH, authorized representative of GFB- FRIEDRICH & ASSOC., INC., the duly appointed ENGINEER, submit herewith the "Report" for the Utilities District, consisting of five (5) parts as follows: • PART Plans and specifications for the proposed improvements. Said plans and specifications are currently in the design phase. When said plans and specifications are completed, they will become a part of the record on file with the City Clerk. PART II An estimate of the cost of the proposed works of improvement, including incidental costs and expenses in connection therewith. PART III A summary of the procedures required to produce this Report and a certification as to the correctness of the Report, to the extent that the facts and information have been presented. PART IV A map showing the Utilities District, the boundaries and the locations of the subdivisions of land within said Utilities District designated by street address, as the same existed at the time of the passage of the Resolution of Intention. • PART V • This Part consists of the following information: A. Description of the work for the proposed improvements. B. Right -of -way certificate. C. Environmental certification. PART V A property owner information list including an estimated cost for the undergrounding of the utility service lines on private property. Dated this 9Z-4 day of ljlalle44 er, 20 f - t 5SI Rim GFB- FRIEDRICH & ASSOC., INC. 0 No.. 27861 • * ' Ep.3 /31/ /3t /o6 _ CIVIL /XENGINEER • 2 • Preliminary Approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, California, on the 2- '2-? day of Wo E ' YS1 =2 , 20P4. • • CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Final Approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, California, on the day of , 20_ 3 CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA ENGINEER'S "REPORT" • PART I CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & gpress Street) PLANS AND SPECIFICATIONS The design of the construction plans and specifications for this project will start when the Utilities District is formed. When the final plans and specifications which describe the general nature, location, and extent of the improvements for this Utilities District are completed, they will be filed in the office of the City Clerk and in the office of the Public Works Department. • n LJ 0 • 0 ENGINEER'S "REPORT" PART H CITY OF NEWPORT BEACH UNDERGROUND UTILITY DISTRICT NO, 19 (Mesa Drive & Cypress &reep PRE FREI ARY ESTIMATE OF PROBABLE CONSTRUCTION COSTS Costs re tmtnary Esurnate w1 d= SCE ITCC Tax With SCE ITCC Tmu -- A. CONSTRUCTION COSTS 1. Southern California Edison Electrict Transmission Facilities Install ducts, substructures, wires & cables $1,835,241.60 $1,835,241.60 Electric Distribution Facilities Install ducts, substructures. wires & cables $849,300.00 $849,300.00 SCE ITCC Tax ** $590,599.15 Subtotal, Southern California Edison Costs: Without SCE ITCC Tax $2,684,541.60 With SCE ITCC Tax $3,275,140.75 2. SBC Telephone Service Facilities Install ducts & substructures, joint trench with SCE & CAN $779,271.00 $779,271.00 Install wires & cables (allow 20%) $155,854.00 $155,854.00 Subtotal, SBC Costs $935,125.00 $935,125.00 3. ADELPHIA Cable Television Service Facilities Install duds & substructures, joint trench with SCE & SBC 570,267.00 570,267.00 Install wires & cables (allow 20 %) $114,053.00 $114,053.00 Subtotal, Adelphia Costs $684.320.00 $684.320.00 Subtotal, Construction $4,303,986.60 $4,894,585.75 Construction Contingencies (15%) 645.597.99 734.18186 TOTAL CONSTRUCTION COSTS 54,949,584.59 * ** $5,628,773.61 * ** B. INCIDENTAL COSTS 1. Design Engineering (SCE) $58,800.00 $58,800.00 2. Design Engineering (Pac Bell) 24,000.00 24,000.00 3. Engineer 20,000.00 20,000.00 4. Construction Inspection 40,000.00 40,000.00 5a. City Administration - Public Works 16,900.00 19,500.00 5b. City Administration - Finance 1,000.00 1,000.00 6. Contingencies 17,$90,00 18,100. Subtotal, Incidentals $178,500.00 $181,400.00 TOTAL DISTRICT COSTS, Construction & Incidentals $5,128,084.59 $5,810,173.61 * Adelphia Cable is required to pay for undergrounding through the Franchise Agreement with the City. ** ITCC = Income Tax Component of Contribution (22 %). • [Section 16(b) of IRS Code) * ** The preliminary construction estimate given above is based on orders of magnitude costs and preliminary design. When the final plans are complete, the final construction costs will be known and may be amended at such time. ENGINEER'S "REPORT" • PART III CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) WHEREAS, on NGV1111Z 23, 20_LZ�_, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, did, pursuant to the provisions of Section 15.32, "Underground Utilities" of the Municipal Code of the City of Newport Beach, take an action, described by a Minute Order dated ti /2 3c) , for the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special district known and designated as UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street), hereinafter referred to as the "Utilities District "); and, WHEREAS, said Minute Order, as required by law, did direct the appointed Director of Public Works to make and file a "Report", consisting of the following: • a. Preliminary plans; b. Preliminary specifications; c. Preliminary estimate of probable construction costs; d. Boundary Map of the Underground Utilities District and the subdivisions of land