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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director Subject: Public Hearing - 4:00 PM and Resolution
creating Underground Utility District No. 30 --- portions
Dept: Development Services of Palm Avenue north of Kendall Drive, Belmont Avenue
east and west of Palm A venue and Irvington Avenue east
Date: December 4, 20030 C :. . . 1 ' of Palm Avenue.
i \ . ..... . . ., ,L; File No. 8.09-30
Synopsis of Previous Council Action: MCC Date: 12-15-2003
11-17-2003 Authorization to Proceed was given and Resolution No. 2003-298 was adopted
setting a public hearing relative to the formation of Underground Utility District No. 30 for
portions of Palm Avenue north of Kendall Drive, Belmont Avenue east and west of Palm
Avenue and Irvington A venue east of Palm Avenue.
Recommended Motion:
I. That the public hearing relative to the formation of Underground Utility District No. 30, along
portions of Palm A venue north of Kendall Drive, Belmont A venue east and west of Palm
Avenue and Irvington A venue east of Palm Avenue, be closed.
AND
2. Adopt Resolution
~~JF
James Funk
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Maps,
ResolutIOn
FUNDING REQUIREMENTS: Amount: None
Ward:
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
~d.;!. 20=') 5- .3 '1'1
Agenda Item No.
J.(,
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing - 4:00 PM and Resolution creating Underground Utility District No. 30 m
portions of Palm Avenue north of Kendall Drive, Belmont Avenue east and west of Palm
A venue and Irvington A venue east of Palm Avenue.
BACKGROUND:
In July of 2003, it was recommended that an underground utility district be formed along
portions of Palm Avenue, from Kendall Drive to Meyers Road, and along portions of Irvington
Avenue, from Kendall Drive to Olive Avenue. On October 20, 2003, it was recommended that
the area be expanded to include portions of Belmont Avenue east and west of Palm Avenue.
San Bernardino City Municipal Code 13.36 provides for the formation of Underground Utility
Districts for the removal of overhead utilities, such as power, telephone and cable TV. The
funding for the electrical portion of the undergrounding of these utilities is typically funded by
Rule 20A Funds. These funds, which are mandated by the PUC (Public Utilities Commission),
are set aside by the various power companies for the purpose of undergrounding, and are then
allocated annually for use by various cities and counties within a power company's service area.
Other utilities, such as telephone and cable TV, are not governed by the PUC and therefore have
to provide their own funding. Any conversions required on private property within a district is
paid for either by Rule 20A funds, or by the various utility companies; therefore, there is no cost
to the property owners and no City funds are used for Rule 20A projects.
Approximately $700,000 a year is allocated for use by the City by Southern California Edison.
The City's recent and pending projects have used up allocations that were available, but Edison
allows cities to 'mortgage' future projects for up to five years of estimated allocations. This
project will be funded by Edison from future allocations. The estimated cost for this project is
$1.3 million.
On November 17, 2003, authorization to proceed was given and Resolution No. 2003-298 was
adopted setting a public hearing for December 15, 2003. All effected utilities and property
owners were given mailed notice of the hearing. Attached for your action is a resolution creating
the underground utility district. Due to the time required by the various utilities for designing and
coordinating the work, completion of the project is not anticipated until September, 2005. If the
resolution is adopted, affected utilities and property owners will be notified by mail of the
formation of the district.
FINANCIAL IMP ACT:
No City funds will be used for this project. The City's future allocation of Rule 20A funds will
be diminished by approximately $1.3 million.
RECOMMENDATION:
Close the hearing and adopt resolution.
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PROPOSED
UNDERGROUND
UTILITY DISTRICT
No Scale
5th 51.
Mill 51.
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED UNDERGROUND UTILITY DISTRICT NO. 30
FOR PORTIONS OF PALM AVENUE NORTH OF
KENDALL DRIVE. BELMONT AVENUE EAST AND WEST
OF PALM A VENUE AND IRVINGTON A VENUE EAST OF
PALM AVENUE
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: L, Foqo??y Date: 09/50/2000
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution to Execute a Land
Lease Agreement with Verizon Wireless for
use of a portion of Al Guhin Park, located at
3652 West Little League Drive (San
Bernardino Blast).
File No. 15.06-157
MCC Date: 12-15-2003
Dept: Development Services
Date: December 9, 2003
Synopsis of Previous Council Action:
None.
Recommended Motion:
ADOPT RESOLUTION.
