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Home My WebLink About2008/09/16 Item 5 CITY COUNCIL AGENDA STATEMENT :$~f:. CITY OF ..... ,,~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: c 9/16/08, Item~ PUBLIC HEARING - CONSIDERATION OF At\1ENDING UTILITY UNDERGROUNDING DISTRICT NO. 133 ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE TO INCLUDE FIVE ADDITIONAL PARCELS AND DELETE ONE PARCEL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENTIING THE BOUNDARlES OF UTILITY UNDERGR01JNDING DISTRICT NO. 133 ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE TO INCLUDE PARCELS APN 618-400-1.1, 619-010-21, 618-190-44, 619-211-21 MID 619-211-20 AND TO DELE@EPCELAPN618-270-41 DIRECTOR OF ENGINEERING CITYMANAGER_.L~ j ( rr ASSISTANT CIT/IKl'f~ "'? ! 4/5THS VOTE: YES D NO ~ SUMMARY The Utility Undergrounding District on Fourth Avenue from L Street to Orange Avenue was originally established in 2001. During the final design and construction process, San Diego Gas and Electric determined that it would be desirable to include five adjacent parcels that were not included within the boundaries of the original district. Staff recommends that the boundaries of the district be modified to include these additional parcels. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 2(d) categorical exemption pursuant to Section 15302 [Replacement or Reconstruction] of the State CEQA Guidelines involving the conversion of overhead utility distribution system facilities to an underground system. Thus, no further environmental review IS necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 r 9/16/08, Item~ Page 2 of3 DISCUSSION On December 17, 2001 the City Council approved Resolution 2001-445 declaring the City's intention to underground overhead utilities along Fourth Avenue from L Street to Orange A venue and setting a public hearing for the formation of Utility Underground District Number 133 for January 22, 2002. During the process of establishing the district, City staff members walked around the area with San Diego Gas and Electric (SDG&E) personnel and identified 67 properties that would have all or a portion of their overhead utilities placed underground. District boundaries were established to include these properties. Notices of the public hearing were subsequently sent to these property owners, as well as residents and other property owners in the vicinity of the project. The public hearing was conducted on January 22, 2002 and Council adopted Resolution 2002-020 establishing Underground Utility District No. 133 along Fourth Avenue, from L Street to Orange Avenue, and authorizing the expenditure of utility allocation funds to subsidize private laterals (Attachment 1). Staff again reviewed the design plans for the utility undergrounding prepared by SDG&E in 2006. No additional affected properties were identified at that time. Subsequently, on May 22, 2007, the City Council approved Resolution 2007-116 setting June 15,2007 as the date by which . property owners shall be ready to receive underground utility service (Attachment 2). The resolution also authorized private utility service laterals to be constructed as part of the undergrounding district. This new process is an improvement for both Chula Vista property owners and City staff. Under the previous policy, the individual property owners would need to obtain a contractor, pay for the installation of laterals and later request reimbursement from the City. Additionally, City staff had been required to wait as long as a year for the property owners to install their portions of the utility lines. Signific3flt staff costs had been expended in inspections and following up with non-compliant property' owners. During the design process, SDG&E determined that the property located at 1196 F ourth Avenue (APN 618-270-41-00), which was included within the original district boundaries, should not be included in the undergrounding process. This property is being served by a pole on Oxford Street, which is outside the district and also serves properties on Oxford Street that are outside the district. Since it was not shown on SDG&E's design plans, the property owners did not receive a mailing for the Council agenda item on June 15, 2007. It is therefore recommended that this property be removed from the district boundaries. Late in 2007, during the construction process, SDG&E determined that five additional properties should be included in the undergrounding district. The reasons for adding these properties are as . follows: 1. 