HomeMy WebLinkAbout9/5/2001 - STAFF REPORTS (15) 0
DATE: September 5, 2001
TO: City Council
FROM: Grants and Special Districts Manager via Director of Public Works/ City Engineer
PUBLIC HEARING FOR INDIAN AND 1-10 RULE 20-A UTILITY UNDERGROUNDING DISTRICT
RECOMMENDATION:
That the City Council hold a Public Hearing and approve a Resolution establishing the formation of
a Rule 20-A Utility Underground District at Indian Canyon and 1-10, a joint project with the County
of Riverside, (Riverside County Utility Undergrounding District No. 40). City Project No. 99-19.
SUMMARY:
The joint County/City project is utilizing about $2 million in County of Riverside Rule 20-A
allocations, to be administered by Southern California Edison Co. (SCE) to underground the
majority of existing overhead poles and lines along North Indian Canyon Drive, Garnet Avenue and
adjacent to Interstate 10 (Lines rated 35KV or higher remain in place). The project was originally
requested by developer land owners in that area.All affected Palm Springs property owners within
the proposed district limits have been notified in writing by the City Clerk about the public hearing.
BACKGROUND:
On October 20, 1999 City Council approved a resolution authorizing a Cooperative Agreement
between the City and the County of Riverside at the initial request of developers located at the
intersection of Indian Canyon Drive and Garnet Avenue and the Interstate 10 interchange. The
County Board of Supervisors had directed the County Transportation Department to proceed with
the project by Minute Order (agenda item 3.35) on April 11, 1999.
The Public Utilities Commission(PUC)governs the Rule 20-A Program(established in 1967),which
is administered by the Southern California Edison Co. (SCE). Rule 20-A funds accrue annually
based 50%on overhead lines and 50%on total meters within public agencies.The Rule 20-A funds
are intended to be used primarily to underground existing overhead utility poles and lines for
aesthetic purposes. The utility undergrounding must take place on highly visible public locations,
such as major road thoroughfares or scenic corridors, that would benefit from the visual clean-up
by removal of poles and overhead wires. In 1999 such a Rule 20-A Utility Undergounding project
was completed by SCE in Palm Springs on East Palm Canyon Drive and El Cielo Road and the City
was required to mortgage out its Rule 20-A funds for 9 years, expiring in about year 2007.
On June 6, 2001 the City received an executed copy of the County of Riverside&City Cooperative
Agreement for the proposed Indian Canyon and Garnet Avenue Rule 20-A Utility Undergrounding
Project. The agreement was approved by the County's Board of Supervisors on May 15,
2001.There had been a delay for about 6 months because Rule 20-A funding was frozen by SCE
due to the California energy crisis, but on June 7, 2001 SCE issued a letter to the City Manager
indicating resumption of the Rule 20-A Program in California.
The underground district is primarily within County of Riverside boundaries, however eight
properties are within Palm Springs and the County has received cost estimates from SCE regarding
two of those properties and included those costs in the attached Cooperative Agreement. The two
Palm Springs properties were required to join future underground districts to underground their
) iW
September 5,2001
Public Hearing and Resolution forming Indian/1-10 Rule 20-A Utility Underground District
Page 2
overhead lines as a condition of approval and both developers signed covenant agreements as
such at the time of their development. Those two properties are the Jack-in-the-Box Restaurant
(Foodmaker, Inc.) located at 6555 North Indian Canyon Drive (Covenant No. 275939 recorded
7/6/98)and Suitt Ventures, Inc. (Chevron Station,etc.) located at 6600 North Indian Canyon Drive
(Covenant No.327507 recorded 8/5/98).Six other property owners within the district boundary have
been notified about the hearing as well.
On August 1, 2001 City Council approved the Resolution of Intention which set the date for the
Public Hearing for the September 5, 2001 City Council Meeting.
On August 9, 2001 Letters of Notice were mailed by the City Clerk to the eight property owners
within Palm Springs City Limits as authorized by the August 1,2001 Resolution of Intention noticing
the owners for the September 5, 2001 Public Hearing. The Resolution of Intention and District
Boundary Map was also published in the Desert Sun Newspaper by the City Clerk. The County of
Riverside will also be conducting a separate Public Hearing forthe properties that are outside Palm
Springs City Limits, but within the district boundaries within Riverside County.
Attached for City Council's consideration is a Resolution, proposed by the County of Riverside,
which establishes the formation of the proposed Rule 20-A Utility Underground District No.40. Also
attached is the executed Cooperative Agreement with the County of Riverside, including District
Boundary Map and Cost Estimate indicating$1,995,000 in County Rule 20-A funding, $162,500 in
local developer contributions, and administrative costs for a total project cost estimate of
$2,177,500. The County of Riverside is the "lead agency" for the project.
All construction costs are being paid for by outside Riverside County Rule 20-A allocations and
developer contributions and no local general funds are required for the work.
