HomeMy WebLinkAboutAgenda Bill 5.C 11/15/2004r
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CITY OF PETALUMA, CALIFORNIA
i
Agenda Title Discussion. and ..Action', .Adopting a Resolution
Meeting Date: November 15, 20'04
Calling for a Public: Hearing to Consider the .Formation of a Rule
20B Underground Utility District' in the Vicinity Of "D" Street.
Between First Street and Fourth Street, and First- Street. Between
' Meeting Tim_ e ® 3:00 PM
"D" And "F" Street ( "D" Street' Underground :Utility District)
❑ 7:00 PM
Category (check one) ❑ Consent Calendar 0.Public4learing E N'ew Business
❑ Unfinished Business ❑,"Presentation
' Department :
Director
Contact Person
Phone Number
ED &.Redevelopment
Paul Marangella. ,
Joyce Clark
'176-3674
- Cost of Proposal $1,675;000
Account Number
3300- 54151- C200703
Amount Budgeted $1,675,000
3300- 54151- C200705
Name of:Fund:
CBD Project Area Fund
Attachments to Aunda'Packet;;item
Exhibit A - "D" Street Undergiound.District Boundary Map
' Exhibit B — "D" Street Underground District Boundary Description
Exhibit C - Resolution Calling a Public Hearing Requiring the Formation. of :'an Underground Utility Dist.
Summary�Statement
On. July 14, 2003, the PCDC (Petaluma, Community Development Commission) approved an Owner
Participation Agreement (OPA) with Basin Street Properties (BSP) to .develop the Theatre District Project
J.in the area bounded by "B" St., " D" St., , First St., and Petaluma Boulevard South. The agreement provided
IF that PCDC share the cost of redeveloping the area by funding the cost of the infrastructure improvements
within the public right-of-way" and the developer would develop the properties. One aspect of the
infrastructure improvements is the under- i purpose of the "
lines• D"
e o
Street Underground Utilit District is .to enhan e, the ar a removing? 411 stin
11 the exi g ead power and
Y overhead
c ' nes and existing olesl oo
ommuntcation,�li , g p n D and Is`,S'treets. New d'ecoratiye streetlights will be installed as
part of the .development. It is `proposed °:.that..the underground utility district proceed under PG &E's Rule
20B process. This procedure, in contrast With aRul`e 20A process, allows,the undergrounding, of utilities to
proceed concurrently with the Theatre District's development.
The purpose of this item is to call for a public hearing to consider the, formation of an underground utility
districtu for the :Theatre District Project; Attached, is a resolution calling a public hearing and the
.
fortnatior of an' "under g d district as rovtd'ed in Cha ter 14:36 of the P a for
roun` p p luma Municipal Code
commen C
ded .City ouncil ,ActionLSugested Motion
It `is'recon men'd'ed that'the City,Council adopt a resolution to hold''a public hearing on December 06,2004
to. consider tl e'formation �of "D" Street Underground District, using;the Rule 2QB,process.
ewed'by, Finance Director:
Reviewed by'City Attorney
Date:
A " rove b +City Manager
Date:
DaO m
.
1
004
o ' s .Date
12evis10 n # and Date Revised':
File C de:
#�
1/04/04" .„
PSP Theatre Dist C200703
S: C
�`, SIGN \330 PCDC &. City
Council \3M'0) Reso- Agenda Bill\D St UG
11 15 04 JC`FINAL
Page 1
CITY OF lPETAI UMA; CAL IFORNIA
N OV16MER 15, 2004
i
AGENDA REPORT
FOR
DISCUSSION AND ACTION ADOPTING: RESOLU CALLING, FOR A PUBLIC HEARING
'TO CONSIDER THE FORM ATION''OF A,RULE'2OB UNDERGROUND UTILITY DISTRICT IN.