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James Funk
Contact person: EILEEN GOMEZ
Phone:
5328
Supporting data attached: StaffReport/Mapsl Ward:
ResolutIOn! Lease Agreement
FUNDING REQUIREMENTS: Amount: $20,400 annually
Source: (Acct. No.) 001-000-4520
5
(Ar.d n",,,,r.rirtinn) Lease Payments
Finance:
Council Notes:
Agenda Item No.
J()../EJllJ
J.f
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution to Execute a Land Lease Agreement with Verizon Wireless for use of a portion of AI
Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast).
BACKGROUND:
The Al Guhin Park is located at 3652 West Little League Drive. Currently, the park is being
leased from the City by the San Bernardino Blast for its youth soccer program which includes
soccer games, practices and other activities related to youth sports. Previously, representatives
from the San Bernardino Blast coordinated with Verizon Wireless regarding the relocation of an
existing light pole to a new location for the installation of telecommunication panels, which both
parties agreed was feasible and would not interfere with the current use of the soccer fields.
At this time, Verizon Wireless is interested in entering into a Land Lease Agreement with the
City for a wireless telecommunications facility. The area that Verizon Wireless is interested in
leasing is a thirty feet by fifty feet area that would be used to construct a pre-fabricated
equipment shelter and emergency power generator. The lease area would be surrounded by a
wrought iron fence, and both the fence and the shelter would be painted to match the existing
fence and bathroom facility already located on the property.
The proposed design would include incorporating the replacement of one of the existing four
stadium light poles with a similar stadium light pole that could structurally support wireless
antennas and cables. Upon approval of the Land Lease Agreement, Verizon Wireless has agreed
to relocate an existing light pole from the field to the parking area which would allow more
space for additional playing area. Verizon Wireless has also agreed to install additional lights on
these poles to compensate for the additional coverage area. The Planning Division has approved
Development Permit I (DPI) No. 02-157, contingent upon the approval of the attached Land
Lease Agreement.
Specific details of the obligations and rights of Verizon Wireless to remove its facilities upon
termination of the Lease are outlined in Paragraph 5 of the Lease Agreement. In addition, if
required by the City as a condition for approval, Verizon Wireless can obtain a bond or surety for
ten thousand dollars ($10,000.00) to assure the City of such removal.
FINANCIAL IMP ACT:
An annual amount of $20,400 revenue to the General Fund by Verizon Wireless for lease
payments to be paid in monthly installments of$I,700.
RECOMMENDATION:
Adopt resolution.
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RESOLUTION NOt (Q) lP 11
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND
3 UTILITY DISTRICT NO. 30 GENERALLY LOCATED ALONG PORTIONS OF PALM
A VENUE BETWEEN KENDALL DRIVE AND MEYERS ROAD, PORTIONS OF
4 BELMONT AVENUE EAST AND WEST OF PALM AVENUE, AND PORTIONS OF
IRVINGTON AVENUE, BETWEEN PALM AVENUE AND OLIVE AVENUE, IN THE
5 CITY OF SAN BERNARDINO.
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WHEREAS, a public hearing was held on December 15,2003, at the hour of 4:00 p.m.,
at the Council Chambers, 300 North "0" Street, San Bernardino, California, to determine
whether the public necessity. health, safety or welfare required the formation of Underground
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Utility District No 30, generally located along portions of Palm Avenue between Kendall
Drive and Meyers Road, portions of Belmont Avenue east and west of Palm Avenue, and
portions of Irvington Avenue, between Palm Avenue and Olive Avenue, in the City of San
Bernardino, California; and
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WHEREAS, Notice of such hearing has been given to all affected property owners as
shown on the last equalized assessment roll and to all utilities concerned in the manner and for
the time required by law; and
WHEREAS, such hearing has been duly and regularly held and all persons interested
have been given an opportunity to be heard.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. It is hereby found and determined pursuant to Chapter 13.36 of the San
Bernardino Municipal Code of the, City of San Bernardino, and to definitions contained
therein that the public necessity. health, safety and welfare require the formation of
Underground Utility District No. 30, generally located along portions of Palm A venue between
Kendall Drive and Meyers Road, portions of Belmont Avenue east and west of Palm Avenue,
and portions of Irvington A venue between Palm A venue and Olive A venue, in the City of San
11/25/03
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RESOLUTION CREATING UNDERGROUND UTILITY DISTRICT NO. 30 LOCATED ALONG
1 PORTIONS OF PALM AVENUE BETWEEN KENDALL DRIVE AND MEYERS ROAD, PORTIONS OF
2 BELMONT AVENUE EAST AND WEST OF PALM AVENUE, AND PORTIONS OF IRVINGTON
AVENUE, BETWEEN PALM AVENUE AND OLIVE AVENUE.