APPROVED: ¢ f� � /A�
ROBERT L. MOHLER er DAVID J. BARAKIAN
Grants and Special Districts Manager Director of Public Works/ City Engineer
APPROVED: ��
City Manager
Attachments:
1. Resolution Establishing Formation(ref: Riv. Co. Utility Underground District No. 40)
2. County/City Cooperative Agreement & Cover Letter (9 pgs.)
3. County of Riverside Estimate of Project Costs (Part of Agreement)
4. Indian/Garnet Rule 20-A District Boundary Map- Exhibit "A"
5. Photos by County staff of existing overhead poles and lines at site
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c'f>rY OF PALM SPRING/
2 BOX2743 COOPERATIVE AGREEMENT
PAW SPRINGS,CA Q=
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 0 1 day of , 2001, 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 CITY 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"), as shown on
20 Exhibit "A", which is attached hereto and by this reference is incorporated herein, and the
21 proposed District boundaries are partially within the CITY and partially within the COUNTY, as
22 shown on Exhibit "A"; and
23
24 WHEREAS, COUNTY is willing to utilize$1,995,000 in County Rule 20-A Underground
25 Utility Conversion funds toward paying the costs of the PROJECT; and
26
27
28 COOPERATIVE AGREEMENT Pag 1 of 8
MAY 1 5 1001 3A
i
I WHEREAS, CITY desires to place utilities underground within the DISTRICT, but it has no
2 Rule 20-A funds available to apply toward the costs of the Project; and
3
4 WHEREAS, CITY has received "Declarations of Covenants, Conditions and Restrictions to
5 Participate in District for Utility Undergrounding upon Notice" from Suitt Ventures, Inc.
6 (Instrument No. 327507, recorded August 5, 1998) and Foodmaker, Inc. (Instrument No. 275939,
7 recorded July 6, 1998) regarding parcels located within the DISTRICT and requiring Suitt
8 Ventures, Inc. and Foodmaker, Inc. to participate in the costs of PROJECT; copies of each
9 document are attached hereto marked as Exhibit 'B" and "C", respectively (collectively, the
10 "CC&R") ; and
11
12 WHEREAS,the established procedures of the California Public Utilities Commission
13 (hereinafter referred to as "CPUC") for utilization of Rule 20-A funds require that the serving
14 electric utility company, in this instance EDISON, as the owner of the electric facilities, review
15 and approve the eligibility of candidate projects, design the conversion improvements, and
16 advertise, award, and administer the construction of the conversion improvements; and
17
18 WHEREAS,EDISON has determined that the PROJECT is a qualifying project under the
19 CPUC guidelines;
20
21 NOW, THEREFORE, the parties hereby agree as follows:
22
23 1. Recitals. The above recitals are true and correct.
24
25 2. Lead Agency. COUNTY shall be the lead agency for the PROJECT.
26
27
28 COOPERATIVE AGREEMENT 109r
Page 2 of 8
I the remaining construction costs will be funds obtained pursuant to the terms of the
2 CC&R's. COUNTY agrees to advance all additional Rule 20-A funds necessary to
3 complete PROJECT in the event that the affected property owners within CITY, subject to
4 the CC&R's, refuse to pay or timely pay their proportionate share of their costs as
5 identified in Exhibit 'D" and Section 6, above. If COUNTY advancement of Rule 20-A
6 funds is made, CITY agrees to reimburse COUNTY for said costs with either funds
7 collected by CITY from the affected property owners, or from CITY's Rule 20-A funds,
8 when those funds become available. In accordance with the standard procedures for the
9 use of Rule 20-A funds, EDISON will design the electrical facilities conversion
10 improvements, will coordinate with other utility owners for the undergrounding of other
11 overhead facilities, and will advertise, award and administer the contract to construct the
12 conversion improvements. The conversion improvements will be constructed by a
13 qualified contractor("CONTRACTOR"), licensed by the State of California. COUNTY
14 will perform all necessary coordination with EDISON, on behalf of both parties to this
15 AGREEMENT, and will periodically inform CITY of established schedules and the status
16 of PROJECT.
17
18 8. Administrative Costs. Administrative costs incurred by COUNTY and CITY will be the
19 funding responsibility of each respective party, and neither entity shall bill the other for
20 such costs.
21
22 9. County District Establishment. COUNTY shall establish an Underground Utility District
23 for that portion of the PROJECT that is within its jurisdictional boundaries by a formal
24 action of its Board of Supervisors, in accordance with its established procedures that are
25 consistent with Rule 20-A, and order the relocation of overhead facilities within said
26 DISTRICT that are 34 kilovolts or less. COUNTY represents and warrants that is has
27
28 COOPERATIVE AGREEMENT Page 4 of 8
lyi9l�
I established procedures, consistent with Rule 20-A, to establish an Underground Utility
2 District.
3
4 10. City District Establishment. CITY shall establish an Underground Utility District for that
5 portion of the PROJECT that is within its jurisdictional boundaries by a formal action of
6 its City Council, in accordance with its established procedures that are consistent with Rule
7 20-A, and order the relocation of overhead facilities within said DISTRICT that are 34
8 kilovolts or less. CITY represents and warrants that is has established procedures,
9 consistent with Rule 20-A,to establish an Underground Utility District.
