HomeMy WebLinkAboutRes 04-36 Underground Utilities - Palm Desert HighlandsCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: ADOPTION OF RESOLUTION NO. 04-36 INITIATION OF
ASSESSMENT DISTRICT PROCEEDINGS FOR
UNDERGROUNDING OF UTILITIES AT PALM DESERT
HIGHLANDS AND ADJACENT PROPERTIES (DISTRICT 17)
DATE: MAY 13, 2004
CONTENTS: RESOLUTION NO. 04-36
PETITIONS COVER PAGE
DEPUTY CITY CLERK CERTIFICATION OF PETITIONS
Recommendation:
Adopt Resolution No. 04-36 , initiating proceedings for the undergrounding of
overhead electric and communication utility facilities to underground facilities pursuant
to the provisions of Chapter 12.12 of the Code of the City of Palm Desert, California and
the Municipal Improvement Act of 1913.
Executive Summary:
Adoption of the above resolution begins the process of forming an assessment district
for undergrounding of utilities in the Palm Desert Highlands area. The next step is for
the City to hire an assessment district engineer and report back to City Council with a
recommendation.
Discussion:
After several meetings between staff and residents of Palm Desert Highlands,
volunteers went door-to-door to gather 95 owners' signatures requesting that the City of
Palm Desert begin the formation of an assessment district for undergrounding utilities.
The total number of property owners in this district is 124, and the number of signatures
certified by the City Clerk's office is 89. This represents seventy-two percent (72%) of
the property owners within the district.
The seventy-two percent (72%) certification of petition signatures qualifies this
assessment district to participate in the City's utility undergrounding assistance
program. Preliminary cost estimate for the assessment district is $2.2 to $2.4 million. A
closer estimate will be given once the detailed design is complete. This cost was
discussed at length with the property owners. Attachment #2 to this report is the cover
page on the petitions that gives the property owners specific information.
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City of Palm Desert
Staff Report
May 13, 2004
After the engineer is hired it will take approximately eight to nine months to finish the
design and put the project out to bid. Once the bid prices are known, the engineer will
spread the assessment and complete the engineer's report. If all goes well, ballots will
be sent out in February 2005 to the property owners for the confirmation vote. If
successful, construction can start in May 2005 and be completed by Thanksgiving 2005.
Please call me if you have any questions.
Submitted by:
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Pat Conlon
Special Projects Administrator
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Approval:
Dave Yrigoye
Director of 'ice. evelopment
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Carlos L. Ort 'a
City Manager
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CITY COUNCIL
RESOLUTION NO.
RESOLUTION NO. 04-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE
UNDERGROUNDING OF OVERHEAD ELECTRIC AND COMMUNICATION
UTILITY FACILITIES TO UNDERGROUND FACILITIES PURSUANT TO
THE PROVISIONS OF CHAPTER 12.12 OF THE CODE OF THE CITY OF
PALM DESERT, CALIFORNIA, AND THE MUNICIPAL IMPROVEMENT
ACT OF 1913
WHEREAS, the City Council desires to initiate proceedings for the formation of a
utility/underground assessment district hereinafter referred to as the "District" pursuant to
the provisions of Chapter 12.12 of the Code of the City of Palm Desert, California, and the
Municipal Improvement Act of 1913 for the formation of said underground assessment
district and the levy and collection of taxes and assessment by the County of Riverside for
the City of Palm Desert to pay for the improvements and the activities therein; and
WHEREAS, pursuant to the above authority, a written petition of the property
owners within the said District representing more than fifty percent (50%) of the proposed
assessment to be levied has been presented to the City Council; and
WHEREAS, the City Council has determined that it is necessary that an engineering
report be prepared for presentation at a public hearing to provide information about the
extent of the utilities participation and the estimates of the total costs to the City and the
affected property owners which shall also include an estimate of the time required to
complete said underground installation and removal of overhead facilities.
NOW, THEREFORE, the City Council of the City of Palm Desert, California, does
hereby resolve as follows:
1. The above recitals are true and correct.
2. The boundaries of the district are established in accordance with Exhibit "A"
attached to this Resolution and made a part hereof and designated as the
Palm Desert Highlands Utility Underground Assessment District.
3. City Council does hereby authorize and order a report to be prepared to
provide all such information as is required for presentation to the participants
to be assessed within the said District.
4. That upon receipt of such report, the City Council will set a public hearing at
which time all persons desiring to be heard may present written or oral
comments to said report and formation of such District.
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RESOLUTION NO. 04-
PASSED, APPROVED AND ADOPTED this day of , 2004, by the City
Council of the City of Palm Desert, California, by the following vote, to wit:
AYES:
NOES:
ABSENTS:
ABSTAINS:
Attest:
Rachelle D. Klassen, City Clerk
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2
Robert A. Spiegel, Mayor
DISTRICT 17
TO: CITY COUNCIL
CITY OF PALM DESERT
PETITION FOR
SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the owners of the parcels of land within the
proposed assessment district shown on the map attached as Exhibit "A", which map is
a part of this document. The preliminary boundary for District 17 shown on Exhibit "A"
encompasses 126 parcels of land.