970 Fourth Avenue (APN 618-400-11 ): The pole that serves this property will be removed as part of the undergrounding district. 2. 396-398 Moss Street (APN 619-010-21); This property includes two dwelling units on one parcel and is located at the intersection of Fourth Avenue and Moss Street. The pole serving this property is on the boundary of the district. This property should have originally been included in the district since the neighboring properties on Fourth A venue are in the district. 5-2 9/16/08, Iteml Page 3 of 3 3. 1098 Fourth Ave. L"J'N 618-190-44): The service for this residence is connected to a wire that is going to be removed as part of this district. In order to continue to receive electric service, it must be undergrounded. 4. 1225 Fourth Ave. L"J'N 619-211-21): The pole serving this property has wires serving properties in two directions. In order to remove this pole from Fourth Avenue, SDG&E decided to underground the utilities serving this property. 5. 1227-1229 Fourth Ave. (APN 619-211-20): This includes two dwelling units on one parcel. Comments are the same as for #4 above. Public hearing notices were mailed to the six affected property owners on August 28, 2008 in accordance with Section 15.32.130 of the Chula Vista Municipal Code. A notice of the public hearing has also been published in the Chula Vista Star News. SDG&E has completed much of the underground work at all these properties. The remaining work at these locations includes drawing wire through the conduit, making the connection at the meter panel, activating the underground service and removing the overhead service. Upon Council approval of this resolution adding these properties to the District, staff will pursue Permits to Enter these properties in order to complete this work. Additionally, since the resolution of district formation and district map are required to be recorded in the office of the County Recorder, a revised boundary map including the five properties is attached to the resolution and will be recorded (Exhibit A). SDG&E has estimated that cable installation will be complete in November. The work necessary to complete the individual service laterals is anticipated to begin in September and be completed in December. At that time, the underground service will be energized. It is estimated that the overhead electric cables will be removed by January 31,2009. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember Rudy Ramirez has property holdings within 500 feet of the boundaries of the properties which are the subjects of this action. FISCAL IMPACT The cost of constructing the individual service laterals is estimated by SDG&E at $1500 each, with a total cost of $7500. This cost will come out of the City's 20A allocation from SDG&E, which must be spent on utility under grounding. The City's General Fund "ill not be affected. ATTACHMENTS Attachment I. Resolution 2002-020 Attachment 2. Resolution 2007-116 Exhibit A: Revised Boundary Map Prepared by: Elizabeth Chopp, Senior Civil Engineer, Engineering Department M:\Engineer\AGENDA\CAS2008\09-09-08\Fourth Ave Undergrounding Amend alt.doc 5-3 ATTACHMENT 1 RESOLUTION NO. 2002-020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA V1STA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 133 ALONG FOURTH A VENUE, FROM "L" STREET TO OR.