10
11 11. Cooperation. Both CITY and COUNTY will cooperate and coordinate with each other and
12 with EDISON in the implementation and completion of the PROJECT. Both CITY and
13 COUNTY will perform such actions, as necessary and appropriate for the implementation
14 and completion of the PROJECT, including property owner coordination and the resolution
15 of problems pertaining to property owner compliance with Rule 20-A requirements within
16 their respective jurisdictions.
17
18 12. EDISON has estimated that the PROJECT will require forty-eight months from the date
19 that this AGREEMENT is executed by both Parties and each Party has formed their
20 respective Underground Utility Districts. This four year period will represent the initial
21 term of this Agreement. Both parties agree that should EDISON notice COUNTY that
22 additional time is needed to complete the PROJECT, the parties will enter into a written
23 amendment to this Agreement allowing for the additional time. CITY and COUNTY may
24 also agree to modify the agreement by execution of a written Amendment executed by
25 both. Unless modified in accordance with this Section, this AGREEMENT shall continue
26 in full force and effect until completion of all work described herein.
27
28 COOPERATIVE AGREEMENT Page 5 of 8
1 13. Encroachment Permits. CITY shall issue those encroachment permits to EDISON and
2 COUNTY that are needed for construction of PROJECT at no cost to EDISON or
3 COUNTY. COUNTY shall issue encroachment permits to EDISON and CITY as needed
4 for construction of PROJECT at no cost to EDISON or CITY.
5
6 14. Reciprocal Indemnification. Each party hereto shall indemnify, defend, save and hold
7 harmless the other party and their respective officers, agents, and employees, of and from
8 any and all liability, claims, demands, debts, losses or suits or damages to other parties for
9 death, personal injury or property damage, arising out of or in any manner connected with
10 the performance of the duties and obligations of such indemnifying party under this
11 AGREEMENT.
12
13 15. Successors and assigns. This AGREEMENT shall inure to the benefit of and be binding on
14 each of the parties and their respective successors and assigns.
15
16 16. Severability. The invalidity of any provision in this AGREEMENT as determined by a
17 court of competent jurisdiction shall in no way affect the validity of the other provisions
18 hereof.
19
20 17. This AGREEMENT contains the entire agreement between the parties with respect to the
21 matters herein provided.
22
23 18. This AGREEMENT may be executed in counterparts each of which shall be deemed an
24 original, but which together shall constitute a single agreement.
25
26
27
28 COOPERATIVE AGREEMENT Page 6 of 8
l71T
1 19. 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 first 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 Grants and Special Projects Department
7 4080 Lemon Street, 8'r floor 3200 E. Tahquitz Canyon Way
8 P.O. Box 1090 P.O. Box 2743
9 Riverside, Ca. 92502-1090 Palm Springs, Ca. 92263-2743
10 Attn: Stan Dery Attn: Robert L. Mohler
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 COOPERATIVE AGREEMENT Page 7 of 8
1 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date
2 indicated above.
3
4 COUNTY OF RIVERSIDE 4TY OF PALM SPRINGS
B
airman, Board "� City Manager
Supervisors \
7
8 Dated MAY Dated Z
9 ATTEST: ATTEST:
10 GERALD A.MALONEY
Clerk of the Board
I
12 By"eo�"
13 Deputy Clerk of the Board Clet c
APPROVED AS TO FORM: APPROVED AS TO FORM:
14
William C. Katzenstein
15 County Counsel
16 B
17 Deputy Co ounsel City Attorney
18
19
20
21 sd
22
APJ'r� OIJED BY THE CITY COUNCIL
23 [F�
24 1`/
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25
26
27
28 COOPERATIVE AGREEMENT 111#410
Page 8 of 8
MAY r 5 2001 �)'4
Estimate of Project Costs
Rule 20-A Underground Utility District Project
Indian Avenue and Garnet Avenue
Palm Springs/ Garnet area
Design, Construction and Inspection $2,157,500
Source of Funds:
CPUC Rule 20-A 1,995,000
City/Developer agreement(SVI) 62,500
JACK IN THE BOX(Restaurant)
6555 North Indian Canyon Drive
(SW Comer of Gamet Avenue&Indian Ave..)
APN#669-060-013
(Covenant for Undergrounding
No. 275939 recorded 7/6198 by Riv.Co. Recorder)
City/Developer agreement(NE) 100,000
Suitt Ventures, Inc.
6600 North Indian Canyon Drive
(NE Corner of Garnet Avenue&Indian Ave.)
APN#669-091-013,015
(Covenant for Undergrounding
No.327507 recorded 8/5/98 by Riv.Co. Recorder)
Total: 2,157,500
CITY Administrative costs $ 10,000
Note: Administrative costs represent the in-kind contribution of CITY
to perform administrative functions in support of PROJECT using
CITY staff and CITY funds.
COUNTY Administrative costs $ 10,000
Note: Administrative costs represent the in-kind contribution of COUNTY
to perform administrative functions in support of PROJECT using
COUNTY staff and COUNTY funds.
Total Estimated Project costs: $2,177,500
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Proposed Underground Utility District No. 40
Indian Avenue and Garnet Avenue
Palm Springs area
. ............
