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CC SR 20201104 03 - Undergrounding Guidelines RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/04/2020 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to update the City’s Guidelines to Residential Utility Undergrounding. RECOMMENDED COUNCIL ACTION: 1) Approve amendments updating the City Council-adopted Guidelines to Residential Utility Undergrounding. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: James O'Neill, Project Manager REVIEWED BY: Ramzi Awwad, PE, Deputy Public Works Director APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Updated Guidelines to Residential Utility Undergrounding (page A-1) B. Updated Guidelines to Residential Utility Undergrounding with City Attorney’s edits shown in track changes (page B-1) C. 2005 City Council-adopted Guidelines to Underground Utilities in Residential Neighborhoods (page C-1) D. May 17, 2005 staff report (page D-1) E. Comments submitted by City on the proposed overhaul of the Rule 20 program (page E-1) F. Public Comments (page F-1) BACKGROUND AND DISCUSSION: Projects involving undergrounding overhead utilities in residential neighborhoods typically generate robust public interest, especially with the increase in wildfires 1 throughout the state. However, the associated expenses and complexity of issues often prevent such projects from being undertaken. Converting existing overhead utility lines (underground conversions) within cities in California has been performed under California Public Utilities Commission (CPUC) Electric Tariff Rule 20. Starting in 1967, tariffs have been collected by investor-owned utilities, such as Southern California Edison, to fund qualifying undergrounding projects. Tariff Rule 20 essentially has three parts: • Rule 20A – Utility providers pay for a majority of the costs of undergrounding the utilities using ratepayer funds. Projects are typically in areas of the community that are most used by the general public (i.e. along major arterial and collector roads) • Rule 20B – Property owners or developers pay 80% of the costs of utility undergrounding projects. Projects usually involve larger developments or neighborhoods that do not meet Rule 20A criteria. (i.e. projects involving both sides of a street for a minimum of 600 feet, and/or neighborhoods that wish to form an underground utility district) • Rule 20C – Property owners pay the entire cost of the utility undergrounding, less a credit for the salvage value of removed facilities. (i.e. one or two property owners that wish to work directly with utility companies and fund the projects directly) Rule 20D is limited to San Diego Gas & Electric Company projects in certain areas with fire risk. Existing residential neighborhoods are governed by Rule 20B and Rule 20C, where property owners are responsible for any payments due associated with utility undergrounding. In May 2005, the City Council established guidelines, pursuant to Rule 20B, for residential neighborhoods to follow when residents in an area of the City desire to pursue undergrounding existing overhead utilities (Attachment C). As these guidelines outline the process for establishing an undergrounding assessment district, i t is best to clarify that the City’s guidelines outline the process for potential Rule 20B projects. Although, to date, no residential neighborhoods have petitioned to form an assessment district (as described in the existing guidelines), multiple property owners have contacted the City to express interest in undergrounding within the past year. This includes a group that contacted the City in November 2019, as well as other individuals. As community interest in undergrounding has grown, and staff recognized that the existing guidelines make reference to a state of California postponement program that no longer exists, Staff recognized the need to update the guidelines. Summary of Updated Guidelines 2 Staff has researched guidelines of other southern California cities, including Manhattan Beach, Palos Verdes Estates, Rolling Hills, Laguna Beach and Hermosa Beach and updated the City’s guidelines to provide a clearer understanding of the process and to create forms to help facilitate the process (Attachment A). It is important to note that the document proposed for approval are guidelines, not absolute regulations. The updated guidelines now also include a step-by-step flow chart. The updated guidelines requires letters of support for a petition for the City to advance funds for engineering be accompanied by checks of $500, compared to the $100 requirement, which was established 15 years ago. This will help demonstrate a true financial commitment to the project and establish a better financial “seed” for hiring a n engineering firm to manage the undergrounding project. A neighborhood meeting with a specified threshold of support (i.e. 50% or 66%) does not guarantee support or approval by the City Council. Each request must be considered by the City Council at a public meeting, where anyone can express their concerns, support for, objection to, or ask questions prior to the City Council voting on proposed action. Under both the existing and proposed guidelines, it is likely that one or more property owners may object to a proposed undergrounding project in their neighborhood. The proposed guidelines are intended to more clearly address that potential, by creating forms for Letters of Support as well as Letters of Opposition / Explanation of Non- Support so that all viewpoints can be carefully considered by the City Council prior to making any decisions. The guildines also encourage neighborhood petitions to address how a proposed assessment district will address impacted property owners who have expressed a financial concern over the project. Furthermore, the guidelines state that a meeting will be scheduled for the neighborhood to discuss the proposed allocation of financial responsibility for the project prior to the City Council’s consideration of a petition to establish an assessment district. Public Comments This agenda item was originally scheduled to be considered by the City Council at its October 20 meeting, but was continued to tonight’s meeting to allow additional time to review the City Attorney’s edits (Attachment B), as well as public comments (Attachment F). According to the public correspondence received, it suggests that if an undergrounding project involves just two owners, that “at least 50% support” would allow one neighbor to “push it ahead” despite the objection of the other. This scenario would likely be regulated by Rule 20C, not 20B whereby an undergrounding district is being sought after by multiple property owners. The correspondence received also expresses concern over how costs will be allocated based on benefit. The guidelines are not specific in this area, as an independent 3 Assessment Engineer will make a recommendation in a report that will be presented to the City Council at a public meeting. The proposed guidelines are not intended to direct the Assessment Engineer how a wide variety of benefits are to be determined, but rather allow the City Council to accept or reject the report after being presented with the report and hearing from the neighborhood and members of the public. The public comment further expresses concern about how common areas of a Homeowner Association (HOA) might be represented (or counted) when abutting a project. In this hypothetical question, if an assessment district is being formed that abuts an HOA’s common open space lot and is not part of the undergrounding assessment district, the HOA would not be part of the neighborhood petition. This is because they are not part of the desired assessment district. However, that doesn’t mean they cannot express their viewpoints and concerns during the public hearing process. As for how the HOA is represented, as one voice or multiple, that is up to the HOA’s board and affected property owners. Again, any property owner may express its concerns at a public hearing on the formation of an assessment district. Although viewpoints and concerns are to be considered and not simply dismissed, the assessment district process to underground utilities is not intended to allow the objections of one or a few individuals to prevent an undergrounding project that is widely supported. Lastly, there are no existing requests to form an assessment district to underground utilities that would be impacted by the proposed updates to the guidelines. ADDITIONAL INFORMATION: California Public Utilities Commission’s Potential Updates to Rule 20 It should be noted that the CPUC is in the process of revising Rule 20, and is considering a staff proposal to eliminate Rule 20A and 20D entirely and replace them with a modified Rule 20B program or a new grant program. In April 2020, the City submitted comments on the proposed overhaul of the Rule 20 program (Attachment E), urging the CPUC against sunsetting the Rule 20A program and eliminating work credit trading, and advocating for the inclusion of fire threat mitigation as a proposed eligible criterion for Rule 20 funding. Staff continues to monitor the rulemaking process and will update the City Council and the public on any future changes to the Rule 20 program. In the event that Rule 20 is revised, Staff will review the changes and propose appropriate changes to the City’s guidelines. However, as it is unclear if or when changes will be made to Rule 20, Staff believes it is prudent to update the City’s guidelines at this time to clarify the necessary steps for residents to take to begin the process of undergrounding in their neighborhoods. City Council Goals It is also worth noting that undergrounding of overhead utilities supports the City Council goals. Goal No. 17 reads: “In coordination with SCE, develop a Utility Resilient Master 4 Plan to harden above-ground utility lines including a tentative timeline to potentially underground utilities.” Although this item does not directly address that stated goal in terms of a tentative timeline, the City Council has clearly identified the desire to underground of utilities, and updating the guidelines for residential neighborhoods helps neighborhoods with their pusuit in that same desire. ALTERNATIVE: In addition to the Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Identify suggested changed to the guidelines for consideration at a future City Council meeting. 2. Take other action, as deemed appropriate by the City Council. 5 01203.0006/675607.2 A-1 01203.0006/675607.2 Table of Contents Item Page No. Introduction ....................................................................................................................................1 Procedures Phase 1: Building Neighborhood Consensus .............................................................................4 Phase 2: Project Design and Cost Estimate ...............................................................................6 Phase 3: District Formation – Engineer’s Report and Assessment Calculations.......................8 Phase 4: Assessment District and Bond Sale ...........................................................................10 Phase 5: Voting and Public Hearing to Establish and Assessment District .............................11 Phase 6: Construction of Underground Utility Improvements ................................................13 Frequently Asked Questions .......................................................................................................15 Exhibits Letter of Intent ............................................................................................................. Exhibit A Petition (for the City to advance funding for engineering services) ............................ Exhibit B Letter of Support (for the City to advance funds for engineering services) ................ Exhibit C Explanation of Non-Support or Opposition ................................................................. Exhibit D Petition (for the City to form an Assessment District) ................................................ Exhibit E Letter of Support (for the City to form an Assessment District) ..................................Exhibit F Explanation of Non-Support or Opposition ................................................................. Exhibit G (Draft) Notice of Assessment....................................................................................... Exhibit H Ballot (for formation of an Assessment District) .......................................................... Exhibit I (Final) Notice of Assessment and Invoice .................................................................... Exhibit J Consent for Construction of Home Service Connection.............................................. Exhibit K A-2 01203.0006/675607.2 Introduction The purpose of these guidelines is to provide residents who are interested in undergrounding overhead utility lines (power lines, telephone wires, television/internet cables and associated poles and infrastructure) in their neighborhood with the necessary information, which is commonly referred to as “undergrounding.” Undergrounding is regulated by the California Public Utilities Commission (CPUC) under Electric Tariff Rule 20, which allows cities and counties to identify areas for undergrounding projects. Depending on the project characteristics and eligibility under pre-established criteria, a utility may fund some, all, or none of the costs of an overhead conversion. Rule 20 provides three levels, A, B, and C, of progressively diminishing ratepayer funding for the projects (and a sub-program D which is specific to undergrounding in San Diego Gas &Electric’s Fire Threat District). For the Rule 20 program, cities identify overhead lines that they wish to underground, and in consultation with their investor-owned utility determine if the conversion project qualifies for any of the Rule 20 A, B, C or D programs. For more information on the CPUC, and Tariff Rule 20, please visit www.cpuc.ca.gov, Although few projects gather as much initial public support as undergrounding projects, when the costs and complexity are better understood, support wains significantly. Although limited Rule 20 funding is available to the City for undergrounding projects along major arterial roadways, such funding is NOT available for these projects in residential neighborhoods. Therefore, the cost of such projects is the full financial responsibility of the affected property owners. Undergrounding often positively addresses a number of neighborhood concerns, including: ▪ Unsightly above-ground utilities ▪ View obstructions ▪ Individual concerns regarding health and safety However, the process of undergrounding in residential neighborhoods is costly and complex, and presents a number of challenges and concerns, such as: ▪ Scale and scope of an undergrounding project ▪ Sharing costs amongst the affected property owners ▪ Rights and responsibilities of affected property owners, including those who support or do not support undergrounding ▪ Financing options including payment plans ▪ Utility connection between the new underground lines and the structures, including associated costs and the physical impacts on landscaping and the connections to homes ▪ Potential financial hardship on one or more affected property owners ▪ Impacts to roadways, sidewalks and other infrastructure in the public right-of-way Once an individual, small group, or neighborhood endeavors to underground utilities in their neighborhood, they may either fund the process themselves utilizing Rule 20C, or seek to establish an assessment district through Rule 20B. A-3 01203.0006/675607.2 The process described in these guidelines is based upon the best information available to the City at the time, and is intended to be a step-by-step approach for residential neighborhoods considering to pursue forming an assessment district through Rule 20B. In forming an assessment district, at least 50% of property owners within the proposed district must be in support a the formation of the proposed district in order for the City to consider forming the assessment district. However, even in a case where 50% of the property owners support formation, the City Council has the final decision on whether the assessment district is formed. In brief, ▪ At this time, the best estimates available to the City for undergrounding at the planning stage is approximately $50,000 per property, although the final cost will vary. ▪ Costs to underground are borne by individual property owners. The Assessment District funds the project through the sale of bonds and the imposition of a semi-annual property tax assessment to pay off the bonds. ▪ Property Owners must also consider the cost to connect the underground utilities to their home. This cost is not covered by the Assessment District. A-4 01203.0006/675607.2 A-5 01203.0006/675607.2 Phase 1: Neighborhood Interest and Organization Step 1: Determine the Level of Interest within your Neighborhood Speak with your neighbors and discuss the contents of this Guideline brochure. Most property owners and individuals are likely to be in favor of relocating overhead utilities (power lines, telephone and cable television) underground, but may be reluctant or unwilling to pay for such relocation. Although interested neighbors can propose the boundaries of the district area for undergrounding based on neighborhood support for the project, the district must also be feasible to the affected utility companies and will likely be based on the layout of the affected portion of the utilities infrastructure. Step 2: Form a Neighborhood Committee and/or Select a Neighborhood Representative Interested neighbors should form a committee to represent the neighborhood and appoint a representative to serve as the primary point of communication with City staff, representatives of the applicable utilities (e.g., Cox Communications, Verizon, AT&T, etc.) The committee can be formed by a Homeowner’s Association (HOA) Board of Directors or any group of property owners interested in undergrounding. If the proposed district is governed by (or partially governed by) a HOA, a letter of support from the HOA’s Board of Directors is required. Step 3: Provide City with Letter of Interest The neighborhood committee and/or neighborhood representative submits a Letter of Interest to the City (See Exhibit A as a sample letter). This letter is addressed to the City Council and delivered to the Public Works Department. The purpose of the letter is to notify the City of the neighborhood’s interest and intention to form an undergrounding assessment district. The letter should identify the area contemplated for undergrounding (a map depicting the area should be attached to the letter) and indicate to what degree the neighborhood has discussed undergrounding. The letter should also give the name and contact information of the neighborhood representative. A-6 01203.0006/675607.2 Step 4: City will Host a Community Meeting Upon receipt of a Letter of Interest, which indicates significant outreach and a significant level of support amongst property owners in the proposed district area, City staff will begin the process of scheduling a community meeting to discuss the details of the proposed project and the potential impacts on the properties, property owners, and occupants. As part of that process, the receipt of the Letter of Interest will be reported in the City Manager’s Weekly Administrative Report. The Community Meeting will be scheduled so that representatives from the following are in attendance: ▪ City Manager (or a designee) ▪ Public Works Staff ▪ Neighborhood representative and neighborhood committee members ▪ Representatives of impacted utility companies, such as: ▪ Southern California Edison ▪ Cox Communications ▪ Verizon ▪ AT&T Notice of the community meeting will be sent to all property owners within the proposed district area at least 15 days in advance of the meeting. A-7 01203.0006/675607.2 Phase 2: Petition the City to Advance Funding for Engineering Step 5: Petition and Letters of Support / Explanations for Examples of Lack of Support After a Community Meeting is held, the neighborhood committee and/or neighborhood representative may petition for the City to advance funding for engineering for the project. (See Exhibit B for the form to be used) The neighborhood committee and/or neighborhood representative are to reach out to all of the owners of properties in the proposed district area, and obtain one of the following for each property: ▪ Letter of Support, signed by the property owner, accompanied by a check for $500 for each property, made payable to the City of Rancho Palos Verdes (See Exhibit C for the form to be used), or ▪ Letter of Opposition explaining why the property owner(s) oppose(s) the project or does not support it (See Exhibit D for the form to be used.) A signature is not required. Checks accompanying Letters of Support will be deposited by the City into a Trust Deposit account and held until expenses begin to be incurred for engineering services to design the project. Deposits will be refundable up until a purchase order is opened by the City for engineering services. Refunds will not be subject to interest accrued in the Trust Deposit, nor potential lost interest by the property owner. It is unlikely that support for the undergrounding project will be unanimous, even if only due to individual financial reasons. Thus, when the owner of a property does not support the proposed project, the neighborhood representative and/or neighborhood committee member must document the reason for the opposition or lack of support on the Letter of Opposition form. (See Exhibit D) Step 6: City Staff Verification Upon receipt of the Petition and supporting documents, City staff will verify that at least one Letter of Support or Letter of Opposition have been submitted for each property within the proposed district area. Staff will also verify that the name on the petitions match the current assessment rolls. Upon verification, the proposed project will be scheduled for consideration by the City Council at one of its regularly scheduled meetings. A-8 01203.0006/675607.2 Step 7: City Council Consideration As a Regular Business Agenda item, the City Council will consider the following actions in response to the neighborhood’s petition: • Support the neighborhood’s efforts to create an assessment district in their neighborhood; • Assume the role of lead agency for the project, or defer to one of the utility companies (such as Southern California Edison); • Advance funding for engineering services to prepare plans and specifications for the project (Staff will only recommend to the City Council that the City advance such funding if the Petition is accompanied by Letters of Support from at least two-thirds of property owners within the proposed project area); • Alternatively, elect not to support the neighborhood’s efforts; and • Take any other action deemed appropriate by the City Council. When considering the neighborhood’s petition, including whether or not to advance funds for a particular project, the City Council will consider many factors, including but not limited to the following: • Project costs; • Availability of funding; • Level of neighborhood support; and • How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project. Step 8: Funding of Engineering Costs In the event that the City Council elects to advance funding for engineering, the Finance Department will help determine the appropriate means and methods necessary for providing necessary funds. This may require the issuing of bonds on proposed benefitting properties to ensure such funds are reimbursed to the City, regardless of whether the undergrounding project is completed or not. A-9 01203.0006/675607.2 Phase 3: Engineering and Apportionment of Project Costs Step 9: Selection of Engineering Firm Like all other public projects impacting infrastructure facilities in the public right-of- way, Plans, Specifications, and an Engineering Estimate of Construction Costs must be prepared prior to obtaining public bids from potential contractors. If the City Council elects to serve as the lead agency on the project, the City Council will award a contract to an engineering firm to prepare the needed documents for the project. If the City Council elects to defer to one of the utility companies as the lead agency for the project, that utility company will assume the responsibility for hiring an engineering firm for that purpose, or choose to prepare the documents using internal staff. All costs for the preparation of the documents shall be the financial responsibility of the owners of the properties in the proposed assessment district, or as proposed in the petition to address potential financial hardships of individual property owners. Step 10: Preparing Plans, Specifications and an Engineering Estimate of Construction Costs w It is important to note that the Engineering Estimate of Construction Costs will be an estimate of the total construction cost for undergrounding the overhead utility facilities in the public right-of-way areas only, and will not include the cost for individual properties to connect to relocated facilities, nor define costs on a property-by-property basis. Step 11: Proposed Apportionment of Project Costs Once Plans, Specifications, and the Engineering Estimate of Construction Costs have been prepared, the Engineer will assess each property’s benefit from the project and prepare a report that includes: ▪ A map of the project area ▪ The methodology used to determine the benefits to each property from the project ▪ A recommended property-by-property apportioned cost of the project The report will be provided to the neighborhood committee and/or neighborhood representative to share with all of the impacted property owners, and a meeting will be scheduled for the neighborhood to discuss the allocation of financial responsibility. A-10 01203.0006/675607.2 Step 12: Neighborhood Meeting A neighborhood meeting will be scheduled to discuss the proposed apportionment of project costs and either agree with the proposed apportionment or propose an alternative distribution. The meeting will be scheduled so that representatives from the following are in attendance: ▪ City Manager (or a designee) ▪ Public Works Staff ▪ All owners of properties in the proposed Assessment District ▪ Representatives from impacted utility companies, such as: ▪ Southern California Edison ▪ Cox Communications ▪ Verizon ▪ AT&T Notice of the community meeting will be sent to all property owners within the proposed district area at least 15 days in advance of the meeting. A-11 01203.0006/675607.2 Phase 4: Petition to Establish an Assessment District Step 13: Petition to Establish an Assessment District After the Neighborhood Meeting is held, the neighborhood committee and/or neighborhood representative must submit a Petition to Establish an Assessment District (See Exhibit E for the form to be used) to the City, accompanied by the following: ▪ Letters of Support (and accompanying fees) for each property for which the owner(s) are in support of the project ▪ Letters of Opposition for each property for which the owner does not supportthe project ▪ A proposal to address the financial share of property owners for which the project would pose a financial hardship (A possible proposal