-'\NGE AVENUE, ANTI AUTHORlZlNG THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRlV ATE SERVlCE LATERAL CONVERSION WHEREAS, by Resolution No. 2001-445, a public hearing was called for 6:00 p.m. on Tuesday, the 22nd day of January, 2002, in the Council Chambers of the City of Cbula Vista at 276 Fourth Avenue, 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 more particularly described as follows: All that property lying along Fourth Avenue from "L" Street to Orange Avenue and enclosed within the boundary as shown on the plat attached hereto as Attachment" A" of subject Underground Utility District. WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the. manner and for the time required by law, and WHEREAS, such hearing bas been duly and regularly held, and all perscos interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds and determines that the public health, safety and 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 associated services, the above described area is hereby declared an Underground Utility District, and is designated as such in the City of Cbula Vista. Attached hereto, marked Exhibit "A," and incorporated herein by reference is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shaH further notify said property owners of the necessity L'1al, if they or any person occupying 5-4 Resolution 2002-020 Page 2 such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necess"-'}' facility changes on their premises so as to receive such service from t~e lines of t':1e supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with tbe Public Utilities Commission of tbe State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of tbis resolution to affected property owners, as shown on tbe last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED tbat the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: 1. F ourth Avenue is a major north/soutb thoroughfare in the western portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. The segment of Fourth Avenue is classified in the General Plan's Circulation Element as a Class I Collector street. 3. Undergrounding has been completed on FourJ! Avenue from the north City limit to "H" Street, a distance of 1.25 miles. 4. Undergrounding construction work is currently lit progress along Fourth Avenue, from "H" Street to "L" Street, a distance of one mile. 5. W1ten completed, this ll."!dergrounding district will make the proposed district an extension of an undergrounded section 3.5 miles in lengt.':1. BE IT FlJRTHER RESOLVED that the City Council does hereby authorize the use of approximately $1,150,000 in utility allocation funds to cover the cost of poie removal, undergrounding overhead facilities, and private property conversion reimbll."sements. Presented by Approved as to form by 9d-! 1ir JohrlP. Lippitt Public Works Director ~K-/ Jo l. Kaheny 0 y Attorney 5-5 Resolution 2002-020 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, Lllls 22'd day of January, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilrnembers: None ABSENT: Councilrnembers: None ~~~J~l Shir ey Horto yor ATTEST: ~J 1/1. ,/-3'q-, p "'. Susan Bigelow, City Clerk STATE OF CALlFOR1'11A ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) L Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-020 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day ofJanuary, 2002. Executed this 22'. day of January, 2002. - --,1, j 6-c. ~ '{.J....c- Susan Bigelow, City Clerk 5-6 I- I ~E S \.........---. .-- \ \ .^~ .~\ \ ~ \ \_-- \;--~.. .-\ j (' InL~1 \ ! ! i-rL I "'iLJ --<--.- - _._._~-~ I I 1\--- . Ti7r---- i~\! i \ !~""'''' /'v Dis1lict 8cunda . 8<isting Poles ry c Proposed Poles ,i.'lllitl ParcEls in Undergound Dslrict Utilities affected E: 8ectricaJ jETCL, T: Telephone C: Cable \, " \--.