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ORJGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Authorization to Proceed -
Underground Utility District No. 35 -
Portions of"H" Street, between Kendall
Drive and 40'h Street and portions of
Kendall Drive, southeasterly of "H" Street,
and Resolution Setting a Public Hearing for
May 4, 2009, at 4:00 P.M.
Dept: Development Services
Date: March 16, 2009
File No.: 8.09-35
Synopsis of Previous Council Action:
MCC Date: April 6, 2009
NONE
Recommended Motion:
1. That the Director of Development Services and the City Clerk be authorized to proceed
with the formation of Underground Utility District No. 35 for portions of"H" Street,
between Kendall Drive and 40'h Street and portions of Kendall Drive, southeasterly of
"H" Street, pursuant to San Bernardino Municipal Code Section 13.36.
2. Adopt Resolution.
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Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Reso. Ward: 4
FUNDING REQUIREMENTS: Amount:
None
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
J1z-so Zoo9-&' 7
Agenda Item No.
/7
'1- t;-o'1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed - Underground Utility District No. 35 - Portions of"H" Street, between
Kendall Drive and 40th Street and portions of Kendall Drive, southeasterly of "H" Street, and
Resolution Setting a Public Hearing for May 4, 2009, at 4:00 P.M.
BACKGROUND:
On March 5, 2009, the Underground Utility Coordination Committee recommended the approval
of a proposed underground utility district along portions of "H" Street, between Kendall Drive
and 40th Street and portions of Kendall Drive, southeasterly of "H" Street. This project is being
proposed to coincide with the proposed widening of this portion of "H" Street. The widening
project is proposed to be included in the 2009/20]0 Five year Capital Improvement Program and
will require the relocation of utility poles, or the undergrounding of all overhead utilities to allow
the utility poles to be removed to facilitate the widening project. It was also recommended by the
committee to expand the proposed district to include the pole line along the northerly side of
Kendall Drive. All costs related to the undergrounding of utilities and appurtenant work will be
funded through Rule 20A funds for Southern California Edison's portion of the work, and by the
respective utility companies that also have facilities on the poles, specifically Charter Cable and
Verizon. There will be no cost to the City or any affected property owners.
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 under grounding, 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 conversion costs required on private property within a district
are paid for by either Rule 20A funds, or the various utility companies.
Approximately $500,000 to $700,000 a year is allocated to the City to fund Rule 20A projects.
This is based on a formula of a ratio of existing overhead utilities to underground facilities, but
may be capped due to the availability of funds as a result of budgetary constraints by SCE. The
City's 2009 allocation was $532,624.
Although the City's recent and pending projects have used up most of the allocations that were
available, Rule 20A allows a City to mortgage future projects for up to four years of estimated
allocations. This project will be funded through mortgaged allocations and will not displace any
projects currently planned. The total estimated cost for this project is $],800,000. A summary of
the current Rule 20A balance and future allocations available to the City is shown below. Since
future allocations are unknown, the projection was based on the current year's allocation.
Encumbrances are shown for an existing project (13th Street) and this prop'osed project, both of
which are scheduled to be completed by or around 2013.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
Allocation!
Usage Balance
Current balance (includes 2009 allocation)
2010 allocation
2011 allocation
2012 allocation
2013 allocation
$ 532,624
$ 532,624
$ 532,624
$ 532,624
$ 96,000
$ 628,624
$1,161,248
$1,693,872
$2,226,496
Encumbrances covering the above period
including previously approved projects and
this proposed project:
13th Street (Phase I - Arrowhead to Mt. View)
($1,000,000) $1,226,496
($1,800,000) ($ 573,504)
H Street project (proposed)
This remaining negative balance at the end of 2013 represents a little over I year of mortgaging.
However, with 4 years of mortgaging allowed, there would be an estimated amount of
$1,556,992 available for new projects. This estimate is based on the current year's allocation,
which could increase, or be reduced, from year to year.