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Garnet Avenue, West of Indian Avenue Garnet Avenue,East of Indian Avenue
Facing East Facing West
(City of Palm Springs Proposed District) (City of Palm Springs Proposed District)
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Garnet Avenue, East of Indian Avenue 20'Avenue,East of Indian Avenue
Facing West Facing South across Interstate 10
(City of Palm Springs Proposed District) (County of Riverside Proposed District)
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12/15/2000
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California, do
hereby certify that a copy Qf the Proposed Riverside County/City
Underground Utility District No. ,vicinity of hidian Canyon Drive,Garnet
Avenue and Interstate 10(Ref: Assessor's Parcel No.669-093-011-5 in Palm
Springs, CA, was mailed to each and every person set forth on the attached
list on the 1 Oth day of August,2001. A copy of said letter and attachments is
attached hereto. Said mailing was completed by placing a copy of said
Notice in a sealed envelope,with postage prepaid,and depositing same in the
U.S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 1 Oth day of August, 2001.
PATRICIA A. SANDERS
City Clerk
Mr. Robert Wilson Miner Palm Springs Partners
P.O. Box 346 Attn: John&Pam Wadell
No. Palm Springs, CA 92258 98 Cameray Height
Laguna Niguel, CA 92677
Patin Springs Partners So. Calif. Edison Co.
4100 Central Ave, (No. 205) C.S. Reenders, Asst. Comptroller
Riverside, CA 92506 P.O. Box 800
Rosemead, CA 91770
Chang Family Partners °Mr. Tom Suitt
4100 Central Ave. (No. 205) Suitt Ventures, Inc.
Riverside, CA 92506 997 E. Tahquitz Cyn, Ste A
Palm Springs, CA 92262
Foodmaker, hie.
100 N. Barranca Ave., Ste 200
West Covina, CA 91791
OF ?ALAI Sp
City of Palm Springs
e
Office of the City Clerk
O ♦4" %
c xoeereo 3200 Tahquirz Canyon Way • Palm Springs,Califom•a 92262
c'141 F0 P, TEL.(760)323-8204 •TDD.(760)864-9527
August 9, 2001
Mr. Robert Wilson Miner
PO Box 346
North Palm Springs, Ca. 92258
Re: Proposed Riv. Co./City Underground Utility District No. 40
Vicinity of Indian Canyon Dr., Garnet Ave. and Interstate 10
(Ref. Assessor's Parcel No. 669-093-011-5 in Palm Springs, Ca.)
Dear Mr. Miner:
The County of Riverside and the City of Palm Springs propose to establish Underground Utility
Districts in the vicinity of Indian Avenue and Garnet Avenue in the Garnet / Palm Springs area
as a cooperative project to replace existing overhead utilities with underground facilities. Our
records find that you are a property owner within the proposed boundaries of the districts. For
your reference, we have enclosed a Council Report & Resolution, Cost Estimate and Site Map,
The County has also enclosed an Information Manual to explain origin, benefits, revenue
source and property owners' responsibility with regard to underground utility districts.
The project will fund the conversion of each electrical meter panel to accept electrical service
from an underground source, so as to eliminate the overhead service. You will not be required
to share in the district costs. If the proposed districts are approved by the County Board of
Supervisors and the City Council, the Edison Company will contract with a qualified electrical
contractor to perform the panel conversions. The only thing that the County and City request is
your cooperation in obtaining access to the property and the meter panel.
The City Council of City of Palm Springs has scheduled a Public Hearing, regarding the
proposed Underground Utility District within the City, to be held on Wednesday,September 5,
2001 at 7:00 pm. The public hearing will be conducted at the City Council Chamber at Palm
Springs City Hall at 3200 E. Tahquitz Canyon Way, Palm Springs, Ca.
We believe that this project will be of benefit to your community. If you have any questions or
need additional information, please contact Bob Mohler, Grants & Government Affairs Manager
of the City of Palm Springs at (760) 323-8250 or Dave Barakian Public Works Director/City
Engineer at (760) 323-8253 (X8732). Riverside County is lead agency and Stan Dery of the
County of Riverside Transportation Department can also be contacted at (909) 955-6785.
Sincerely,
Patricia A. Sanders
City Clerk
Attachments: 1. Council Report, 2. Resolution, 3. Cost Estimate,4. Site Map and 5. Information Manual
H\USERS\6obM\DATA\D0CUMENnRobod Minor Rule 20A 8-09,.01.Itr.wpd
Post Office Box 2743 ° Palm Springs, California 92263-2743
DATE: August 1, 2001
TO: City Council
FROM: Grants and Special Districts Manager via Director of Public Works/ City Engineer
RESOLUTION OF INTENTION FOR INDIAN & 1-10 RULE 20-A UTILITY UNDERGROUNDING
RECOMMENDATION:
That the City Council approve a Resolution of Intention regarding the formation of a Rule 20-A Utility
Underground District, a joint project with the County of Riverside, setting the date for the Public
Hearing for September 5, 2001. City Project No. 99-16.