contained therein; and e. An estimated cost for the on -site undergrounding of the utility service lines; the financial responsibility for which normally rests with the owner of each property requiring service line undergrounding within the boundary of the district. However, in this case the City of Newport Beach has determined that the funding for the on -site conversion of overhead to underground services will be financed with Redevelopment money. For particulars, reference is made to the City Council action as previously adopted and described in said Minute Order. NOW, THEREFORE, I, JOHN A. FRIEDRICH, the duly appointed Engineer, pursuant to Section 15.32 of the City of Newport Beach Municipal Code, do hereby submit the following: • N. • I. I, pursuant to the provisions of law and the Minute Order, have reviewed the costs and expenses of the works of improvement to be performed in the Utilities District upon the parcels of land in the Utilities District. For particulars to the identification of said parcels, reference is made to the Boundary Map, a copy of which is attached hereto. 11 r 1 LJ 2. A Boundary Map is hereto attached, showing the Utilities District, as well as the boundaries and street addresses of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said action. 3. This Utilities District was originally proposed for the Santa Ana Heights area by the Orange County Development Agency in June of 2003 while the land within the project area was still under Orange County jurisdiction, before it was annexed into the City of Newport Beach. At that time, RDA monies were allocated for this project under Section 7 -11-4 (a) of the Orange County Underground Utility Districts Ordinance that states that if the Board determines that undergrounding is in the general public interest because "such undergrounding will avoid or eliminate an unusually heavy concentration of overhead facilities" then the Board shall, by resolution, declare the designated area an underground utility district and shall order the removal of the overhead facilities, and undergrounding of said facilities. The utilities district was not formed at that time. On July 1, 2003, the area was annexed into the City of Newport Beach, with the County of Orange pledging to pass said RDA monies to the City for the purpose of undergrounding the electric, telephone and cable TV facilities in the public right -of -way, as originally intended. The City in turn is intending to form the Utilities District under its Municipal Code as described in this Report. The City will add any additional funding that is necessary from their Redevelopment funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. 4. Project Cost Estimates a. The following Estimate Summary is based on costs updated to the present and includes facilities that will be undergrounded within the public right -of -way, and does not include on -site private property service conversion (undergrounding). ESTIMATE SUMMARY (with ITCC Tax) Estimated Cost of Construction: Estimated Incidental Costs and Expenses: Estimated Total Cost: Estimated Contribution: Project Balance: W $ 5,628,773.61 $ 181,400.00 $ 5,810,173.61 $ 0.00 $ 5,810,173.61 For particulars as to the project cost estimate for facilities within the public right - of -way, reference is made to Exhibit II attached hereto. The source of funds for the undergrounding of the existing overhead facilities in the public right -of -way are pledged by the County of Orange to the City of Newport Beach. b. The City of Newport Beach has determined that it will finance the conversion of overhead electric, telephone and cable TV services to underground services on private property with City Redevelopment funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. CERTIFICATION I, the undersigned Engineer, do hereby certify that the information contained within this report is true and correct, to the extent that the facts and information have been presented to me. D' // 'iii" 0/' GFB-FlIEMICA I 9 0 • I, aspCIT CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, togeth, gr with the Boundary ap attached thereto, was filed in my office on the day of 200 iiQ�� V r-1)(2-CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, , as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Map attached thereto, was approved by the City Council of said City on the day of , 20 CITY CLERK • CITY OF NEWPORT BEACH STATE OF CALIFORNIA • I, STEPHEN G. BADUM, P.E., as SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Map attached thereto, was recorded in my office on the day of tinUL�xAP -rat 20,04. 0 XTENDENT OF STREETS F NEWPORT BEACH OF CALIFORNIA ENGINEER'S "REPORT" PART IV • CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) BOUNDARY MAP A copy of the Boundary Map is on file in the Office of the City Clerk of the City of Newport Beach. Please refer to the following page for a reduced -size copy of said map. The Boundary Map shows the exterior boundary of the District and the address for each parcel of land within the District. Reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel or lot within the District. • n LJ 10 e - « 6 .B z 0 e �2 x§55 w0� \6 \�/ `20m EM `® -1 w &W \�o< 0 2 2§§/ CC �} § . / \ z ° . � . % _ \ G}/ � ^� g $ . \}" •: � � ��� , • ENGINEER'S REPORT PART V (A) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) DESCRIPTION OF WORKS OF IMPROVEMENT, TIME ESTIMATE The following improvements are proposed to be constructed and installed in street rights -of- way along Cypress Street, Mesa Drive and Orchard Drive. 