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HomeMy WebLinkAbout2015-11-17; City Council; 22137; Underground Utility District 20 Valley Street 6019 Public HearingUnderground Utility District Public Hearing November 3, 2015 Page2 af2 FISCAL IMPACT: The preliminary cost estimate for the utility undergrounding of District No. 20 is $500,000. The undergrounding of the electric facilities will be funded by the city's allocation of 20A funds which are collected and kept on account by SDG&E. As of March 13, 2015, the balance of 20A funds on account with SDG&E was $696,144. The other utility companies (Time Warner Cable and AT&T) will underground their utilities concurrently at their own expense. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Further, construction of street improvements and the undergrounding of utilities along Valley Street is exempt pursuant to CEQA Guidelines Section 15301(b) (minor alteration of existing public structures) and 15302(d) (undergrounding of overhead utility lines). PUBLIC NOTIFICATION: The office of the City Clerk mailed notice to affected property owners and occupants at least 15 days prior to the Public Hearing date on Nov. 17, 2015. EXHIBITS: 1. Adopt Resolution No. 2015-280 declaring and designating a certain part of the city as Underground Utility District No. 20 pursuant to Chapter 11.08 of the Carlsbad Municipal Code. 2. Underground Utility District No. 20 Boundary Map. 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2015-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY DISTRICT NO. 20, PROJECT NO. 6019, AND MAKING ORDERS IN REGARD THERETO EXHIBIT I WHEREAS, on Oct. 6, 2015, the City Council of the City of Carlsbad adopted Resolution No. 2015-245 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a Public Hearing to determine whether or not the public health, safety or welfare requires the formation of an underground utility district in a portion of Carlsbad; and WHEREAS, pursuant to Resolution No. 2015-245, a Public Hearing was held on Nov. 17, 2015, at 6:00 p.m., in the Council Chambers in City Hall, Carlsbad, California, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, within that certain area of the city described as follows: Valley Street between Chestnut Avenue and Magnolia Avenue and a portion of Magnolia Avenue approximately 500 feet east of Valley Street as shown on that certain map entitled "Underground Utility District No. 20" on file in the Office of City Clerk and incorporated by reference herein; and WHEREAS, said hearing was also held to determine whether or not the city should continue proceedings to create and implement an underground utility district to accomplish said removal and installation; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, notice of said hearing, in the manner and for the time required by law, was given to all affected utility companies and to property owners as shown on the last equalized assessment roll; and WHEREAS, said hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the City Council of the City of Carlsbad, California, hereby finds and determines that the public health, safety and welfare require 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 the above-described area. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No 20, Project No. 6019. 4. That the City Council finds that said District is in the public interest for the following reasons: A. B. c. It will eliminate an unusually heavy concentration of overhead utility facilities. The streets in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. The streets adjoin and pass through a civic or public recreation area or an area of unusual scenic interest to the general public. 5. That the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District no. 20, Project No. 6019 of the adoption of this resolution within 10 days after the date of such adoption. Such notification shall be made my mailing a copy of this resolution, together with a copy of Chapter 2 11.08 of the Carlsbad Municipal Code, to affected property owners as shown on the last 3 equalized assessment roll and to the affected utilities. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. That the City Council does hereby order said removal and installation within said District. The City Council will fix by subsequent resolution the time within which such removal and installation shall be accomplished. 7. That the full reimbursement shall be deducted from 20A conversion funds and utilized as service conversion to residences and businesses for furnishing all labor, materials, equipment and incidentals to construct the underground utility service trench to private residences and businesses within the project limits that are to remain intact. No expense shall be incurred by the property owner unless an increase in panel size is requested by them. 8. conversions. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill That the City Council hereby waives permit fees associated with property 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2015-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY DISTRICT NO. 20, PROJECT NO. 6019, AND MAKING ORDERS IN REGARD THERETO EXHIBIT 1 WHEREAS, on Oct. 6, 2015, the City Council of the City of Carlsbad adopted Resolution No. 2015-245 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a Public Hearing to determine whether or not the public health, safety or welfare requires the formation of an underground utility district in a portion of Carlsbad; and WHEREAS, pursuant to Resolution No. 2015-245, a Public Hearing was held on Nov. 17, 2015, at 6:00 p.m., in the Council Chambers in City Hall, Carlsbad, California, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, within that certain area of the city described as follows: Valley Street between Chestnut Avenue and Magnolia Avenue and a portion of Magnolia Avenue approximately 500 feet east of Valley Street as shown on that certain map entitled "Underground Utility District No; 20" on file in the Office of City Clerk and incorporated by reference herein; and WHEREAS, said hearing was also held to determine whether or not the city should continue proceedings to create and implement an underground utility district to accomplish said removal and installation; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, notice of said hearing, in the manner and for the time required by law, was given to all affected utility companies and to property owners as shown on the last equalized assessment roll; and WHEREAS, said hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad, California, hereby finds and determines that the public health, safety and welfare require 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 the above-described area. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No 20, Project No. 6019. 4. That the City Council finds that said District is in the public interest for the following reasons: A. B. c. It will eliminate an unusually heavy concentration of overhead utility facilities. The streets in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. The streets adjoin and pass through a civic or public recreation area or an area of unusual scenic interest to the general public. 5. That the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District no. 20, Project No. 6019 of the adoption of this resolution within 10 days after the date of such adoption. Such 1 notification shall be made my mailing a copy of this resolution, together with a copy of Chapter 2 11.08 of the Carlsbad Municipal Code, to affected property owners as shown on the last 3 equalized assessment roll and to the affected utilities. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 6. That the City Council does hereby order said removal and installation within said District. The City Council will fix by subsequent resolution the time within which such removal and installation shall be accomplished. 7. That the full reimbursement shall be deducted from 20A conversion funds and utilized as service conversion to residences and businesses for furnishing all labor, materials, equipment and incidentals to construct the underground utility service trench to private residences and businesses within the project limits that are to remain intact. No expense shall be incurred by the property owner unless an increase in panel size is requested by them. 8. conversions. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill That the City Council hereby waives permit fees associated with property. 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Underground Utility District No. 20•Valley and Magnolia Street Improvements •Capital Improvement Program •Council Policy 41 •Utilities affected: SDG&E, Time Warner Cable, and AT&T Project Need•Priority Project Area in Pedestrian Master Plan •Identified in Sidewalk Priority List in Sidewalk Inventory Report •Sidewalk missing in project area •4 schools in vicinity •High volume of pedestrian traffic Funding Underground Utility District No. 20•Public Utilities Commission Rule 20A •Collected and kept on account by SDG&E •Current balance of $696,144 •Cost estimate $500,000 •No cost to private property owners •TWC and AT&T underground at their expense Next Steps•Engineering Design underway •SDG&E underground design approx. 9 months Staff Recommendation Adopt Resolution declaring and designating a certain part of the city as Underground Utility District No. 20.