SUMMARY:
The joint County/City project is utilizing about $2 million in County of Riverside Rule 20-A
allocations, to be administered by Southern California Edison Co. (SCE) to underground the
majority of existing overhead poles and lines along North Indian Canyon Drive,GametAvenue and
adjacent to Interstate 10 (Lines rated 35KV or higher remain in place).The project was requested
by developer land owners in that area. (Ref. Riverside County Utility Underground District No.40).
BACKGROUND:
On October 20, 1999 City Council approved a resolution authorizing a Cooperative Agreement
between the City and the County of Riverside at the initial request of developers located at the
intersection of Indian Canyon Drive and Garnet Avenue and the Interstate 10 interchange. The
County Board of Supervisors had directed the County Transportation Department to proceed with
the project by Minute Order (agenda item 3.35) on April 11, 1999.
The Public Utilities Commission(PUC)governs the Rule 20-A Program(established in 1967),which
is administered by the Southern California Edison Co. (SCE). Rule 20-A funds accrue annually
based 50%on overhead lines and 50%on total meters within public agencies.The Rule 20-A funds
are intended to be used primarily to underground existing overhead utility poles and lines for
aesthetic purposes. The utility undergrounding must take place on highly,visible public locations,
such as major road thoroughfares or scenic corridors, that would benefit from the visual clean-up
by removal of poles and overhead wires. In 1999 such a Rule 20-A Utility Undergounding project
was completed by SCE in Palm Springs on East Palm Canyon Drive and El Cielo Road and the City
was required to mortgage out its Rule 20-A funds for 9 years, expiring in about year 2007.
On June 6, 2001 the City received an executed copy of the County of Riverside&City Cooperative
Agreement for the proposed Indian Canyon and Garnet Avenue Rule 20-A Utility Undergrounding
Project. The agreement was approved by the County's Board of Supervisors on May 15,
2001.There had been a delay for about 6 months because Rule 20-A funding was frozen by SCE
due to the California energy crisis, but on June 7, 2001 SCE issued a letter to the City Manager
indicating resumption of the Rule 20-A Program in California.
The underground district is primarily within County of Riverside boundaries,howevertwo properties
are within Palm Springs and the County has received cost estimates from SCE and included those
costs in the attached Cooperative Agreement. The two Palm Springs properties were required to
join future underground districts to underground their overhead lines as a condition of approval and
both developers signed covenant agreements as such at the time of their development. The
ATTACHMENT # 1
(2 Pages)
August 1,2001
Resolution of Intention for Indian!1-10 Rule 20-A Utility Underground District
Page 2
affected properties are the Jack-in-the-Box Restaurant (Foodmaker, Inc.) located at 6555 North
Indian Canyon Drive (Covenant No. 275939 recorded 716/98) and Suitt Ventures, Inc. (Chevron
Station, etc.)located at 6600 North Indian Canyon Drive (Covenant No. 327507 recorded 8/5/98).
Letters of Notice will be issued to the two property owners within Palm Springs City Limits as
authorized by the August 1, 2001 Resolution of Intention noticing the owners forthe September 5,
2001 Public Hearing. Meeting Notices will also be published in the Desert Sun Newspaper. The
County of Riverside will also be conducting a separate Public Hearing for the properties that are
outside Palm Springs City Limits, but within the district boundaries within Riverside County.
Attached for City Council's consideration is a Resolution of Intention, proposed by the County of
Riverside,which calls for the formation of the proposed Rule 20=A Utility Underground District No.
40. Also attached is the executed Cooperative Agreement with the County of Riverside, including
District Boundary Map and Cost Estimate indicating $1,995,000 in County Rule 20-A funding,
$162,500 in local developer contributions,and administrative costs fora total project cost estimate
of$2,177,500. The County of Riverside is the"lead agency" for the project.
All construction costs are being paid for by outside Riverside County Rule 20-A allocations and
developer contributions and no local general funds are required for the work.
APPROVED: ��
ROBERT L. MOHLER DAVID J. BARAKIAN
Grants and Special Districts Manager Director of Public Works/City Engineer
APPROVED+-' ' "
