HomeMy WebLinkAbout26 - UUD 15 - McFadden Square IntersectionApril 26, 1999
CITY COUNCIL AGENDA
. ITEM NO. 26
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 15,
NEWPORTIBALBOA — MCFADDEN SQUARE INTERSECTION (19TH STREET
TO 32ND STREET)
RECOMMENDATIONS:
Open the public hearing, receive testimony, and close public hearing.
2. Thereafter, take one of the following actions:
A. Adopt Resolution No. 99 -, establishing Underground Utility District No. 15.
or
B. Abandon the district proceedings.
DISCUSSION:
• The Edison Company funds a certain number of projects along arterial highways to underground
existing overhead utility main lines pursuant to a P.U.C. established program ( "the Rule in Case
8209" also know as "Rule 20A" projects). The Edison Company funding can also be used to
underground the portion of the existing service connections located within the street right -of -way
and within utility easements and up to 100' from the public right -of -way or easement. The
remaining portion of the conduit installation and meter conversion costs on private property must
be borne by the property owners.
It has been the goal of the City of Newport Beach to underground all overhead facilities along
major arterials. The undergrounding of utilities on Newport/Balboa Boulevard — McFadden
Square intersection including Newport Boulevard from 19th Street to 32nd Street will enhance the
entrance to the Newport Pier area. It is recommended that the Rule 20A funds be used for
installing underground service conduit up to 100 feet from the public right -of -way and it is
recommended that this be done in order to reduce the cost to the property owners for
undergrounding their services.
Historically it has been the City's policy that each property owner pays to underground their own
services. This concept is consistent with City policy for many years, and is felt to represent a fair
division of public and private responsibilities. Undergrounding is a result of the following policies
and responsibilities:
1. In new developments, all main line utilities and service connections are installed
underground as part of the initial development. The cost is included in the cost of the
houses or the commercial development. This requirement has existed for more than 40
. years.
2. In existing developments served by overhead utilities, the service connections must be
placed underground by the property owner when a new main building is constructed, when
the existing electrical service is installed, or when a residential building or use is converted
SUBJECT: PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 15, NEWPORT /BALBOA — MCFADDEN
SQUARE INTERSECTION (19T" STREET TO 32ND STREET)
April 26, 1999
Page: 2
to a non - residential use or purpose. This requirement has existed for approximately 23
years.
3. In a number of older residential areas (for example Corona Highlands), the property
owners have banded together to form a benefit assessment district to underground the
existing overhead utilities. All costs of both the main line undergrounding and the
individual service conversions are borne by the property owners.
4. In the 14 previous "Rule 20A" projects in Newport Beach, the property owners have been
responsible for the service connection conversions. This is the type of project proposed
along Newport Boulevard.
As referenced above, the cost of converting individual private overhead utility services to
underground, has uniformly been the property owner's responsibility. In most cases, the property
owner has also borne the cost of converting the main line overhead utility facilities to underground.
It is only in the Rule 20A projects that the Edison Company pays the cost of undergrounding the
main line facilities.
On March 22, 1999, the City Council set a public hearing for April 26, 1999, to consider the
formation of Underground Utility District No. 15 under the current Rule in Case 8209
undergrounding program. Underground Utility District No. 15 is not an assessment district and
does not follow the same procedures required of assessment districts. The City is not required to
obtain a majority approval of the affected property owners to form an undergrounding district of •
this type.
In order to apprise property owners of the proceedings, a letter was forwarded to all affected
property owners. Additionally, a property owner information meeting was held on April 21, 1999,
in the City Council Chambers to explain the proposed district and answer questions. It was
explained that the property owners have always paid for converting their own electrical services in
undergrounding districts.
The City has received no protest letters as of April 12, 1999.
A large exhibit will be on display in the Council Chambers showing the boundaries of the proposed
district and the poles and overhead lines to be removed.
Respectfully ° submitted,
�4 �. ,.
