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HomeMy WebLinkAboutNewland Street Underground Utility District - Hamilton to Pa -7-J7 Council/Agency Meeting Held: o�D Deferred/Continued to: A roved ❑ Conditionally Approved ❑ Denied Ci le k's ignature Council Meeting Date: 3/15/2010 7 Department ID Number: PW 10-014 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COMCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS PE, DIRECTOR PUBLIC WORKSr SUBJECT: Adopt Resolution to Establish the Newland Street Utility Underground District Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The resolution will establish the formation of the Newland Street (Hamilton to PCH) and Edison Drive Utility Underground District. Funding Source: No funds required for this action. Recommended Action: Motion to: Adopt Resolution No. 2010-25 , A Resolution of the City Council of the City of Huntington Beach Establishing Underground Utility District on Edison Drive from Newland Street Easterly Terminus and Newland Street Between Hamilton Avenue and Pacific Coast Highway (Per HBMC 17.64.100, affirmative vote of at least five (5) members of City Council is required). Alternative Action(s): Deny adoption of the resolution and forgo formation of the district. REQUEST FOR CITY COUNCIL, ACTION MEETING DATE: 3/15/2010 DEPARTMENT ID NUMBER: PW 10-014 Analysis: During design of the Newland Street Widening project, it was decided to underground the existing overhead utilities along Newland Street from Hamilton Avenue to Pacific Coast Highway and all of Edison Drive in consideration of the Southeast Coastal Redevelopment Area committee's recommendation to that effect. It was the City's intent and understanding that the City would construct the underground infrastructure for Southern California Edison (SCE), Time Warner (TW), and Verizon and said utilities, except for SCE, would install their own cables and remove the poles consistent with California Public Utilities Commission (CPUC) rules governing utility undergrounding districts, Rule 20 and Rule 40. See the Engineer's Report (Attachment 2) for further discussion on these rules. The construction of the widening project began in July 2008. Once the utility substructures were completed and released to the utility companies, SCE and TW placed their cables underground per CPUC rules. However, Verizon took a position the City was responsible for the cabling costs for the project. As a result, staff initiated the process of forming an underground utility district to require Verizon to relocate their utilities underground in accordance with Rule 40.1. Since that time, Verizon has acknowledged that City meets all requirements under Rule 40.2 and has agreed to underground their facilities at their cost. Nevertheless, staff still recommends the formation of the underground district to require any future utilities to be placed underground. Huntington Beach Municipal Code, Chapter 17.64 sets forth guidelines and procedures for the formation of Underground Utility Districts and authorizes City Council to establish such districts. According to the Municipal Code, City Council can establish a district if public necessity, health, safety or welfare require the removal of poles. According to the Municipal Code, the first step requires a hearing by the Underground Utilities Coordinating Committee. The duty of the committee, comprised of three City representatives and one representative each from Verizon and SCE, is to review the proposed district and make a recommendation to City Council. On October 29, 2009, the committee met and by a vote of 3-1-1 (Verizon dissenting, SCE representative absent), recommended the formation of the district to the City Council. The Municipal Code also requires that the Planning Commission review the formation of the district and determine its conformance with the City's General Plan. On January 26, 2010, the Planning Commission approved General Plan Conformance No. 09-006. As a prerequisite to the establishment of a district, two resolutions must be adopted by City Council. The first resolution calls for a public hearing to establish the District and was adopted on February 16, 2010. The resolution fixed March 15, 2010, at 6:00 p.m., as the date and time for the hearing of objections to the formation of the underground utility district. At the conclusion of the public hearing, a second resolution is adopted, which establishes the District. -2- 2/19/2010 12:22 PM REQUEST FOR CITE( COUNCIL ACTION MEETING DATE: 3/15/2010 DEPARTMENT ID NUMBER: PW 10-014 Public Works Commission Action: Not required Strategic Plain Goal: Maintain, improve and obtain funding for public improvements Environmental Status: Not applicable Attachrme it s , o - o - o ® - o 0 1. Resolution No. 2010-25 A Resolution of the City Council of the City of Huntington Beach Establishing Underground Utility District on Edison Drive from Newland Street Easterly Terminus and Newland Street Between Hamilton Avenue and Pacific Coast Highway 2. Engineer's Report dated January 29, 2010 -3- 2/19/2010 12:22 PM ATTACHMENT # 1 RESOLUTION NO. 2010-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT ON EDISON DRIVE FROM NEWLAND STREET EASTERLY TERMINUS AND NEWLAND STREET BETWEEN HAMILTON AVENUE AND PACIFIC COAST HIGHWAY WHEREAS, by Resolution No. 2010-07 a public hearing was called