would be for the neighborhood to agree to collectively share the financial responsibility of property owners for which the project would present a financial hardship) Step 14: Council Meeting to Consider a Resolution of Intent to Form an Assessment District As a Regular Business Agenda item, the City Council will consider the Engineer’s report (see Step 11). If the report is accepted, the City Council will adopt a Resolution of Intent, which sets a Public Hearing date (at least 45 days following the adoption of the Resolution of Intent), at which time the City Council will hear testimony and decide whether or not to form an Assessment District. A-12 01203.0006/675607.2 Phase 5: Voting and Public Hearing to Establish an Assessment District Step 15: Notice of Assessment and Ballots Mailed The City Council can only form an Assessment District if a simple majority of the assessed property ownership (weighted by assessment amounts) agree to the assessment. To determine if this State-mandated majority is met, ballots and Notices of Assessment are mailed 45 days prior to the Public Hearing. The results of the ballot election are tabulated at the Public Hearing. If a simple majority of assessed properties (weighted by assessment amounts) does NOT support the formation of the proposed assessment district, then the assessment district will not be formed. In such an event, the project will not move forward and property owners will be required to reimburse the City for the Engineering costs incurred, in accordance with the neighborhood’s petition to advance funding. Step 16: City Council conducts a Public Hearing A Public Hearing is conducted by the City Council to review ballot results and to receive comments or protests from the property owners. If a simple majority of the weighted assessment value property owners vote in favor of the project, the City Council may adopt the resolution forming the Assessment District. The term “weighted assessment value” means that the vote of a property owner with a $20,000 assessment counts twice as much as the property owner with a $10,000 assessment. The City Council has the discretion to refuse to form an Assessment District, notwithstanding successful vote in support. The ballot result is not the only factor that will be considered by the City Council. Other factors that may be considered by the City Council include: ▪ How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project ▪ Level of neighborhood support ▪ City benefit from the project Step 17: Notice of Assessment If the Assessment District is formed, a Notice of Assessment and Financing Options will be mailed to each affected property owner. A property owner may pay the assessment within the 30-day cash collection period and receive a discount for bond financing costs. Property owners not paying within the 30-day period will have an A-13 01203.0006/675607.2 assessment placed against their property in accordance with the Engineer’s Report and will pay off the assessment in semi-annual payments with their property tax bills. A-14 01203.0006/675607.2 Phase 6: Construction of Underground Utility Improvements Step 18: Construction The applicable electrical utility must complete the portions of the work related to placing their facilities within conduits, however, much of the work may be advertised for competitive bids. The City will either enter into a contract with the applicable electrical utility to construct the improvements or advertise a contract for the construction. If the latter approach is utilized, bids will be sought in accordance with the City’s public project policies and procedures. When all properties are connected to the underground system, the utilities will convert to the underground system and utility wires and poles are removed. A-15 01203.0006/675607.2 A-16 01203.0006/675607.2 1. What are the typical costs? The cost of undergrounding overhead utilities lines varies greatly from project to project; however, it is estimated to cost $50,000 per property. However, the cost can also vary significantly from property to property. This amount is typically paid through an assessment. In addition to the construction within the street, the service connection to the individual homes must also be reconstructed. Under State law, the cost for these private connections is the responsibility of property owner. However, the law also provides that property owner can fill out a consent form requesting the City construct the connection to the individual home as well and in such cases, the cost is included in the assessment and paid by the property owner over time. The cost to reconstruct individual service connections will vary greatly depending upon distance from the street to the connection point, as well as the type improvements that are impacted by the construction. An estimate for a 40-foot connection in lawn, or standard concrete or asphalt is $5,000. 2. Will everyone pay the same amount? Generally, no. The assessment process will determine the amount paid by various property owners and will vary depending on the benefit the property receives from the project. For example, properties with views greatly improved by the project will pay a higher assessment than a property with little or no improvement to view. 3. How is the area of the Assessment district determined? The area of the assessment district is determined by the neighborhood, in conjunction with the applicable electrical utility, to make sure the district boundaries works well with the electrical grid. 4. Will all the wires and poles be removed? The undergrounding project will generally remove all wires and poles. There are some exceptions. Poles that support streetlights will not be removed. In addition, poles that support cellular (wireless) communications may only be removed if an alternate location can be found. 5. How long should the process take? The length of the process will vary greatly from project to project, depending on size, complexity, and availability of City funding and neighborhood support. It will take approximately 12 months to design the improvements and six months to form the Assessment District. A good estimate of time for the entire process is 3 to 4 years. A-17 01203.0006/675607.2 6. Why can’t the City pay for undergrounding utilities? Although the City is supportive of neighborhood undergrounding projects, adequate funding is not available. The undergrounding program requires the City to advance the cost of engineering services to design the plans and to prepare the Engineer’s Report of Assessments. These costs, however, will be added to the cost of construction and included in assessments to be paid by the property owners within the assessment district. 7. Does the City receive funding for undergrounding from Southern California Edison? Yes, the City is allocated a certain amount of “work credits” annually for undergrounding, however, these credits must be accumulated over many years to funds undergrounding projects, and those projects may only be utilized for projects which benefit a large number of citizens, such as arterial roadways. Rule 20A projects are constructed in areas of communities that are used most often by the general public. Because ratepayers contribute the bulk of the costs of Rule 20A programs through utility rates, the projects must be in the public interest by meeting one or more of the following public interest criteria: ▪ Eliminate an unusually heavy concentration of overhead lines; ▪ Involve a street or road with a high volume of public traffic ▪ Benefit a civic or recreation area or area of unusual scenic interest; ▪ Be listed as an arterial street or major collector as defined in the Governor’s Office of Planning and Research Guidelines 8. Why can’t Southern California Edison pay for utility undergrounding? Unfortunately, undergrounding is expensive and there is no legal requirement for Southern California Edison to underground their facilities. 9. What equipment will still be visible above ground? Will I get a chance to review proposed equipment locations before they are finalized? Transformers will be located in sub-surface vaults covered by typical manhole covers. Telephone systems also require above ground terminals. In addition, many underground facilities will require air vents, which will be visible from the street. 10. What is an assessment district? An assessment district is a financing tool used to fund the cost of a construction project over a period of time. With an assessment district, costs are apportioned to each parcel within the project boundary based upon the value of the special benefit conferred on that parcel. The amount each parcel pays is determined in the Engineer’s Report of Assessment. A-18 01203.0006/675607.2 11. How will I pay for the assessment? Assessments can be paid one of two ways, either the amount of the assessment can be paid in cash or it can be financed in, which case it will be paid over a time period typically 20 years as part of the property tax bill. Property owners wishing to pay the entire amount up front will save the cost of interest. 12. What is the term of bond financing? Bonds are usually financed over 15 to 20 year terms. 13. Can assessments be deferred for hardship cases? Individuals should consult with a tax advisor to determine if they qualify for the State of California Property Tax Postponement Program. If qualified, the utility undergrounding assessment may be deferred until the property is sold or the estate is settled. Information regarding the State of California Property Tax Postponement Program can be found at the California State Controller’s Office website: A-19 01203.0006/675607.2 Phase 1 •Determine neighbor interest •Form a committee and select representative •Provide City with Letter of Intent •City will host a Community Meeting with neighborhood representative(s) and Utility Company representatives Phase 2 •Petition (and accompanying Letters of Support) the City to advance funding for Engineering •City staff verification •City Council consideration •(potential) Funding of Engineering costs Phase 3 •Selection of Engineering firm •Preparing Plans, Specifications and an Engineering Estimate of Construction Costs •Proposed apportionment of project costs •Neighborhood Meeting to discuss Engineering and apportionment of costs Phase 4 •Petition to establish an Assessment District (and accompanying Letters of Support) •City Council consideration of a Resolution of Intent to form an Assessment District and set a Public Hearing date Phase 5 •Voting •City Council conducts a Public Hearing to consider the formation of an Assessment District •Notices of Assessment (identifying financing options) Phase 6 •Construction A-20 01203.0006/675607.2 A-21 01203.0006/675607.2 A-22 Letter of Interest to underground utilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, as owner(s) of property(ies) within the _______________________________ neighborhood (depicted on the attached map) of the City of Rancho Palos Verdes (“City”) with existing overhead electrical and communication utility lines and poles, wish to pursue a project to have those utilities relocated underground in my/our neighborhood. As such, I/we have reviewed the latest version of the City’s “Guidelines to Underground Utilities in Residential Neighborhoods and discussed its contents with owners of _[#]_ of the _[#]_ properties in the proposed area of the project. Of the owners that I/we have spoken to, _[#]_ have expressed their willingness to support a project for undergrounding the overhead utility facilities, including indicating that they are willing to bear their fair portion of the financial responsibility for associated project costs. Therefore, I/we hereby request that the City schedule a meeting with owners of properties from the area depicted on the attached map and representatives of the City and companies owning overhead utility facilities in our neighborhood. Respectfully, (signature) (signature) (full name, printed) (full name, printed) Owner of the property at: Owner of the property at: (only address number and street name are needed) (only address number and street name are needed) (signature) (signature) (full name, printed) (full name, printed) Owner of the property at: Owner of the property at: (only address number and street name are needed) (only address number and street name are needed) A-23 01203.0006/675607.2 A-24 Petition of the City of Rancho Palos Verdes to Advance Funding for Engineering Services for a Proposed Undergrounding Project 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 To: Honorable Mayor and members of the Rancho Palos Verdes City Council I/We, being owners of property within an area of the City that we wish to pursue residential utility undergrounding, hereby request the City Council advance funding for engineering services to: ▪ determine the full scope of the proposed undergrounding; ▪ develop plans, specifications, and an engineering estimate of construction costs ▪ Assess each property’s benefit from the project ▪ Prepare a report that includes: ▪ A map of the project area ▪ The methodology used to determine the benefits to each property from the project ▪ A recommended property-by-property apportioned cost of the project In support of this petition, Letters of Support from the owner(s) of each property that supports this petition is attached, and an accompanying check for $500 has been provided to the City as a down payment and sign of our financial commitment to this effort. We understand: A. That the cost of the improvements will be assessed to the land which benefits from the improvements including our land; B. 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 benefited parcels of land, and that a public hearing will be conducted on the report; C. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; D. The initial estimated cost of improvements for each property $50,000; E. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; F. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. A-25 Petition of the City of Rancho Palos Verdes to Advance Funding for Engineering Services for a Proposed Undergrounding Project 01203.0006/675607.2 This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. The petition may be filed in counterpart or may be joined with other petitions for similar work. A-26 01203.0006/675607.2 A-27 Letter of Support of the ____________________ Neighborhood’s Petition to Underground Utilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________________________________ hereby support my neighborhood’s efforts to underground utilities within the City of Rancho Palos Verdes, and the Petition for the City to advance funds for engineering services to develop plans, specifications and an engineering estimate of construction cost for the project. In signing this Letter of Support, I/we attest to having read the City’s Guidelines to Undergrounding Utilities in Residential Neighborhoods, and understand that: 1. The apportioned share, as determined by the City Council, of the project costs will be assessed to the land which benefits from the improvements, including my/our land, unless that share is paid at the conclusion of the project; 2. The apportioned share for my property must be paid, even if the project is not completed and the undergrounding of utilities is not performed (i.e. there is insufficient support for construction of the project after engineering work has begun); 3. A Public Hearing will be conducted by the City Council to establish an Assessment District after engineering services work is completed; 4. The costs of engineering, legal and other incidental expenses will be included in the project cost; 5. The estimated cost of improvements to be financed from the Assessment District for each parcel is $40,000 – 60,000; 6. Each property owner may pay their assessment in cash without interest, or in installments with interest over a period of 15 – 20 years; and 7. The parcel’s private property service connection costs associated with the project are the financial responsibility of the owners of the properties directly benefitting from the project, not the City’s, and that an appropriate allocation of the costs will be determined including me/us, and that payment of my/our apportioned share of the project costs will either be paid at the conclusion of the project or be assessed to the property and paid semi- annually with the property taxes. The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentions proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: A. 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 benefited parcels of land, and that a public hearing will be conducted on the report; A-28 Letter of Support of the ____________________ Neighborhood’s Petition to Underground Utilities within the City of Rancho Palos Verdes 01203.0006/675607.2 B. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; C. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. Respectfully, (signature) (signature) (full name, printed) (full name, printed) (email address) (email address) (home phone number) (home phone number) (cell/mobile phone number) (cell/mobile phone number) A-29 01203.0006/675607.2 A-30 Letter of Non-Support to Underground Utilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ DO NOT SUPPORT the efforts to underground utilities within my neighborhood in the City of Rancho Palos Verdes for the following reasons: (check all that apply) ☐ Personal expenses would be a financial burden ☐ Do not wish to incur personal expenses related to the project ☐ Do not believe that property owners should pay for the project ☐ The overhead utilities do not bother me and/or I like them ☐ Do not want to disrupt landscape and/or hardscape on my property to underground utility connections to my home that are currently overhead ☐ Other (please specify) ☐ Do not wish to specify Property Owner(s) (please print name) Property Owner Signature(s) Property Address Mailing Address (if different from the Property Address) Alternatively, if the property owner does not wish to complete this form, a representative of the Neighborhood Committee or the Neighborhood Representative can complete the form to document a verbal conversation with the property owner, as long as it is so noted. Committee Representative (please print name) Committee Representative Signature A-31 01203.0006/675607.2 A-32 Petition to the City of Rancho Palos Verdes to form an Assessment District 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council I/We, the undersigned, being owners of property within the area of a proposed assessment district to be established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”), do hereby petition the City Council of the City of Rancho Palos Verdes (the “City”) to forthwith commence and carry through to completion under the provisions of said Act, all proceedings for the formation of an Assessment District as hereinafter described and for the acquisition of the hereinafter mentioned improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The area within the City, which we hereby request the City Council to form as an Assessment District, as hereinabove mentioned, is shown on the map attached hereto as Exhibit A entitled “Map of Proposed Undergounding Assessment District for the ___________ neighborhood.” The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentions proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: G. That the cost of the improvements will be assessed to the land which benefits from the improvements including our land; H. 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 benefited parcels of land, and that a public hearing will be conducted on the report; I. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; J. The estimated cost of improvements to be financed from Assessment District for each parcel is $40,000 - $60,000; K. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; L. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. The petition may be filed in counterpart or may be joined with other petitions for similar work. A-33 01203.0006/675607.2 A-34 Letter of Support of the ____________________ Neighborhood’s Petition to form an Assessment District 01203.0006/675607.2 Petition of Interest to underground utilities within the City of Rancho Palos Verdes To: Honorable Mayor and members of the Rancho Palos Verdes City Council I/We, the undersigned, being owners of property within the area of a proposed assessment district to be established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”), do hereby petition the City Council of the City of Rancho Palos Verdes (the “City”) to forthwith commence and carry through to completion under the provisions of said Act, all proceedings for the formation of an Assessment District as hereinafter described and for the acquisition of the hereinafter mentioned improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The area within the City, which we hereby request the City Council to form as an Assessment District, as hereinabove mentioned, is shown on the map attached hereto as Exhibit A entitled “Map of Proposed Undergounding Assessment District for the ___________ neighborhood.” The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentions proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: A. That the cost of the improvements will be assessed to the land which benefits from the improvements including our land; B. 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 benefited parcels of land, and that a public hearing will be conducted on the report; C. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; D. The estimated cost of improvements to be financed from Assessment District for each parcel is $40,000 - $60,000; E. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; F. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. A-35 Letter of Support of the ____________________ Neighborhood’s Petition to form an Assessment District 01203.0006/675607.2 This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. The petition may be filed in counterpart or may be joined with other petitions for similar work. Property Information Property Address Mailing Address (if different from the Property Address) Assessor Parcel Number (APN): Property Owner(s) (please print name) Property Owner Signature(s) A-36 01203.0006/675607.2 A-37 Explanation of Non-Support to Underground Utilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ DO NOT SUPPORT the efforts to underground utilities within my neighborhood in the City of Rancho Palos Verdes for the following reasons: (check all that apply) ☐ Personal expenses would be a financial burden ☐ Do not wish to incur personal expenses related to the project ☐ Do not believe that property owners should pay for the project ☐ The overhead utilities do not bother me and/or I like them ☐ Do not want to disrupt landscape and/or hardscape on my property to underground utility connections to my home that are currently overhead ☐ Other (please specify) ☐ Do not wish to specify Property Owner(s) (please print name) Property Owner Signature(s) Property Address Mailing Address (if different from the Property Address) Alternatively, if the property owner does not wish to complete this form, a representative of the Neighborhood Committee or the Neighborhood Representative can complete the form to document a verbal conversation with the property owner, as long as it is so noted. Committee Representative (please print name) Committee Representative Signature A-38 01203.0006/675607.2 A-39 01203.0006/675607.2 To: [Property Owner] [Mailing Address] [City], [State] [Zip Code] Re: Assessment of liability to the property at __________________ (Assessor Parcel Number (APN): _______________) To the owners of the above referenced property, An assessment is being levied against the above referenced property as part of the Assessment District established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”) on ____ f or improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The liability assigned to the above referenced property is $ .00, and is your financial responsibility. If you have any questions regarding this assessment, please contact: City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 A-40 01203.0006/675607.2 A-41 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ have received a Draft Notice of Assessment for my/our property and ☐ Support / Vote FOR ☐ Opposed / Vote AGAINST The formation of an Assessment District (as described and defined in the City’s Guidelines to Underground Utilities in Residential Neighborhoods) Please provide comments to explain your vote, if you wish. (Not required) Property Owner(s) (please print name) Property Owner Signature(s) Property Address Mailing Address (if different from the Property Address) A-42 01203.0006/675607.2 A-43 01203.0006/675607.2 To: [Property Owner] [Mailing Address] [City], [State] [Zip Code] Re: Assessment of liability to the property at __________________ (Assessor Parcel Number (APN): _______________) To the owners of the above referenced property, An assessment is being levied against the above referenced property as part of the Assessment District established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”) on ____ for improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The liability assigned to the above referenced property is $ .00, and is your financial responsibility. If you have any questions regarding this assessment, please contact: City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 A-44 01203.0006/675607.2 A-45 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ hereby acknowledge that a new service connection to our home will be necessary when overhead utilities are relocated underground in our neighborhood, and that costs associated with establishing this new connection is my/our financial responsibility. I/We hereby request that the City of Rancho Palos Verdes, Southern California Edison and/or third party contractors hired, construct the necessary service connections as part of the undergrounding project. I/We acknowledge that such construction may require trenching from the street to the main structure of the home, and will likely damage or otherwise disturb existing vegetation. I/We further acknowledge that the connection will be constructed in the most cost effective way possible, and is likely to not be the most aesthetically pleasing manner possible. This includes, but is not limited to replacing decorative vegetation such as flowers and bushes, hardscape such as rock or mulch, or replacement of driveways or sidewalks that are cut for required trenching. Property Information Property Address Mailing Address (if different from the Property Address) Assessor Parcel Number (APN): Property Owner(s) (please print name) Property Owner Signature(s) A-46 01203.0006/675607.2 B-1 01203.0006/675607.2 Table of Contents Item Page No. Introduction ....................................................................................................................................1 Procedures First PhasePhase 1: Building Neighborhood Consensus ...........................................................4 Second PhasePhase 2: Project Design and Cost Estimate .........................................................6 Third PhasePhase 3: District Formation – Engineer’s Report and Assessment Calculations ...8 Fourth PhasePhase 4: Assessment District and Bond Sale ......................................................10 Fifth PhasePhase 5: Construction of Underground Utility Improvements ..............................11 Frequently Asked Questions .......................................................................................................12 Exhibits Letter of Intent ............................................................................................................. Exhibit A Petition (for the City to advance funding for engineering services) ............................ Exhibit B Letter of Support (for the City to advance funds for engineering services) ................ Exhibit C Explanation of Non-Support or Opposition ................................................................. Exhibit D Petition (for the City to form an Assessment District) ................................................ Exhibit E Letter of Support (for the City to form an Assessment District) ..................................Exhibit F Explanation of Non-Support or Opposition ................................................................. Exhibit G (Draft) Notice of Assessment....................................................................................... Exhibit H Ballot (for formation of an Assessment District) .......................................................... Exhibit I (Final) Notice of Assessment and Invoice .................................................................... Exhibit J Consent for Construction of Home Service Connection.............................................. Exhibit K B-2 01203.0006/675607.2 Introduction These purpose of these guidelines were created by the Cityis to provide residents who are interested in undergrounding overhead utility lines (power lines, telephone wires, television/internet cables and associated poles and infrastructure) in their neighborhood with the necessary information, which is commonly referred to as “undergrounding.” Undergrounding is regulated by the California Public Utilities Commission (CPUC) under Electric Tariff Rule 20, which allows cities and counties to identify areas for undergrounding projects. Depending on the project characteristics and eligibility under pre-established criteria, a utility may fund some, all, or none of the costs of an overhead conversion. Rule 20 provides three levels, A, B, and C, of progressively diminishing ratepayer funding for the projects (and a sub-program D which is specific to undergrounding in San Diego Gas &Electric’s Fire Threat District). For the Rule 20 program, cities identify overhead lines that they wish to convert to underground, and in consultation with their investor- owned utility determine if the conversion project qualifies for any of the Rule 20 A, B, C or D programs. For more information on the CPUC, and Tariff Rule 20, please visit www.cpuc.ca.gov, Although few projects gather as much initial public support as undergrounding projects, when the costs and complexity areis better understood, support wains significantly. Although limited Rule 20 funding is available to the City for undergrounding projects along major arterial roadways, such funding is NOT available for these projects in residential neighborhoods. Therefore, the cost of such projects are is the full financial responsibility of the affected property owners. Undergrounding often positively addresses a number of neighborhood concerns, including: ▪ Unsightly above-ground utilities ▪ View obstructions ▪ iIndividual concerns regarding health and safety However, the process of undergrounding in residential neighborhoods is costly and complex, and presents a number of challenges and concerns, such as: ▪ Scale and scope of an undergrounding project ▪ Sharinged costs amongst the affected property owners ▪ Rights and responsibilities of affected property owners, including those who support or do not support undergrounding ▪ Financing options including payment plans ▪ Utility connection between the new underground lines and the structures, including associated costs and the physical impacts on landscaping and the connections to homes ▪ Potential financial hardship on one or more affected property owners ▪ Impacts to roadways, sidewalks and other infrastructure in the public right-of-way Once an individual, small group, or neighborhood endeavors to underground utilities in their neighborhood, they may either fund the process themselves utilizing Rule 20C, or must seek to establish an undergrounding aAssessment ddDistrict through Rule 20B. B-3 01203.0006/675607.2 The process described in these guidelines are is based upon the best information available to the City at the time, and is intended to be a step-by-step approach for residential neighborhoods considering to pursue undergrounding forming an aAssessment ddDistrict through Rule 20B. In forming an undergrounding aAssessment ddDistrict, there is no set requirement of neighborhood support (i.e. what percentage of property owners need to support the project), but funding of the full project costs must be provided by the neighborhoodat least 50% . Generally, if the petition to underground is supported by at least two-thirds (66%) of property owners within the proposed district must be in support a the formation of the proposed district in order for the City to consider forming the aAssessment dDistrict. However, even in a case where 50% of the property owners support formation, the City Council has the final decision on whether the aAssessment dDistrict is formed. , it will be recommended that the City advance funding. In brief, ▪ At this time, the best estimates available to the City for undergrounding at the planning stage is approximately $50,000 per property, although the final cost will vary. ▪ Costs to underground are borne by individual property owners. Although full payment by property owners at the time of the project is ideal, financing project costs will likely be a necessity for many property owners.The Assessment District funds the project through the sale of bonds and the imposesimposition of ana semi-annual property tax assessment , which is paid biennially with property taxes, to pay off thosethe bonds. ▪ Property Owners must also consider the cost ofto connect the underground utilities to their home. This cost is not consideredcovered by as part of the Assessment District. The most likely sources of available financing would be: - Individually obtained financing (i.e. Home Equity Line of Credit, credit card or personal loan) ▪ City financing assistance (resulting in liens on individual properties, which would be repaid biennially with property taxes) B-4 01203.0006/675607.2 B-5 01203.0006/675607.2 First Phase: Phase 1: Neighborhood Interest and Organization Step 1: Determine the Llevel of iInterest within your nNeighborhood Speak with your neighbors and discuss the contents of this Guideline brochure. MIt is highly likely that most property owners and individuals will are likely to be in favor of relocating overhead utilities (power lines, telephone and cable television) underground, but many may be reluctant or unwilling to pay for such relocation. Although interested neighbors can propose the boundaries of the district area for undergrounding based on neighborhood support for the project, the district must also be feasible to the affected utility companies and will likely be based on the layout of the affected portion of the utilities infrastructure. Step 2: Form a Neighborhood Committee and/or Select a Neighborhood Representative Interested neighbors should form a committee to represent the neighborhood and appoint a lead neighborhood representative to serve as the primary point of communication with City staff, and representatives of Southern California Edison (SCE), and other utilitiesthe applicable utilities (e.g.,i.e. Cox Communications, Verizon, AT&T, etc.) The committee can be formed by a Homeowner’s Association (HOA) Board of Directors or any group of property owners interested in undergrounding. If the proposed district is governed by (or partially governed by) a HOA, a letter of support from the HOA’s Board of Directors is required. Step 3: Provide City with Letter of Interest The neighborhood committee and/or neighborhood representative submits a Letter of Interest to the City (See Exhibit A as a sample letter). This letter is addressed to the City Council and delivered to the Public Works Department. The purpose of the letter is to notify the City of the neighborhood’s interest and intention to form an undergrounding assessment district. The letter should identify the area contemplated for undergrounding (a map depicting the area should be attached to the letter) and indicate to what degree the neighborhood has discussed undergrounding. The letter should also give the name and contact information of the neighborhood representative. B-6 01203.0006/675607.2 Step 4: City will host Host a Community Meeting Upon receipt of a Letter of Interest, which indicates significant outreach and a significant level of support amongst property owners in the proposed district area, City staff will begin the process of scheduling a community meeting to discuss the details of the proposed project and the potential impacts on the properties, property owners, and occupants. As part of that process, the receipt of the Letter of Intent Interest will be reported in the City Manager’s Weekly Administrative Report. The Community mMeeting will be scheduled so that representatives from the following are in attendance: ▪ City Manager (or a designee) ▪ Public Works Staff ▪ Neighborhood representative and neighborhood committee members ▪ Representatives of impacted utility companies, includingsuch as: ▪ Southern California Edison ▪ Cox Communications ▪ Verizon ▪ AT&T Notice of the community meeting will be sent to all property owners within the proposed district area at least 15 days in advance of the meeting. B-7 01203.0006/675607.2 Second Phase: Phase 2: Petition the City to advance Advance funding Funding for Engineering Step 5: Petition and Letters of Support / Explanations for Eexamples of Lack of Support After a Community Meeting is held, the neighborhood committee and/or neighborhood representative may petition for the City to advance funding for engineering for the project. (See Exhibit B for the form to be used) The neighborhood committee and/or neighborhood representative are to reach out to all of the owners of properties in the proposed district area, and obtain one of the following for each property: ▪ Letter of Support, signed by the property owner, that is accompanied by a check for $500 for each property, made payable to the City of Rancho Palos Verdes (See Exhibit C for the form to be used), or ▪ Letter of Opposition, with signatures not required, explaining why the property owner(s) oppose(s) the project or does not support it (See Exhibit D for the form to be used.) A signature is not required. Checks accompanying Letters of Support will be deposited by the City into a Trust Deposit account and held until expenses begin to be incurred for engineering services to design the project. Deposits will be refundable up until a purchase order is opened by the City for engineering services., or until the project is canceled, whichever occurs first. Refunds will not be subject to interest accrued in the Trust Deposit, nor potential lost interest by the property owner(s). It is unlikely that support for the undergrounding project will be unanimous, even if only due to individual financial reasons. Thus, when the owner(s) of a property does not support, or simply opposes, the proposed project, the neighborhood representative and/or neighborhood committee member must document the reason for the opposition or lack of support on the Letter of Opposition form. (See Exhibit D) Step 6: City staff Staff verificationVerification Upon receipt of the Petition and supporting documents, City staff will begin to verify that at least one Letter of Support or Letter of Opposition have been submitted for each property within the proposed district area. Staff will also verify that the name on the petitions match the current assessment rolesrolls. Upon verification, the proposed project will be scheduled for consideration by the City Council at one of its regularly scheduled meetings (typically the first or third Tuesday of each month). B-8 01203.0006/675607.2 Step 7: City Council Cconsideration As a Regular Business Agenda item, the City Council will consider the following actions in response to the neighborhood’s petition: • To support Support the neighborhood’s efforts to create an undergroundingassessment district in their neighborhood; • Establish an assessment district for that purpose; • Assume the role of lLead aAgency for the project, or defer to one of the utility companies (such as Southern California Edison); • Advance funding for engineering services to prepare plans and specifications for the project (Staff will only recommend to the City Council that the City advance such funding if the Petition is accompanied by Letters of Support from at least two-thirds (66.6%) of property owners within the proposed project area); • Alternatively, elect to not to support the neighborhood’s efforts; and • Take any other action deemed appropriate by the City Council. When considering the neighborhood’s petition, including whether or not to advance funds for a particular project, the City Council will consider many factors, including but not limited to the following: • Project costs; • Availability of funding; • Level of neighborhood support; and • How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project. Step 8: Funding of Engineering Costs In the event that the City Council elects to