1. Removal of 55 existing power and telephone poles. 2. Removal of high voltage power lines, local power lines, telephone lines, and cable TV lines hanging between the poles to be removed. 3. Construction of approximately 9,800 linear feet each of mainline underground power, telephone conduit and cable TV conduit with appurtenant vaults, manholes and pullboxes. . 4. Construction of required service conduit and appurtenances to private property lines for 103 parcels and lots within the District. 5. Conversion of on -site overhead private property service drops to underground services for the 81 properties that have not previously been converted ( undergrounded). The improvements will be designed and constructed by the Southern California Edison Company (electric), SBC (telephone) and Adelphia (cable TV). The City of Newport Beach will inspect the work for conformance to applicable City standards and specifications. Once completed, the underground electric, telephone and cable TV facilities will become the property and responsibility of Southern California Edison, SBC and Adelphia, respectively. Each owner of property located within the Utilities District will be responsible for making hisiher property available for the conversion of overhead service drops to underground services. It is anticipated that the utility companies will construct their respective on -site underground services through the use of private contractors under contract to them. An undergrounding project of this size and scope typically takes about two (2) years to design and review. The estimated time for completion of the undergrounding of the utilities and on- site services will be approximately one and one -half (1 -1/2) years from the approval of construction plans to the final removal of the overhead wiring and removal of utility poles. The . construction sequence starts with the construction of the underground facilities and on -site services, then proceeds to the transfer of the respective services from the overhead facilities to the new underground facilities, and is completed with the removal of the overhead wiring and utility poles. The general locations of the existing facilities to be undergrounded are shown on the Boundary • Map in Part IV of this "Report. " r 1 U C� 12 • ENGINEER'S "REPORT" PART V(B) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & gpress Street) RIGHT -OF -WAY CERTIFICATE CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is true and correct. At all times herein mentioned, the undersigned was, and now is, the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Section 15.32 of the City of Newport Beach Municipal Code, for the construction of certain public improvements in an • undergrounding utilities district known and designated as UNDERGROUND UTILITIES DISTRICT No. 19 (Mesa Drive & gpress Street) (hereinafter referred to as the "Utilities District "). • THE UNDERSIGNED STATES AND CERTIFIED AS FOLLOWS: That all easements, rights -of -way or land necessary for the accomplishment of the works of improvement for the above - referenced Utilities District have been obtained and are in the possession of the City. It is further acknowledged that works of improvement as proposed to be constructed within said Utilities District must be constructed within public rights -of -way, land or easements as owned by said City at the time of the construction of the works of improvement. EXECUTED this 3 day of Jk+ -vVRy , 20 c)>, at Newport Beach, California. 13 G. BADUM, P.E. E NTENDENT OF STREETS OF NEWPORT BEACH ATE OF CALIFORNIA ENGINEER'S "REPORT" • PART V(C) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & gpress Street) CERTIFICATION OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned, under penalty of perjury, CERTIFIES as follows: 1. The improvements to be constructed under the proceedings in Underground Utilities District No. 19 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under the provisions of Paragraph 15302, Class 2 (d) of "Guidelines For Implementation of the California Environmental Quality Act ", as adopted by the Secretary for Resources of the State of California, June 1992. • 2. The undergrounding to be done under Underground Utilities District No. 19 is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act guidelines because the Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to the undergrounding, does not have a significant effect on the environment, and are declared to be categorically exempt. 3. A Notice of Exemption has been filed in the office of the County Clerk of Orange County, California. A copy of the Notice of Exemption marked Exhibit "C" is attached to this Report and is hereby made a part of this Report. 