for March 15, 2010 at the hour of 6:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers of the Civic Center, to ascertain whether the public necessity, 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 to an underground utility district comprised of property within the public right-of-way on Edison Drive from Newland Street easterly terminus and Newland Street between Hamilton Avenue and Pacific Coast Highway per attached district map; and Notice was given to all affected property owners and utilities concerned in the manner and for the time required by law; and Such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach hereby finds and determines that the public necessity, 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 or associated service within that area more particularly described as the property within the public right-of-way on Edison Drive from Newland Street easterly terminus and Newland Street between Hamilton Avenue and Pacific Coast Highway, which is hereby established as Newland Street Underground Utility District No. 10-01 BE IT FURTHER RESOLVED that the City Council of the City of Huntington Beach finds one or more of the following: (a) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead transmission facilities; and (b) Said streets and avenues are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. (c) Said streets qualify as an arterial or major collector road. 10-2406/43298 1 Resolution No. 2010-25 (c) Said streets qualify as an arterial or major collector road. (d) Equipment.referenced above must be located within or pass through a civic, recreational or scenic area. BE IT FURTHER RESOLVED that all poles, overhead wires and associated overhead structures shall be removed and underground installations made in said underground utility district no later than March 31, 2010 by all affected utility companies. BE IT FURTHER RESOLVED that the City Clerk, within ten (10) days after the adoption of this.resolution, shall mail a copy hereof and a copy of the Huntington Beach Municipal Code Chapter 17.64 to affected property owners, if any, as shown on the last equalized assessment roll, and to the affected utilities. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of March, 2010 , ay r REVIE APPROVED: INITIATED AND APPROVED: C' inistrator `Director of Public orks SPROVED AS TO FORM: C 1 . �D City 2�• Attorney A4 !a 1-16 10-2406143298 2 Res. No. 2010-25 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 15, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CitVlerk and ex-officio erk of the City Council of the City of Huntington Beach, California ATTAC H M E N T #2 ENGINEER'S REPORT January 29, 2010 Newland Street Underground Utility District No. 10-01 Hamilton Avenue to Pacific Coast Highway and Edison Drive from Newland Street to Easterly Terminus DEFINITION OF AN UNDERGROUND UTILITY DISTRICT An underground utility district is an area in the City within which poles;overhead wires and associated overhead structures are prohibited. The procedure for establishing an underground utility district is clearly defined in Chapter 17.64 of the City's Municipal Code. PURPOSE OF UNDERGOUND UTILITY DISTRICTS: Currently, there are areas within the City where utility services still are provided to residential and commercial customers by way of overhead wires from utility poles within the public right-of-way. It is an on-going goal of the City to have overhead wires and poles removed along the major arterial roadways of the city. The removal of overhead wires and poles improves the general appearance of the street and reduces the potential for accidents, such as, a Vehicle hitting the power pole or possible power outage due to a storm. CALIFORNIA PUBLIC UTILITY COMMISSION(CPUC)RULES GOVERNING UTILITY DISTRICTS Two basic CPUC rules govern underground utility districts. The first is Southern California Edison (SCE) Rule 20 and the second is Rule 40 that applies to communication companies. Rule 20 includes two main components, Rule 20A and Rule 20B. Rule 20A provides local agencies a certain amount of credits (funding) per year that can be applied to utility undergrounding projects selected by the agency so long as public interest findings are met. Rule 20B applies if an area is not eligible for Rule 20A or if a local Agency cannot or chooses not to rely on the Rule 20A allocation process. Rule 20B allows rate funds to subsidize an undergrounding project by providing certain credits/discounts towards the cost of an undergrounding project. Rule 40 includes two main components. Rule 40.1 states that communication companies shall underground their utilities if required by an approved underground district. Rule 40.2 does not require an underground district and states that communication companies shall underground their_utilities at the request of an Agency if certain conditions are met. Most significantly, Rule 40.2 requires the Agency to pay for the infrastructure and transfer ownership of said infrastructure to the communication company. METHODS OF ESTABLISHING DISTRICTS In 1977, the Huntington Beach City Council adopted Huntington Beach Municipal Code, Chapter 17.64. This chapter set forth guidelines for procedures to.establish Underground Utility Districts. Pursuant to this chapter, the City Council must adopt two resolutions as Engineer's Report