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HomeMy WebLinkAboutOrd. 1561-2018 (18-771)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1561 -2018 File Number: 18 -771 Enactment Number: ORD 1561 -2018 ORDINANCE ESTABLISHING THE MISSION ROAD UNDERGROUND UTILITY DISTRICT (CIP PROJECT ST1904) WHEREAS, the California Public Utility 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, CPUC Resolution E -4919 requires that the City of South San Francisco ( "City ") enter into standard agreements with Pacific Gas & Electric (PG &E) including Electric Form 79 -1127, "Agreement to Perform Tariff Scheduled Related Work, Rule 20A General Conditions," commonly known as the General Conditions Agreement, to direct PG &E to use the City's Rule 20A work credits to underground its distribution lines and service laterals, remove the utilities poles, and restore the site; and WHEREAS, the General Conditions Agreement requires that the City provide this duly- adopted ordinance creating the underground district in the area in which both the existing and new facilities are and will be located, requiring, among other things: That all existing overhead communication and electric distribution facilities in such district shall be removed: That each property served from such electric overhead facilities shall have installed in accordance with PG &E's rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of PG &E as soon as it is available; Authorizing PG &E to discontinue its overhead electric service upon completion of the underground distribution system; 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 City of South San Francisco Page 1 File Number: 18 -771 Enactment Number: ORD 1561 -2018 WHEREAS, the City's Fiscal Year 2018 -2019 Capital Improvement Program project st1904 calls for converting the overhead utility lines and facilities on Mission Road to underground; and WHEREAS, to effect this undergrounding, the City desires to establish an Mission Road Underground Utility District, extending approximately 2,500 feet (including short side street runs) along Mission Road from Grand Avenue to the southern BART Station entrance, as more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, upon finding that undergrounding the overhead utilities along Mission Road 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 $6,780,977 of PG &E Rule 20A work credits as of May 2018, and may borrow up to five years of future credit allocations, yielding $7,794,257 in PG &E Rule 20A work credits that may be used for qualified underground utility conversion projects pursuant to CPUC Rule 20A, and WHEREAS, in 2016, the City established the Spruce Avenue Underground Utility District and committed an estimated $5,365,000 of PG &E Rule 20A work credits to complete the undergrounding conversion; and WHEREAS, in 2017, the City established the Spruce Avenue Underground Utility District and committed an estimated $2,325,000 of PG &E Rule 20A work credits to complete the undergrounding conversion; and WHEREAS, PG &E's cost in work credits for the Mission Road Underground Utility District is estimated at $5,129,000; and WHEREAS, because the cost in PG &E Rule 20A work credits for the Spruce, Antoinette, and Mission Underground Utility Districts would exceed the City's work credit balance, the City requests that PG &E give the Antoinette and Mission Underground Utility Districts priority for design and construction while the City acquires additional PG &E Rule 20A work credits to complete the Spruce Underground Utility District; and WHEREAS, the total cost of the Mission Road Underground Utility District to be shared by PG &E, AT &T, Wave Broadband, and the City is estimated at $7,600,000, of which an estimated $6,700,000 is reimbursable to the City; and, WHEREAS, the City and the affected utilities have consulted and agreed that each utility shall complete the engineering design of its respective portion of the Mission Road Underground Utility District project; and WHEREAS, the City and the affected utilities have consulted and agreed that the City shall be designated the "lead agent" also known as "trenching agent," responsible for preparing the trench profile and composite City of South San Francisco Page 2 File Number: 18 -771 Enactment Number: ORD 1561 -2018 joint trench drawings, and managing trenching, installation of substructures, pavement restoration, and such other trench - related work; and WHEREAS, the City and the affected utilities have agreed to a work schedule which meets their respective capabilities and have further agreed to waive any administrative fees, costs, or special street restoration requirements for the purposes of this project; and WHEREAS, the City notified all affected property owners within the proposed Mission Road Underground Utility District and invited same to attend a public hearing to discuss formation of the proposed district; and WHEREAS, the City Council has received the staff report recommending that the area identified in Exhibit 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 replaced with underground wires and facilities; and WHEREAS, a public hearing was duly opened on June 13, 2018, and continued to July 25, 2018, and then subsequently continued to the regular meeting of August 8, 2018 in the Council Chambers of the City of South San Francisco, at which time