4. All environmental evaluation proceedings necessary for the formation of Underground Utilities District No. 19 have been completed to my satisfaction, and no further environmental proceedings are necessary. EXECUTED this 10 day of t,, n V c M Eeg , 20 D,�_, at Newport Beach, California. rOR OF PUBLIC WORKS • F NEWPORT BEACH OF CALIFORNIA 14 • ENGINEER'S "REPORT" PART VI CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) PROPERTY OWNER INFORMATION w /ON -SITE UNDERGROUNDING COSTS On the following page is a spreadsheet listing property owner information including the Assessor's Parcel Number, and property owner's name, site address and mailing address for the receipt of notices regarding the Utilities District. Also included is the cost for undergrounding the on -site service lines from the existing overhead utility lines, in the public right -of -way that is proposed to be undergrounded, to the residence or other point of service. It is proposed that said on -site cost will be funded by City of Newport Beach Redevelopment money. The cost of removing utility poles and the undergrounding of overhead utility lines in the public right -of -way is to be paid by the Utilities District. • Please note on the spreadsheet that certain lots have a zero ($0.00) on -site undergrounding cost. The on -site services lots on these certain lots were previously undergrounded and do not need to be done again. The source of the on -site undergrounding cost per lot is the report titled "Santa Ana Heights Redevelopment Utility Underground Project, Private Property Cost Estimates," prepared for the County of Orange by Joanna Futerman, Inc., and is dated December, 2000. The individual "per lot" estimates include private property costs for the underground utility service construction, structure retrofit (meter panels, etc.), and the repair /replacement of hardscape, walls, shrubbery, trees, and turf disturbed by the construction. Because of the passage of time between December, 2000 and early October, 2004, and because of the recent cost increases in construction materials, an inflation factor of 15 % has been added to the costs in the Futerman report and the updated costs are shown in this Report. Certain lots within the current Utilities District were added since the Futerman report was prepared or were otherwise not included in the said report. Those lots did not have an on -site cost in the report. Those lots that did not have an estimate included in the Futerman Cost Estimate report have had their on -site costs estimated separately for this Utilities District Report. Said additional cost estimates are shown in bold type in the attached spreadsheet. The amounts of the cost estimates for the additional lots are based on the average costs for undergrounding neighboring lots and do not account for greater or smaller amounts of hardscape and /or landscape that may need repair or replacement as a result of the undergrounding. 15 E • 40 m S88S S 8 8 888888880 88o0SSSS88888O S 8 888 S 8N 8N 80 o0 8M 8N S 8P SN 8m 8D✓ bSO p0 ppw C5 10 00 00 0OC2 00 Ow N w 0 N N O m 0 0 N C m U 017 N a 1" I� m 1"1 P N N 6 N w N N N N N 1C w w w w w w w w w w w w w w w w w w "1 ' t N 0 0 N N 0 m O N N V V M N ^ C P w � wMw w . 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V LL W 2 2 2 2 z 2 2 2 2 2 2 z 2 � Z 'Y m O 0 m p> m m m m m m m m �_ i >m > > C 'C 'C C Y 'C 'C m 'C 'C 'C W y y 0000000 O O o ry I7 N 10 m m O C t7 �- N N N N N N O O C ON NO ry ry N N N N N N N N N yF Y K m 3 03m % m L It F Q C y z g Om rcsm 'oa 1 3pm w p'm m c H W t o 0.2 �m't CZ � Z a'V gox��$� =hod rt z IQ mIo 10 N m N ID N N N � N N d C6 6 C6 6 m • • • • 11 • CITY OF NEWPORT. BEACH CITY COUNCIL STAFF REPORT COUNCIL AGENDA ( _5.O ) Agenda Item No. 14 November 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3311 parcineiga @city. newport-beach. ca.us SUBJECT: PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 - SANTA ANA HEIGHTS (AREA BOUNDED BY MESA DRIVE, CYPRESS STREET, AND A PORTION OF ORCHARD DRIVE) RECOMMENDATION: Schedule a public hearing for 7:00 P.M. on January 11, 2005, to determine whether or not an Underground Utilities District should be formed in Santa Ana Heights along Mesa Drive, Cypress Street, and a portion of Orchard Drive, using the procedure of Chapter 15.32 of the Municipal Code. DISCUSSION: The community of Santa Ana Heights (SAH) acting through the Santa Ana Heights Project Advisory Committee (SAHPAC) first requested the County of Orange to form an Underground Utilities District (UUD) in 1995. The primary reasons cited for the formation of an UUD were the fact that power poles stand in the middle of the horse bridle paths along Cypress Street and Mesa Drive. In addition, there are poles in the sidewalk areas of both streets as well. The community wants the poles placed underground so that riders and pedestrians will not be forced to walk into the street to move around the poles. These streets are the community's primary equestrian trails and access routes to Upper Newport Bay Regional Park. On July 31, 2002, the Orange County Board of Supervisors directed the County's Public Facilities and Resources Department (PFRD) to prepare a report on the formation of an UUD in eastern SAH using the area's redevelopment (RDA) funds. In June 2003, homeowners in SAH were sent information on this preliminary report. In July 2003, the City of Newport Beach officially annexed Santa Ana Heights, and in doing so, became the more appropriate authority to create the UUD for the area. Still using promised redevelopment funds, the City moved forward with this project and hired GFB- Friedrich in July 2004 to prepare a map and Underground Utilities Report to SUBJECT: Underground Utility District No. 19 - Santa Ana Heights (Area Bounded By: Mesa Drive, Cypress Street and Orchard Drive) November 23, 2004 Page 2 explain the scope of the project and the impact to area residents and