T)HK VICINITY OF "I)" STREET BETWEEN FIRST S TREE T AND FOURTH STREET, AND FIRST
STREET BETWEEN "D" AND "F" STREET ( "D" STREET UNDERGROUND UTILITY DISTRICT)
EXECUTIVE - SUMMARY :
On July 1'4, 2003 the PCDC ( aluma Community Develop menti Corrirni
- h Pet _ � y ' p � scion) approved an Owner
Participation Agreement (OPA) with Basin Street Properties (BSP) to develop the Theatre District
Project in the area bounded. by '`B "` St„ "D" St., First Sc, and 'Petaluma Boulevard South. The
agreement provided that PCDC'. share the cost of redeveloping the area by funding the cost of the
infrastructure improvements within the public. right- and. the developer would develop the
,properties. One aspect of the: ' infrastructure improvements., is the undergrounding of all overhead utility
lines.. The purpose of the "D''., Stre
et Underground Utility District Js'to enl ance'the area by removing all
the' existing overhead power and communication lines,and poles on. D and 1 st Streets. New
decorative streetlights will be installed as part of the developen' nt: It is proposed that the underground'.
utility district proceed under;PG &E's Rule 201,process. This`procedure, in contrast , with a Rule
process, allows t& ' undergrounding -of utilities to proceed concurrently with the Theatre District's
development.
The purpose of this item .is to call for a public:.hearing to consider the formation of an underground
utility district for the Theatre 'District Project. Attached is a resolution calling- for a public hearing and
the formation of an underground.&trit as;provided in Chapter 14.36 of the Petaluma Municipal Code.
2. , BACKGROUND
ut lit es
General C the development.. ndition on new development that requn es undergrounding the overhead
y, P
j p n.
A � ement approved' roved' b, , the PCDC dictates that ut 1 t underground ng be part, PCDC'ssha e� f "th
gre._ Pp y e
cost of the project's infrastructure. :improvements. Such action was . considered critical `for the
development to be completedon time.
The ro osed D p p Street Underground District includes portions of "D" Street and First ;Street. The
under grounding alon D Street starts, at First Street g g g, and ends at mid -block between Fourth and Fifth
Street (see Exhibit A)- The undergrounding along First Street starts at "D" Street (the area from "D"
Street to "B" ,Stregis currently undergrounded) and ends at,a power pole approximately ,1'00 feet before
" Stree (see Exhibit A) an'under ound� district° could extended further down a Theater District Development'. In the future,
: This length, coincides with t
___ gr First Street and Second Street from "D" Street
to "H" Street. The proposed district does not'include modifications to PG &E's substation or the
undergrounding of utility' lines` along "D Street from the Petaluma River to Lakeville Street.
Page 3
Two options. are,;.available for Aihd ng the utility companies' design and installation of utilities' °for the
"D" Street Underground .District (Theatre District Project). They are PG &E's tariff processes of Rule
MA nr Rrn1P OIIP Mctrirte
1
3.
Under' Rule 20A Districting; public funds, for undergrounding utilities accrue to the• City through PG &E'
at a rate of about $200;000 each - year. At the point where enough funds have accumulated, the City
identifies. a project(s) and directs that the .funds'be expended through PG &E for that,project(s): The
utility companies prepare and pay for their, utility design and construction. Currently; the City of
Petaluma' .Rule'20A fund balance is approximately $2 The undergrounding; of the utilities for
Bodega Avenue from the :City limits :near Paula Lane to Court StreevWashington Street; the City's
highest. priority is, estimated to cost $2,500,000. This underground- district was approved by the City
Council on. August 16 2004. The averagei length of time from initial approval of a Rule 20A project by
the City Council; to completion of.the installation of utilities and removal of poles, is approximately four
to five years..
Under Rule 20B Districting, a pubic agency or developer funds the full 'cost of undergrounding by the
utility companies. This includes design and construction. The• advantages _of`usng Rule 20B procedure
for project such as the "D Street Underground District °are: 1) the construction will occur within
approximately one to. two years .as compared to an average of four to ,five years for a.Rule 20A. project;
2) using the. 20B process -will leave the Rule: 20A _fund balance ;in, tact foruse on projects outside of
redevelopment project ,areas; and 3). the design. and. construction are not, subject. to ITC.0 tax, which is
22 %s in total of State and Federal tax..
The proposed "D" ;Street (including First.Street from "D" to "F" Street) Underground Utility District
includes five private parcels, one City'parcel, :and seven Theatre District development ; parcels. This
work will, also. require that:'an overhead service. to al ree private 'parcels that are outside of the propose
underground district be! undergrounded. ,Staff proposes that these costs be `included in a separate'Special
Tax District to help fund the Rule 20B underground district including ,the costs: of connecting new
electricalhelephone service to existing buildings: In this way, each property owner pays their share.
The: formation ;of the District as proposed, is exempt from. the. requirements. of the; California
Environmental .Quality.Act (CEQA).pursuant to: the following authorities: Sections 1530 ;(b) — .Existing
Facilities and. 15302 (d) — Overhead Utility Conversion, of Title 14 of the California Code of
Regulations.
ALTERNATIVES
A al Resolution to Hold 'a Public Hearing on ahe Formation 'of, the. "D" Street
Underground Utility District as Recommended: Under this option (Rule 20B), the City Council
tentatively approves the district boundaries aitached to, the resolution, This process will allow the
underground' district to proceed concurrently with the Theatre District Development in FY 2003 -04
through FY 2005-06.
B;
AnIend , the - Boundaries of the Wility District: Under -this option, the City Council; could expand
the boundaries .of the, district. The consulting engineers have recommended that the district; as
proposed, is manageable and addresses the Theatre' District Project and the "D" Street corridor
within; the PCDC district: Enlarging the district will be more complex and expensivevto implement.
Page 4
the City Council C- Yorin, the Utility�lDistnct Using'.Rule,10A: Under this �,o oun, J,could thooseto
I I , , . 1. . lion;
J On, the,
J Yitv:for the,
funds - ofti' other areas. Bodega Avenue,,
chap e e', its , stated , pho expenditumofRule.20A ds�fi
the Redevelopment P.roject A�,eas and
like veral�,oiher-'��C6uncil' priorities, 'is, outside
hand,, the "D, St reet by, -Ru rict can , 2 A underground funds: funds: j other St'
'�e 0
can only bpl,,�f�n
'A Undeiground' tility Dist "be ftinded underRule by using PCDC funds. Using Rule
20A funds will'also extend the. c. #
`b w of the undergrounding from two ye ars (Rule 20B) to
approximatel fo ,y ur years. This would make the timely of the Owner 'Participation
Agreement with Basin Street Properties infeasible.
D. Defer Consideration of forming - an Underground Utility District Under this option, the City
Council would - defer , con,sid . eratio,n of f6rming a. utility district along "M Street, and a portion of
First Street., This would dff6ct the completion of infrastructure serving the Theatre District
development and.''make the timely implementation of the Owner Participation Agreement with
Basin Street Properties infeasible.
FINANCIAL - IMPACTS.
The Owner Participation Agreement with• 'Basin Street Properties includes PCDC funding for
undergrounding.putposes. The costs'. to -form '. the underground -utility district and construct. are included
- within the total CIP CPSP - ITnpleniehizil . ioti;'Theatre District C200703) & D Street Utilities & Theatre
District Contamination (C200 705) pro jects: . The "cost of justthe"D 'Street Underground Utility District
portion of these projects are:.
Expiendittire,
Esthhated,, Costs
G6&alFurfdOY`eT,head',,
$303000
Design
.$171 5,'000
Construction MgmtAiispeptiop
$75,000
Construction —Total North,Bqy Construction,
PG&E SBC and.Comca9t Costs
$1,220,000
Administration
$50
Contingency
$125N0
Total
$1,675,0601
r
TQ�'help fund the undergrbUnddi'sir s cost, is underway dote ine the feasibility of forming
'Tax � D istract. Once the study is completed, staff 'will present 'its findings to the PCDC for
"Specia
I Di
co nsideration.
"
5. CONCLUSION:
The PCDC has included funding in -the: Owner Participation Agreement with Basin Street Properties to
install the infi7asiriictuie.,and
underground the - .overhead utilities,, for the Theater District Project. As part
of the d esign, utilitfds' must be put underground, In order to dothis, an underground district must be
forrn�ed It"is, -'recon,un,e BtsDd, expedite its completion, and
7 1 . ed Areas.
leav6,1k4le20A funds fo outside of the R evelopment! Project
OUTCOMES -OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIF Y 'SU OR' COMPLETION:
The'undergr(junding of utilities within the District will` be complete. by Fall 2005.
Page 5
7. RECOMMENDATION
It is recommended that-the City Council adopt ,a resolution to hold a public hearing ,on December 06,.
2004 to consider the formation of the "D" Street Underground Utility District, using the Rule 20B
Underground,District process.
•
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EXHIBIT
'Petaluma Theatre'District Infrasti
Underground. District Boundary
All of those certain lands.'situate and' being within, the ,City of Petaluma, State of California
and lying within the area bounded by the following described line:
Beginning at the most easterly `corner of the Lands of the United States of America (Post
Office) as described in that certain, deed recorded in Book 3151 of Official Records at Page
58, Sonoma County Records, said point of beginning also being the most westerly corn er of
the intersection of .Fourth, Street and D „'Street; said corner is laid: dowh "and shown on the
"Ma of the City of Pet ” prepared p ty ° aluma; ,December 1865 re ared from the survey by James T.
Stratton Es U.S: De u . 'Surve or, filed .in the office he S
i
Esq., p tY y oiioma,'CountyRecorder in
Folder No. 9; said corner is also defined as the intersection of the southwesterly line of
Fourth Street with the northwesterly line of D Street as said streets are- laid'`down and shown,
upon said map, thence leaving, said point of'beginning and along4he northeasterly line of said
( g .) 101
Lands of the United States of Amenca, bem the south westerly line of Fourth Street
the point,, 6f interse � ' ' southwesterly projection of the
feet, more or less to the coon with th e
northwesterly line of Assessor's- Parcel Number 008- 064 - 0,04;' thence leaving said
southwesterly line of Fourth Street and along said lineorojec6 d North 2'S° 5`6' `East, 66 feet to
the -northeasterly line of'"said Fourth Street; thence continuing along the northwesterly line of
said parcel 100.25 feet to the most northerly corner of said parcel thence along the
northeasterly line of said parcel 50.9 feet to the most easterly corner of said parcel; thence
continuing along the northeasterly line of Assessor's Parcel Number 008- 064 -005 to the most'
easterly corner of said parcel, said corner. being a poiiit:on the northwesterly line of D Street,
thence along.:the northwesterly lineuof D Street to the inos "t westerly:corner of the intersection
of D Street 'and Petaluiifa Boulevard South (Third Street as shown on the aforementioned
map) said corner is also defined ast the intersection of the southwesterly line of Petaluma
Blvd South with the northwesterly linel of D Street;'thence leaving.'said corner and continuing
across Petaliiina Blvd. South and along the northwesterly line of D Street 270 feet, more or
less, to the most westerly corner of the intersection of D Street and :Second Street, said corner
bean
y i o the northwesterly line
the mtersecti I Second Street w g on of the soutliwesterl line of S o th
o D Street as shown on thence North 64 02' West'along,' =tle southwesterly line of
�. 9
Second Street 151.8 feet, more or .less, to the point of ,intersection with the southwesterly
projection of the northwesterly line of the Lands of the City of Petaluma, Assessor's Parcel •
Number 008 ' 068 -004, (Fire Station Number 1) as ,described in that certain deed recorded in
Book 422,' of Official Records.; at Page 93, Sonoma County Records; thence lea " said -