all interested persons were given an opportunity to be heard, and the City Council did consider any and all objections or protests that were raised by the owners of property within the proposed district, pertaining to designating this area an underground utility district; and WHEREAS, the City Council has determined that, pursuant to Section 13.16.020 of the South San Francisco Municipal Code, the public necessity, health, safety, and welfare requires the removal of overhead wires and overhead structures along Mission Road, with underground re- installation of said wires and facilities; and WHEREAS, the City has consulted with the affected utilities and such utilities have agreed that the proposed underground conversion district, designated the Mission Road Underground Utility District, as described in Exhibit A, primarily runs along an arterial street and adjoins civic area and public recreation areas, thereby qualifying to be designated a Rule 20A District in accordance with CPUC rules; and WHEREAS, after establishing the Mission Road Underground Utility District, the City will need to enter into standard agreements with PG &E and complete other standard forms and documentation, including, but not limited to, the "Agreement to Perform Tariff Scheduled Related Work, Rule 20A - General Conditions," the "Agreement to Perform Tariff Schedule Related Work, Rule 20A - Electric Panel Service Conversion," the "Letter of Streetlight Agreement," and the "Rule 20A Wheelchair Access Consideration," and WHEREAS, upon the recommendation of staff, the City Council has determined that the proposed Mission Road Underground Utility District is categorically exempt from environmental review pursuant to the California Environmental Quality Act. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: City of South San Francisco Page 3 File Number. 18 -771 SECTION 1. Findings Enactment Number: ORD 1561 -2018 The City Council of the City of South San Francisco ( "City ") finds that the public interest requires the removal of all existing utility poles, (excepting those poles supporting streetlights and traffic signals), overhead utility wires, and associated overhead structures, and the installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas as shown in Exhibit A, attached hereto, along Mission Road, with such area being designated as the Mission Road Underground Utility District. SECTION 2. Establishment of Underground District Based on the findings contained in the Ordinance, the City hereby establishes the Mission Road Underground Utility District, within the area as shown in Exhibit A, attached to this Ordinance, and orders the removal of all existing utility poles, (excepting those poles supporting streetlights and traffic signals), overhead utility wires, and associated overhead structures, and the installation of underground wires and facilities for supplying electric power, communication, or similar associated services. Such work must be completed with a reasonable time, following completion of design documents, as determined by the City Engineer. SECTION 3. General Conditions Agreement Requirements In accordance with the PG &E Form 79 -1127 conditions, upon establishing the Mission Road Underground Utilities District, the City hereby agrees, requires, and/or acknowledges: That all existing overhead communication and electric distribution facilities in the district shall be removed; That each property served from such electric overhead facilities shall have installed in accordance with PG &E's rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of PG &E as soon as it is available; PG &E and the telecommunications utilities are authorized to discontinue overhead electric service upon completion of the underground distribution system; and Wheelchair access is in the public interest and has been considered as a basis for defining the District boundaries. SECTION 4. Authorization to Execute Agreements and to Make Minor Revisions to the Mission Road Underground Utility District Boundary Map Upon establishment of the District, the City Council authorizes the City Manager to complete, execute, and transmit on behalf of the City all agreements, acknowledgements, and forms necessarily to complete the Mission Road Underground Utility District project, subject to approval as to form by the City Attorney, to City of South San Francisco Page 4 File Number: 18 -771 Enactment Number: ORD 1561 -2018 make minor revisions to the District Boundary Map to resolve unforeseen conflicts, and to provide PG &E direction concerning the priority of the City's Districts. SECTION 5. 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 6. 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 8th day of August, 2018. At a meeting of the City Council on 8/22/2018, a motion was made by Richard Garbarino, seconded by Pradeep Gupta, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego Attest by 1 sta Martinelli r• andy, • (� City of South San Francisco Page 5 or � IN •s, o, �, 01 n A Few OP 09� O� F� 9� , O P ^JO�P y� O \ \� I< City of South San Francisco Mission Road Underground Utility District v V / \ 9Q (0 1123101 Legend Utility District Boundary 10 Existing Poles to be Removed Properties in Utility District I* New Riser Poles to be Added _ Other Parcels PJ<I ly y�� 010430040 12 31 1301 �10Q85/ull T10087(see Attach e��