Newland Street Underground Utility District Formation a prerequisite to the establishment of an underground district. In the case of the proposed underground district, the first resolution calls for a public hearing to establish the underground district and the second resolution calls for the establishment of the underground district. PURPOSE OF THIS PROPOSED UNDERGROUND UTILITY DISTRICT During design of the Newland Street Widening project, it was decided that the overhead utilities shall be placed underground. In considering the funding options for this task, the City chose not to create an underground district for the project mainly because the City's Rule 20A credit allocations had already been encumbered for another undergrounding project in the City. As a result, this project was processed as a Rule 20B and City entered into agreement with SCE to receive credits on SCE's cost to underground. Per Rule 40.2, it was the City's understanding and belief that the communication companies would underground their utilities at their costs since the City met all the requirements stated in Rule 40.2. During construction,Verizon took a position that City was responsible for Verizon's cost to cable. City consulted with City Attorney and decided to move forward with the establishment of an underground district to solidify City's position. Since that time, Verizon has acknowledged that City meets all requirements under Rule 40.2 and has agreed to underground their facilities at their cost. Time Warner has already completed their work at their cost. UTILITY UNDERGROUND COORDINATION COMMITTEE Huntington Beach Municipal Code, Chapter 17.64.020 requires the formation of an Underground Utilities Coordinating Committee. The duty of the committee is to determine the location and priority of conversion work, and to advise the City Council on all technical aspects of undergrounding public utilities. Current committee members include: Travis Hopkins, Director of Public Works Bob Hall,Deputy City Administrator Scott Hess, Director of Planning &Building Mike Murray, Verizon Tony Aguilar, SCE On October 29, 2009, the committee met to discuss the project and evaluate whether the project met the utility undergrounding criteria. As a result, the committee had a majority vote affirming that the project met utility undergrounding criteria and recommended that the project be forwarded to the City Council for formation of an Underground District. Verizon's representative cast the only dissenting vote. DISTRICT TIMELINE Action/Event: Date: 1. Planning Commission(General Plan Conformance) January 26, 2010 2. City Council Resolution to set hearing February 16, 2010 2 Engineer's Report Newland Street Underground Utility District Formation 3. City Council Resolution to form District March 15, 2010 4. Construction phase (infrastructure, SCE cabling, Time Warner cabling) Completed 5. Construction phase (Verizon cabling) 3 Months (estimated) SUMMARY AND STAFF RECOMMENDATIONS 1. Call a public hearing to ascertain whether the public necessity, health, safety or welfare requires the removal of these poles and the associated structures. 2. Adopt by affirmative vote of at least five members of the Council a Resolution declaring that portion of Hamilton Avenue to Pacific Coast Highway and Edison Drive from Newland Street to Easterly Terminus as an Underground Utility District. 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', �'� :. w.a��_`£� ' r LOCATION MAP 1. _ t _ Map produced by information contained in the City off ­11- 1-1 I Huntington Beach Information Services Department , r 9 Geographic Information System.Information warranted for � :_ City use only.Huntington Beach does not guarantee its 11 , � -t > completeness or accuracy. ?1 e ^ ' ?, Map Produced on 10/2712009 ;li� ..... � \ � � � it R-H , , �11 , , !�-.,��, i -___-_____ , ,I __11 - �, X-4 �_ga......"', . f �, i L I I , I tMll,`i"',� , ,�,_ � ­ �� I �ilflll I I'll I I �J: .111 'Z-= __ �14 �­�hll i� � ��i --, ­- � � p -, ,,, , I — -—I 1�1,W H "' FrAl L-_,Ui� 1'� ­_`,� �, -lrlil,,-T� ,�� 'A [�, ��.'a I U`;�,-_\_ -, 11 IN, TIN , - �­ l V j., z 4416�_-___� , 1 0 - .� -.............�.!.....��_I� �_-M � -­ - " , - _W ­ c1 /_ � � it, A 1 -1 ,-,Iz�."I,I,�lilli,",�,],�A,�,,_,-,,X-_"',,, , _ -I, $"F 61 5, _,l& Wl", , ,,, - I I 0 477 954 x � t One inch equals 477 feet RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Adopt Resolution to Establish the Newland Street Utility Underground District COUNCIL MEETING DATE: March 15, 2010 RC�4 ATT/4C MEWS,,- ST��'US Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Appiicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION F4R MISSING %?