southwesterly1ine of Second,Street and along said' line projected North 25° 6' East, 66:00
feet to the northeasterly line of said street ;°thence continuing along the northwesterly line of
said :Lands. of 1he., City of Petaluma and said line projected northeasterly North 2'5 56' East,
200 feet to the southwesterly line of First Street, thence continuing North 25 56:' West 66
feet to the northeasterly line
of First Street; thence along said northeasterly 'line of First
Street, South, 64 02' East 151 feet, more or less,, to the most northerly corner of the
intersection of First Street and D Street, said corner is, also defined."' the intersection of the
nortl easterly line, of Fourth;Street With, the horthwesterly line of D Street; thence .leaving said
corner and -along said northwesterly line of D Street 220 feet, more or less, to a. point in, the
centerline of the Petaluma. River; thence southeasterly along the centerline of said River 820
feet moreor less, to a point which intersects the northeasterly projection of the southeasterly
line of Assessor's Parcel Number 008 - 12 -012;. thence leaving the :centerline of said River
and. along said lme, projected South 25 ' 58" West, 260 feet, more orJess, 'to the northeasterly 1. line of First Street, thence along said northeasterly line North 64° 02''West, 13b;,feet more or
less; thence leaving said line and crossing'F rst Street South 25° 58' West, 66 ;feet 46, a
in the southw,esterlyline,of First Street; said point bears South 64° 02' East, 20 feet, more or
less from the most northerly corner of.Assessor's ,Parcel Number 008 -124 -007; thence along
the southwesterl y line of First Street. North 64° 02' East, 20 feet, to said corner; thence
continuing along the southwesterly line of First. Street North 64° 02'_� West, 542' feet, more or
less, (crossing `E.' Street) to a point on said line, said. point bears South 64° 02' East, , 60 ;feet
from the most south corner- of the' intersection of First Street and D Street; thence leaving
said southwesterly line of First 'Street land paralleL with D Street South .25° 56' West, 200 feet,
more or less, to the northeasterly :line of Second Street; thence continuing along said'paralel
line South 25° 56' We "st, 66 feet to the southwesterly line of Second Street; thence continuing
on said parallel ,line' South, 25 56' West, 70 feet more or less to the southwesterly ,line of
Assessor's Parcel Number 008 -121 -001; thence northwesterly along said line 60 feet ; more
or less, to the° southeasterly line, of D Street; thence along said southeasterly line, South 25
56' West, 396 feei or less, (crossing Petaluma South) to the most ,easterly corner
P�,l.o
p'
of the intersection of .D Street "and Fourth Street, said co M'er is also defined as the
intersection' of the southeaster) line of D
y Street with the northeasterly line of Fourth Street;
thence continuing South, 25° 56' „West, 11.6 feet, (crossing Fourth Street) to a point on the
southeasterly line of D Street; thence leaving said southeasterly line and crossing D Street
North 64', 04' West, 66 feet to the northwesterly line of said Street thence along the
northwesterly line of D'!Street North 25° 56' East 0 feet; more or less, to the True Point of
Beginning.
Containing 8.7 acres; more or less.
The basis of bearings -for the above description is the aforementioned "Map of the City of
Petaluma, December 1865."
The intent of this description is to affect that portion of the elands above described for the
orderly development of the City of Petaluma Project :Number '9016. This description was
compiled in the offices of -CSW /S "tuber= Stroeh Engineering Group, Inc. from record deeds,
mapping and legal descriptions :obtained: from City of Petaluma and County of Sonoma files
during. January 2004. 'No. g_ ry nor gores are intended to be. created where record or field
a
survey information may be in conflict.
Prepared by:
CSW %STUBER- STROEH`ENGINEERING GROUP
,
� JOHN J.
John J'', "FxfzGerald/ 'I Date.