P LIC WORKS DEPARTMENT
Don Webb, Director
By: Z `
Richard L. Hoff fa t
Development Engineer
Attachments: Resolution
Copy of March 22, 1999, Staff Report
Exhibit
f:lusers\pbwt shared lcouncihfy98-991april -2Muud 1 S-2.doc
0 RESOLUTION NO. 99 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING UNDERGROUND
UTILITIES DISTRICT 15 (AT THE NEWPORT /BALBOA
BOULEVARD — MC FADDEN SQUARE INTERSECTION
AND NEWPORT BOULEVARD FROM 19T" STREET TO
32ND STREET) AND ORDERING THE REMOVAL OF
POLES, OVERHEAD WIRES, AND ASSOCIATED
OVERHEAD SERVICES WITHIN THAT AREA OF THE CITY
LOCATED WITHIN SAID DISTRICT
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport
Beach Municipal Code, authorizes the City Council to call public hearings to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires
and associated overhead structures within designated areas of the City, and underground
installation of wires and facilities for supplying electric, communication, or similar services;
and
WHEREAS, on the March 22, 1999, the City Council took action to set a
public hearing for the 26th of April 1999, at 7:00 P.M. for the purpose of determining
whether an underground utilities district should be established within that certain territory
referred to as Underground Utilities District No. 15 (Newport/Balboa Boulevard —
McFadden Square Intersection and Newport Boulevard from 19th Street to 32nd Street),
which is hereinafter described; and
WHEREAS, notices have been sent to all owners of property within said
underground utilities district, in the manner prescribed by said Chapter 15.32 of the
Newport Beach Municipal Code; and
WHEREAS, after consideration of all protests to the formation of said
Underground Utilities District No. 15, the City Council has determined that public health,
. safety and welfare require the formation of said District;
ORDERS: NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND •
The public necessity, health, safety and welfare require the removal
of poles, overhead wires and associated overhead structures used to supply electric and
telephone service and their installation underground within the following described areas
of the City of Newport Beach:
That parcels of land located in the City of Newport Beach, County of
Orange, State of California, described as a whole as follows:
Newport Boulevard /Balboa Boulevard — McFadden Square Intersection
right -of -way including Newport Boulevard from 1 gth Street to 32nd Street.
For reference, the boundary line of the land described above is shown on
City of Newport Beach Drawing No. M- 5335 -L, on file in the office of the
Public Works Department.
The City Council further finds that:
•
2. (A) Newport Boulevard along which the work is to be performed is
extensively used by the general public and carries a heavy volume of pedestrian and
vehicular traffic; and
(B) Newport Boulevard leads to a public recreation area and passes
through an area of unusual scenic interest to the general public.
3. The above - described area is hereby declared to be an underground
utilities district, to be known as Underground Utilities District No. 15, and the affected
utility companies and property owners are ordered to cause the required removal and
underground installation work to be done.
•
•
I*
0
4. The date by which the required removal and underground installation
work is to be accomplished and by which the affected property owners must be ready to
receive underground service is March 1, 2001.
5. The City Clerk is directed to notify all affected utility companies and
all persons owning property within said District of the adoption of this resolution within ten
(10) days after its affective date, in accordance with Section 15.32.080 of the Newport
Beach Municipal Code.
ADOPTED this
ATTEST:
City Clerk
day of
i:\ users\ pbw %shared\resolutions\uud- 15.doe
Mayor
1999.
March 22, 1999
CITY COUNCIL AGENDA
ITEM NO. 6
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: PROPOSED UNDERGROUND UTILITY DISTRICT NO. 15
(NEWPORT /MCFADDEN SQUARE INTERSECTION — 19TH STREET TO 32ND
STREET)
RECOMMENDATION:
Schedule a public hearing for 7:00 P.M. on April 26,1999, to determine whether or not an
underground utilities district should be formed along Newport/Balboa Boulevard — McFadden
Square intersection and Newport Boulevard from 19th Street to 32 "d Street, using the procedure
of Chapter 15.32 of the Municipal Code.