If authorization to proceed is given, approval of the attached resolution will set a public hearing
for May 4, 2009. All affected utilities will be given mailed notice of the hearing. Although
property owners will not bear any costs, affected owners will also be given mailed notice of the
proposed district.
FINANCIAL IMPACT:
City's future allocation of Rule 20A funds will be diminished by approximately $1,800,000.
RECOMMENDATION:
Staff recommends that authorization to proceed with Underground Utility District No. 35 be
given and that the attached resolution setting a public hearing be adopted.
Attachments:
. Vicinity Map
. Boundary Map
. Resolution
3
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LOCA TION OF
PROPOSED UNDERGROUND
UTlLlTlY DISTRICT NO. 35
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
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Proposed Underground Utility District No.
35 - Portions of H Street, between
Kendall Drive and 40th Street and
portions of Kendall Drive, southeasterly
of H Street.
Created by: LO:5z/o F oQO:5:5Y Date: 05.02.09
CITY OF SAN BERNARDINO
UNDERGROUND UTILITY DISTRICT NO. 35
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Revised by
Date
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
UNDERGROUND UTILITY DISTRICT NO.35 - PORTIONS OF H
STREET, BETWEEN KENDALL DRIVE AND 40TH STREET AND
PORTIONS OF KENDALL DRIVE, SOUTHEASTERLY OF H STREET
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RESOLUTION NO. 2009-67
2
RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING A PUBLIC
3 HEARING FOR MAY 4, 2009, AT 4:00 P.M. RELATIVE TO THE FORMATION OF
UNDERGROUND UTILITY DISTRICT NO. 35, GENERALLY LOCATED ALONG
4 PORTIONS OF "H" STREET, BETWEEN KENDALL DRIVE AND 40TH STREET AND
PORTIONS OF KENDALL DRIVE, SOUTHEASTERLY OF "H" STREET.
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6
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WHEREAS, Chapter 13.36 of the San Bernardino Municipal Code of the City of San
Bernardino provides for the establishment of an underground utility district within said City upon
a finding by the Mayor and Common Council after a public hearing that the public necessity,
9 health, safety or welfare requires the underground installation of utilities within said district; and
WHEREAS, the Underground Utility Coordination Committee of said City has
recommended the formation of an underground utility district to include the real property
described in this resolution.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I. Notice is hereby given that a public hearing will be held before the Mayor
and Common Council of the City of San Bernardino on May 4,2009, at the hour of 4:00 p.m., in
the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, to determine
whether the public necessity, health, safety or welfare requires the formation of Underground
Utility District No. 35, generally located along portions of "H" Street, between Kendall Drive
and 40th Street and portions of Kendall Drive, southeasterly of "H" Street, more particularly
shown on Drawing No. 12616, on file in the office of the City Clerk, a reduced copy of which
is attached hereto as Exhibit "A" and made a part of this description.
SECTION 2. The City Clerk is hereby directed to notify, or cause to be notified, all
affected property owners as shown on the last equalized assessment roll and all affected utility
03116/2009
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2009-67
RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING A PUBLIC HEARING FOR MAY 4,
2009, AT 4:00 P.M. RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO.
35, GENERALLY LOCATED ALONG PORTIONS OF "H" STREET, BETWEEN KENDALL DRIVE AND
40TII STREET AND PORTIONS OF KENDALL DRIVE, SOUTHEASTERLY OF "H" STREET.
companies by mailing a copy of this resolution to them at least ten (10) days prior to the date of
said hearing.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof
held on the 6th
day of April
, 20~, by the following vote, to it:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
BAXTER X
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
X
MCCAMMACK
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City C erk
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The foregoing resolution is hereby approved this 7 TH day of
April
2009
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Approved as to form
ES F. PENMAN
03/18/2009
2
CITY OF SAN BERNARDINO
UNDERGROUND UTILITY DISTRICT NO. 35
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
UNDERGROUND UTILITY DISTRICT NO
STREET. BETWEEN KENDALL DRIVE A
PORTIONS OF KENDALL DRIVE. SOUTt