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HomeMy WebLinkAbout10/6/1999 - STAFF REPORTS (17) DATE: Ocwber6, 1999 W 1TV&Y0A-t-j TO: City Council FROM: Grants and Government Aff errs Manager via Assistant City Manager-Operdions APPROVE COOPERATIVE AGREEMENT FORMING INDIAN AVENUE RULE 20A UTUM UNDERGROUNDING DISTRICT RECOMMENDATION: That the City Council adopt a Resolution approving a Cooperative Agreement rowing the formation of a utility undergrounding distric4 under Rule 20A,to be administered by the County of Riverside and constructed by Southern California Edison Co., (SCE) to underground existing overhead poles and lines along Indian Avenue and Garnet Avenue at Interstate 10 interchange,City Prqjed No.99-19. BACKGROUND: The City of Palm Springs has been approached by land developers and the County of Riverside to form a new utility undergrounding district at the intersection of Indian Avenue and Gannet Avenue at the Interstate 10 interchange,using Rule 20Afuadingunder aprogram administered by Southern California Edison Co. (SCE)and under California Public Utilities Commission(PUC)guidelines. The Rule 20A funds are intended to be used primarily to underground existing overhead utility poles and lines for aesthetic purposes. The finds can also be used in special cases, however, to underground lines that represent a threat to health and safety. The undergrounding must take place on highly visible public locations,like mayor road thomughfares or busy activity centers that would benefit from the visual cleanup by removal of poles and overhead wires. A current 199194 Rule 20A undergrounding project by the City and SCE was recently completed along E.Palm Canyon Drive and El Cielo Road at a cost of$33 million,which was mortgaged out for nine years. We have received awritten request and draft Cooperative Agreemaut from the County of Riverside to form the proposed Utility Underground District at IndbudGameHi-10 interchange vicinity. The estimated undergrounding cost of$2,195,000 would be funded by County of Riverside Rule 20A Utility Undergrounding costs with developer participation by commercial property owners fronting the facilities. Attached for Council's consideration is a Resolution approving a Cooperative Agreement with the County of Riverside,which calls for the formation ofthe proposed Rule 20A Uti lity Undergrounding District Also attached ere SCE boundary maps. SCE plans to proceed with the bidding proses after the Public Hearing process is complete,and construction is expected to be completed by in about one year. Please rote that all costs are being paid for by County of Riverside Rule 20A SCE allocation funds and developer fiords and no local City general funds are required_ APPROVEDRWPA--- �ROBERT L.MOMER xWM r SM Grants and 71 ove ant Affairs T Assistant City Manager-Operations APPROVED: tty Manager ATTAC RVIENTS: 1. Resolution-approving Cooperative Agreement wilt Riverside County Forming Undergroundiog District 2. Riverside County Cooperative Agneemertt 3. SCE Location Maps 4. Cost Estimate($2,195,000) 19 ,04 O'kVLANWD COUNTY OF RIVERSIDE TRANSPORTATION AND Z *�* LAND MANAGEMENT AGENCY Transportadon Department David a Baffin Dirmor of TYansiwnadwr August 31, 1999 Mr. Robert L. Mohler Transportation/AD, and Grants Manager City of Palm Springs 3200 E. Tahqukz Canyon Way P.O. Box 2743 Palm Springs, Ca. 92263-2743 Re: Draft Cooperative Agreement Proposed Indian Avenue/Garnet Avenue Rule 20-A project Dear Mr. Mohler, Transmitted for review by the City of palm Springs is the draft of the proposed cooperative agreement between the County of Riverside and the City of Palm Springs for the undergrounding of utilities in the Garnet area. The agreement has been prepared