DISCUSSION:
In the late 1960's the California Public Utilities Commission (P.U.C.) enacted a rule, known as the
"Rule in Case 8209" (Rule 20A), providing that the regulated electrical utilities establish a defined
program to underground existing overhead utility lines. The telephone companies participate by
undergrounding their facilities in cooperation with electrical utility projects.
The program is paid for with utility company funds allocated in accordance with a P.U.C. specified
formula. (This program is completely separate from the assessment district program used to
underground utilities in residential areas.) In Newport Beach the allotment is currently $329,000
per year.
Because of the limited amount of funds available compared with the large amount of existing
overhead utilities, the City Council adopted a policy on October 26, 1971, assigning first priority to
undergrounding along Pacific Coast Highway; and further providing for a special priority for
undergrounding in conjunction with construction projects along major and primary arterial
highways.
In order for an undergrounding project to be eligible for funding under the Rule 20A program, the
project must satisfy one or more of the following P.U.C. specified criteria:
a. The undergrounding will eliminate an unusually heavy concentration of overhead facilities,
or
b. The street is extensively used by the general public and carries a heavy volume of
pedestrian or vehicle traffic, or
C. The street adjoins or passes through a civic area or public recreation area or an area of
unusual scenic interest to the general public.
The City's current Rule 20A undergrounding program has expended available funds through
1]
0
L]
SUBJECT: Proposed Underground Utility District No. 15 (Newport/McFadden Intersection — 19'" Street to 32nd Street)
March 22, 1999
Page: 2
Calendar Year 1998, with the most recent project being the undergrounding along Newport
Boulevard from 32 "d Street northerly to the "Arches' interchange which is currently under
construction.
The City's account from the Edison Company's Rule 20A undergrounding program is now
$469,000.00, with additional projected allotments of $329,000 per year through the year 2001.
The City must hold a hearing and adopt a resolution to establish the district in order to use the
funds.
At its regular meeting held on January 16, 1998, the City's Public Works Committee discussed the
establishment of an underground utilities district to underground overhead utilities along
Newport/Balboa Boulevard at the McFadden intersection and Newport Boulevard from 19th Street
to 32 "d Street. It is recommended that the City move to establish an underground utilities district
to underground all overhead utilities along Newport Boulevard from 19th Street to 32nd Street.
The estimated cost of the proposed undergrounding project is $1,030,000. Edison anticipates
that it will be approximately 2 years before the design will be complete. It is anticipated that the
City will have approximately $1,127,000 in its Rule 20A account by the year 2001 to fund
Underground Utility District No. 15.
The recommendation is based upon the following findings:
1. The Edison Company has funds available from the City's allocation of Rule 20A funds if
the City establishes the proposed district.
2. The proposed district meets the P.U.C. eligibility criteria as stated above.
3. The proposed district conforms with the City Council's priority criteria stated above.
4. If other desirable undergrounding projects should be identified, additional funds are
projected to be available by FY 2002 or the City could request an advance of funds from
the Edison Company.
The location of the proposed Underground District No. 15 is shown on the attached sketch.
Also attached is a report describing
inception in 1968 to the present.
Resp 'C 4 ub itte ,
Public Works Department
Don Webb, Director
By: 1l
Richard H stadt
Development Engineer
the City's utility funded underground program from its
Attachments: Sketches showing proposed District No. 15
Status report on Rule Case 8209 Undergrounding Program
f: \usems pbw\shared\ council \fy98- 99\mar- 22\ad- I 5.doc
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
UTILITIES UNDERGROUNDING PROGRAM
March 5, 1999
Projects to replace overhead electric and communication systems with underground
facilities may be accomplished in a variety of ways. The procedure of most interest to the
public is one by which utility companies furnish the funds, and local public agencies
determine where they will be spent. The procedure is referred to as the Rule in Case
8209. The Southern California Edison Company designates this procedure as Rule 20A.
Pacific Bell does not allocate specific amounts of money to a public agency; however, it
undergrounds the same area that is undergrounded by the power company.