-------- ,,---------- " \ \ -' \ \ ,J. _"~~T UTIUTY UNDERGROUND DISTRICT NO. 133 FOURTH AVE, L STTO ORANGE AVE BOUNDARY MAP EXHIBIT "A" ~Vt- on 0' OftJLo\ V1.5""iA ~__=n. 5-7 ATTACHMENT 2 RESOLUTION NO. 2007-116 RESOLUTION OF THE CITY COUNClL OF THE CITY OF CHULA VISTA SETTING JUNE 15, 2007 AS TI1E DATE BY WHICH PROPERTY O\VNERS WITHIN l..JNDERGROUNu DISTRlCT NO. 133 ALONG FOURTH A VENUE FROM L STREET TO ORANGE A VENUE SHALL BE READY TO RECENE UNDERGROT.J]\Iu UTILITY SERVICE, SETTING DECEMBER 31, 2008 AS THE APPROXlMA.TE DATE BY \l,'HICH POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE REMOVED WITHIN THE DlSTRlCT, AUTHORlZING THE INCREASE OF UTILITY ALLOCATION fUNDS TO APPROXIMA.TELY 52,967,000, AND AUTI10RlZING PRJVATE UTILITY CONNECTIONS TO BE CONSTRUCTED AS PART OF THE DISTRJCT \!/HEREAS, on January 22, 2002, the City Council, pursuant to Resolution No. 2002- 020, established Underground Utility District No. 133 along Fourt.o Avenue from L Street to Orange Avenue and authorized the expendirore of approximately $1,150,000 in Utility Allocation Funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements; and WHEREAS, on November 22, 2005, Council accepted a report by staff on utility undergrounding pro~-a."i! funding and priorities which r,,~sed the cost estimate for District 133 to S2,967,000; and \l,'HEREAS, pu!'Suant to Section 15.32.150 of the Chula Vista Municipal Code, Council shall, by resolution, set the date upon which property owners in an underground utility disuict must be ready to receive underground se",ice and loe date by which poles, overhead wires and associated overhead structures shall be removed. NOW, THEREFORE, BE IT RESOLVED by the City Council cfloe City ofChula Vista as foliows: 1. That it sets June 15, 2007 as the date by which property owners within Underground Disuict No. 133 along Fourt.h Avenue from L Street to Orange Avenue shall be ready to receive underground utility serv"ice. 2.. That it sets December 31, 2008 as t.oe approximate date by which poles, overhead ",ires a11d associated overhead sl"Uctures within Undergrow'1d District No. 133 along Fourth A venue from L Street to Orange Avenue shall be removed. 3. That it authorizes the increase of Utility Allocation Funds to approximately S2,967,000. 4. That it aut.oorizes private utiEry connections to be constructed as pan oftha District. 5-8 Resoiution No. 2007-116 Page 2 Presented by Approved as to form by ~ Scott Tulloch Acting Assistant City Manager/City Engineer ~\\1',^ ~ \\\.'(~ ~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California. this 22nd day of May 2007 by the following vote: A YES: Councilmernbers: Castaneda, McCann, Rindone, and Cox NAYS: Councilmernbers: None ABSENT: Councilrnembers: None ABSTAIN: Councilrnembers: Ramirez Cheryl ~~ ATTEST: ~~.J:~ f Susan Bigelow, MI0C, City Clerk STATE OF CALIFORNLA ) COUNTY OF SAN DIEGO ) Crr! OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California. do hereby certify that the foregoi.,cg Resolution No. 2007-116 was duly passed, approved, and adopted by the Cicy Council at a regular meetlng of the Chula Vista City COW1cil held on the 22nd day of May 2007. Executed this 22nd day of May 2007. ~L<a -t/'N)/ ~,Susan Bigelow, rv(MC, City Clerk 5-9 .----' --- . ...------': ~, \.-------.. -/~"-I -~ ?t ,L.--'--''-;;''',.t.\ .____:.. -- ~,....-~....~ ,~- , .-.----~, ~ ~ -- -- ~.- r ,/--',;'f- \--- // '%\ ---~ ...----' ./ .---~-- ....-./- ~.----_../-., ....--:- .-., ...--....- \ .~~_. --. \. '...~. '.' ".o_~~\ . --' ~-- ~.. .-~...::..._~ \~::.:.~~ :;?:51~A I~ ---..... ~,:.;%.,.'--;:\,./..'..~~,~,~;~3: _ '\ '.......-. '"'~~- :-::.:. :11! ;' , __~ .. ,------_\~-~~~~ '.' \.~....-r:.,-"'~.-.;;;' .-- ____-?\ \~~~ \'$- ~~~) "(;:'5 _ . .~..... ..-. ,\a~~__,,\~. i _ ... -fJ1 ('" ,~; ,.4-111.... -::::-~~a r _.<____ ~ ~)...--":. ,:-:'..,..::3'r~, ,...- ./:-- __.o~_- ....-"\. , \ ~o.l., ....3--- ",."..-",0 \ \,(6 ~~{i~yrq;J.:%~',l'c.::: _ . ':fl'l, ~ "," j' r . 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'~':""::""'i_"<;'''''':--;'-'~~f~,'~l~ ~i QlJ/flT~~ '~- \.~,.: ........,. .- i:,- ------ -- ~-- / ~ .--' /- -- ........ ..-' 'G~ ".~~- ~~~........~--------... -::-:--. ~..~P ~--.. _..........~.~..... --- ...... ---- .