advance funding for engineering, the Finance Department will help determine the appropriate means and methods necessary for providing necessary funds. This may require the issuing of bonds and assessment of liens on proposed benefitting properties to ensure such funds are reimbursed to the City, regardless of whetherif the undergrounding project is completed or not. B-9 01203.0006/675607.2 Third Phase: Phase 3: Engineering and Apportionment of Project Costs Step 9: Selection of Engineering Ffirm Like all other public projects impacting infrastructure facilities in the public right-of- way, Plans, Specifications, and an Engineering Estimate of Construction Costs must be prepared prior to obtaining public bids from potential contractors. If the City Council elects to serve as the lead agency on the project, the City Council will award a contract to an engineering firm to prepare the needed documents for the project. If the City Council elects to defer to one of the utility companies (i.e. Southern California Edison) as the lead agency for the project, that utility company will assume the responsibility for hiring an engineering firm for that purpose, or choose to prepare the documents using internal staff. All costs for the preparation of the documents shall be the financial responsibility of the owners of the properties in the proposed assessment district, or as proposed in the petition to address potential financial hardships of individual property owners. Step 10: Preparing Plans, Specifications and an Engineering Estimate of Construction Costs w It is important to note that the Engineering Estimate of Construction Costs will be an estimate of the total construction cost for undergrounding the overhead utility facilities in the public right-of-way areas only, and will not include the cost for individual properties to connect to relocated facilities, nor define costs on a property-by-property basis. Step 11: Proposed Aapportionment of pProject cCosts Once Pplans, Sspecifications, and the Engineering Estimate of Construction Costs have been prepared, the Engineer will assess each property’s benefit from the project and prepare a report that includes: ▪ A map of the project area ▪ The methodology used to determine the benefits to each property from the project ▪ A recommended property-by-property apportioned cost of the project Theat report will be provided to the neighborhood committee and/or neighborhood representative to share with all of the impacted property owners, and a meeting will be scheduled for the neighborhood to discuss the allocation of financial responsibility. B-10 01203.0006/675607.2 Step 12: Neighborhood Meeting A neighborhood meeting will be scheduled to discuss the recommended distributionproposed apportionment of project costs and either agree with the recommendation proposed apportionment or propose an alternative distribution. The meeting will be scheduled so that representatives from the following are in attendance: ▪ City Manager (or a designee) ▪ Public Works Staff ▪ All owners of properties in the proposed Assessment District ▪ Representatives from impacted utility companies, which may includesuch as: ▪ Southern California Edison ▪ Cox Communications ▪ Verizon ▪ AT&T Notice of the community meeting will be sent to all property owners within the proposed district area at least 15 days in advance of the meeting. B-11 01203.0006/675607.2 Fourth Phase: Phase 4: Petition to Establish an Assessment District Step 13: Petition to eEstablish an Assessment District After the Neighborhood Meeting is held, the neighborhood committee and/or neighborhood representative must submit a Petition to Establish an Assessment District (See Exhibit E for the form to be used) to the City, accompanied by the following: ▪ Letters of Support (and accompanying checksfees) for each property for which the owner(s) are in support of the project ▪ Letters of Opposition for each property for which the owner(s) does not support, or oppose, the project ▪ A proposal to address the financial share of property owners for which the project would pose a financial hardship (A possible proposal would be for the neighborhood to agree to collectively share the financial responsibility of property owners for which the project would present a financial hardship) The neighborhood committee and/or neighborhood representative must submit a Petition to Establish an Assessment District (See Exhibit E for the form to be used) to the City, accompanied by the following: Step 14: Council Meeting to Cconsider a Resolution of Intent to Form an Assessment District As a Regular Business Agenda item, the City Council will consider the Engineer’s report (see Step 11). If the report is accepted, the City Council will adopt a Resolution of Intent, which sets a Public Hearing date (at least 45 days laterfollowing the adoption of the Resolution of Intent), at which time the City Council will hear testimony and decide whether or not to form an Assessment District. B-12 01203.0006/675607.2 Fifth Phase: Phase 5: Voting and Public Hearing to establish Establish an Assessment District Step 15: Notice of Assessment and Ballots Mmailed The City Council can only form an Assessment District if a simple majority of the assessed property ownershipies (weighted by assessment amounts) agree to the assessment. To determine if this Sstate- mandated majority is met, ballots and Notices of Assessment are mailed 45 days prior to the Public Hearing. The results of the ballot election are tabulated at the Public Hearing. If a simple majority of assessed properties (weighted by assessment amounts) does NOT support the formation of the proposed aAssessment dDistrict, then the aAssessment dDistrict will not be formed. In such an event, the project will not move forward and property owners will be required to reimburse the City for the Engineering costs incurred, in accordance with the neighborhood’s petition to advance funding. Step 16: City Council conducts a Public Hearing A Public Hearing is conducted by the City Council to review ballot results and to receive comments or protests from the property owners and the results. If a simple majority of the weighted assessment (The term “weighted assessment” means that the vote of a property owner with a $20,000 assessment counts twice as much as the property owner with a $10,000 assessment) value property owner’s vote in favor of the project, the City Council may adopt the resolution forming the Assessment District. The term “weighted assessment value” means that the vote of a property owner with a $20,000 assessment counts twice as much as the property owner with a $10,000 assessment. The City Council has the discretion to refuse to form an Assessment District, notwithstanding successful vote in support. The ballot result is not the only factor that will be considered by the City Council. Other factors that may be considered by the City Council include: ▪ How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project ▪ Level of neighborhood support ▪ City benefit from the project Step 17: Notice of Assessment If the Assessment District is formed, a Notice of Assessment and Ffinancing Ooptions will be mailed to each affected property owner. A property owner may pay the assessment within the 30-day cash collection period and receive a discount for bond B-13 01203.0006/675607.2 financing costs. Property owners not paying within the 30-day period will have an assessment placed against their property in accordance with the Engineer’s Report and will pay off the assessment in semi-annual payments with their property tax bills. B-14 01203.0006/675607.2 Sixth Phase:Second Phase: Construction of Underground Utility Improvements Step 18: Construction Southern California EdisonThe applicable electrical utility must complete the portions of the work related to placing their facilities within conduits, however, much of the work may be advertised for competitive bids. The City will either enter into a contract with Southern California Edisonthe applicable electrical utility to construct the improvements or advertise a contract for the construction. If the latter approach is utilized, bids will be sought in accordance with the City’s public project policies and procedures. When all properties are connected to the underground system, the utilities will convert to the underground system and utility wires and poles are removed. B-15 01203.0006/675607.2 B-16 01203.0006/675607.2 1. What are the typical costs? The cost of undergrounding overhead utilities lines varies greatly from project to project; however, it is estimated to cost $50,000 per property. However, the cost variescan also vary significantly from property to property. This amount is typically paid through an assessment. In addition to the construction within the street, the service connection to the individual homes must also be reconstructed. Under Assessment DistrictState law, the cost for these private connections is the responsibility of property owners. However, the law also provides that property owners can fill out a consent form requesting the City construct the connection to the individual homeservice as well and in such cases, the cost is included in the assessment and paid by the property owner over time. The cost to reconstruct individual service connections will vary greatly depending upon distance from the street to the connection point, as well as the type improvements that are impacted by the construction. An good estimate for a 40-foot connection in lawn, or standard concrete or asphalt is $5,000. 2. Will everyone pay the same amount? Generally, no. The assessment process will determine the amount paid by various property owners and will vary depending on the benefit the property receives from the project. For example, properties with views greatly improved by the project will pay a higher assessment than a property with little or no improvement to view. 3. How is the area of the aAssessment district determined? The area of the assessment district is determined by the neighborhood, in conjunction with Southern California Edisonthe applicable electrical utility, to make sure the district boundaries works well with the electrical grid. 4. Will all the wires and poles be removed? The undergrounding project will generally remove all wires and poles. There are some exceptions. Poles that support streetlights will not be removed. In addition, poles that support cellular (wireless) communications may only be removed if an alternate location can be found. 5. How long should the process take? The length of the process will vary greatly from project -to -project, depending on size, complexity, and availability of City funding and neighborhood support. It will take approximately 12 months to design the improvements and six months to form the Assessment District. A good estimate of time for the entire process is three – four3 to 4 years. B-17 01203.0006/675607.2 6. Why can’t the City pay for undergrounding utilities? Although the City is supportive of neighborhood undergrounding projects, adequate funding is not available. The undergrounding program requires the City to advance the cost of engineering services to design the plans and to prepare the Engineer’s Report of Assessments. These costs, however, will be added to the cost of construction and included in assessments to be paid by the property owners within the assessment district. 7. Does the City receive funding for undergrounding from Southern California Edison? Yes, the City is allocated a certain amount of “work credits” annually for undergrounding, however, these credits must be accumulated over many years to funds undergrounding projects, and those projects are generally alongmay only be utilized for projects which benefit a large number of citizens, such as arterial roadways. Rule 20A projects are constructed in areas of communities that are used most often by the general public. Because ratepayers contribute the bulk of the costs of Rule 20A programs through utility rates, the projects must be in the public interest by meeting one or more of the following public interest criteria: ▪ Eliminate an unusually heavy concentration of overhead lines; ▪ Involve a street or road with a high volume of public traffic ▪ Benefit a civic or recreation area or area of unusual scenic interest; ▪ Be listed as an arterial street or major collector as defined in the Governor’s Office of Planning and Research (OPR) Guidelines 8. Why can’t Southern California Edison pay for utility undergrounding? Unfortunately, undergrounding is expensive and there is no legal requirement for Southern California Edison to underground their facilities. 9. What equipment will still be visible above ground? Will I get a chance to review proposed equipment locations before they are finalized? Transformers will be located in sub-surface vaults covered by typical manhole covers. Telephone systems also require above ground terminals. In addition, many underground facilities will require air vents, which will be visible from the street. 10. What is an aAssessment dDistrict? An aAssessment dDistrict is a financing tool used to fund the cost of a construction project over a period of time. With an aAssessment dDistrict, costs are apportioned to each parcel within the project boundary based upon the value of the special benefit conferred on that parcel. The amount each parcel pays is determined in the Engineer’s Report of Assessment. B-18 01203.0006/675607.2 11. How will I pay for the assessment? Assessments can be paid one of two ways, either the amount of the assessment can be paid in cash or it can be financed in, which case it will be paid over a time period typically 20 years as part of the property tax bill. Property owners wishing to pay the entire amount up front will save the cost of interest. 