by the county'a Transportation Department in accordance with our recent field meeting and correspondence,and has been reviewed by our legal counsel. Review by technical and legal staff of the City of Palm Springs is now appropriate. Thank you for your attention to this matter. If you have any questions or need additional Information, please contact me at your convenience at (909)955-6786. Sincerely, A-, a. Q Stan Da , Principal Engi ring Technician Contracts and Ud9fies Un/t sd attachment W.George Johnson Scott Staley Ray Mendez,SCE �� 4080 Lemon Strew, 81h flow•Riverside,C:elirornia 92501 •(909)955.6740 P.O.Box 1090•Riverside,C:aiiromia 925W,1090•FAX(909)955-6721 I County Contma no. 2 COOPERATIVE AGREEMENT 3 Indian Avenue and Garnet Avenue Underground Utility District 4 5 This agreement(hereinafter referred to as "AGREEMENT")is made and entered into this 6 day of_ . 1999,by and between the County of Riverside, a political 7 subdivision of the State of California(hereinafter referred to as nCOUNM, and the City of 8 Palm Springs, a municipality(hereinafter refaled to as "CITyu). 9 10 RECITAIS° 11 12 wHE ,COUNTY and CITY desire to participate in an Underground Utility Project in the 13 vic;ioity of Indian Avenue and Garnet Avenue in the Palm Springs area(haeinaRer referred to as 14 "PR03ECT"I to replace overhead utility facilities under 34 kilovolts with underground facilities• 15 and 16 17 Wes,COUNTY and CITY have determined the boundaries of the proposed 18 Undagound Utility District(hereinafter ref tired to as "DISTRICT")in cooperation with the 19 Southern California Edison Company(hereinafter refeaed to as "EDISON")and the proposed 20 District boundaries are partially within the CITY and partially within the COUNTY,and 21 22 AREAS,COUNTY desires to utilize County Rule 20-A Undagound Utility Conversion 23 Rands for the majority of the costs of the PROJECT,and 24 25 'WHEREAS,CITY desires to place utilities underground within the project area,but does not 26 have We 20-A Rinds available; and 27 28 COOPMATIVEAGIUMMM Page 1 Of ' /�•�t 3 1 WHEREAS, CITY has entered into agreements with certain property owners for funding 2 participation in a underground utility district; and 3 4 WHEREAS,the established procedure for the utilization of California Public Utilities 5 Commission(hereina#ter referred to as "CPUC")Rule 20-A finds is for the serving electric 6 utility company(EDISOM as the owner of the electric facilities,to review and approve the 7 eligibility of candidate projects,to design the conversion improvemems,and to advertise,award, 8 and administer the construction of the conversion improvements; and 9 10 WERREA S,EDISON has determined that the PROJECT is a qualifying project under the I I CPUC guidelines; 12 13 NOW,THEREFORE,the parties hereby agree as follows: 14 15 1. Recitals. The above recitals are true and correct, 16 2. jead,Agm COUNTY shall be the lead agency for the PROJECT. 17 3. Bmiml Boundaries,The project boundaries shall be in conformance with the project 18 boundary map, designated Attachment"A",which is attached and made a part hereof; 19 subject to such minor modifications as may be requited for practical considerations in the 20 implementation of the PROJECT. Attachment"A" also indicates that portion of the 21 PROJECT that is within the COUNTY and that portion that is within the CITY. 22 4. ProiectDascriptim. The PROJECT is to replace all overhead utility facilities with 23 underground facilities,except for surface mounted utility facilities that do not support 24 overhead cables,those utility facilities that exceed 34 kilovolts,and those overhead 25 facilities that are near the EDISON owned substation adjacent to the PROJECT boundaries 26 and determined by EDISON to be critical in the operation of the substation. 