The Rule in Case 8209 (Rule 20A)
In 1965, the Public Utilities Commission of the State of California instituted an order of
investigations, Case 8209, concerning tariffs, practices, economics, and the esthetics of
undergrounding. In 1967, as a result of the investigations and after holding a number of
public hearings, the commission established rules for the replacement of overhead
facilities with underground facilities.
The rule in Case 8209 (Rule 20A) provides that each public utility will, at its own expense,
replace overhead facilities provided that the governing body of the city or county has:
A. Determined, after consultation with the utility companies and after holding public
hearings, that such undergrounding is in the public interest for one or more of the
following reasons:
1. The undergrounding will avoid or eliminate an unusually heavy
concentration of overhead facilities.
2. The street is extensively used by the general public and carries a heavy
volume of pedestrian or vehicular traffic; and
3. The street adjoins or passes through a civic area or public recreation area
or an area of unusual scenic interest to the general public.
B. Created an underground district in the area which provides that:
1. All existing overhead communications and electrical distribution facilities in
the district shall be removed; and
2. Each property owner served from such overhead facilities shall provide all
facility changes on his premises necessary to receive service from the
i
0 underground facilities of the utility as soon as it is available; and
3. The utilities are authorized to discontinue their overhead services.
Underground Utilities Coordinating Committee:
To meet the requirements of the Rule Case 8209, on December 28, 1968, the City
Council established the Underground Utilities Coordinating Committee. The original
committee consisted of 4 members:
1. City Manager
2. Public Works Director
3. Representative from the Southern California Edison Company
4. Representative from Pacific Bell
At a later date, one Council member was added to the committee. Currently
Councilwoman Debay is the member on the committee.
• The main purposes of this committee are to: (1) make recommendations to the City
Council on the location and priority of conversion work within the City, (2) advise the City
council on all underground utilities matters; and (3) coordinate underground work and
plans between the City and affected utility companies.
The Underground Utilities Coordinating Committee meets bimonthly, and the meetings
are open to the public.
Establishment of Priorities:
After the first series of public hearings were held by the City Council, it became evident
that because of; (1) the limited funds available, (2) the large number of requests for
undergrounding, and (3) the difficulty in getting the individual property owners to pay for
work (service conversions) to be done on private property, a uniform City -wide approach
was needed.
On October 26, 1971, the City Council approved the following policy for establishing
underground utility districts:
1. First priority will be given to undergrounding utilities along Coast Highway.
2. A special review of priorities will be given to undergrounding when extensive
construction is proposed along major and primary streets.
z
Some of the reasons for concentrating on Coast Highway were as follows: •
1. The conversion on Coast Highway would meet all of the criteria established
by Rule 20A.
2. Coast Highway carries an unusually heavy volume of vehicular traffic and is
used by everyone in the City.
3. Coast Highway was designated by the State as a scenic highway.
4. The Orange County Coast Association is working to underground the entire
length of the Coast Highway in Orange County.
5. The Newport Tomorrow Report recommended undergrounding in
commercial areas.
6. Most of the adjoining property owners were willing to pay for the cost of the
work done on private property.
Existing Program
District No. 1 - Ocean Boulevard from Heliotrope Avenue to Poppy Avenue.
Established after a public hearing held on November 23, 1970. •
(Estimated amount of Rule 8209 funds - $28,000)
District No. 2 - Coast Highway from Riverside Avenue to Marina Drive. Established
after a public hearing held on May 24, 1971. (Estimated amount of
Rule 8209 funds - $230,000)
District No. 3 - Coast Highway from Bayside Drive to Jamboree Road, and
Jamboree Road from Coast Highway to Bayside Drive. Established
after a public hearing held on December 10, 1973. (Estimated
amount of Rule 8209 funds - $87,000)
District No. 4 - Coast Highway from Jamboree Road to MacArthur Boulevard.
Established after a public hearing held on November 25, 1974.