2. We hereby file with the City Clerk of the City of Palm Desert this
Petition in order to petition the City to order the conversion of the existing overhead
electrical and communication facilities to underground locations within the proposed
assessment district, together with appurtenances and appurtenant work, as generally
described on Exhibit "B", attached hereto and incorporated herein (the `[Improvements[")
and to undertake proceedings for the formation of an assessment district for purposes
of assessment of such parcels if land to pay for the costs of such Improvements
pursuant to the Municipal Improvement Act of 1913 (California Streets and Highways
Code, Section 10000 et seq.).
3. We understand that the total cost of the Improvements will be charged
to the parcels of land within the assessment district which specially benefit from the
Improvements in proportion to the special benefits determined to be received by the
respective parcels in the assessment district.
4. We understand without extensive preliminary engineering work only an
estimate of the cost of the conversion can be provided at this time. The total estimated
cost is $2,242,000 including incidental and financing costs. This estimate is subject to
the final design of the Improvements, and the final cost may or may not exceed such
estimate.
5. We understand that the estimated cost stated above does include the
cost of constructing, reconstructing, relocating or converting electrical and
communication facilities, including connections to the owner's premises, located on any
parcel of land within the proposed assessment district. The estimated cost of such
work is approximately $3,800 per residence, and will depend upon the length and
location of such work. This work may at the option of the property owner be performed
by and paid for by the property owner or if the property owner wishes to be included in
the assessment district costs.
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Petition for Special Assessment Proceedings
Page 2
6. We understand that a report will be prepared on the project, including
plans and specifications, a detailed cost estimate, and a division of the costs among the
benefitted parcels of land, that the City will conduct a public hearing on the formation of
the proposed assessment district, the ordering of the proposed Improvements, and the
levying of the proposed assessments, and that the city will mail notice of the estimated
amount of the assessment and the date, time, and location of the public hearing to
each property owner within the proposed assessment district.
7. We understand that the City Council must abandon the proceedings to
form the Assessment District in the event of a majority protest under Article XIIID of the
California Constitution. A majority protest exists under Article XIIID if, at the conclusion
of the hearing on the Assessment District, the ballots submitted (and not withdrawn) in
opposition to the proposed assessments exceed the ballots submitted (and not
withdrawn in favor of the assessments, with ballots weighted according to the
proportional financial obligation of the affected properties.
8. We understand that in the absence of a majority protest (as defined in
paragraph 7, above) the City Council may, following the conclusion of the public hearing
on the proposed assessments, confirm the proposed assessments and order the
proposed Improvements. We understand that the City Council may make changes in
connection with the assessment district, including, but not limited to, changes to the
proposed Improvements (including the elimination of improvements) and cost
estimates (including line items in the engineer's report); provided, however, this Petition
and Waiver will not be deemed as consent to any increase in the amount of any
individual assessment beyond the amounts set forth in the engineer's report. We
understand that at the conclusion of the public hearing, if a decision is made by the City
Council to proceed, the assessments will become due and payable within the following
30-day period; that bonds may be issued by the City to represent any assessments
which remain unpaid at the end of such 30-day period; and that annual assessment
installments necessary to pay principal and interest on those bonds, maintenance costs
and administrative costs of the City will thereafter be levied and collected by the City.
9. This Petition and Waiver may be signed in counterparts.
When signed return to:
City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
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EXHIBIT B
Utility Underground Assessment District
General Description of Work
The scope of the undergrounding project will include all work and equipment necessary to
convert the existing overhead utility lines to underground and removal of all abandoned power
poles, lines, and associated equipment.
The term overhead utility line includes:
•
•
Power lines owned by Southern California Edison (SCE).
Phone lines owned by Verizon (GTE).
Cable television and fiberoptic lines owned by Time Warner or future owner.
The new underground power, phone, and cable televisionconduit and conductors will be
installed within the public right-of-way (i.e., street) and the pad mounted electrical transformers
will be installed within or adjacent to the right-of-way with the appropriate easements as required
by that utility.
At the option of the property owner, the underground service lateral for the utilities listed above
which runs from the electrical service panel on the home or structure to the appropriate
connection point at the front property line of the parcel, may be included in the assessment cost
to that parcel. if the owner elects to have this work included in the cost of his or her assessment
costs, such work will include the following:
• All necessary underground conduits, conductors, and associated equipment for
electrical phone and cable television service to the home or structure.
All trenching and backfill to include, but not limited to, repairs to all damaged
irrigation or yard lighting lines and replacement of all damaged ground cover, turf,
or shrubs.
All necessary work needed to covert the existing electrical service panel from
overhead to underground service feeders, including removal of all abandoned
overhead service masts and weather head.
The owner may choose to perform and pay for the above work with his or her own selected
contractors in which case the cost for this work will not be included in the assessment district
costs charged to the parcel.
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CITYOFPHLfflDESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-061 1
FAX: 760 340-0574
info® palm -desert. org
TO: Honorable Mayor and Members of the City Council
FROM: City Clerk
DATE: April 6, 2004
SUBJECT: Formation of Undergrounding Utility Assessment District No. 17
Palm Desert Highlands - Certification of Petitions
I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, California, hereby
certify the following information.
Total District Parcel Count: 124
Number of Parcel Owners' Signatures Received: 95
Total Number of Signatures Certified: 89
The 89 certified signatures represent 72% of the property owners within the District,
thereby qualifying it for initiation proceedings. The petitions are on file and available for
inspection in the Office of the City Clerk.
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
t. PRINTED ON RECYCLED PAPER