27 28 COOPERATIVE AGREENM Pager 2 of 6 1 5. Pftigg Costs. The PROJECT cost is estimated at$2,175,000,excluding agency 2 administration costs, as described in Attachment"B",which is attached and made a part 3 hereof. 4 6• CITY shall rind,or cause to be funded,the 5 underground utility costs along the frontage of the properties located on the southwest and 6 northeast comers of the intersection of Indian Avenue and Garnet Avenue,consistent with 7 the agreements between the CITY and each respective property owner. CITY shall deposit 8 with EDISON,or cause to be deposited with EDISON,the estimated proportionate project 9 cost attributable to the two parcels,which has been calculated by EDISON and is shown 10 on attachment"B". 11 7. Use of Q=Rule 20-A Funds. COUNTY shall authorize EDISON to utilize COUNTY 12 Rule 20-A finds for the PROJECT,including that portion of PROJECT which is within the 13 CITY. The Rule 20-A costs are estimated at$2,175,000,less the proportionate private 14 Property owner contribution as described in Section 6,above. 15 S. Administrative Costs- Adminish2five costs incurred by COUNTY and CITY will be the 16 ftmdmg responsibility of each respective party,and neither entity shall bill the other for 17 such costs. 18 9' CoM Dktdct EstablishmentCOUNTY shall establish an Underground Utility District 19 for that portion of the PROJECT that is within its jurisdictional boundaries by action of its 20 Board of Supervisors, in accordance with established procedures, and order the relocation 21 of overhead facilities within the PROJECT area that are 34 kilovolts or less for that portion 22 of the PROJECT that is within its jurisdictional boundaries. 23 10. i District Bighfiahm= CITY shall establish an Underground Utility District for that 24 portion of the PROJECT that is within its jurisdictional boundaries by action of its City 25 Council,in accord =with the established procedures, and order the relocation of 26 overhead,facilities within the PROJECT area that are 34 kilovolts or less for that portion of 27 the PROJECT that is within its jurisdictional boundaries. 28 COOPERATIVE AORZFX4 T Pale 3 of 6 1 11, Cooperation. Both CITY-and COUNTY will cooperate and coordinate with each other and 2 EDISON for the implementation and completion of the PROJECT.Both CITY and 3 COUNTY will perform such actions,as necessary and appropriate for the implementation 4 and completion of the PROJECT,including property owner coordination and the resolution 5 of problems pertaining to property owner compliance with Underground Utility District 6 requirements within each entity's respective jurisdiction. 7 12. Encroachment Permits. CITY shall issue encroachment permits to EDISON and COUNTY s as needed for construction of PROJECT at no cost to EDISON or COUNTY. COUNTY 9 shall issue encroachment permits to EDISON and CITY as needed for construction of 10 PROJECT at no cost to EDISON or COUNTY. 11 13. RadMeal Lulmnification.Each party hereto shall indemnify, defend,save and hold 12 harmless the other party and their respective officers, agents,and employees,of and from 13 any and all liability, claims,demands, debts, losses or suits or damages to other parties for 14 death,paonal ink'or property damage, arising out of or in any manner connected with 15 the perfomtanee of the duties and obligations of such indemnifying party under this 16 AGREEMENT. 17 14. Eumessors and assigns. This AGREE IENf shall inure to the benefit of and be binding on is each of the parties and their respective successors and assigns. 19 15. Smmability. The invalidity of any provision in this AGREEMENT as determined by a 20 court of competent jurisdiction shall in no way affect the validity of another provision 21 hereof. 22 23 24 25 26 27 2s COOPERATIVE AGREEMENT' Page 4 of 6 1 16. SAM, Any notice authorized or required to be given by this AGREEIILENT or 2 Proceedings related hereto shall be deemed to have been sufficiently given if and when sent 3 by first class mail,postage Prepaid,to the parties as follows: 4 To Cody: To City: 5 COUNTY OF RIVERSIDE C17Y OF PALM SPRINGS 6 Transportation Department 3200 E Tahquitz Canyon Way 7 4080 Lemon Street, 81h floor P.O.Box 2743 8 P.O.Box 1090 Palm Springs,Ca 92263 2743 9 Riverside,Ca. 92502-1090 Attn:Robert L.Mahler 10 Attn: Stan Dery 11 12 17. This AGREEMENT contains the entire agreement between the parties with respect to the 13 matters herein provided for and may be amended by a subsequent written agreement 14 exm ted by all parties. Tbis AGREEMENT may be executed in counterparts each of is which shall be deemed an original,but which together shall constitute a single agreement. 16 17 18 19 20 - 21 22 23 24 25 26 27 28 COOPMATM AGREEMENT Page 5 of6 18avq I 1 2 IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the data 3 indicated above. 4 5 COUNTY OF RIVERSIDE CITY OF PALM SPRINGS 6 By, B y C Board of 7 Supervisors 8 9 Dated D 10 ATTEST: ATTEST: 11 GFRALD A.MALONEY Clark of the Board 12 13 Eby of the Bo By City Clerk 14 APPROVED AS TO FORM: APPROVED AS TO FORM: 15 William C.KaUenstein 16 Cow'Counsel 17 18 BYkiiay county Coups By 19 20 21 ad 22 23 24 25 26 27 28 COOPERATIVE AGREENOW Page 6 of 6 1315 RESOLUTION NO. OF THE CITY COUNCIL OF TIE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO FORM A RULE 20A UMXIY UNDERGROUNDING DISTRICT AT THE INTERSECTION OF INDIAN AVENUE/GARNET AVENUE AND INTERSTATE 10 IN COUNTY OF RIVERSIDE AND CITY OF PALM SPRINGS AND TO ESTABLISH RULE 20A BOUNDARY MAP BOUNDARIES. ALL COSTS TO BE FROM COUNTY OF RIVERSIDE RULE 20A UTILITY UNDERGROUNDING FUNDS AND FROM DEVELOPER CONTRIBUTIONS,ALSO MINOR ADMINISTRATIVE CITY COSTS ALLOCATED FOR THE INDTAN AVENUE/GARNET AVENUE RULE 20A UTILITY UNDERGROUNDING DISTRICT. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs does hereby: 1. Approve Cooperative Agreement with the County of Riverside to form a Rule 20A Utility Undergrounding District at the intersection of Indian AvenudGarnct Avenue and Interstate 10 in County of Riverside and City of Patin Springs;and 2. Establish City District within County of Riverside Rule 20 A Underground District boundary map (indicated on Attachment"A"),and 3. That all costs to be from County ofl2iverside Rule 20A Utility Undargrounding Funds and also from developer contributions and minor administrative City costs as indicated on Estimate of Project Costs,(Attachment"B"). ADOPTED this day of October 1999. AYES: NOES: ABSENT: ATTEST: CfIY OF PALM SPRINGS,CALIFORNIA BS' City Clam City Manager REVIEWED&APPROVED AS TO FORM ATTACFIIvv lRM: I. Cooperative Agreement 2. Boundary Map(Attachment"A") 3. Estimate of Project Costs(Attachment"B") � -b w _ \ �SIN`INN IN' MN IN \ \ M ONNN mi �v\�vvvovvvvvvV� yvvvvvvvvvvvvvvvvvv���y wwvvvv��\\ �. ♦ ♦ INNNNN \\ \ �y::.,�y \ \� v vv ISON\ \\� y mNN A v \ v \ n \\ \� ' , �\\SM \ _ \ \ �\\ \ . r Cooperative Agreernent Rule 20-A Underground Utility District project ATTACHMENT'S" Estimate of Project Costs Rule 20-A Underground utility District project Indian Avenue and Garnet Avenue palm Springs/Garnet area Design, Construction and Inspection $2,175,000 Seo<oeofFunds; CPUC Rule 20-A 1,995,000 City/Deaeloper agre®mt(Nth 110,000 City/Devdopxa�mt(SB) _ 70.000 ' Total• 2,175,000 CITY Administrative costs $ 10,000 SourceofFunds:Cltyfunds COUNTY Administrative costs $ 10,000 Source of Funds:County fonds Total Estimated project costs: $2,195,000 ad goo b —