(Estimated amount of Rule 8209 funds - $250,000)
District No. 5 - Jamboree Road from north of San Joaquin Hills Drive to south of
Santa Barbara Drive. Established after a public hearing held on
November 25, 1974. (Estimated amount of Rule 8209 funds -
$100,000)
District No. 6 - Coast Highway from Dover Drive to easterly of Upper Bay Bridge.
Established after a public hearing held on November 8, 1976.
(Estimated amount of Rule 8209 funds - $200,000)
3
• District No. 7 - Way Lane from Fernleaf Avenue easterly and westerly. Established
after a public hearing held on October 23, 1979. (No Rule 8209
funds involved).
District No. 8 - Superior Avenue from 15th Street to northerly City boundary of Tract
7817. Established after a public hearing held on November 9, 1981.
(Estimated amount of Rule 8209 funds - $75,000)
District No. 9 - Superior Avenue from 15th Street to northerly City boundary.
Established after a public hearing held on July 9, 1984. (Estimated
amount of Rule 8209 funds - $87,000)
District No. 10 - Balboa Boulevard in the vicinity of I Street. (No Rule 8209 funds
involved)
District No. 11 - West Coast Highway from Newport Boulevard to Santa Ana River.
Established after a public hearing held on June 24, 1985.
(Estimated amount of Rule 8209 funds - $1,275,000)
District No. 12 - West Coast Highway from Dover Drive westerly to Marino Drive and
MacArthur Boulevard from East Coast Highway northerly to Crown
• Drive.
District No. 13 - West Coast Highway from Dover Drive westerly to Marino Drive and
MacArthur Boulevard from East Coast Highway northerly to Crown
Drive was established after a public hearing on January 10, 1994.
(Estimated amount of Rule 8209 funds - $158,000)
District No. 14 - Newport Boulevard from 32 "d Street northerly to north of the "Arches"
Bridge. Established after a public hearing on May 12, 1997.
(Estimated amount of Rule 8209 funds - $500,000)
is
Proposed Districts
District No. 15 - Newport/Balboa Boulevard — McFadden Square Intersection and
Newport Boulevard from 19th Street to 32 "d Street.
Elusers\pbvAdhoffstadt\ad lrule8209.doc
4
e 6 � •wJ `alb \`,i�' LO
In �' L� °°I,¢•\\>°' ,'F`�� `�` - ,^° 4_
/6
d >
to < G
_o 0
cc 19 F2 a = Y 0 w`. say
n
Fr— 19 le
J N 44yysyy ?FE 2
Z p I x —
3 va
Z wH �I • O �• I zza 4_`na 3 _ as
O g I 8 Li3111Sn aHxx
^ V
Q''
I O12, .ezz
W >Q C�'i 22 6020 mMZ
LL
0 W O 992: cczz_ .IZz
::) o0 133HM 06TC _
m a § ,e
O g � 5 -� •omca
N -1 O 21, • exz
w Z no' -
J 0 �60fC2 1 f 1 iii E g ,kz II�
D R °
j W
Q J IC , vz
H Bpj viz
W O N
O ~ 'r�'a O
O
w Q nI I az
LS \ � Q p -FFW� ,
4
- LLLLI� mr
maz U
80p � uza O
/
/d'4• P ersrez �Q H182 ' •' = S g zlaz
6.
92 6(a m 6002 9
62 IIB2
\/ 9 2202 a v ^ 1 - - - a - •°
Gat
CEO, 1331115 m H162
d � c
J=
_ (A
: � 3
Y, T
S °
tau
ME
133MS
J=
_,
f
_
s
N ryFFI
,1
e°m
omc
zm
133MS
J=
_,
f
_
s
N ryFFI
,1
u
April 12, 1999
CITY COUNCIL AGENDA
• ITEM NO. >o
TO: Mayor and Members of the City Council Cis' "'^"L AG ^. "D
u.arvvs SiL.�.,dA
FROM: Public Works Department
rO. s y -a(A q 9
SUBJECT: ESTABLISH SPEED LIMITS ON STREETS THAT WERE RECENTLY
RELINQUISHED TO OR ANNEXED BY THE CITY OF NEWPORT
BEACH
RECOMMENDATION:
Introduce Ordinance No. amending Chapter 12.24 (Special Speed Zones) of
the Municipal Code to add streets recently relinquished to or annexed by the City of
Newport Beach
DISCUSSION:
Several street segments were recently annexed to the City of Newport Beach from the
City of Irvine. In addition, the State of California relinquished a portion of MacArthur
Boulevard to the City of Newport Beach. In order to provide for radar speed
enforcement by the Police Department, these streets must be added to the City of
Newport Beach's Municipal Code.