business. City staff . and the consultant met with the SAHPAC in August 2004 to discuss our plans. The SAHPAC was very supportive of the overall effort. We have scheduled an informal information meeting to discuss the project and the impacts of the UUD designation at the following time and place: December 7, 2004 6:30 P.M. Eddie Murphy Room John Wayne Airport Administrative Building Following the consent of the County, the City intends to use the RDA funds from the Santa Ana Heights Project Area to completely fund the design, construction, and conversion of private property services for this District. After the District is formed at the Public Hearing�the City will be required to make advance payments in the amount of $58,800 to Southern California Edison (SCE) and $24,000 to SBC for the design of their underground systems. Once the plans have been completed and finalized, construction can be scheduled. Following is a tentative schedule for proposed Underground Utilities District No. 19: • Council Action to Set Public Hearing for UUD • Property Owner Information Meeting • Public Hearing • Utilities Design Project • Public Utilities Commence Work • Private Property Conversions Begin • Private Property Conversions Complete • Overhead Utilities Removed Environmental Review: November 23, 2004 December 7, 2004 January 11, 2005 February 2005 - August 2006 January 2007 September 2007 March 2008 June 2008 A Notice of Exemption was completed October 22, 2004 and filed with the County Recorder on October 29, 2004. A Certificate of Environmental Proceedings was completed on November 9, 2004. Prepared by: Patrick L. Arciniega Associate Engineer Attachments: Submitted by: / to " en d. Badum L — 'Public Works Director 1] 1. Exhibit Showing District Boundaries 2. Resolution Finding On Petition • 3. Engineer's Report 0 ENGINEER'S REPORT for UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) for the CITY OF NEWPORT BEACH Preliminary City Council Action: Public Hearing: rJ November 23, 2004 AGENCY: CITY OF NEWPORT BEACH PROJECT: UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) TO: CITY COUNCIL ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF SECTION 15.32 OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE Pursuant to the provisions of Section 15.32, "Underground Utilities" of the Municipal Code of the City of Newport Beach, and in accordance with the action described in a Minute Order dated adopted by the CITY COUNCIL of the CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, in connection with the proceedings for UNDERGROUND UTILITIES DISTRICT NO. 19, (Mesa Drive & Cypress Street) (hereinafter referred to as the "Utilities District "), I, JOHN A. FRIEDRICH, authorized representative of GFB- FRIEDRICH & ASSOC., INC., the duly appointed ENGINEER, submit herewith the "Report" for the Utilities District, consisting of five (5) parts as follows: PART . Plans and specifications for the proposed improvements. Said plans and specifications are currently in the design phase. When said plans and specifications are completed, they will become a part of the record on file with the City Clerk. PART II An estimate of the cost of the proposed works of improvement, including incidental costs and expenses in connection therewith. '•' II A summary of the procedures required to produce this Report and a certification as to the correctness of the Report, to the extent that the facts and information have been presented. PART IV A map showing the Utilities District, the boundaries and the locations of the subdivisions of land within said Utilities District designated by street address, as the same existed at the time of the passage of the Resolution of Intention. • • PART V This Part consists of the following information: A. Description of the work for the proposed improvements. B. Right -of -way certificate. C. Environmental certification. PART V A property owner information list including an estimated cost for the undergrounding of the utility service lines on private property. Dated this 9Z-4 day of /1O!/Erlt 200 - �?+ GFB- FRIEDRICH & ASSOC., INC. • No..C27661 *. D H, P.E. Exp. 3. /31/06 �. CIVIL a�. ENGINEER 2 Preliminary Approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, California, on the day of 120. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA Final Approval by the CITY COUNCIL of the CITY OF NEWPORT BEACH, California, on the day of '20—. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 3 • • 11 • ENGINEER'S "REPORT" PART CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) PLANS AND SPECIFICATIONS The design of the construction plans and specifications for this project will start when the Utilities District is formed. When the final plans and specifications which describe the general nature, location, and extent of the improvements for this Utilities District are completed, they will be filed in the office of the City Clerk and in the office of the Public Works Department. 