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carry a heavy volume of vehicular traffic, in order to remove utility poles, overhead wires
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Bernardino, California, public streets which are extensively used by the general public and
and associated structures and to underground utilities along said portions of said streets.
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SECTION 2. An underground utility district to be known as Underground Utility
8 District No. 30 is hereby established in that area generally located along portions of Palm
9 A venue between Kendall Drive and Meyers Road, portions of Belmont A venue east and west of
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Palm Avenue, and portions of Irving ton Avenue between Palm Avenue and Olive Avenue more
particularly shown on Drawing No. 10838 by the Engineering Division, Department of
Development Services, City of San l3ernardino, on file in the office of the City Clerk of said
City, a copy of which is attached hereto as Exhibit "A" and made a part of this description.
SECTION 3. All poles, overhead wires and associated overhead structures lying
within 100 feet east and west of said Palm A venue, 100 feet north of and south of said Belmont
A venue and 100 feet north and south of said Irvington A venue shall be removed and
underground installations made in said underground utility district within the following times:
a. Underground installation by utility companies and reconnections not later than
June 30, 2005.
b. Removal of poles, overhead wIres and other associated structures not later
than September 30,2005.
Said dates, however, may be extended by the City Engineer to facilitate coordination with
the various property owners and utility companies.
26 SECTION 4. The City Clerk is hereby directed to mail, or cause to be mailed, a
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copy of this Resolution and a copy of Chapter 13.36 of the San Bernardino Municipal Code, to
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11/25/03
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ANDERSON
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MCCAMMACK
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The foregoing resolution is hereby approved this
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24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN
. City Attorney
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11/25/03 3
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RESOLUTION CREATING UNDERGROUND UTILITY DISTRICT NO. 30 LOCATED ALO'lG
1 PORTIONS OF PALM AVENUE BETWEEN KENDALL DRIVE AND MEYERS ROAD, PORTIONS OF
2 BELMONT AVENUE EAST AND WEST OF PALM AVENUE, AND PORTIONS OF IRVINGTON
AVENUE, BETWEEN PALM AVENUE AND OLIVE AVENUE.
3 all affected property owners as shown on the last equalized assessment roll and to all affected
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utilities within ten (10) days after the adoption of this Resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
,20_, by the following vote, to it:
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11 ESTRADA
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
LONGVILLE
MCGINNIS
14 DERRY
15
SUAREZ
City Clerk
day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
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CheckBdlly t1!(fwef/1 S"UD&!:)
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DRAWING NO.. 10838
FILE NO. 8.09'~
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Note: Boundaries shown as _.M......".. are street boundaries
only. Actual undergrounding boundaries eXlend 100 feet east
of and west of Palm Avenue. 100 feel north of and south of
BetmontAvenue and 100 feel north 01 and south of trvinglon
AV8f1ue Undergrounding al intersections; may be eJdended a
nominal 50 feet Of as n&eded to facilitate unclergrounding.
Assessor's Parcel Numbers shown as c::!!!!!!!!D
"A"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
UNDERGROUND UTILITY DISTRICT NO. 30: PORnONS OF
PALM AVENUE, BETVt'EEN KENDAll DRIVE AND hlEYERS ROAD.
BELMONT AVENUE EAST AND wtST Of PALM AVENUE AND
IRVlNGTON AvENUE BETVtf:EN PALM AVENUE AND OliVE AVENUE.
"' """,""c0!:':" Y,<j'~t-T~~!;"'T'r~_~,-,,,,
,."""-=, ,"T'-'Y?i'~-~~~,;":-t":f,!.;;;"~":,,_,<_,,,.~,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): i Z- -[ 5 '-c3 Item #
Vote: Ayes I-,~ S ..') Nays.f::1
Change to motion to amend original documents:-'
'2.~
Resolution #
Abstain~
'2-0::)3- 3'-fC?
Absent b-
Reso. # On Attachments:==-- Contract term:
Note on Resolution of Attachment stored separately: -=
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: \ "2--\'/-<)"":,
Date of Mayor's Signature: i 2 -\ 0--0 '$
Date ofClerk/CDC Signature: l 2:-\ 'i\-O'\
Date Merr1b/L.,tl...~ SG~il: [01 SiA,li4t\.He:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Auadu;;d.
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City AttorneY"/
Parks & Rec.
Code Compliance
Dev. Services /
Police
Public Services
Water
Notes:
Null/Void After: -
Reso. Log Updated:
Seal Impressed:
Date Returned:
Yes ....-/ No
Yes No~
Yes No~
Yes No -L-
Yes No ,/
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EDA
Finance
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MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date:
Revised 01/12/01
Others: