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2016-008 - Establishing an Underground Utility District along Los Gatos Blvd from south of Lark Ave to Chirco DrRESOLUTION 2016 -008 RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG LOS GATOS BOULEVARD FROM SOUTH OF LARK AVENUE TO CHIRCO DRIVE RESOLVED, by the Town Council of the Town of Los Gatos California, that: WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground; and WHEREAS, the Town of Los Gatos, has adopted an ordinance, codified as Article IV, UNDERGROUND UTILITY DISTICTS in the Town of Los Gatos Municipal Code, authorizing the Town Council to designate areas within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, the Director of Public Works for the Town of Los Gatos has consulted with the affected public utilities and such utilities have agreed that the proposed underground conversion district, designated the Los Gatos Boulevard (Lark to Chirco) Underground Utility District and more particularly described in Exhibit 1 attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC, to wit, That the street or road or right -of -way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and 1 of 5 Resolution 2016 -008 March 1, 2016 That the street or road or right -of -way is considered an arterial street or major collector as defined in the Governor's Office of Planning and Research General Plan Guidelines; and WHEREAS, each year the Town of Los Gatos is notified by PG &E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations; and WHEREAS, the Director of Public Works for the Town of Los Gatos has consulted with PG &E and determined that the Town has accumulated Rule 20A work credits or PG &E has agreed that the Town may borrow against future credits sufficient to complete the proposed overhead to underground conversion project; and WHEREAS, the Town of Los Gatos and the affected utilities have agreed that each utility shall complete the engineering of their respective portion of the Los Gatos Boulevard (Lark to Chirco) Overhead to Underground Utility Conversion Project; and WHEREAS, the Town of Los Gatos and the affected utilities have agreed that PG &E shall be responsible for preparation of the trench profile and composite drawings and that PG &E shall be designated as "trench lead" to manage trenching, installation of substructures, and pavement restoration and such other work; and WHEREAS, the Director of Public Works of the Town of Los Gatos and the affected utilities have agreed on a work schedule which meets their respective capabilities and further agreed to waive any administrative fees, costs or special street restoration requirements for purposes of this project; and WHEREAS, the Town Council of the Town of Los Gatos has now received the report from the Director of Public Works recommending that the area identified in Exhibit 1 should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and 2of5 Resolution 2016 -008 March 1. 2016 WHEREAS, upon the recommendation of the Director of Public Works, the Town Council of the Town of Los Gatos has determined that the proposed Los Gatos Boulevard (Lark to Chirco) Underground Utility District is categorically exempt from environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Town of Los Gatos has notified all affected property owners within the proposed Los Gatos Boulevard (Lark to Chirco) Underground Utility District and inviting same to attend a public hearing to discuss formation of the proposed district; and WHEREAS, the Town Council of the Town of Los Gatos held public hearings at which time the Council did receive and consider the recommendation of the Director of Public Works and did hear any and all objections or protests that were raised by the owners of property within the above described district pertaining to designating this area an underground utility district; NOW, THEREFORE, IT IS HEREBY ORDERED: The public interest requires the removal of all existing utility poles, overhead wires and associated overhead structures and installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas as shown in Exhibit 1, attached hereto, with such area being designated as the Los Gatos Boulevard (Lark to Chirco) Underground Utility District. 2. That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in Los Gatos Boulevard (Lark to Chirco) Underground Utility District and that as each phase of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre -paid, of the schedule for conversion of all utility service lines. 3. The electric utility shall use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in the Los Gatos Boulevard (Lark to Chirco) Underground Utility District a maximum of one hundred feet of individual electric service trenching and 3 of 5 Resolution 2016 -008 March 1, 2016 conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the Town of Los Gatos. 4. The electric utility shall use said underground conversion allowance allocation, up to a maximum amount of $1500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the Los Gatos Boulevard (Lark to Chirco) Underground Utility District and each property owner shall be financially responsible for any and all costs not covered by the electric utility for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served and the Town of Los Gatos intends to accept an option made available by PG &E as per form 79 -1113 (Rev 1 /10) Agreement to Perform Tariff Scheduled Related Work - Rule 20A Electric Panel Service Conversions, which allows the Town to use Rule 20A credits to perform the remaining of the conversion work, with the exception of work related to violations. 5. The Town Clerk is hereby instructed to notify all affected utilities and all persons owning real property within the Los Gatos Boulevard (Lark to Chirco) Underground Utility District of adoption of this resolution within ten (10) days after the date of such adoption. Said Town Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant, shall by the date fixed in this resolution provide all necessary facility changes on their premises so as to receive such service from the lines on the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the state of California. Such notification shall be made by mailing a copy of this resolution together with a copy of the Town Code to the affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. 6. That the Town Council does hereby establish that the date on which affected property owners must be ready to receive underground service and the order the removal of all 4 of 5 Resolution 2016 -008 March 1, 2016 poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication or similar or associated service within the Los Gatos Boulevard (Lark to Chirco) Underground Utility District shall be established by a schedule determined at the time a bid is awarded for the project, as required by a phasing plan or dates as may be set by a subsequent schedule, or before the date of February 15, 2018. 7. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles and associated overhead facilities in Los Gatos Boulevard (Lark to Chirco) Underground Utility District. PASSED AND ADOPTED at a regular meeting of the Town Council held on the I" day of March 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: ABSENT: G\:I.`11K 10 MAYOR F THE TOWN OF LOS GATOS GATOS, CALIFORNIA ATTEST: g"K�- A\�A CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA zI?.[ (LP 5 of 5 Resolution 2016 -008 March 1, 2016 N O OPT? IA.S PENCT LARK AV � (�P tOa P <2 OPP u 9RROtQ e ¢ C arnW LARK AV P t 9 — H�OHLANp op 2 OAKS Wy 4y 9 OR 2'OAKMONT Wy P 3 t�Q O h S IVY MLL WT OA K PA GATEWAY R ea'P OR x O w xoe e¢i w onK LONGRIDGE RD < �V U p SJ Lj� h OaxpA Ste- O pP o P POrod PVC P P a s 9 y2m Ql �Pf W O Z <y N P J W M o o P � Oda �P 2 u CNIRO P 0 y� Q 02 a OR P4 05 WCORCEL �/\ w O p 2 pZZ� a 4 AA m N O FARLE. RD AA Q m fPR�EV 0.D m F G� OlE pNOER ¢a rRANK AV W� LEROY LILAC \ _ PLACER J v110NE OR pRw AKS R GHERR Sw 5 0Lp5 � a 3 OAK R z x M Cl � u tt Y � giossom wu R° o EXHIBIT 1