0 ENGINEER'S "REPORT" . PART H CITY OF NEWPORT BEACH UNDERGROUND UTILITY DISTRICT NO. 19 rMeta Drive & Cjprws &reer) PRELIMLNARY ESTIMATE OF PROBABLE CONSTRUCTION COSTC Costs Preliminary Esnmate without SCE ITCC Tax with SCE ITCC Tax -.. A. CONSTRUCTION COSTS 1. Southern California Edison Electrict Transmission Facilities Install ducts, substructures, wires & cables . $1,835,241.60 $1,835,241.60 Electric Distribution Facilities Install ducts, substructures, wires & cables $849,300.00 $849,300.00 SCE ITCC Tax ** $590,599.15 Subtotal, Southern California Edison Costs: Without SCE ITCC Tax $2,684,541.60 With SCE ITCC Tax $3,275,140.75 2. SBC Telephone Service Facilities Install ducts & substructures, joint trench with SCE & CAN $779,271.00 $779,271.00 Install wires & cables (allow 20 %) $155,854.00 $155,854.00 Subtotal, SBC Costs $935,125.00 $935,125.00 3. ADELPHLA Cable Television Service Facilities Install ducts & substructures, joint trench with SCE & SBC 570,267.00 570,267.00 Install wires & ables (allow 20 %) $114,053.00 $114,053.00 Subtotal, Adelphia Costs iii $684.320.00 5684.320.00 Subtotal, Construction $4,303.986.60 $4,894,585.75 Construction Contingencies (15 %) 645.597.99 734.187.86 TOTAL CONSTRUCTION COSTS 54,949,554.59 * ** 55,628,773.61 * ** B. INCIDENTAL COSTS 1. Design Engineering (SCE) $58,800.00 $58,800.00 2. Design Engineering (Pac Bell) 24,000.00 24,000.00 3. Engineer 20,000.00 20,000.00 4. Construction Inspection 40,000.00 40,000.00 5a. City Administration - Public Works 16,900.00 19,500.00 So. City Administration - Finance 1,000.00 1,000.00 6. Contingencies 17.800 00 18,100-00 Subtotal, Incidentals L$5$128,084.59 78,500.00 $181,400.00 TOTAL DISTRICT COSTS, Construction & Incidentals $5,810,173.61 * Adelphia Cable is required to pay for undergrounding through the Franchise Agreement with the City. 0 u ** ITCC = Income Tax Comooncnt of Contribution (22 %). [Section 18Co) of MS Code] • * ** The preliminary construction estimate given above is based on orders of magnitude costs and preliminary design. When the final plans are complete, the final construction costs will be }mown and may be amended at such time. • ENGINEER'S "REPORT" PART III CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) PROCEDURAL SUMMARY WHEREAS, on 20_, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, did, pursuant to the provisions of Section 15.32, "Underground Utilities" of the Municipal Code of the City of Newport Beach, take an action, described by a Minute Order dated , for the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special district known and designated as UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street), hereinafter referred to as the "Utilities District "); and, WHEREAS, said Minute Order, as required by law, did direct the appointed Director of • Public Works to make and file a 'Report", consisting of the following: a. Preliminary plans; b. Preliminary specifications; c. Preliminary estimate of probable construction costs; d. Boundary Map of the Underground Utilities District and the subdivisions of land contained therein; and e. An estimated cost for the on -site undergrounding of the utility service lines; the financial responsibility for which normally rests with the owner of each property requiring service. line undergrounding within the boundary of the district. However, in this case the City of Newport Beach has determined that the funding for the on -site conversion of overhead to underground services will be financed with Redevelopment money. For particulars, reference is made to the City Council action as previously adopted and described in said Minute Order. •NOW, THEREFORE, I, JOHN A. FRIEDRICH, the duly appointed Engineer, pursuant to Section 15.32 of the City of Newport Beach Municipal Code, do hereby submit the following: G 1. I, pursuant to the provisions of law and the Minute Order, have reviewed the costs and expenses of the works of improvement to be performed in the Utilities District upon the parcels of land in the Utilities District. For particulars to the identification of said parcels, reference is made to the Boundary Map, a copy of which is attached hereto. 2. A Boundary Map is hereto attached, showing the Utilities District, as well as the boundaries and street addresses of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said action. 3. This Utilities District was originally proposed for the Santa Ana Heights area by the Orange County Development Agency in June of 2003 while the land within the project area was still under Orange County jurisdiction, before it was annexed into the City of Newport Beach. At that time, RDA monies were allocated for this project under Section 7 -11-4 (a) of the Orange County Underground Utility Districts Ordinance that states that if the Board determines that uadergrounding is in the general public interest because "such undergrouadiag will avoid or eliminate an unusually heavy concentration of overhead facilities" then the Board shall, by resolution, declare the designated area an underground utility district and shall order the removal of the overhead facilities, and uadergrouading of said facilities. The utilities district was not formed at that time. On July 1, 2003, the area was annexed into the City of Newport Beach, with the County of Orange pledging to pass said RDA monies to the City for the purpose of uadergrouading the electric, telephone and cable TV facilities in the public right -of -way, as originally intended. The City in turn is intending to form the Utilities District under its Municipal Code as described in this Report. The City will add any additional funding that is necessary from their Redevelopment funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. 