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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Public Hearing 4:00 p.m. and
Resolution Creating Underground Utility
District No. 32, located along portions of
Victoria Avenue, north of Highland Avenue.
From: JAMES FUNK, Director
Date: June 29, 2004
File No. 8.09-32
Synopsis of Previous Council Action:
08-01-2005: Item continued to September 19,2005.
09-19-2005: Item continued to October 3, 2005
10-03-2005: Authorization to Proceed was given and Resolution No. 2005-334 was adopted
setting a public hearing relative to the formation of Underground Utility District No. 32,
generally located along portions of Victoria Avenue, north of Highland A venue.
Recommended Motion:
MCC Date: 11-07-2005
1. That the public hearing relative to the formation of Underground Utility District No. 32,
generally located along portions of Victoria Avenue, north of Highland Avenue, be closed.
AND
2. Adopt resolution
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ptf?~ James Funk
Contact person: Jeanne'marie Fitzpatrick
Phone: 5328
Supporting data attached: StaffR~port, Maps,
ResolutIOn
FUNDING REQUIREMENTS: Amount: None
Ward:
4
Source: (Accl. No.) N/A
(Accl. Description) N/A
Finance:
Council Notes: ~-"? ;;).()oS' - 3fo if
Agenda Item No.
3J-
IJ)7}DS
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing - Resolution Creating Underground Utility District No. 32, located along portions
of Victoria Avenue, north of Highland Avenue.
BACKGROUND:
On June 2, 2005, the Underground Utility Committee recommended the approval of a proposed
underground utility district along portions of Victoria Avenue, north of Highland Avenue
(located in the City of San Bernardino) and Highland Avenue, between Robinson Road and
Victoria A venue (located in the City of Highland). This project is being proposed to coincide
with the proposed improvement of Victoria Avenue. The improvement will require the widening
of Victoria A venue. Therefore, it will be necessary for utility poles to be relocated. Thus, with
respect to the coordination of projects, the Underground Utility Committee made the
recommendation to establish the utility district at this time in order to coincide with the
improvement project of Victoria and Highland Avenues.
Approximately twenty-seven percent (27%) of this project is located in the City of Highland.
However, because the majority of the project is located in San Bernardino and the majority of the
benefit will be to the City of San Bernardino, the City of San Bernardino is taking the lead,
utilizing Rule 20A allocations for the portion of the project located in San Bernardino. Although
the City of Highland supports this project, the City of Highland does not desire to use any Rule
20A allocations for the project since Highland has committed the next five years of allocations to
other "higher priority" projects.
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 by either Rule 20A funds, or the various utility companies and there is no cost to the
property owners and no City funds are used for Rule 20A projects. Edison pays for its cost
directly from Rule 20A funds. Rule 20B projects are similar. However, it does involve the
sharing of costs whereby the government agency is responsible for funding the project but is
subsidized by the utility company for the cost of the poles and removal of the poles.
Approximately $700,000 a year is allocated to the City by Southern California Edison (SCE) for
undergrounding overhead utilities. The City's recent and pending projects have used up
allocations that were available, but SCE allows a city to 'mortgage' future projects for up to five
years of estimated allocations. This project will be funded through 'mortgaged' allocations and
will not displace any projects currently planned.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
The total estimated cost for this project is $1,000,000. The City's portion is approximately
$730,000. It is recommended that Rule 20A funding be utilized for the portion of the project
located in the City of San Bernardino and that the utility district be established for this project.
The portion located in the City of Highland is approximately $270,000. Rule 20B is proposed to
be utilized for Highland's portion of the project which will also include the use of Public
Improvement Funds. The City of San Bernardino received a grant of funds in the amount of $5.5
million from the San Manuel Tribe to address traffic impacts and desired improvements along
Victoria Avenue from Highland Avenue to Lynwood Drive. Utility relocation was identified as
a use for part of these funds. It is proposed that $270,000 from this Public Improvement Fund
(identified in Capital Improvement Program SS05-25 ) be used for Rule 20B funding for this
undergrounding project.
On October 3, 2005, authorization to proceed was given and Resolution No. 2005-334 was
adopted setting a public hearing for November 7, 2005. All affected 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 October, 2007. If the
resolution is adopted, affected utilities and property owners will be notified by mail of the
formation of the district.
FINANCIAL IMP ACT:
City's future allocation of Rule 20A funds will be diminished by approximately $730,000.
Funds in the amount of $270,000 is available in the FY 05-06 CIP Account 246-366-5504-7552.
RECOMMENDATION:
Close the hearing and adopt resolution.
5th St.
Mill St.
