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HomeMy WebLinkAboutOrd. 1540-2017File Number: 17 -695 Enactment Number: ORD 1540 -2017 ORDINANCE ESTABLISHING THE ANTOINETTE LANE UNDERGROUND UTILITY DISTRICT, CIP PROJECT ST 1702. WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to adopt legislation establishing underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground facilities; and WHEREAS, the City of South San Francisco ( "City') Municipal Code Chapter 13.16 authorizes the City Council, after holding a public hearing, to designate districts within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services, and cable television, will be removed and replaced with underground wires and facilities; and WHEREAS, the City's Fiscal Year 2017 -18 Capital Improvement Program project stl704 calls for converting the overhead utility lines and facilities on Antoinette Lane to underground; and WHEREAS, to effect this undergrounding, the City desires to establish an Antoinette Lane Underground Utility District, extending approximately 1,300 feet from one block south to one block north of Chestnut Avenue, as more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, upon finding that undergrounding the overhead utilities along Antoinette Lane is in the public interest, the City may establish an underground utility district containing all of the parcels within the district, as identified on the Exhibit A district boundary map, thereby allowing the City to expend a portion of its accumulated Rule 20A work credits to fund the utility conversion; and WHEREAS, the City has accumulated $6,578,321 of Rule 20A work credits as of March 31, 2017, and may borrow at least $203,189 of future work credits, yielding $7,594,266 in work credits that may be used for qualified underground utility conversion projects pursuant to CPUC Rule 20A; and City of South San Francisco Page 1 File-, Number: 17-695 Enactment Number ORD 15,40-2017 WH.E I"-'IR,,,'AIIS. the City has committed approximately $3,000,000 of its Rule 20A work credit balance to tl,).e, previously est�iblished Spruce.Avenue Underground Utility District, leaving an uricorranitted balance of approximately $4,575,000; and WHER-EAS, the estimated draw of Rule 20A work. credits to complete the Antoinette Lane utility undergrounding is $1,537,000, an. amount ttiat may be funded from the City's available balance; and WHE'REAS, the City and. the affected Lailities have concu][ted and agreed that each utility shall cornplete the engineering design of its respective portion. of the Antoinette Lane Underg ,round Utility District prqject; and WHEREAS, the City and the affected utilities have consulted and agreed. that the City sball be desi V.1ated as "lead agent" also known as "Irenchin.g agent," responsible for preparing the trench pr rollile and composite joint trench drawings, and mmiaging trencl,.6,ng, installation of sut)structures, pavement, restoration, and such other trench-related work; and WHEREAS, the City and the afl�ected utilities have agreed to awork schedule which meets theirre-spective capabilities and. have further agreed to waive any adrninistrative fees, costs, or special street restoration requirements fbr the purposes of this prqject; and WFIEREAS, t1w City desires to expedite this project by all. means feasible to minimize impact on construction of the a4jacent Community Civic Center prqject and so requests tbat. Pacific Gas & Electric (PG&E) substitute this prqject for the Spruce Avenue Underground Utility District placed in. the PG&E queue, in Fall. 2016 such that utility design may begin in. Fall 2017 and construction may begin in Spling 201.8; and WHEREAS, the City notified all affected propefty owners within the proposed Antoinette Lane Undergrotind Utility District and invited same to attend. as public hearing to discuss formation. of the prop osed. district; and VIII EREAS, the City Council has received the staffreport recommending that tile area identified in Extribit A should be designated as an underground utility district within which. all existing overhead poles, overhead wires, and overhead equipment associated with. the distribution of electric power, telecommunication services, and cable television should be removed and relaced. witb underground wires and facilities; and WHEREAS, as public hearing was duly held on July 12, 201.7 in the Council C harnbers of tile City of'Soutli. San. Francisco, at wbich time all interested persons were given an opportunity to be heard, and the City Council did consider any and all obJections or protests fliat were raised. by the owners of property within the proposed district, pertaining to designating this area an underground utility district; and City of South San Francisco Page 2 File Number: 17-695 Enactment Number, ORD 1540-2017 WHEREAS, the City Council has detemrined that, pursuant to Section 1.3.16,020 of the- South San Francisco Munici File Number: 17 -695 Enactment Number: ORD 1540 -2017 schedule. SECTION 3. Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 12th day of July, 2017. At a meeting of the City Council on 712612017, a motion was made by Liza Normandy, seconded by Karyl Matsumoto, that this Ordinance be approved. The motion passed. Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember Matsumo,I,,w Mayo bupta, and CouncilmemberAddiego 39 ,a Pradeep Gupta, Mayor City of South San Francisco Page 4 Al —j 0 C.) id yt tU LL M- III A a cr z 0 U) Cl) ct3 m A —j —1 cm: 0 0 0 2 Al —j 0 C.) id yt tU LL M- III A