4. Project Cost Estimates a. The following Estimate Summary is based on costs updated to the present and includes facilities that will be undergrounded within the public right -of -way, and does not include oa -site private property service conversion (undergrounding). ESTIMATE SUMMARY (with ITCC Tax) Estimated Cost of Construction: Estimated Incidental Costs and Expenses: Estimated Total Cost: Estimated Contribution: Project Balance: 7 $ 5,628,773.61 $ 181,400.00 $ 5,810,173.61 $ 0,00 $ 5,810,173.61 C] • 0 • For particulars as to the project cost estimate for facilities within the public right - of -way, reference is made to Exhibit II attached hereto. The source of funds for the undergrounding of the existing overhead facilities in the public right -of -way are pledged by the County of Orange to the City of Newport Beach. b. The City of Newport Beach, has determined that it will finance the conversion of overhead electric, telephone and cable TV services to underground services on private property with City Redevelopment funds pursuant to Sections 33440 and 33445 of the Health and Safety Code. CERTIFICATION I, the undersigned Engineer, do hereby certify that the information contained within this report is true and correct, to the extent that the facts and information have been presented to me. GFB- FRIEDRICH & ASSOC., INC. 9 PT I ashCIT CLERK of the CITY OF NEWPORT BEACH, • CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Nap attached thereto, was filed in my office on the tOT�t day of i7���, 20. Ora_.CITY CLERIC CITY OF NEWPORT BEACH STATE OF CALIFORNIA I, , as CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Map attached thereto, was approved by the City Council of said City on the day of '20 CITY CLERK CITY OF NEWPORT BEACH • STATE OF CALIFORNIA I, STEPHEN G. BADUM, P.E., as SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA, do hereby certify that the foregoing report, together with the Boundary Map attached thereto, was recorded in my office on the I_(( day of o 20iO4- XTENDENT OF STREETS F NEWPORT BEACH OF CALIFORNIA 7 • ENGINEER'S "REPORT" PART IV CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) I: • AI_I •_ I , A copy of the Boundary Map is on file in the Office of the City Clerk of the City of Newport Beach. Please refer to the following page for a reduced -size copy of said map. The Boundary Map shows the exterior boundary of the District and the address for each parcel of land within the District. Reference is hereby made to the Assessor's Parcel Maps of the County of Orange for the boundaries and dimensions of each parcel or lot within the District. 10 a Z ow ww U�UN- �u �- tAwo oWOl' o 3 �ww o f z - o U-z a O Q _ = w z } O - O U O X x z W O 0 U Z D \y I' mi � r— ml i E 0�m p t —g i I I I � I � El s It a I I I � � L I JJ I I 1 / A 117 � � Q, 5k f l ` \mn p eol xl U g�3 6x H z n 6. J e 05" �a w Ea o I � ���r^ 3m 1► `e a�W •G Leo a Z ow ww U�UN- �u �- tAwo oWOl' o 3 �ww o f z - o U-z a O Q _ = w z } O - O U O X x z W O 0 U Z D \y I' mi � r— ml i E 0�m p t —g i I I I � I � El s It a I I I � � L I JJ I I 1 / A 117 � � Q, 5k f l ` \mn p eol xl U ENGINEER'S REPORT • PART V(A) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & CjTress Street) DESCRIPTION OF WORKS OF IMPROVEMENT, TIME ESTIMATE The following improvements are proposed to be constructed and installed in street rights -of- way along Cypress Street, Mesa Drive and Orchard Drive. 1. Removal of 55 existing power and telephone poles. 2. Removal of high voltage power lines, local power lines, telephone lines, and cable TV lines hanging between the poles to be removed. 3. Construction of approximately 9,800 linear feet each of mainline underground power, telephone conduit and cable TV conduit with appurtenant vaults, manholes and pullboxes. 4. Construction of required service conduit and appurtenances to private property . lines for 103 parcels and lots within the District. 5. Conversion of on -site overhead private property service drops to underground services for the 81 properties that have not previously been converted (undergrounded). The improvements will be designed and constructed by the Southern California Edison Company (electric), SBC (telephone) and Adelphia (cable TV). The City of Newport Beach will inspect the work for conformance to applicable City standards and specifications. Once completed, the underground electric, telephone and cable TV facilities will become the property and responsibility of Southern California Edison, SBC and Adelphia, respectively. Each owner of property located within the Utilities District will be responsible for making his/her property available for the conversion of overhead service drops to underground services. It is anticipated that the utility companies will construct. their respective on -site underground services through the use of private contractors under contract to them. An undergrounding project of this size and scope typically takes about two (2) years to design and review. The estimated time for completion of the undergrounding of the utilities and on- site services will be approximately one and one -half (1 -1/2) years from the approval of construction plans to the fmal removal of the overhead wiring and removal of utility poles. The .construction sequence starts with the construction of the underground facilities and on -site services, then proceeds to the transfer of the respective services from the overhead facilities to the new underground facilities, and is completed with the removal of the overhead wiring and utility poles. 