HomeMy WebLinkAboutAGENDA REPORT 1994 0105 CC REG ITEM 11DITEM flo DO
AGENDA R E PORT
CITY OF MOC�RPARK
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: December 20, 1993 (Council. Meeting 1 -5 -93)
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SUBJECT: Consider an Ordinance Pertaining to the Establishment of
Underground Utility Districts
OVERVIEW
This requests adoption of an ordinance setting forth the policies
and procedures to be followed in the formation, implementation and
administration of underground utility districts.
On July 7, 1993, the City Council directed staff to proceed with
the steps necessary to develop a project for the "undergrounding"
of overhead utilities on Los Angeles Avenue from Moorpark Avenue to
Gabbert Road. Those steps are listed as follows:
1. Notify SCE of the City's wish to proceed with the Los Angeles
Avenue project. [This step has already been taken.]
2. Work with SCE to define the specific limits and requirements
of the project. SCE would then develop a map of the affected
properties. Said map would be used to define the boundaries
of the required Underground Utility District. [Work on this
task is proceeding.]
3. Adopt an ordinance setting forth 1) the procedures for the
formation of Underground Utility Districts and 2) provisions
for the conversion of overhead utility service laterals to
underground service laterals. (Subject of this report..]
4. Notify affected property owners and conduct public hearings
and /or town hall meetings to discuss and explaining the
proposed project and the requirements relating to underground
utility service conversions.
5. Take action to form the Underground Utility District and
formally request that SCE proceed with the final design and
construction of the project.
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Underground Utilities
January 1994
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6. Work with SCE, the other utility companies, affected property
owners and Caltrans on the development of the project design.
7. Coordinate the construction efforts; and,
8. Provide the community relation efforts required to address
the problems which are often associated with underground
service lateral conversions.
DISCUSSION
A. Ordinance
In order to proceed with any utility undergrounding project it
is necessary for the City Council to adopt an ordinance setting
forth certain policies and procedures required for the
formation, implementation and administration of underground
utility districts. The attached draft ordinance is modeled
after standard language developed and used by a number of cities
for this purpose. It sets forth a number of policies and
procedures including the following:
• designation of underground utility districts via resolution,
• the responsibilities of utility companies;
• the responsibilities of the City: and
• the responsibilities of property owners.
B. Responsibilities of Utility
The draft ordinance will make it unlawful to place and maintain
overhead utilities within the boundaries of an underground
utility district. Efforts by the electrical utility to comply
are financed by Rule 20A funds accrued by the City. Costs
incurred by the telephone utility and CATV companies are
absorbed by those firms. The telephone utility then includes
those costs in future requests to the PUC for rate increases.
C. Responsibilities of the Property Owner
The cost of converting that portion of any overhead utility
service on private property is not eligible for Rule 20A
funding. Any Resolution adopted by the City Council designating
and forming an Underground Utility District must state whether
or not the owner of affected properties shall bear such costs.
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Underground Utilities
January 1994
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If the Resolution states that the property owner shall not be
responsible for such costs, then the City shall assume such
costs. If the Resolution states that the property owner shall
be responsible for such costs, the draft ordinance sets forth
certain procedures to be followed by the property owner and the
City in this regard. When such a requirement has been stated in
the resolution and the property owner fails to construct the
necessary underground service conversions, the ordinance sets
forth the procedures to be followed by the City in undertaking
this work on behalf of the property owner and assessing said
property owner for City costs incurred for this effort.
D. Southern California Edison Company-(SCE)
In that it is necessary for the City to work closely with the
electrical utility company during the formation and
implementation of an Underground Utility District, the attached
draft ordinance was provided to SCE for review and comment prior
to adoption. SCE has stated no objections to the form and
content of the ordinance.
E. City Attorney Review
The draft ordinance has also been reviewed several times by the
City Attorney. All of the comments and corrections provided by
the City Attorney have been incorporated into the attached draft
ordinance except one. It is the view of the City Attorney that
the language set forth in Section 12.20.050 Unlawful Acts, which
allows for an extension of the deadline stated in the Resolution
for the removal of overhead facilities, dilutes the nature of
the violation. It is the view Director of Public Works that
this language should be retained to allow for some flexibility
in the enforcement of that deadline and the scope and nature of
the facilities to be removed. Similar language is contained in
most of the ordinances reviewed by staff which have been adopted
by other agencies for this purpose.
RECOMMENDATIONS
Staff recommends that the City Council approve the attached
ordinance for first reading.
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