Loading...
HomeMy WebLinkAboutB- 4 Establishment of Underground Utility District for Montecito Homes v ` - AZUSA AGENDA ITEM MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: City Attorney VIA: Rick Cole, City Manager DATE: December 14, 2000 SUBJECT: Establishment of Underground Utility District for Montecito Homes area SUMMARY Staff has prepared an engineer's report detailing a proposal to create a utility undergrounding district in order to underground certain electric and communication utility lines in the Montecito homes area. The undergrounding of the lines would provide space needed to install nets and baffles along the golf course at a height which will provide greater protection from golf balls to the owners of property in the Montecito homes area. In order to establish the district the city must hold a public hearing and adopt a resolution. Staff recommends that the city council hold the scheduled public hearing and adopt the proposed ordinance. BACKGROUND The city has received numerous complaints about golf balls from the owners of property located adjacent to the Azusa Greens golf course. A golf course safety engineer has opined that the installation of certain nets and baffles along a portion of the golf course adjacent to the Montecito area will significantly improve protection to property and people in the area. In order to install the nets and baffles at the necessary height the utility poles and overhead wires in the area must be undergrounded. Staffs initial estimates of the undergrounding costs was between $200,000 and $250,000. It was later determined that the cost of undergrounding the utility wires owned by the private utilities, Verizon and Charter Communications, would add an additional $150,000 to the estimated costs. 41:2/Wg., ,"/,c/oo RVPUB\NGS\605488 g"ilr/115- • The responsibility for the costs of undergrounding private utility lines lies with the private utility companies. The private companies may recover the costs incurred through the regulatory process set forth in California Public Utility Commission Rule 20A provided that the city establishes an undergrounding utility district. Our city electrical engineer, Fred Langit, has opined that no direct customer service lines will be affected since the lines directly connecting the homes to services are already undergrounded. The Azusa Municipal Code provides a notice and hearing process for the establishment of an undergrounding district. In order to establish the district the city council must find that the public necessity health, safety or welfare requires such removal and such underground installation. The council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. In accordance with that process, staff has prepared an engineer's report, mailed notice to the affected parties and has prepared a proposed resolution. The resolution includes the findings that the undergrounding of the utilities is in the public interest because it will provide for improved safety in the area. FISCAL IMPACT The city's share of the undergrounding costs shall be no more than $250,000. The funds will come from the utility undergrounding funds which contains money set aside for undergrounding utility poles and lines throughout the city. RECOMMENDATION Staff and the city attorney recommend that the city council hold the public hearing and adopt the proposed resolution establishing an undergrounding district for the undergrounding of utility lines serving the Montecito homes. Attachments: Proposed resolution Engineer's report RVPUBWGS\605488 Proposed Undergrounding Utility District Engineer's Report Introduction This report has been prepared in accordance with Section 78-82 of the Azusa Municipal Code in order to establish an underground utility district in order to underground certain poles,overhead wires and facilities for supplying electric and communication services in the residential area commonly known as the Montecito homes project. Mr. Fred Langit, an electrical engineer employed by the City of Azusa, has carefully considered the potential for undergrounding certain overhead of wires and facilities for supplying electric and communication services in the Montecito homes project area. Mr. Langit has determined that it is feasible to underground such utility lines as described in the attached map.. Affected Utilities The following utilities currently own and operate the overhead lines in the affected area: 1. The City of Azusa—utility poles, electric service wires and related facilities. 2. Verizon—telephone services wires and related facilities. 3. Charter Communications—cable television wires and related facilities. Utility Participation Azusa The City of Azusa will be required to underground its electric utility poles,wires and related facilities. The total estimated costs for such undergrounding is between$225,000 and$250,000. Verizon Verizon will be required to underground its telephone wires and related facilities at an estimated cost of$95,000. Charter Communications Charter will be required to underground its cable television wires and related facilities at an estimated cost of$45,000. r Estimated Completion Time The engineer estimates that it will take between six and eight months to complete the undergrounding work. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AUTHORIZING UNDERGROUND INSTALLATION OF OVERHEAD UTILITY WIRES AND RELATED FACILITIES AND ESTABLISHING AN UNDERGROUND UTILITY DISTRICT WHEREAS, pursuant to California Streets and Highways Code and the Azusa Municipal Code, the City of Azusa is authorized to establish an underground utility district in order to facilitate the underground installation of overhead utility wires and related facilities; and WHEREAS, a city engineer has prepared a report relating to the establishment of the proposed district(the "Report"), a copy of which is attached as Exhibit A; and WHEREAS, the City Council has held a public hearing on December 18, 2000,to hear comments from the utility companies and residents affected by the plan to underground utility lines in the residential area commonly referred to as the Montecito homes project area(the "Designated Area"; and WHEREAS, if the City Council finds that the public necessity health, safety or welfare requires such underground installation within the designated area,the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Findings. The City Council finds that the existing poles and overhead utility lines in the designated area are a threat to the public safety and welfare in that such facilities currently exist in the center of a roadway providing access to the residences in the designated area. The Council further finds that the undergrounding of the utilities will allow for the future installation of nets and baffling facilities in the immediate vicinity of the designated area in order to provide protection from golf balls which currently pose a threat to people and property in the area. SECTION 2. Undergrounding of Utilities. The City Council hereby orders the undergrounding of the utility poles, wires and facilities identified in the Report to be undergrounded. The Council orders that such undergrounding shall be completed within six to eight months days from the effective date of this Resolution. SECTION 3. Costs. The Council finds that the affected utilities, Verizon and RVPUB\NGS\605489 1 Charter Communications, shall furnish, at their respective costs, those portions of the conduits, conductors and associated equipment required to be furnished by them under all applicable rules (CPUC Rule 20A), regulations and tariffs or in accordance with their respective contractual obligations to the City of Azusa. SECTION 4. Notification of Action. The city clerk is hereby instructed to notify all affected utilities and persons of the adoption of this Resolution within ten days after the date of its adoption. SECTION 5. Effective Date. This resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 18th day of December, 2000. Cristina C. Madrid Mayor ATTEST: Adolph Solis City Clerk RVPUB\NGS\605489 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the • foregoing Resolution No. was duly introduced and adopted at a regular meeting of the City Council on the 18th day of December, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Adolph Solis, City Clerk RVPUB\NGS\605489 3 414 #g £ro { Y; F •,`'t � e , 2 • ' MONTECITO E- CErC I RPORA' ION` Board of �y Azusa, CA ! J.Dale Mitchell,President Douglas Kopinski, Vice President Mark Avila,Secretary Steve Ibay, Treasurer December 14, 2000 City Council Attention: Mr. Fred Langit _ c� City,of Azusa o -i-i --j- 213-E. Foothill Boulevard rn Azusa, CA 91702 Re: Public hearing on December 18, 2000, to consider whether to establi6rra ulibty = _� undergrounding district to convert overhead electric`and communications f�►lities tom 1�.._ underground locations. cr, c Ladies and Gentlemen: I am writing on behalf of the Board of Directors of the Montecito Maintenance Corporation, the homeowners' association representing the Azusa Greens housing development. The proposal to convert the overhead electric and communications lines to underground locations directly affects our development. We strongly support this proposal and ask that the City Council also support the measure and establish the undergrounding district. As you are aware, removal of the utility lines is necessary in order to allow the installation of netting on the golf-course side of Montecito Drive to provide protection from errant golf balls for the homeowners in the Azusa Greens development. We have had this serious "golf-ball" problem since the development was completed. In addition, the undergrounding of the utility lines is an important first step necessary to implement a mediation agreement that will settle a lawsuit that was filed against the homeowners' association and the City of Azusa. We believe that it is in the best interest of all concerned parties that this lawsuit be settled by mediation rather than by litigation. Your approval of this undergrounding proposal will be a first step toward this end. Thank you for your support on this issue. Sincerely, J. Dale Mitchell Address Correspondence to Montecito Maintenance Corporation,Attention: The Cannon Management Company 2900 Adams Street—Suite C200—Riverside,CA 92504 (909)354-5365 FAX(909)354-8968