RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
STATE OF CALIFORNIA, TO APPROVE THE REVISION OF THE
UNDERGOUND UTILITY DISTRICT 20-1 BOUNDARY
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 and counties 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 City of Marysville, has adopted an ordinance authorizing the City 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, on March 10, 2020, the City Council, by Resolution 2020-07 established the formation of Underground Utility District 20-1; and WHEREAS, the Director of Public Works for the City of Marysville has consulted with the affected public utilities and such utilities have agreed that the proposed underground conversion district, designated the PG & E 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,
1. that such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities, and
2. 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
3. that the street or road or right-of-way adjoins or passes through a public recreation area or an area of unusual scenic interest to the general public, and
4. 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 City of Marysville 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 City of Marysville has consulted with PG&E and determined that the City has accumulated Rule 20A work credits or PG&E has agreed that the City may borrow against future credits sufficient to complete the proposed overhead to underground conversion project, and WHEREAS, the City of Marysville and the affected utilities shall agree by letter that each utility shall complete the engineering of their respective portion of the B Street and 14th Street Overhead to Underground Utility Conversion Project 20-1, and WHEREAS, the City of Marysville and the affected utilities have agreed by letter that each respective party shall be responsible for preparation of the trench profile and composite drawings and that each party 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 City of Marysville 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, to the extent required, the City of Marysville has agreed to provide easements or rights of way on private property as may be necessary for installation of utility facilities in a form satisfactory to the affected utilities, and WHEREAS, the City Council of the City of Marysville 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 WHEREAS, upon the recommendation of the Director of Public Works, the City Council of the City of Marysville has determined that the proposed B Street and 14th Street Underground Utility District 20-1 is categorically exempt from environmental review pursuant to the California Environmental Quality Act, and WHEREAS, the City of Marysville has notified all affected property owners within the proposed B Street and 14th Street Underground Utility District 20-1 and inviting same to attend a public hearing to discuss revision of the proposed district, and WHEREAS, the City Council of the City of Marysville held a public hearing 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, BE IT RESOLVED, by the City Council of the City of Marysville that:
Section 1. The public interest requires the removal of all existing utility poles excepting those poles supporting streetlights, traffic signals or trolley lines, 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 B Street and 14th Street Underground Utility District 20-1, and
Section 2. That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in B Street and 14th Street Underground Utility District 20-1 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, and Section 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 B Street and 14th Street Underground Utility District 20-1 a maximum of one hundred feet of individual electric service trenching and 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 City of Marysville, and
Section 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 B Street and 14th Street Underground Utility District 20-1, and each property owner and/or the City of Marysville 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 Section 5. That upon notification as specified in Section 2, all property owners in B Street and 14th Street Underground Utility District 20-1 shall have underground electrical entrance facilities installed and inspected pursuant to the City of Marysville Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the Director of Public Works who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements, and
Section 6. 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 (except as specified above) and associated overhead facilities in B Street and 14th Street Underground Utility District 20-1, within (90) days.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced and adopted by the City Council of the City of Marysville, County of Yuba, State of California, on the 18th day of July, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of July, 2023.
City of Marysville, California
By its City Council
By: _______________________________
Chris Branscum, Mayor
Attest:
_____________________________
Nicole Moe, City Clerk