�TT�lCHENTS RVIE ED �. RETURNS® ; ` FOR ARD,ED Administrative Staff ,1jwm Deputy City Administrator I 'tial oN City Administrator Initial oFN� SAP °( City Clerk P ( ) EXPLANATION'EOWRETURIV:OE:ITEM ® s RCA Author: T. Broussard Notice of Public Hearing for City Council Meeting on March 15, 2010 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, at the hour of 6:00 p.m., or as soon thereafter as possible on Monday the 15t' of March, 2010 for the purpose of adopting a resolution establishing an Underground Utility District on Edison Drive from Newland Street easterly terminus and Newland Street between Hamilton Avenue and Pacific Coast Highway. This notice complies with City Council Resolution 2010-07 that sets this date for the public hearing. The proposed action is pursuant to Chapter 17.64 of the Huntington Beach Municipal Code that authorizes the City Council to designate underground utility districts by resolution. An Underground Utility District is an area in the city where poles, overhead wires and associated overhead structures are prohibited. The costs for placing utility lines underground within the public street right-of-way within the Utility Underground District will be paid for by the City or the respective utility companies based upon the rules and regulations of the Public Utilities Commission. The City Engineer's report of the Underground Utility District is available for review by the public in the Public Works Department, first floor, or the City Clerk's Office, second floor, of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Interested persons may also contact Todd Broussard of the Public Works Department at 714-536-5247 to receive additional information. All citizens are invited to attend the public hearing and express their opinions for or against the adoption of the resolution. Written communications to the City Council may. be directed to the City Clerk prior to the date and time of the public hearing. ,, Easy Peel®Labels A Bend along line to �����®5160® Use AveryO Template 51600 Feed Paper ® expose Pop-Up EdgeTm j Nuboard Recycling Inc Mills Land& Water Co H&Z Investment Llc 1755 Park Ave 1920 Main St#1070 8551 Edison Ave Laguna Beach, CA 92651 Irvine, CA 92614 Huntington Beach, CA 92646 Brimlow Arthur K Tarnutzer Family Llc Fein Properties Llc 8541 Edison Ave 1320 Willow Pass Rd#300 21502 Newland St Huntington Beach, CA 92646 Concord, CA 94520 Huntington Beach, CA 92646 Huntington Beach Wetlands Conservancy AES AAA Animal Hospital Po Box Conservancy 21730 Newland St. 21632 Newland St. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 State Of California Dept Of Transportation 3337 Michelson Dr#380 Irvine, CA 92612 'o � 1 r Cep Etiquettes faciles a peler A Repliez A la hachure afin de i www.avery.com Utilisez le abarit AVERY®51600 i Sens de ch reveler le rebord Pop-Up"' ' 1-800-GO-AVERY 9 t arnamant , Jaen and Smudge Free Printing www.avery.com ® AVERY@ 5160® Use Avery@ TEMPLATE 51600 ® 1-800-GO-AVERV a SCE Time Warner Cable Verizon Tami Bui Jim Scott Ray Roundtree 7333 Bolsa Avenue 7441 Chapman Avenue 7352 Slater Avenue Westminster, CA 92683 Garden Grove, CA 92841 Huntington Beach, CA 92647 OWLS® V AH3AV-09-008-L ® 00965 4uege6 al zesum ��'J� wooAjane-mmm ® apidea 96eU:)as a;a a6eaanogrjue uoissaidwi M0 J. 0 CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Patty Esparza Date: February 18,2009 To: City Clerks Office. Project/C.C.No.: Regarding: ® We are sending you: ® By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Other: Item# Co ies Pages,,' µ. Descri tion 1 1 Public Notice 2 1 Mailing Lables 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the "Notice of Public Hearing" and the mailing labels for the affected properties, for the Proposed Underground Utility District to be heard at the March 15,2010 City Council Meeting cc: By: J.) M. Todd Broussard, Principal Civil E gineer G:\CONMUMON CONTRAcrs(CCs)\CC1095\ENGINEERING\VFYIZON UG Dismicr\T100218ESPARZAMOc Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of Notice of.Public Hearing general circulation, printed and published in for City(oueciI Meeting on March 15,2016 the City of Huntington Beach County of NOTICE IS HEREBY GIVEN that a public hearing will 'be held .by the City Council at the Civic Orange, State of California and the Center council Chambers, u Main Street, e Huntington Beach, at the hourr of 6:00 p.m., or attached Notice is a true and complete copy as soon thereafter as p he p rpos Monday the 15th of March;2010 for the u oe,of adopting � as was printed and published on the District tonnEd son Driveafrom dNewland Streeet following date(s): easterly terminus and Newland Street between 4 Hamilton Avenue and Pacific Coast Highway. This notice complies with City'Council Res- olufion 2010-07 that sets this date for the public hearing..The proposed action is pursuant to Chapter 17.64;of the Huntington Beach Mumci- pal Code that authorizes the City Council to designate'underground .utility,districts by res- . olution. I An Underground Utility District is an area in February 25 2010 the city where poles, overhead wires and associated overhead structures are prohibited. The costs for placing utility lines underground within the public street right-of-way within the w Utility Underground District will be paid for by the City or the respective utility companies based upon the rules and regulations of the Public Utilities Commission. The City Engineer's report of the Underground declare, under penalty of perjury, that the Utility District is available for review by the public in the Public Works Department, first foregoing is true and correct. floor, or the City Clerks Office, second floor, of City Hall,2000 Main Street,Huntington Beach between the hours.of 8:00 a.m.