City Mana REVIEWED ff DEPt OF FINANCE
Attachments: F
1. Resolution of Intention (Riv. Co. Utility Underground District No. 40)
2. County/City Cooperative Agreement & Cover Letter (9 pgs.)
3. County of Riverside Estimate of Project Costs (Part of Agreement)
4. Indian/Garnet Rule 20-A District Boundary Map- Exhibit"A"
5. Photos by County staff of existing overhead poles and lines at site
fd J 51
1 RESOLUTION NO.
2
OF THE CITY COUNCIL OF THE CITY OF PALM
3 SPRINGS, CALIFORNIA GIVING NOTICE OF ITS
4 INTENTION TO ESTABLISH A JOINT RIVERSIDE
5 COUNTY-CITY RULE 20-A UTILITY
UNDERGROUND DISTRICT AT INDIAN CANYON
6 DRIVE, GARNET AVENUE AND INTERSTATE 10
7
WHEREAS, County of Riverside Ordinance No. 517 establishes a procedure for the creation of
8
underground utility districts and requires as the initial step in such procedure the holding of a public
hearing to ascertain whether public necessity, health, safety or welfare requires the removal of
9
poles, overhead wires, and associated overhead structures and the underground installation of
wires and facilities for supplying electric, communication,or similar associated service in any such
10 district; and
11 WHEREAS, it has been recommended that such an underground utility district, hereinafter called
"District," be formed in a portion of the City of Palm Springs in the County of Riverside, State of
12 California, being a portion of Garnet Avenue, Interstate 10 and Indian Canyon Drive, which is a
companion districtto a proposed underground utility district to be created bythe County of Riverside
13 ("Lead Agency" for the Project) (County Utility Underground District No. 40); now, therefore,
14 BE IT RESOLVED by the City Council of the City of Palm Springs, California, in regular session
IS assembled at 7:00 p.m. on August 1, 2001 that:
1. Time and Place of Hearing: Notice is hereby given that a public hearing will be held by the City
16 Council of the City of Palm Springs, California, on September 5, 2001 at the hour of 7:00 p.m., in
the City Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs, California, to ascertain
17 whetherthe public necessity,health,safety orwelfare requires the removal of poles,overhead wires
and facilities for supplying electric, communication, or similar associated service in the District
18 herein above described.
19 2. At such hearing all such persons interested shall be given an opportunity to be heard.
20 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
21 this resolution to such property owners and utilities concerned at least ten(10)days priorto the date
thereof.
22
4. The area proposed to be included in the District is shown as Parcel no. 00120-001 upon that
23 certain map entitled "In the County of Riverside, Underground Utility District No. 40, Indian
Avenue/Garnet Avenue'dated April 12, 2000, and described in a legal description attached to said
24 map, both of which are on file in the Office of the Clerk of the Board of Supervisors of the
County of Riverside and a copy thereof on file with the City Clerk, City of Palm Springs.
25
5. The Riverside County Director of Transportation has prepared and filed a report (the "Report")
26 that contains among other information the extent to which affected utilities will participate, the
estimated total cost to the City and County and the affected property owners, and an estimate of
27 the time required to complete such underground installation and removal of overhead facilities.
28 Page 1 of 2
ATTACHMENT # 2
(2 Pages)
1 6. Publication of Proceeding:The"Desert Sun"a daily newspaper printed and circulated in the City
of Palm Springs, is hereby designated as the newspaper in which this resolution and all other
2 publications in the proceedings under this resolution shall be published by the City Clerk.
3 7. The following person is designated as the official to receive any inquiries concerning such
improvements:
4
Robert L. Mohler
5 Grants and Government Affairs Manager
City of Palm Springs- City Hall
6 3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
7
Telephone: (760) 323-8250
8
9
ADOPTED this day of 2001.
10
AYES:
11 NOES:
ABSENT:
12
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
13
14
15 By City Clerk City Manager
16
17 REVIEWED AND APPROVED:
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27 Page 2 of 2
28 HIUSERS\13obM\DATA\DOCUMENT\Rule20A.Indian-Garnet Resolution-Inlentres.40.7-19-01.wpd -
Estimate of Project Costs
Rule 20-A Underground Utility District Project
Indian Avenue and Garnet Avenue
Palm Springs/ Garnet area
Design, Construction and Inspection $2,157,500
Source of Funds:
CPUC Rule 20-A 1,995,000
City/Developer agreement(SW) 62,500
JACK IN THE BOX(Restaurant)
6555 North Indian Canyon Drive
(SW Comer of Garnet Avenue&Indian Ave..)
APN#669-060-013
(Covenant for Undergrounding
No.275939 recorded 7/6/98 by Riv.Co.Recorder)
City/Developer agreement(NE) 100,000
Suitt Ventures, Inc.
6600 North Indian Canyon Drive
(NE Corner of Garnet Avenue&Indian Ave.)
APN#669-091-013,015
(Covenant for Undergrounding
No.327607 recorded 815/98 by Riv.Co. Recorder)
Total: 2,157,500
CITY Administrative costs $ 10,000
Note: Administrative costs represent the in-kind contribution of CITY
to perform administrative functions in support of PROJECT using
CITY staff and CITY funds.
c
COUNTY Administrative costs $ 10,000
Note: Administrative costs represent the in-kind contribution of COUNTY
to perform administrative functions in support of PROJECT using
COUNTY staff and COUNTY funds.
Total Estimated Project costs: $2,177,500
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ATTACHMENT # 3
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AUG-09-01- THU 11 ; 16 AM FAX NO, 99556832 P, 02
CONVERSION OF
OVERHEAD ELECTRICAL ;
AND COMMUNICATION
FACILITIES TO UNDERGROUND
INFORMATION MANUAL
OF PROCEDURES FOR
PROPERTY OWNERS
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Prepared by
UNDERGROUND UTILITIES
ADVISORY COMMITTEE
OF RIVERSIDE COUNTY
.January 1992 ATTACHMENT #.5
(6 Pages)
AUG-09-61 THU 11 , 17 AM
FAX N0, 99556832 p 03
I
Dear Property Owner
The area adjacent to your property is being considered as
an "Underground Utility District" by Riverside County.
If approved by the area property owners,the County will
adopt a Resolution establishing the "Underground
District" requiring all existing and future overhead utility
lines within the area boundaryto be placed underground.