- ~~..... -- ----- 5-10 "A" RESOLUTION NO. 2008- RESOLUT[ON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A!vIEND01G THE BOUNDARIES OF UTILITY UNDERGROL'ND01G DISTRICT NO. IJJ ALONG FOURTH AVENUE FROM L STREET TO ORA,NGE A VEN1JE TO INCLUDE PARCELS APN 618-400-11, 619-010-21, 618-190-4-1, 619-211-21 AND 619-211-20 AND TO DELETE PARCEL APN 618-270--11 WHEREAS, on December 17, 2001, the City Council adopted Resolution No. 2001--1-15 ,kcb'ing the Citv's intent to unckrgroul,cl overhead utilities along Fourth Avenue from L Street t() Orange A',enue and setting a public hearing tal' the !amlation of Utility Undergrounding District No. I JJ on January 22,2002; and WHEREAS, a public hearing was conducted on January 22, 2002 and the City Council adopted Resolution No, 2002-020 establishing Utility Undergrounding District No. IJJ; and WHEREAS, pursuant to Resolution No,2002-020, the City Council faund that establishing Utility Undergrounding District No. 133 was in the general public interest because Fourth A venue is a major north/south thoroughfare in the westem portion of Chula Vista and the Lllld'crgroullcling of existing overhead utilities would contribute to the creation of an aesthetically pleaSing maiol' stred, the segment ot' Fc>urth Avenue is classitied in the General Plan's Circulation E!ement as a Class I Collector street, and u~,dergrounding had been completed on fc'urth Avenue tl'om the north City limit to "H" Street. among other reasons; and WHEREAS, a cenitled copy ot- Resolution 2002-020 was recorded in the Office of the County Recorder; and WHEREAS, on May 22, 2007, the City Council adopted Resolution 2007-116 setting June 15,2007 as the date by which propeliy owners were to be reacly to receive undergrouncling sen'iCt:; and WHEREAS, during the design process tar District No, 133, San Diego Gas and Electric (SDG&E) detellllinecl that one property should be deleted from the District because it cloes not receive power from a pole on Fourth Avenue; and WHEREAS, during the construction process, SDG&E detennined that five properties that were not included within the original District boundaries should be included in Utility Unclergrouncling District No. 133, 5-11 NOW, THEREFORE, BE IT RESOLVED by the City COlmcd of the City ofChula Vlsta as follows: I. That it finds that the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead stmctures and underground installation of wires and facilittes for supplying electric, communication, community antenna television or similar or associated service for Parcels APN 618-400-11, 619- 010-21, 618-190-44, 619-2l1-21, and 619-211-20 because Fourth Avenue is a major north/south thoroughfare in the western portion of Chula Vista and the undergrounding of existing overhead utdities for those properties will contribute to the creatlon of an aesthetically pleasing major street, the segment of Fourth A venue is classilied In the General Plan's Circulation Element as a Class I Collector street. and LLndergrounding has been completed on Fourth AVel1Lle from the north City limit to ""H"" Street. 7 Tha[ it amends the boundarles of Utility Undergrounding District No 133 along Fourth A venue from L Street to Orange Avenue to lnclude Parcels APN 618-400-11, 619-0 I 0-21, 618-190-44, 619-211-21 and 619-211-20 and to delete Parcel APN 618- 270-41 as depicted on the attached map. marked Exhibit ""A", and incorporated into thts Resolution by this reference. 3. That It directs the Cltv Clerk to cause a certilied copy of this Resolution and the attached Exhibit ""A" to be recordeclln [he Office of the County Recorder. Presented by Apprqved as to fonn by R.A. Hopkins Dil'ector of Engineering c! L3-<"> tl Bart Miesfeld Interim City Attomey /l /' *.;Y.~ _____,___L..~.:;; ."/;---' (., H-',r;t\(,INEER',RES( )S'R~s(\s~!Jo:-nN-! (1-0X\F"UI.tl, ,-\\t: \.!ndt:rgn\ulldillg Amend Jlt Reso I'e'llsed by e'.;.Joc 5-12 .------ / ~ --.-::r:/ I /./""- --------\\10_:_...---- I _------ -.--/. - I -- ~",,,. -- ---- -- "A" -.---::;; --- ~\ '. ~~~~( , ''''''',,',,\'~~''S .t~j\ :::. _~. '1 -~, ~Tfl' ~.,. .~ \..... , ~-~~'.~~'~~:;;) ~';j.~ '--':-4 r:. 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