-and 5:00`p.m. Monday through Friday.Interested persons may also contact Todd Broussard of the Public Works j Executed on February 25, 2010 Department at 714-536-5247 to receive addition- al information. at Costa Mesa California All citizens are invited to'attend the public e hearing and express,their opinions,for or against the adoption of the resolution.Written commu- nications to the City Council'may be directed to the City.Clerk prior to the.date and time of the public hearing..." Published Huntington Beach.Independent Feb- ruary 25,2010 024-344 Sig re Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON Notice of Public Hearing BEACH INDEPENDENT, a newspaper of for City Council Meeting on March 15,2010 general circulation, printed and published in NOTICE IS HEREBY.GIVEN that a public hearing will be. held by the,City Council at the Civic the City of Huntington Beach County Of Center, Council Chambers, 2000 Main Street, Y g Y Huntington`Beach;, m"at the hour of.6:00 p. ., or Orana State Of nd the as soon thereafter as possible on Monday the g California,r 15th of Mardi,2010 for the;purpose of adopting attached Notice is a true and com lete co a resolution establishing an Underground Utility p copy �I District on Edison Drive from Newland"Street i. as was Tinted and published on the easterly terminus and Newland Street between p p Hamilton Avenue and Pacific Coast Highway. fOIIOWIng date($). This'notice complies. with City Council:Res- olution 2010-07 that sets this date for the public I hearing. The.proposed action is pursuant to Chapter 17.64-of the,Huntington Beach Munici- pal Code that authorizes the City Council to designate underground utility districts by res- olution. An'Underground Utility District is an area in i the city where.poles, overhead wires and associated overhead structures are prohibited. Februa 25 2O1 O The costs for placing utility lines underground ry ' within the public street right-of=way within the Utility Underground District will be_paid for by the City or the respective utility companies based upon the rules.'and regulations of.the Public Utilities Commission. The City Engineer's report of the Underground Utility District is available for 'review by the public in the Public Works Department, first declare, under penalty of perjury, that the floor;or the City Clerk's'Office, second floor; of City Hall,2000 Main Street,Huntington Beach foregoing is true and correct. between the hours of 8:00,a.m..,and 5:00 P.M. Monday through Friday.Interested persons may also contact Todd Broussard of the Public Works Department at 714-536-5247 to receive addition- al information All citizens,are invited to attend the public Executed on February 25, 2010 hearing and express their opinions for or against i the adoption of the resolution. Written commu- at Costa Mesa, California nications to the.city Council may be.directed to the City Clerk•prior;to.the.date and fime of the public:hearing.. Published.Huntington Beach Independent Feb- ruary 25,2010 024,344 Signature 1 1 Easy Peel®Labels ♦ Bend along line to IQ �j ( ® 5160® Use Avery®Template 51600D feed Paper ® expose Pop-Up Edger"' A 1 Nuboard Recycling Inc Mills Land &Water Co H &Z Investment Lic 1755 Park Ave 1920 Main St#1070 8551 Edison Ave Laguna Beach, CA 92651 Irvine, CA 92614 Huntington Beach, CA 92646 Brimlow Arthur K Tarnutzer Family Lic Fein Properties Llc 8541 Edison Ave 1320 Willow Pass Rd#300 21502 Newland St Huntington Beach, CA 92646 Concord, CA 94520 Huntington Beach, CA 92646 Huntington Beach Wetlands AES AAA Animal Hospital Conservancy 21730 Newland St. 21632 Newland St. Po Box 5903 Huntington Beach, CA 92646 Huntington Beach, CA 92646. Huntington Beach, CA 92646 State Of California Dept Of SCE Time Warner Cable Transportation Tami Bui Jim Scott 3337 Michelson Dr 7333 Bolsa Avenue 7441 Chapman Avenue Irvine, CA 92612 Westminster, CA 92683 Garden Grove, CA 92841 Verizon Ray Roundtree 7352 Slater Avenue Huntington Beach, CA 92647A)&-,)LA,J--1� a77c17V tiquettes faciles a peter ; ♦ Repliez A la hachure afin de www.averycom Utilisez le gabarit AVERY®51600D , Sens de., reveler le rebord Pop-Uprm ; 1-800-GO-AVERY ! t �I,arna de Underground Utility District Newland Street (Hamilton to PCH) and Edison Lane h „ µy City Council Meeting March 15, 2010 Background ■ In November 2007, City Council approved constructing Newland Street widening project (including undergrounding) ® During construction, communication companies challenged that cost for cabling should be paid by City ® Staff decides to recommend formation of District to City Council solidify undergrounding requirement ® Communication companies agree to comply with undergrounding ® Staff recommends to move forward with Underground District to assure future utilities will go underground � r1z-F CO Findings Necessary to Establish District (One of the following four needs to be met) ■ Location has an unusually heavy concentration of overhead facilities. • Location heavily traveled. ■ Overhead equipment must be located within a civic, recreational, or scenic area. ■ Location qualifies as an arterial or major collector road in the General Plan • Location has an unusually heavy concentration of overhead facilities. r t L 77 • Location is heavily traveled. (8,000 Average Daily Trips) 2 • Must be located within a civic, recreational, or scenic area. • Location qualifies as an arterial or major collector. i . f � D - s 111 7v r R }r YflICNfIBY.S.:Q='fLF'Y '. _ t L>fAYU/:[64PAN CF A4T,9t4 NW:AAa ��"iCE-3 ' Milestones ® October 29, 2009: Utility Underground Committee recommended formation of District ® January 26, 2010: Planning Commission approved General Plan Conformance February 16, 2010: City Council authorized Public Hearing ® February 25, 2010: Public notices sent according to MC Ordinance 17.64 3 Recommendation ■Adopt Resolution No. 2010-25 Establishing Underground Utility District on Edison Drive from Newland Street to Easterly Terminus and Newland Street Between Hamilton Avenue and Pacific Coast Highway (Per HBMC 17.64.100, affirmative vote of at least five (5) members of City Council is required). ■ QUESTIONS? 