• The following speed limits have been determined to be appropriate per the
requirements of the California Vehicle Code:
A speed limit of 50 miles per hour shall be established on Bison Avenue from
Route 73 to MacArthur Boulevard, on Bonita Canyon Drive from MacArthur
Boulevard to Route 73 and on MacArthur Boulevard from San Joaquin Hills
Road to East Coast Highway.
A speed limit of 55 miles per hour shall be established on MacArthur Boulevard
from Route 73 to San Joaquin Hills Road.
These are currently the speeds that are posted on these streets, or the streets are not
posted. No changes in speed limits are being made with this action.
Re ctf=ui
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: Q
. mes Brahler
, 46 Associate Civil Engineer
Attachment: Ordinance
F; \usemkpbvAshared \council \"8-99 \apr72\speed limits
ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 12.24.050 THROUGH 12.24.090 OF
THE NEWPORT BEACH MUNICIPAL CODE REGARDING
DECREASING STATE SPEED LIMITS
follows:
as follows:
The City Council of the City of Newport Beach does hereby ordain as
Section 12.24.050, "Decreasing State Speed Limits', is amended to read
Section 12.24.050, Decreasing State Speed Limits.
It is hereby determined upon the basis of engineering and traffic surveys
that the speed permitted by State law outside of business and residence
districts as applicable upon the streets or parts thereof described in
Sections 12.24.055 through 12.24.090 is greater than is reasonable or
safe under the conditions found to exist upon such streets, and it is
hereby declared that the prima facie speed limit shall be as hereinafter
designated on those streets or parts thereof when signs are created giving
notice thereof. •
Section 12.24.055, 'Prima Facie Speed Limit -- Fifty -five Miles Per Hour ",
is repealed and replaced to read as follows:
Section 12.24.055, Prima Facie Speed Limit -- Fifty -five Miles Per Hour.
The prima facie speed limit on the following named streets or parts
thereof shall be fifty -five (55) miles per hour:
Jamboree Road from East Coast Highway to San Joaquin Hills Road
MacArthur Boulevard from Route 73 to San Joaquin Hills Road
Section 12.24.060, "Prima Facie Speed Limit - -Fifty Miles Per Hour', is
repealed and replaced to read as follows:
Section 12.24.060, Prima Facie Speed Limit - -Fifty Miles Per Hour.
The prima facie speed limit on the following named streets or parts
thereof shall be fifty (50) miles per hour:
Bison Avenue from Route 73 to MacArthur Boulevard
Bonita Canyon Drive from MacArthur Boulevard to Route 73 •
Jamboree Boulevard from MacArthur Boulevard to Campus Drive.
1
0
E
Jamboree Road between MacArthur Boulevard and San Joaquin Hills
Road.
MacArthur Boulevard from Campus Drive to Jamboree Boulevard.
MacArthur Boulevard from San Joaquin Hills Road to East Coast
Highway
San Joaquin Hills Road from Marguerite Avenue to Spyglass Hill Road.
University Drive from La Vida to East City Limit
This Ordinance shall be published once in the official newspaper of the
City, and the same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on the 12th day of April 1999 and adopted on the 26th
day of April 1999 by the following vote, to wit:
ATTEST:
City Clerk
f:\usem\pbvAshared\ordinances\decspeed 1999.doc
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
Mayor
2