P L S, :.4,'419' (License Expires '9= 3'0 =05) UC 444`19 ,
Job Number: 4.6148,01—A
'
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Resoluton 11.0. N.C.S,.
of the 06 6f PetaltiMa
RESOLUTION CALLING FOR' A PUBLIC HEARING',TO CONSIDER THE FORMATION OF A
GROUND UTILITY DISTRICT' IN °THE, VICINITY OF "D " STREET BETWEEN
'
ULE 20B UNDER -
FIRST STREET AND.FOU�RT_ H`STREET; A_ND FIRST STREET-BETWEEN "D" AND "F" STREET
( "D" STREET UNDERGROUND' UTILITY DISTRICT
WHEREAS, Ordinance No. 893 N C.S., Chapter `14.36 of the Petaluma Municipal Code establishes a
M .i y nct and requires as, the .in' step in such procedure the
procedure for the creation of an underground utilrt dist _ i'tial
holding of a public hearing to, ascertain whether ublic
necessit ,,health, or welfare p Y, _ Y, require the removal q
of poles overhead wires, and' associated overhead structures;, and the underground installation of wires and
facilities for supplying electric, communication, or similar or associated service in any such district; and,
WHEREAS, it has been recommended that such an underground utility district, hereinafter called District, be
formed on that portion as described 'on the, attached Boundary Map, marked "Exhibit A ", and on the attached
" et Underground Utility District ", which will include Assessor
description, marked Exhibit B , entitled:. D Stre
Parcels! 8- 064 -004 and 005,'8 -123 001, 8- 122 -002, and 006, 8- 068 -003 and 004(City parcel), 8- 121 -001, and 8-
121 - 007 - through 012; and
0
WHEREAS, the three parcels of 8- 1.22 7 .005, 8424 -006, and 8 -112 -00:1 will be required to underground at least
one service because their service line ends with a `pole -that is in the district and will be removed; and
WHEREAS in accordance with Califo
rnia Streets and Highways Code •Section 5896.5(b), the City Council of
they Cit f Petaluma has deterriimed that t
y he City of Petaluma has voluntarily agreed to pay over fifty percent of
g ' � under ound wires the "'cost of convertin overhead wires a nd facilities �to'
gr and facilities as proposed for the
District as described herein;
NO
W; TH'ERE'FORE, BE IT RESOLVED as follows:
1. The - foregoing recitals are rue, correct, and are hereby included herein by reference as findings of
the City Council of the City of Petaluma.
Page' I Jam.
2. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council,;of the City of
Petaluma pursuant to Petaluma Municipal Code Chapter 14.36 and other applicable: law on
December 06, 2004 at the hour of 7`,00 p.m., or as soon thereafter as the matter can be heard, in•the
Council Chambers of�the City Hall; Petaluma, California, to ascertain whether the :public necessit
health, safety, or welfare require the removal of poles, overhead wires ,and associated overhead
structures and the; underground 'insfallation of wires and facilities for - supplying electric,
communication or similar associated service in the District herein described.
3. At such hearing aft persons interested shall be given an, opportunity to be heard.. Said hearing may
be continued from time to time as may be determined by the City Council.
4.' In accordance -with Petaluma Municipal Code''Section 14.36.020, %the City Clerk, shall notify all
affected: property owners as _shown on the ;last equalized assessment' roll and utilities concerned of
the time and place of'such by mailing a copy of this :resolution to such propertyowners and
concerned at ten ('10) days prior to the date °of the
5. The area proposed to be included in the District is described in ther assessor's parcel reap excerpt
marked Exhibit A, entitled "D" Street Underground Utility District" which is attached hereto.
I hereby certify that the foregoing Resolution No,. 2004 -_ was duly`introduced and ado
pted,by.°the'Petaluma
City Council at a regular, meeting held on by °the following vote:
Members of the Council':
AYES-
NOES
ABSENT:
ABSTAIN:,
City Clerk
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