4 Joan L. Flynn, City Clerk ( a�' es��i'as'. ?I-icl tC1t cz 2 i City of Huntington Beach "� .... Office of the City Clerk P.O. Box 190 - Huntington Beach, CA 92648 A US POSTAGE LEGAL NOTICE - PUBLIC HEARING a� d; � =i Brimlow Arthur K �, 8541 Edison Ave Huntington Beach, CA 92646 QACS t-- � I RS*TVRN TO SENDER N►JNAGLE TO FORWARD r^; 0 ® MC: 925400:19090 *2077--02199-09—.26 t+ C-4 e I •� 1 Joan L. Flynn, City Clerk _ City of Huntington Beach Office of the City Clerk W �� wwtt " s„. d s�.. r^c p s z ACD �V py g ad ¢% 4 P.O. Box 190 C �6� "�'d 44 ® I Huntington Beach, CA 92648 ` 0 2:-' L) W 9<!6' 'r ; LEGAL NOTICE - PUBLIC HEARING PO A � . (L , G O , ` -0 ; ., _ Fein Properties Lie ® - - 21502 Newland St Zm : f Huntington Beach, CA 92646 NX>1IE: S;27 DE 1 oC 00/09/10 2ACS< -- RE TURN 'Tr SENDER NO MAIL RECEPTACLE UNACLE TO FORWARD BC: 92540019090 *.2677--0..2.200-09-26 y ?r Council/Agency Meeting Held: Deferred/Continued to: *A proved ❑ Conditionally Approved ❑ Denied City ' e 's nature Council Meeting Date: 2/16/2010 Department ID Number: PW 10-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU I MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO OF PUBLIC KS 44� SUBJECT: Adopt Resolution of Intent for theNewland Street Utility Underground District Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The resolution will provide for notification of a public hearing regarding the formation of the Newland Street (Hamilton to PCH) and Edison Drive Utility Underground District. Funding Source: No funds required for this action. Recommended Action: Motion to: Adopt Resolution No. 2010-07 , A Resolution of the City Council of the City of Huntington Beach Calling a Public Hearing to Determine Whether Public Necessity, Health, Safety or Welfare Require the Formation of an Underground Utility District on Edison Drive from Newland Street to Easterly Terminus and Newland Street Between Hamilton Avenue and Pacific Coast Highway; and Fixing March 15, 2010 at 6:00 p.m. in City Council Chambers as the Time for Hearing Protests and Objections to the Underground Utility District formation (Per HBMC 17.64.100, affirmative vote of at least five (5) members of City Council is required). Alternative Action(s): Deny adoption of the resolution and forgo formation of the district. REQUEST FOR CITY COUNCIL, ACTION MEETING DATE: 2/16/2010 DEPARTMENT ID NUMBER: PW 10-006 Analyses: During design of the Newland Street Widening project, it was decided to underground the existing overhead utilities along Newland Street from Hamilton Avenue to Pacific Coast Highway and all of Edison Drive in consideration of the Southeast Coastal Redevelopment Area committee's recommendation to that effect. It was the City's intent and understanding that the City would construct the underground infrastructure for Southern California Edison (SCE), Time Warner (TW), and Verizon and said utilities, except for SCE, would install their own cables and remove the poles consistent with California Public Utilities Commission (CPUC) rules governing utility undergrounding districts, Rule 20 and Rule 40. See the Engineer's Report (Attachment 2) for further discussion on these rules. The construction of the widening project began in July 2008. Once the utility substructures were completed and released to the utility companies, SCE and TW placed their cables underground per CPUC rules. However, Verizon took a position the City was responsible for the cabling costs for the project. As a result, staff initiated the process of forming an underground utility district to require Verizon to relocate their utilities underground in accordance with Rule 40.1. Since that time, Verizon has acknowledged that City meets all requirements under Rule 40.2 and has agreed to underground their facilities at their cost. Nevertheless, staff still recommends the formation of the underground district to require any future utilities to be placed underground. Huntington Beach Municipal Code, Chapter 17.64 sets forth guidelines and procedures for the formation of Underground Utility Districts and authorizes City Council to establish such districts. According to the Municipal Code, City Council can establish a district if public necessity, health, safety or welfare require the removal of poles. According to the Municipal Code, the first step requires a hearing by the Underground Utilities Coordinating Committee. The duty of the committee, comprised of three City representatives and one representative each from Verizon and SCE, is to review the proposed district and make a recommendation to City Council. On October 29, 2009, the committee met and by a vote of 3-1-1 (Verizon dissenting, SCE representative absent), recommended the formation of the district to the City Council. The Municipal Code also requires that the Planning Commission review the formation of the district