Location of Proposed
Underground Utility District
No. 32
VICINITY MAP
No Scale
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Underground Utility District No. 32 -
Portions of Victoria Avenue, north of
Highland Avenue and Highland Avenue
between Robinson Road and Victoria
Avenue
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: 8.09-32
Created by: /. ~/?If.JJ'-
Date: r; /z 2, ,(j-
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RESOLUTION NO.
((;(Q)!PY
RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING
UNDERGROUND UTILITY DISTRICT NO. 32, LOCATED ALONG PORTIONS OF
VICTORIA AVENUE, NORTH OF HIGHLAND AVENUE, IN THE CITY OF SAN
BERNARDINO.
WHEREAS, a public hearing was held on November 7,2005, at the hour of 4:00 p.m., at
the Council Chambers, 300 North "D" Street, San Bernardino, California, to determine
whether the public necessity, health, safety or welfare required the formation of Underground
Utility District No. 32, located along portions of Victoria Avenue, north of Highland Avenue,
San Bernardino, California; and
WHEREAS. Notice of such hearing has been given to all affected property owners as
12 shown on the last equalized assessment roll and to all utilities concerned in the manner and for
13 the time required by law; and
14 WHEREAS, such hearing has been duly and regularly held and all persons interested
15 have been given an opportunity to be heard.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNARDINO, AS FOLLOWS:
18 SECTION 1. It is hereby found and determined pursuant to Chapter 13.36 of the San
19 Bernardino t.."lunicipal Code that the public necessity, health, safety and welfare require the
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formation of Underground Utility District No. 32, located along portions of Victoria Avenue,
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north of Highland A venue, in San Bernardino, California, on a public street extensively used
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23 by the general public which carries a heavy volume of vehicular traffic, in order to remove
24 utility poles, overhead wires and associated structures and to underground utilities along said
25 portions of Victoria Avenue.
26 SECTION 2. An underground utility district to be known as Underground Utility
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District No. 32 is hereby established in that area along portions of Victoria Avenue, north of
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Highland Avenue, more particularly shown on Drawing No. 11497 by the Engineering
'-IL~ '7 f/o
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RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY
DISTRICT NO. 32, LOCATED ALONG PORTIONS OF VICTORIA A VENUE, NORTH OF HIGHLAND
A VENUE, IN THE CITY OF SAN BERNARDINO
Division, Department of Development Services, City of San Bernardino, on file in the office of
the City Clerk of said City, a copy of which is attached hereto as Exhibit "A" and incorporated
herein.
7 SECTION 3. All poles, overhead wires and associated overhead structures lying
8 within 50 feet of the centerline of said Victoria A venue shall be removed and underground
9 installations made in said underground utility district within the following times:
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a. Underground installation by utility companies and property owners and
reconnections not later than October 31, 2007.
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b. Removal of poles, overhead wires and other associated structures not later
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than January 3 I, 2008.
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Said dates, however, may be extended by the City Engineer to facilitate coordination with
16 the various property owners and utility companies.
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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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all affected property owners as shO\vn on the last equalized assessment roll and to all affected
utilities within ten (10) days after the adoption of this Resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY
DISTRICT NO. 32, LOCATED ALONG PORTIONS OF VICTORIA A VENUE, NORTH OF HIGHLAND
A VENVE, IN THE CITY OF SAN BERNARDINO
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
, 20_, by the following vote, to it:
Council il,1embers:
AYES
NAYS
ABSTAIN
ABSENT
7
ESTRADA
8
LONGVILLE
9
10 MCGINNIS
11 DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
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City Clerk
18 The foregoing resolution is hereby approved this
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day of
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22 Approved as to form
23 and legal content:
JUDITH V ALLES, Mayor
City of San Bernardino
24 JAMES F. PENMAN
City Attorney
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2 By: l ~.?".... -:). j:::""'_..__.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Atpted): '\-"1 r o~
Vote: Ayes! Nays
Change to motion to amend original documents 0
)0 Os ~ j/pL/
3 a- ~e~olution #
Abstain f Lf
Companion Resolutions
Item #
Absent
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0 By:
Date Sent to Mayor:
Date of Mayor's Signature: 'i /i D (0,
Date ofClerk/CDC Signature: Ilr / (> t .~
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
/
Reso. Log Updated: y
Seal Impressed: 0/'
Reso. # on Staff Report 0
Not Returned: 0
o
o
o
Code Compliance 0 ' Fire Department 0 Public Services
Development Services ~~~ Hun:an~esN~es IJ /, Water Department
Oth", 5~ /iff7-f7,/>d I //:"7 ,~<M&.'D
Notes: . 1/
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Ready to File: _
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:
Animal Control
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EDA
City Administrator
Facilities
Finance
City Attorney
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Date:' !
Revised 12118/03
Yes /'
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NOy By_
No By
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No By
No '~y-
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Yes
Yes
Yes
Yes
Information Services
o
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o
o
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Parks & Recreation
Police Department