-', This booklet describes the sequence of events, proce �_ `. ;',..;•`
''14e:4* 1 :.0 .•� ,'..�l;,�;rr�l�,yX, `}' irf'e:y: �
dures, and requirements of the property owners and the •`•R.l..: •,i - ;,..,,;;;, ,+ > • ',.. .
utilities to accomplish this conversion project wx av „ 1 ;�y• a' ��j L„�w
. , .i.d�la p' :.i iJ LYa •..J rlYly N L..�Y.nl•,�...
The property owners'responsibifities are summarizedon "
Pages 7 and S.
BACKGROUNDINFORMAT1oN
In 1967,the Califomia Public Utilities commission(CPUC)
Issued its Decision No. 73078, which requires private
electric and communication utilities in the State of
California to set aside a certain amount of money each
year for the conversion of existing overhead distribution
lines to an underground location.
The purpose of these funds would be to remove
congested overhead poles and wires in areas used
extensively by the general public such as large civic or
recreational areas,and areas of unusual scenic Interest,
and to replace them with underground facilities.
r
CPUC Decision No, 73078 was Issued by the CPUC
following man months of publichearings
w n9 Y p i where all ),.,, '. �; �; , �". . ':�t'r!�"�; "' ;�"°�',•• _�.;.
r,r!; interested parries such as Cities Countiesdevelopers,P 1
,. ,�. '••, ::�.. ., raj,.. y;,,;'•t.
Utilities. and individuals expressed their view on ��� , .A.�•4, �., �ilS•`'��t'�s;y;�-
conversion proposal.
AU&-09-01. THU 11 :17 AM FAX N0, 99556832 p, 04
4
WHAT IT IS 3. Where a civic or recreational area is of unusual
scenic interest to the general public.
StateWide program to convert
overhead lines to underground Additional details of the CPUC Decision are listed on ;
on a selective basis. Pages 5 and 6.
i
KEY PARTS OF CPUC DECISION NO,73076
The Decision tipplfes to all private electric and communi•
cation utilities. The key pans of the ruling state the
Electric and Communication following:
Utilities allocate money each year
to selected conversion programs. 'The Utility will, at its expense, replace ills existing t
overhead distribution facilities with underground
distribution facilities along public streets and roads,
and on public lands and private property across
PA yt which rights-of-way satisfactory to the utility have
. :::,;.;:.•. •:,. ;. been obtained,or may be obtained without cost or
OVERHEAD condemnation, by the utility, provided that:
TO 1. The governing body of the City or County in
UNDERGROUND which such distribution facilities are and will be
located has:
a. Determined, after consultation with the
utility and after holding public hearings on
the subject that such undergrounding Is in
the general public interest for one or more
SUMMARY OF RULING of the following reasons:
(1) Such undergrounding will avoid or
Overhead to underground conversion is done at the eliminate an unusually heavy
Utilities' expense except for the conversion of service concentration of overhead distribution
facilities oh private Property,(See Page 7forconversion facilities;
an private property,)
(2) Said street or road or right-of-way is
For an area to qualify,Underground must be in the general extensively used by the general public
Public interest(or one or more of the following reasons: and carries a heavy volume of
pedestrian or vehicular traffic;
I. To eliminate an unusually heavy concentration of
overhead electric and communication distribution
facilities.
2. Where streets or roadways are extensively used by
the genetal Public and carry a high volume of
pedestrian or vehicular traffic.
I
r
-p- •3 - �
AUG-09-01 THU 11117 AN FAX NO, 99556832 P. 05
KEY PARTS (Coot.) After public hearings with the property owners in a pro-
posed area,the City or County then designates the area
(3) Said street or road or right-of-way adjoins or asan'Underground Utility District"with clearly identified
passes through a civic area or public project boundaries.
recreation area or an area of unusual
scenic interest to the general public, The utilities win then proceed to construct new under-
ground facilities; and when all private property owners
b. Adopted an ordinance creating an underground have provided newunderground service connections,the
district in the area in which both the existing and overhead facilities are removed.
new facilities are and will be located requiring,
among other things; I Except for the property owners'cost of providing under-
ground service connections,the conversion of the over-
(1) That all existing overhead communication head facilities to underground is paid by the utilities,
and electric distribution facilities In such There would be no future taxes Involved orlevied by such
district shall be removed, an"Underground Utility District"
(2) That each property ownerserved from such This procedure is diagramed on next page.
electric overhead distribution facilities shall
provide,In acoordanoe with the utility's rules
for underground service, all electrical
facility changes on his premises necessary
to receive service from the underground
facilities of the utility as soon as It is
available.
(3) Authorizing the utility to discontinue its
overhead service.'
PROCEDURE FOR PROJECT DESIGNATION
Each year the utilities allocate certain amounts of money
to each community based uponthe numberof customers
in each City or County being Served by the utility.These
allocated funds accumulate from year to year.
'The City or County establishes an Underground Co❑rdi• r e
naling Committee made up of focal governmental and
Wilily representatives who are responsible for reviewing
and recommending the areas or projects which qualify for
the conversion.