and determine its conformance with the City's General Plan. On January 26, 2010, the Planning Commission approved General Plan Conformance No. 09-006. As a prerequisite to the establishment of a district, two resolutions must be adopted by City Council. The first resolution calls for a public hearing to establish the District. The resolution fixes March 15, 2010, at 6:00 p.m., as the date and time for the hearing of objections to the formation of the underground utility district. At the conclusion of the public hearing, a second resolution is adopted, which establishes the District. -2- 2/2/2010 10:37 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/16/2010 DEPARTMENT ID NUMBER: PW 10-006 Public Works Commission Action: Not required Strategic Plan Goal: Maintain, improve and obtain funding for public improvements Environmental Status: Not applicable Attachment(s): 1. Resolution No. 2010-07 A Resolution of the City Council of the City of Huntington Beach Calling a Public Hearing to Determine Whether Public Necessity, Health, Safety or Welfare Require the Formation of an Underground Utility District on Edison Drive from Newland Street Easterly Terminus and Newland Street Between Hamilton Avenue and Pacific Coast Highway 2. Engineer's Report dated January 29, 2010 -3- 2/2/2010 10:37 AM ATTACHMENT # 1 RESOLUTION NO. 2010-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON EDISON DRIVE FROM NEWLAND STREET EASTERLY TERMINUS AND NEWLAND STREET BETWEEN HAMILTON AVENUE AND PACIFIC COAST HIGHWAY WHEREAS, Huntington Beach Municipal Code Chapter 17.64 establishes a procedure for the creation of underground utility districts and requires, as the initial step, the holding of A public hearing to ascertain whether public necessity, 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 in any such district; and It has been recommended that such an underground utility district be formed to include property within the public right-of-way on Edison Drive from Newland Street easterly terminus and Newland Street between Hamilton Avenue and Pacific Coast Highway (see Exhibit A attached), NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve as follows: SECTION 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach on March 15, 2010— at the hour of 6:00 _ p.m. in the Council Chambers of the Civic Center, or as soon thereafter as the matter may be heard, to ascertain whether the public necessity, 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 associated service in the districts hereinabove described. SECTION 2. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. SECTION 3. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least ten (10) days prior to the date thereof. I 0-1-MoA3297 Resolution No. 2010-07 SECTION 4. The areas proposed to be included in the district are shown on those certain maps entitled "Newland Street Underground Utility District" which is on file in the Department of Public Works of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the loth day of February , 2010. a REVIEW APPROVED: INITIATED AND APPROVED: City Apnini rator �-Dircctor of Public Works _,,APPROVED AS TO FORM: ity Attorney AV 1 10-2406143297 2 Res. No. 2010-07 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of.the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on February 16, 2010 by the following vote. AYES: Carchio, Coerper,Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None tj C(W1 Clerk and ex-officik6lerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 ENGINEER'S REPORT January 27, 2010 Newland Street Underground Utility District No. 10-01 Hamilton Avenue to Pacific Coast Highway and Edison Drive from Newland Street to Easterly Terminus DEFINITION OF AN UNDERGROUND UTILITY DISTRICT An underground utility district is an area in the City within which poles; overhead wires and associated overhead structures are prohibited. The procedure for establishing an underground utility district is clearly defined in Chapter 17.64 of the City's Municipal Code. PURPOSE OF UNDERGOUND UTILITY DISTRICTS: Currently, there are areas within the City where utility services still are provided to residential and commercial customers by way of overhead wires from utility poles within the public right-of-way. It is an on-going goal of the City to have overhead wires and poles removed along the major arterial roadways of the city. The removal of overhead wires and poles improves the general appearance of the street and reduces the potential for accidents, such as, a vehicle hitting the power pole or possible power outage due to a storm. CALIFORNIA PUBLIC UTILITY COMMISSION (CPUC) RULES GOVERNING UTILITY DISTRICTS Two basic CPUC rules govern underground utility districts. The first is Southern California Edison (SCE) Rule 20 and the second is Rule 40 that applies to communication companies. Rule 20 includes two main components, Rule 20A and Rule 20B. Rule 20A provides local agencies a certain amount of credits (funding) per year that can be applied to utility undergrounding projects selected by the agency so long as public interest findings are met. Rule 20B applies if an area is not eligible for Rule 20A or if a local Agency cannot or chooses not to rely on the Rule 20A allocation process. Rule 20B allows rate funds to subsidize an undergrounding project by providing certain credits/discounts