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
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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
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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
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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
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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
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Resolution 2016 -008 March 1, 2016
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EXHIBIT 1