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HomeMy WebLinkAboutTC Res 2014-05-21 (2)RESOLUTION NO. 16-2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TIBURON BOULEVARD OVERHEAD TO UNDERGROUND UTILITY CONVERSION PROJECT AS THE NEXT PRIORITY UNDERGROUND PROJECT FOR THE TOWN WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32, and WHEREAS, pursuant to certain criteria, CPUC rules allow participating towns, cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground, and WHEREAS, the Town of Tiburon (herein referred to as Town), has adopted an ordinance authorizing the Town Council to designate areas within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, the Director of Public Works of the Town of Tiburon has consulted with the affected public utilities and such utilities have agreed or been notified that the proposed underground conversion district, designated the Tiburon Boulevard Underground Utility District and more particularly described in Exhibit 1 attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC, to wit, that the street or road or right -of -way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, AND that the street or road or right -of -way is considered an arterial street or major collector as defined in the Governor's Office of Planning and Research General Plan Guidelines, and WHEREAS, each year the Town is notified by PG &E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations, and WHEREAS, the Director of Public Works for the Town of Tiburon has consulted with PG &E and determined that the Town has accumulated Rule 20A work credits plus PG &E has agreed that the Town may borrow against future credits sufficient to complete the proposed overhead to underground conversion project, and Resolution No. 16 -2014 adopted May 21, 2014 WHEREAS, the Town has notified the affected utilities by letter that each utility shall 1 complete the engineering of their respective portion of the Tiburon Boulevard Overhead to Underground Utility Conversion Project, and WHEREAS, the Town has notified the affected utilities by letter that the Town shall be responsible for preparation of the trench profile and composite drawings and that the Town shall be designated as "trench lead" to manage trenching, installation of substructures, and pavement restoration and such other work, and WHEREAS the Director of Public Works of the Town of Tiburon and the affected utilities will coordinate and agree on a work schedule which meets their respective capabilities, and further agreed to waive any administrative fees, costs or special street restoration requirements for purposes of this project, and WHEREAS, to the extent required, the Town has agreed to provide easements or rights of way on private property as may be necessary for installation of utility facilities in a form satisfactory to the affected utilities, and WHEREAS, the Town Council has now received the report from the Town Director of Public Works recommending that the area identified in Exhibit 1 should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, upon the recommendation of the Town Director of Public Works, the Town Council has determined that the proposed Tiburon Boulevard Underground Utility District is categorically exempt from environmental review pursuant to the California Environmental Quality Act, and WHEREAS, the Town of Tiburon has notified all affected property owners within the proposed Tiburon Boulevard Underground Utility District and inviting same to attend a public hearing to discuss formation of the proposed district, and WHEREAS, the Town Council held a public hearing at which time the Council did receive and consider the recommendation of the Town Director of Public Works and did hear any and all objections or protests that were raised by the owners of property within the above described district pertaining to designating this area an underground utility district; NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon that: Section 1. The public interest requires the removal of all existing utility poles [excepting those poles supporting streetlights or traffic signals], overhead wires and associated Resolution No. 16 -2014 adopted May 21, 2014 overhead structures and installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas as shown in Exhibit 1, attached hereto, with such area being designated as the Tiburon Boulevard Underground Utility District, and Section 2, That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in Tiburon Boulevard Underground Utility District and that as each phase of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre -paid, of the schedule for conversion of all utility service lines, and Section 3, The electric utility shall use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in Tiburon Boulevard Underground Utility District a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the Town of Tiburon, and Section 4. It is not anticipated, but if needed the electric utility shall use said underground conversion allowance allocation, up to a maximum amount of $1500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the Tiburon Boulevard Underground Utility District, and Town of Tiburon shall be financially responsible for any and all costs not covered by the electric utility for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served, and Section 5. It is not anticipated, but if needed, that upon notification as specified in Section 2, all property owners in Tiburon Boulevard Underground Utility District shall have underground electrical entrance facilities installed and inspected pursuant to the Town Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the Director of Public Works who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements, and Section 6. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in Tiburon Boulevard Underground Utility District within thirty (30) working days of completion of undergrounding. Resolution No. 16 -2014 adopted May 21, 2014 I L The foregoing resolution was adopted by the Town Council of the Town of Tiburon on the 21" day of May, 2014, by the following votes: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Tollini, O'Donnell NOES: COUNCILMEMBERS: None ATTEST: )Id- ., L DIANE CRANE IACOPI, TIBURON TOWN CLERK Resolution No. 16 -2014 adopted May 21, 2014 ALICE FREDERICKS, MAYOR TOWN OF TIBURON