towards the cost of an undergrounding project. Rule 40 includes two main components. Rule 40.1 states that communication companies shall underground their utilities if required by an approved underground district. Rule 40.2 does not require an underground district and states that communication companies shall underground their utilities at the request of an Agency if certain conditions are met. Most significantly, Rule 40.2 requires the Agency to pay for the infrastructure and transfer ownership of said infrastructure to the communication company. METHODS OF ESTABLISHING DISTRICTS In 1977, the Huntington Beach City Council adopted Huntington Beach Municipal Code, Chapter 17.64. This chapter set forth guidelines for procedures to establish Underground Utility Districts. Pursuant to this chapter, the City Council must adopt two resolutions as Engineer's Report Newland Street Underground Utility District Formation a prerequisite to the establishment of an underground district. In the case of the proposed underground district, the first resolution calls for a public hearing to establish the underground district and the second resolution calls for the establishment of the underground district. PURPOSE OF THIS PROPOSED UNDERGROUND UTILITY DISTRICT During design of the Newland Street Widening project, it was decided that the overhead utilities shall be placed underground. In considering the funding options for this task, the City chose not to create an underground district for the project mainly because the City's Rule 20A credit allocations had already been encumbered for another undergrounding project in the City, As a result, this project was processed as a Rule 20B and City entered into agreement with SCE to receive credits on SCE's cost to underground. Per Rule 40.2, it was the City's understanding and belief that the communication companies would underground their utilities at their costs since the City met all the requirements stated in Rule 40.2. During construction, Verizon took a position that City was responsible for Verizon's cost to cable. City staff disagreed, consulted with the City Attorney, and decided to move forward with the establishment of an underground district to solidify the City's position. Time Warner chose to conform to Rule 40.2 and underground their cables at their cost. UTILITY UNDERGROUND COORDINATION COMMITTEE Huntington Beach Municipal Code, Chapter 17.64,020 requires the formation of an Underground Utilities Coordinating Committee. The duty of the committee is to determine the location and priority of conversion work, and to advise the City Council on all technical aspects of undergrounding public utilities. Current committee members include: Travis Hopkins, Director of Public Works Bob Hall, Deputy City Administrator Scott Hess, Director of Planning & Building Mike Murray, Verizon Tony Aguilar, SCE On October 29, 2009, the committee met to discuss the project and evaluate whether the project met the utility undergrounding criteria. As a result, the committee had a majority vote affirming that the project met utility undergrounding criteria and recommended that the project be forwarded to the City Council for formation of an Underground District. Verizon's representative cast the only dissenting vote. DISTRICT TIMELINE Action/ Event: Date: 1. Planning Commission (General Plan Conformance) January 26, 2010 2. City Council Resolution to set hearing February 16, 2010 3. City Council Resolution to form District March 15, 2010 2 Engineer's Report Newland Street Underground Utility District Formation 4. Construction phase (infrastructure, SCE cabling, Time Warner cabling) Completed 5. Construction phase (Verizon cabling) 6 Months (estimated) SUMMARY AND STAFF RECOMMENDATIONS 1. Call a public hearing to ascertain whether the public necessity, health, safety or welfare requires the removal of these poles and the associated structures. 2. Adopt by affirmative vote of at least five members of the Council a Resolution declaring that portion of Hamilton Avenue to Pacific Coast Highway and Edison Drive from Newland Street to Easterly Terminus as an Underground Utility District. 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F' - rh�`"`'"s r �"*.,nn P J- 3,' - r uT r, it i` '! } , + �r � iU` .. ;�i " rf t�xs�_ `'*,} ay k- n Ito G _ - LOCATION MAP "� �� ' `�` on�� .-t Map produced by information contained in the City of 710M1 �7 Huntington Beach Information Services Department -E -" r Geographic Information System.Information warranted for 2 P r City use only.Huntington Beach does not guarantee its 1 '�� &r I completeness or accuracy. , Map Produced on 1012712009 III � ` r` _.. � `a I to F111,'r 11111, 17,", f 1_1 _$ 4 !4 k y Mr-��,`� � ;f 0 477 954 UI i One inch equals 477 feet , r. ,sf e;- CA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Adopt Resolution of Intent for the Newland Street Utility Underground District COUNCIL MEETING DATE: February 16, 2010 CA_}ATTAC9iVl NT STATUS. Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not A pl!cable Staff Report (If applicable) Notached El t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANe4T10N F(3R MISSING ATTACH ENTS, I�ETUN'ED FOR A DAD Administrative Staff Deputy City Administrat Initia + City Administrator Initial �tGCo City Clerk EXPLANATION FOR =.RET ;, F,:ITEiVI: yo RCA Author: T. Broussard