HomeMy WebLinkAbout10/20/1999 - STAFF REPORTS (20) DATE: October 6, 1999
TO: City Council
FROM: Grants and Government Affairs Manager via Assistant City Manager-Operations
APPROVE COOPERATIVE AGREEMENT FORMING INDIAN AVENUE RULE 20A UTILITY
UNDERGROUNDING DISTRICT
RECOMMENDATION:
That the City Council adopt a Resolution approving a Cooperative Agreement regarding the
formation of a utility undergrounding district,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
Project No.99-18.
BACKGROUND:
The City of Palm Springs has been approached by land developers and the County of Riverside to
form anew utility undergrounding district at the intersection of Indian Avenue and Garnet Avenue
at the Interstate 10 interchange,using Rule 20A funding under a program 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 funds 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,lilre major road thoroughfares or busy activity centers that would
benefit from the visual cleanup by removal of poles and overhead wires.
A current 1993/94 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$3.3 million,which was mortgaged out
for nine years.
We have received a written request and draft Cooperative Agreement from the County of Riverside
to form the proposed Utility Underground District at Indian/Gamet/1-10 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 ofRiverside,which calls for the formation ofthe proposed Rule 20A Utility Undergrounding
District. Also attached are SCE boundary maps.
SCE plans to proceed with the bidding process after the Public Hearing process is complete,and
construction is expected to be completed by in about one year.
Please note that all costs are being paid for by County of Riverside Rule 20A SCE allocation fiords
and developer fimds and no local City general funds are required.
APPROVED:
�ROBERT L.MOHLER a MSM
Grants and Gova ent Affairs Ma agor Assistant City Manager-Operations
APPRO�VrE�D�:
" _ V rtY Manager
ATTACHMENTS:
1. Resolution approving Cooperative Agreement with Riverside County Forming Undergrounding
District
2. Riverside County Cooperative Agreement
3. SCE Location Maps
4. Cost Estimate($2,195,000)
OF Pop, COUNTY OF RIVERSIDE
TRANSPORTATION AND
LAND MANAGEMENT AGENCY
LAND M� Transportation Department David F. Barnhart
Director of Transportanon
August 31, 1999
Mr. Robert L. Mohler
Transportation/A.D. and Grants Manager
City of Palm Springs
3200 E. Tahquitz 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's 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) 955-6785.
Sincerely,
� a. D
Stan Dery,
Principal Engi ring Technician
Contracts and UNINess Un/t
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attachment
cc:George Johnson
Scott Staley
Ray Mendez,SCE Ps LESX-"t%s r VoutyWn1
4080 Lemon Street,8th Floor•Riverside,California 92501 •(909)955-6740
P.O. Box 1090• Riverside,California 92502-1090•PAX(909)955-6721
I Co®ty Conumno.
2 COOPERATIVE AGREEMENT
3 Indian Avenue and Garnet Avenue Underground Utility District
4
5 This agreement(hereinafter referred to as "AGRUEMENT")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 "COUNTY"), and the City of
8 Palm Springs,a municipality(hereinafter referred to as "CITY").
9
10 RECITALS:
11
12 WHEREAS,COUNTY and CITY desire to participate in an Underground Utility Project in the
13 vicinity of Indian Avenue and Garnet Avenue in the Palm Springs area(hereinafter referred to as
14 "PROJECT"),to replace overhead utility facilities under 34 kilovolts with underground facilities;
15 and
16
17 WHEREAS,COUNTY and CrrY have determined the boundaries of the proposed
18 Underground Utility District(hereinafter referred to as "DISTRICT")in cooperation with the
19 Southern California Edison Company(hereinafter referred to as "EDISON")and the proposed
20 District boundaries are partially within the CITY and partially within the COUNTY, and
21
22 WHEREAS,COUNTY desires to utilize County Rule 20-A Underground Utility Conversion
23 funds 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 Rule 20-A funds available; and
27
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COOPERATIVE AGREEMENT Page t of 6
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(hereinafter referred to as "CPUC")Rule 20-A funds is for the serving electric
6 utility company(EDISON), as the owner of the electric facilities,to review and approve the
7 eligibility of candidate projects, to design the conversion improvements, and to advertise, award,
8 and administer the construction of the conversion improvements; and
9
10 WHEREAS,EDISON has determined that the PROJECT is a qualifying project under the
11 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' Lead Agmgy. COUNTY shall be the lead agency for the PROJECT.
17 3. Project 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 required 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. Project Desgdojon. 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.
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COOPERATIVE AGREEMENT Page 2 of 6
1 5. Project 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/Prop=Owner Agreements CITY shall fund,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 County Rule 20-A Funds COUNTY shall authorize EDISON to utilize COUNTY
12 Rule 20-A funds 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 8. Administrative Costs. Administrative costs incurred by COUNTY and CITY will be the
16 funding responsibility of each respective party, and neither entity shall bill the other for
17 such costs.
18 9. County District Establishment COUNTY 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. City District Establishment. 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 accordance 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.
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COOPERATIVE AGREEMENT Page 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
8 as needed for constriction 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. Reciprocal Indemnification. 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, personal injury or property damage, arising out of or in any manner connected with
15 the performance of the duties and obligations of such indemnifying party under this
16 AGREEMENT.
17 14. Successors and assigns. This AGREEMENT shall inure to the benefit of and be binding on
18 each of the parties and their respective successors and assigns.
19 15. Severability. 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.
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COOPERATIVE AGREEMENT Page 4 of 6
1 16. Notices. Any notice authorized or required to be given by this AGREEMENT or
2 proceedings related hereto shall be deemed to have been sufficiently given if and when sent
3 by fast class mail,postage prepaid,to the parties as follows:
4 To County: To City:
5 COUNTY OF RIVERSIDE CITY OF PALM SPRINGS
6 Transportation Department 3200 E. Tahquitz Canyon Way
7 4080 Lemon Street, 8w 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 horn provided for and may be amended by a subsequent written agreement
14 executed by all parties. This AGREEMENT may be executed in counterparts each of
15 which shall be deemed au original,but which together shall constitute a single agreement.
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COOPERATIVE AGREEMENT Page 5 of 6
j & *v4 7
1
2 IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the date
3 indicated above.
4
5 COUNTY OF RIVERSIDE CITY OF PALM SPRINGS
6 B
By
7 Chairman, Board of
Supervisors
8
9 Dated Dated
10 ATTEST: ATTEST:
11 GERALD A.MALONEY
Clerk of the Board
12
By
13 Deputy Clerk of the Board By City Clerk
14 APPROVED AS TO FORM: APPROVED AS TO FORM:
15 William C.Katzenstein
16 County Counsel
17
B Deputy County Counsel By
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COOPERATIVE AGREEMENT Page 6 of 6
TRANSMITTAL
OQ PALM 8
DATE: ��Ze) . 1999 e-
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FROM: Robert L.Mohler
Grants&Government Affairs Manager «N••"�
CITY OF PALM SPRINGS c�tiFpgN�P
Department:Assmtam City Manager-Operations
3200 E.Tahquitz Canyon Way (P.O.Box 2743)
Palm Springs,CA.92263-2743 Phone: (760) 323-8250/Fax 322-8360
TO:
ATTENTION:
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SUBJECT
74 17
C�il'S��jsis dv
PLEASE HANDLE
POR YOURINFORMATION,_PLEASE RETURN
PER YOUR REQUEST
_ PLEASE REVIEW AND RETURN WITH COh04ENTS BY.-
THIS WILL BE THE ONLY COPY YOU WILL RECEIVE
AN ORIGINAL or_HARD COPY WILL BE FORWARDED BY MAIL TODAY
1VlailinQ Address Street Address
P.O.Box 2743 3200 E.Tahgaitz Canyon Way
Palm Springs,CA 92263 Palm Springs,CA 92262
PAGE 1 OF -3 PAGES
i
Cooperative Agreement
Rule 20-A Underground Utility District Project
ATTACHMENT"B"
Estimate of Project Costs
Rule 20-A Underground Utility District Project
Indian Avenue and Garnet Avenue
Palm Springs I Garnet area
Design, Construction and Inspection $2,157,500
Source of Funds:
CPUC Rule 20-A 1,995,000
City/Developer agreement(NW) 100,000
City/Developer agreement(SE) 62,500
Total: 2,157,500
CITY Administrative costs $ 10,000
Source of Funds:City funds
COUNTY Administrative costs $ 10,000
Source of Funds:County funds
Total Estimated Project costs: $2,177,500
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Cooperative Agreement
Rule 20-A Underground Utility District Project
ATTACHMENT "B"
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
Source of Funds:
CPUC Ride 20-A 1,995,000
(Sty/Developer agreement(NW) 110,000
City/Developer agreement(M 70.000
Total: 2,175,000
CITY Administrative costs $ 10,000
Source of Funds:City fmuls
COUNTY Administrative costs $ 10,000
Source of Funds:County fmrds
Total Estimated Project costs: $2,195,000
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RESOLUTION NO. 19672
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING COOPERATIVE AGREEMENT WITH
THE COUNTY OF RIVERSIDE TO FORM A RULE 20A UTILITY
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 BEFROM COUNTY OF RIVERSIDE RULE 20A UTILITY
UNDERGROUNDING FUNDS AND FROM DEVELOPER
CONTRIBUTIONS,ALSO MINOR ADMINISTRATIVE CITY COSTS
ALLOCATED FOR THE INDIAN AV ENUE/GARNET AV ENUE 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 Avenue/Gamet Avenue and Interstate 10 in
County of Riverside and City of Palm 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 ofRiverside Rule 20A Utility Undergrounding Funds and also from
developer contributions and minor administrative City costs as indicated on Estimate of Project
Costs,(Attachment'B").
ADOPTED this 20th day of October 1999.
AYES: Members Barnes, Hodges, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT. Member Oden
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
By.
City Clerk City1Ma—eager
REVIEWED&APPROVED AS TO FORM
ATTACHMENTS:
1. Cooperative Agreement
2. Boundary Map(Attachment"A")
3. Estimate of Project Costs(Attachment"B")