11 The general locations of the existing facilities to be undergrounded are shown on the Boundary . Map in Part IV of this "Report." 12 • ENGINEER'S "REPORT" PART V (B) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) RIGHT -OF -WAY CERTIFICATE CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is true and correct. At all times herein mentioned, the undersigned was, and now is, the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of Section 15.32 of the City of Newport Beach Municipal Code, for the construction of certain public improvements in an • undergrounding utilities district known and designated as UNDERGROUND UTILITIES DISTRICT No. 19 (Mesa Drive & Cypress Street) (hereinafter referred to as the "Utilities District "). THE UNDERSIGNED STATES AND CERTIFIED AS FOLLOWS: That all easements, rights -of -way or land necessary for the accomplishment of the works of improvement for the above - referenced Utilities District have been obtained and are in the possession of the City. It is further acknowledged that works of improvement as proposed to be constructed within said Utilities District must be constructed within public rights -of -way, land or easements as owned by said City at the time of the construction of the works of improvement. EXECUTED this day of 20_, at Newport Beach, California. 13 STEPHEN G. BADUM, P.E. SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA ENGINEER'S "REPORT" • PART V(C) CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) CERTIFICATION OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned, under penalty of perjury, CERTIFIES as follows: 1. The improvements to be constructed under the proceedings in Underground Utilities District No. 19 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under the provisions of Paragraph 15302, Class 2 (d) of "Guidelines For Implementation of the California Environmental Quality Act ", as adopted by the Secretary for Resources of the State of California, June 1992. • 2. The undergrounding to be done under Underground Utilities District No. 19 is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act guidelines because the Secretary for Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to the undergrounding, does not have a significant effect on the environment, and are declared to be categorically exempt. 3. A Notice of Exemption has been filed in the office of the County Clerk of Orange County, California. A copy of the Notice of Exemption marked Exhibit "C" is attached to this Report and is hereby made a part of this Report. 4. All environmental evaluation proceedings necessary for the formation of Underground Utilities District No. 19 have been completed to my satisfaction, and no further environmental proceedings are necessary. EXECUTED this � 0 day of , 20 0�_, at Newport Beach, California. STEP N . BADUM, P. E. C idR OF PUBLIC WORKS • C F NEWPORT BEACH TE OF CALIFORNIA 14 • ENGINEER'S "REPORT" PART W CITY OF NEWPORT BEACH UNDERGROUND UTILITIES DISTRICT NO. 19 (Mesa Drive & Cypress Street) PROPERTY OWNER INFORMATION w /ON -SITE UNDERGROUNDING COSTS On the following page is a spreadsheet listing property owner information including the Assessor's Parcel Number, and property owner's name, site address and mailing address for the receipt of notices regarding the Utilities District. Also included is the cost for undergrounding the on -site service lines from the existing overhead utility lines, in the public right -of -way that is proposed to be undergrounded, to the residence or other point of service. It is proposed that said on -site cost will be funded by City of Newport Beach Redevelopment money. The cost of removing utility poles and the undergrounding of overhead utility lines in the public right -of -way is to be paid by the Utilities District. • Please note on the spreadsheet that certain lots have a zero ($0.00) on -site undergrounding cost. The on -site services lots on these certain lots were previously undergrounded and do not need to be done again. The source of the on -site undergrounding cost per lot is the report titled "Santa Ana Heights Redevelopment Utility Underground Project, Private Property Cost Estimates," prepared for the County of Orange by Joanna Futerman, Inc., and is dated December, 2000. The individual "per lot" estimates include private property costs for the underground utility service construction, structure retrofit (meter panels, etc.), and the repair /replacement of hardscape, walls, shrubbery, trees, and turf disturbed by the construction. Because of the passage of time between December, 2000 and early October, 2004; and because of the recent cost increases in construction materials, an inflation factor of 157o has been added to the costs in the Futerman report and the updated costs are shown in this Report. Certain lots within the current Utilities District were added since the Futerman report was prepared or were otherwise not included in the said report. Those lots did not have an on -site cost in the report. Those lots that did not have an estimate included in the Futerman Cost Estimate report have had their on -site costs estimated separately for this Utilities District Report. Said additional cost estimates are shown in bold type in the attached spreadsheet. 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