•4- 5-
AUG-09-01 THU 11117 AN FAX NO, 99566832 P. 06
AREAS OF PROJECTS CONSIDERED PROPERTY OWNERS' RESPONSIBILITY
FOR CONVERSION
Underground conversion of existing lines is generally
A [n C considered as an advantage to areas which wish to
upgrade themselves from an aesthetic standpoint.
I
Property owners are required to pay for the conversion of
their overhead service to new underground service.The
utility will provide the first 100 feet of trench from the
:i property line to the electric meter, telephone and T.V.
service locations of the building.Any additional trenching
beyond 100 feet will be paid for by the property owner.
A SESTOUALIFIED
r-"^j AREA sPLECTED It is also necessary to modify the electric Service meter a
BY COORDINATING panel to accept the new underground service. r
COMMITTEE
These items of trenching, backfill, metering modifica-
bons,etc.,are generally done by local electrical contrac-
tors.The owners'costs usually range between S500 and
PUBLIC HEARING $700. Some cases could exceed this depending upon
trenching distance,trench conditions, and meter maci fi-
cations.lt is desirable that property owners obtain two or
three'bids'from qualified contractors in orderto compare
IF APPROVED AND SUPPORTED costs'
BY THE COMMUNITY,UNDER-
GROUNDING RESOLUTION IS It is recommended that the property owners contact their
ADOPTED BY GOVERNMENTAL local Edison Company and telephone company offices for
AUTHORITY i assistance in determining required trench depths,trench
location,backfill,duct requirements(if any),methods of
modifying electric meter panel,and cable charges(d any).
UTILITIES AND PROPERTY OWNERS The telephone cablefromthe propertyline to the building
COMPLETE UNDERGROUNDING WITHIN is provided at no cost to the property owner.The under-
DESIGNATED TIME PERIOD(USUALLY ground electric service cables are provided bythe utility
ONE YEAR FROM TIME RESOLUTION IS PASSED). at nocosttothepropertyownerif the total length from the
property One lathe meter Is ore than 100 feet,there is
a nominal 'excess footage charge. When the utilities
ihave completed their portion of the new underground
facilities,the property owners will be notified so they can
-g- -7-
AUG-09-01 THU 11 : 18 AN FAX N0, 99556832 P. 07
V
proceed with the installation and connection of the
services.
Should you have any questions regarding your new
underground service, please contact the utility represen-
tative listed on the enclosed sheet.
The diagrams below illustrates the property owners'
responsibilities. ••
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METI'R _4 V I
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NOTE
; a r°it : a i. .. „.,,;•; ~'��,
Property owners are required to pay for trench- ;`•, }; 4 `ird ?tii,ir.},` w;Cti'';'', ' '``
ing and backfill (short dashed line) for any ra ' " ' +`. . 31.
• '"':' 2'%?, •`- '•f` c'
distance further than 100 feet from the property
line to electric,telephone,and Cable TV service
locations, It is also necessary to pay for
electric meter modification.
• s-
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA ESTABLISHING THE FORMATION OF A JOINT
COUNTY OF RIVERSIDE/CITY RULE 20-A UTILITY
UNDERGROUND DISTRICT AT INDIAN CANYON DRIVE,
GARNET AVENUE AND INTERSTATE 10
WHEREAS, a public hearing, after due notice, has been held upon a proposal to
establish an underground utility district in the area hereinafter described, and all
interested persons have had the opportunity to be heard; now, therefore,
BE IT RESOLVED by the City Council of the City of Palm Springs, California in regular
session at 7:00 p.m. on September 5, 2001 that:
1. That the public necessity, health, safetyand general welfare require the removal of
poles, overhead wires, and associated overhead structures and the underground
installation of wires and facilities for supplying electric, communication and similar
associated services, except those electrical facilities exceeding 34,500 volts, in the City
of Palm Springs and County of Riverside Underground Utility district No. 40, which is
hereby established for that purpose within the boundaries description, a copy of which
is attached hereto, marked Exhibit"A", and is hereby referred to and made a part hereof
as fully as if it were set out at length herein.
2. Reference is made to Parcel no. 00120-001 of Map File No. 918-EE, which is filed in
the Office of the County Surveyor, Riverside County, and entitled: "In the County of
Riverside, Underground Utility District No. 40, Indian Avenue/Garnet Avenue, Indian
Avenue from Garnet Avenue to 2011 Avenue'.
BE IT FURTHER RESOLVED bythe City Council ofthe City of Palm Springs,California,
in regular session at 7:00 p.m. on September 5, 2001, that the County of Riverside
Underground Utility District No. 40 meets the utility undergrounding criteria set forth by
Decision number 73078 of the California Public Utilities Commission, and serves the
general public interest,for the reasons that such undergrounding will avoid or eliminate
an unusually heavy concentration of overhead electric facilities and that the road is
extensively used by the general public and carries a heavy volume of vehicular traffic.
Said Underground Utility District is anticipated to be completed within 30 months of
adoption of this Resolution creating said District.
ADOPTED this day of 12001
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
by
City Clerk City Manager
REVIEWED AND APPROVED:
H W SERS\pobM\RULE 20-A notion,Garnet and I-00 Resolution of Formation 9-05-01 res wptl I