12. What is the term of bond financing? Bonds are usually financed over 15 to 20 year terms. 13. Can assessments be deferred for hardship cases? Individuals should consult with a tax advisor to determine if they qualify for the State of California Property Tax Postponement Program. If qualified, the utility undergrounding assessment may be deferred until the property is sold or the estate is settled. Information regarding the State of California Property Tax Postponement Program can be found at the California State Controller’s Office website: B-19 01203.0006/675607.2 First Phase •Determine neighbor interest •Form a committee and select representative •Provide City with Letter of Intent •City will host a Community Meeting with neighborhood representative(s) and Utility Company representatives Second Phase •Petition (and accompanying Letters of Support) the City to advance funding for Engineering •City staff verification •City Council consideration •(potential) Funding of Engineering costs Third Phase •Selection of Engineering firm •Preparing Plans, Specifications and an Engineering Estimate of Construction Costs •Proposed apportionment of project costs •Neighborhood Meeting to discuss Engineering and apportionment of costs Fourth Phase •Petition to establish an Assessment District (and accompanying Letters of Support) •City Council consideration of a Resolution of Intent to form an Assessment District and set a Public Hearing date Fifth Phase •Voting •City Council conducts a Public Hearing to consider the formation of an Assessment District •Notices of Assessment (identifying financing options) Sixth Phase •Construction B-20 01203.0006/675607.2 B-21 01203.0006/675607.2 B-22 Letter of Interest to underground utilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, as owner(s) of property(ies) within the _______________________________ neighborhood (depicted on the attached map) of the City of Rancho Palos Verdes (“City”) with existing overhead electrical and communication utility lines and poles, wish to pursue a project to have those utilities relocated underground in my/our neighborhood. As such, I/we have reviewed the latest version of the City’s “Guidelines to Underground Utilities in Residential Neighborhoods and discussed its contents with owners of _[#]_ of the _[#]_ properties in the proposed area of the project. Of the owners that I/we have spoken to, _[#]_ have expressed their willingness to support a project for undergrounding the overhead utility facilities, including indicating that they are willing to bear their fair portion of the financial responsibility for associated project costs. Therefore, I/we hereby request that the City schedule a meeting with owners of properties from the area depicted on the attached map and representatives of the City and companies owning overhead utility facilities in our neighborhood. Respectfully, (signature) (signature) (full name, printed) (full name, printed) Owner of the property at: Owner of the property at: (only address number and street name are needed) (only address number and street name are needed) (signature) (signature) (full name, printed) (full name, printed) Owner of the property at: Owner of the property at: (only address number and street name are needed) (only address number and street name are needed) B-23 01203.0006/675607.2 B-24 Petition of the City of Rancho Palos Verdes to advance Advance funding Funding for engineering Engineering services Services for a pProposed uUndergrounding pProject 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 To: Honorable Mayor and members of the Rancho Palos Verdes City Council I/We, being owners of property within an area of the City that we wish to pursue residential utility undergrounding, hereby request the City Council advance funding for engineering services to: ▪ determine the full scope of the proposed undergrounding; ▪ develop plans, specifications, and an engineering estimate of construction costs ▪ Assess each property’s benefit from the project ▪ Prepare a report that includes: ▪ A map of the project area ▪ The methodology used to determine the benefits to each property from the project ▪ A recommended property-by-property apportioned cost of the project In support of this petition, Letters of Support from the owner(s) of each property that supports this petition is attached, and an accompanying check for $500 has been provided to the City as a down payment and sign of our financial commitment to this effort. We understand: A. That the cost of the improvements will be assessed to the land which benefits from the improvements including our land; B. 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 benefited parcels of land, and that a public hearing will be conducted on the report; C. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; D. The initial estimated cost of improvements for each property $50,000; E. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; F. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner B-25 Petition of the City of Rancho Palos Verdes to advance Advance funding Funding for engineering Engineering services Services for a pProposed uUndergrounding pProject 01203.0006/675607.2 expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. The petition may be filed in counterpart or may be joined with other petitions for similar work. B-26 01203.0006/675607.2 B-27 Letter of Support of the ____________________ Neighborhood’s Petition to Uunderground uUtilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________________________________ hereby support my neighborhood’s efforts to underground utilities within the City of Rancho Palos Verdes, and the Petition for the City to advance funds for engineering services to develop plans, specifications and an engineering estimate of construction cost for the project. In signing this Letter of Support, I/we attest to having read the City’s Guidelines to Undergrounding Utilities in Residential Neighborhoods, and understand that: 1. tThe apportioned share, as determined by the City Council, of the project costs will be assessed to the land which benefits from the improvements, including my/our land, unless that share is paid at the conclusion of the project; 2. Tthe apportioned share for my property must be paid, even if the project is not completed and the undergrounding of utilities is not performed (i.e. there is insufficient support for construction of the project after engineering work has begun); 3. A Public Hearing will be conducted by the City Council to establish an Assessment District after engineering services work is completed; 4. The costs of engineering, legal and other incidental expenses will be included in the project cost; 5. The estimated cost of improvements to be financed from the Assessment District for each parcel is $40,000 – 60,000; 6. Each property owner may pay their assessment in cash without interest, or in installments with interest over a period of 15 – 20 years; and 7. If Tthe parcel’s private property service connection either projects costsplans, specifications and costs that all costs associated with the project are the financial responsibility of the owners of the properties directly benefitting from the project, not the City’s, and that an appropriate allocation of the costs will be determined including me/us, and as unless alternative arrand that payment of my/our apportioned share of the project costs will either be paid at the conclusion of the project or be assessed to the property and paid biennial semi-annually with the property taxes. The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentions proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: A. 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 benefited parcels of land, and that a public hearing will be conducted on the report; B-28 Letter of Support of the ____________________ Neighborhood’s Petition to Uunderground uUtilities within the City of Rancho Palos Verdes 01203.0006/675607.2 B. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; C. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. Respectfully, (signature) (signature) (full name, printed) (full name, printed) (email address) (email address) (home phone number) (home phone number) (cell/mobile phone number) (cell/mobile phone number) B-29 01203.0006/675607.2 B-30 Explanation of Non-Support / Letter of OppositionNon-Support to Uunderground uUtilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ DO NOT SUPPORT the efforts to underground utilities within my neighborhood in the City of Rancho Palos Verdes for the following reasons: (check all that apply) ☐ Personal expenses would be a financial burden ☐ Do not wish to incur personal expenses related to the project ☐ Do not believe that property owners should pay for the project ☐ The overhead utilities do not bother me and/or I like them ☐ Do not want to disrupt landscape and/or hardscape on my property to underground utility connections to my home that are currently overhead ☐ Other (please specify) ☐ Do not wish to specify Property Owner(s) (please print name) Property Owner Signature(s) Property Address Mailing Address (if different from the Property Address) Alternatively, if the property owner does not wish to complete this form, a representative of the Neighborhood Committee or the Neighborhood Representative can complete the form to document a verbal conversation with the property owner, as long as it is so noted. Committee Representative (please print name) Committee Representative Signature B-31 01203.0006/675607.2 B-32 Petition to the City of Rancho Palos Verdes to form an Assessment District 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council I/We, the undersigned, being owners of property within the area of a proposed assessment district to be established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”), do hereby petition the City Council of the City of Rancho Palos Verdes (the “City”) to forthwith commence and carry through to completion under the provisions of said Act, all proceedings for the formation of an Assessment District as hereinafter described and for the acquisition of the hereinafter mentioned improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The area within the City, which we hereby request the City Council to form as an Assessment District, as hereinabove mentioned, is shown on the map attached hereto as Exhibit A entitled “Map of Proposed Undergounding Assessment District for the ___________ neighborhood.” The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentions proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: G. That the cost of the improvements will be assessed to the land which benefits from the improvements including our land; H. 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 benefited parcels of land, and that a public hearing will be conducted on the report; I. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; J. The estimated cost of improvements to be financed from Assessment District for each parcel is $40,000 - $60,000; K. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; L. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. The petition may be filed in counterpart or may be joined with other petitions for similar work. B-33 01203.0006/675607.2 B-34 Letter of Support of the ____________________ Neighborhood’s Petition to form an Assessment District 01203.0006/675607.2 Petition of Interest to underground utilities within the City of Rancho Palos Verdes To: Honorable Mayor and members of the Rancho Palos Verdes City Council I/We, the undersigned, being owners of property within the area of a proposed assessment district to be established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”), do hereby petition the City Council of the City of Rancho Palos Verdes (the “City”) to forthwith commence and carry through to completion under the provisions of said Act, all proceedings for the formation of an Assessment District as hereinafter described and for the acquisition of the hereinafter mentioned improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The area within the City, which we hereby request the City Council to form as an Assessment District, as hereinabove mentioned, is shown on the map attached hereto as Exhibit A entitled “Map of Proposed Undergounding Assessment District for the ___________ neighborhood.” The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentions proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: A. That the cost of the improvements will be assessed to the land which benefits from the improvements including our land; B. 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 benefited parcels of land, and that a public hearing will be conducted on the report; C. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; D. The estimated cost of improvements to be financed from Assessment District for each parcel is $40,000 - $60,000; E. That each property owner may pay their assessment either in cash without interest, or in installments with interest over a period of 15-20 years; F. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at their owner expense, after the utility undergounding has been completed. The typical cost is $5,000. This expense may be added to the assessment. B-35 Letter of Support of the ____________________ Neighborhood’s Petition to form an Assessment District 01203.0006/675607.2 This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. The petition may be filed in counterpart or may be joined with other petitions for similar work. Property Information Property Address Mailing Address (if different from the Property Address) Assessor Parcel Number (APN): Property Owner(s) (please print name) Property Owner Signature(s) B-36 01203.0006/675607.2 B-37 Explanation of Non-Support / Letter of Opposition to uUnderground uUtilities within the City of Rancho Palos Verdes 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ DO NOT SUPPORT the efforts to underground utilities within my neighborhood in the City of Rancho Palos Verdes for the following reasons: (check all that apply) ☐ Personal expenses would be a financial burden ☐ Do not wish to incur personal expenses related to the project ☐ Do not believe that property owners should pay for the project ☐ The overhead utilities do not bother me and/or I like them ☐ Do not want to disrupt landscape and/or hardscape on my property to underground utility connections to my home that are currently overhead ☐ Other (please specify) ☐ Do not wish to specify Property Owner(s) (please print name) Property Owner Signature(s) Property Address Mailing Address (if different from the Property Address) Alternatively, if the property owner does not wish to complete this form, a representative of the Neighborhood Committee or the Neighborhood Representative can complete the form to document a verbal conversation with the property owner, as long as it is so noted. Committee Representative (please print name) Committee Representative Signature B-38 01203.0006/675607.2 B-39 01203.0006/675607.2 To: [Property Owner] [Mailing Address] [City], [State] [Zip Code] Re: Assessment of liability to the property at __________________ (Assessor Parcel Number (APN): _______________) To the owners of the above referenced property, An assessment is being levied against the above referenced property as part of the Assessment District established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”) on ____ for improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The liability assigned to the above referenced property is $ .00, and is your financial responsibility. If you have any questions regarding this assessment, please contact: City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 B-40 01203.0006/675607.2 B-41 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ have received a Draft Notice of Assessment for my/our property and ☐ Support / Vote FOR ☐ Opposed / Vote AGAINST The formation of an Assessment District (as described and defined in the City’s Guidelines to Underground Utilities in Residential Neighborhoods) Please provide comments to explain your vote, if you wish. (Not required) Property Owner(s) (please print name) Property Owner Signature(s) Property Address Mailing Address (if different from the Property Address) B-42 01203.0006/675607.2 B-43 01203.0006/675607.2 To: [Property Owner] [Mailing Address] [City], [State] [Zip Code] Re: Assessment of liability to the property at __________________ (Assessor Parcel Number (APN): _______________) To the owners of the above referenced property, An assessment is being levied against the above referenced property as part of the Assessment District established under the Municipal Improvement Act of 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the “Act”) on ____ for improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The liability assigned to the above referenced property is $ .00, and is your financial responsibility. If you have any questions regarding this assessment, please contact: City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 B-44 01203.0006/675607.2 B-45 01203.0006/675607.2 To: Honorable Mayor and members of the Rancho Palos Verdes City Council c/o Director of Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275-5391 I/We, the undersigned, being owners of the property at __________ [property address]_________ hereby acknowledge that a new service connection to our home will be necessary when overhead utilities are relocated underground in our neighborhood, and that costs associated with establishing this new connection is my/our financial responsibility. I/We hereby request that the City of Rancho Palos Verdes, Southern California Edison and/or third party contractors hired, construct the necessary service connections as part of the undergrounding project. I/We acknowledge that such construction may require trenching from the street to the main structure of the home, and will likely damage or otherwise disturb existing vegetation. I/We further acknowledge that the connection will be constructed in the most cost effective way possible, and is likely to not be the most aesthetically pleasing manner possible. This includes, but is not limited to replacing decorative vegetation such as flowers and bushes, hardscape such as rock or mulch, or replacement of driveways or sidewalks that are cut for required trenching. Property Information Property Address Mailing Address (if different from the Property Address) Assessor Parcel Number (APN): Property Owner(s) (please print name) Property Owner Signature(s) B-46 Guidelines TO Underground Utilities in Residential Neighborhoods City of Rancho Palos Verdes Public Works Department June 2005 APPROVED BY THE CITY COUNCIL On May 17, 2005 C-1 2 Table of Contents Item Page No. Introduction 3 Procedures Step 1: Building Neighborhood Consensus 4 Step 2: Project Design and Cost Estimate 6 Step 3: District Formation—Engineer’s Report and Assessment Calculations 8 Step 4: Assessment District and Bond Sale 10 Step 5: Construction of Underground Utility Improvements 11 Frequently Asked Questions 12 Property Owner Petition 15 C-2 3 Introduction Few improvements enhance the appearance of a neighborhood as much as removing overhead utility wires and poles. Many times these facilities obscure spectacular ocean views, which are often times available throughout the Palos Verdes Peninsula. The process of removing these facilities, however, is costly and complex. Moreover, public funds are generally not available to fund these improvements. The City Council for the City of Rancho Palos Verdes has developed these guidelines to help residents understand and assist neighborhoods with the undergrounding process. This booklet will assist residents by answering the following questions: What is the process? How are improvements funded? What level of neighborhood support is needed? What are the typical costs per property? The full cost of utility undergrounding in residential neighborhoods is the financial responsibility of property owners. The state of California has a postponement program, which may allow some property owners to defer payment. The state of California has a postponement program, which may allow some property owners to defer payment. Information about the State of California Property Tax Postponement program can be found at the State Controller’s website at http://www.sco.ca.gov/col/taxinfo/ptp/faq/index.shtml. C-3 4 Procedures Step 1: Building Neighborhood Consensus 1.1 Provide City With Letter of Inquiry Neighborhood submits a Letter of Inquiry to the Public Works Department. The purpose of the letter is to notify the City of the neighborhood’s intentions. The letter should identify the area contemplated for undergrounding, indicate to what degree the neighborhood has discussed undergrounding and it should give the name and contact information of a neighborhood representative. 1.2 Conduct a Neighborhood Meeting with City Coordinator and Utility Companies. When the City receives the letter a neighborhood meeting will be scheduled with representatives of the City and utility companies. At the neighborhood meeting details of the program will be discussed. 1.3 Formation of Neighborhood Committee Prior to or at the first meeting with City staff, the neighborhood should form a committee for undergrounding. The committee will be the primary contact with City staff and utility companies. The committee will help to establish boundaries of the district and will serve as the communication link between the City and the neighborhood. The Committee can be formed by HOA Board of Directors or any group of property owners interested in undergrounding. The preliminary boundary area of the undergrounding district neighborhood will be determined based upon the layout of the utility system, as well as neighborhood support for the project. 1.4 Neighborhood circulates petitions of Interest. Neighborhood circulates a petition within the boundaries of proposed district. Property owners interested in the project should sign the petition and attach to the petition a check, payable to the City of Rancho Palos Verdes, in the amount of $100 as a deposit towards the project. The deposit will be refundable up to the time that the City begins to spend funds for engineering services to design the project. C-4 5 1.5 Neighborhood submits the following to the Public Works Department: Signed Petitions Before construction occurs, engineered plans must be prepared. The City Council will consider advancing funds for the engineering services to prepare the plans only if signed petitions are submitted by two- thirds, (66.6%) of property owners within the project boundary. When the neighborhood has fully circulated petitions in the neighborhood they are submitted to the Public Works Department for verification. Staff will verify that the names on the petitions match the current assessment roles. Plan to address concerns of property owners for whom the project would be a financial hardship. In most neighborhoods support for undergrounding project will not be unanimous. In some cases property owners will oppose the project because of financial reasons. Thus when the neighborhood submits petitions, they must also submit a written report indicating for each property that did not sign petition why they oppose the project. The report shall also include a plan to address the concerns of those property owners who are opposed to the project because it presents a financial hardship. An example of plans that have worked in other jurisdictions is for the entire neighborhood to agree to pay the cost for one or two property owners for whom the project would present a financial hardship. 1.6 City Council Meeting When petitions are verified the project will be scheduled for a City Council meeting to consider if the City will advance funds to pay for the engineering services to prepare the plan of construction. When deciding whether or not to advance funds for a particular project the City Council will consider many factors including: ¾ Project costs ¾ Availability of funding ¾ Level of neighborhood support ¾ How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project Step 2 Project Design and Cost Estimates C-5 6 2.1 Design and Cost Estimate Prepared: Southern California Edison, the other impacted utilities and a private engineering firm prepare engineering plans and an Estimate of Project Cost. Note the estimate of costs will be a total cost, not a property- by-property estimate of costs and will not include the cost of hook ups for individual properties. 2.2 Property Owner Information Meeting: Once project costs are known a neighborhood meeting is scheduled with City staff and utility companies officials. 2.3 Neighborhood circulates petitions of Interest. Neighborhood circulates a second petition within the boundaries of proposed district. The petition will now include an estimate of total project costs. Property owners interested in the project should sign the petition. 2.4 Signed Petitions are submitted to the Public Works Department. Before construction can occur an Engineer’s Report of Assessment must be prepared. This report will review total project costs and assess costs to the various properties within the project boundary based upon the benefit that each property receives. The City will consider advancing funds if and only if petitions are signed by two- thirds (66.6%) of property owners within the project boundary. Signed petitions are submitted to the Public Works Department for verification. Staff will verify that the names on the petitions match the current assessment roles. 2.5 Council Meeting: When petitions are verified the project will be scheduled for a City Council meeting for consideration of City seed monies to prepare an engineer’s report for the formation of the assessment district. In preparation for the City Council meeting, notices will be sent to all properties in the project area to provide project status and cost. The City Council will consider many factors including: Project costs C-6 7 Availability of funding Level of neighborhood support How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project C-7 8 Step 3: District Formation: Engineer’s Report and The Calculation of Assessments are calculated 3.1 Engineer’s Report: An Engineer’s Report is the document that looks at costs and benefits and allocates project costs to the various properties within the project boundary. The report includes a review and restatement of total project costs determined by the design engineer; it lists and provides a map of the project area; it identifies the methodology used to determine benefit per property and apportions costs to each property based on the benefit that each property receives from the project. For example a property that benefits, in the form of an enhanced view due to the removal of a power pole and wires, will be assigned a higher benefit and therefore, have a higher assessment placed against it than a property that does not benefit in such a manner. The report will consider each and every property in this manner. The principal deliverable of the engineers report will be a property-by-property assessment of costs. 3.2 Property Owner Information Meetings: A neighborhood meeting will be scheduled during which the Engineer’s Report will be discussed. 3.3 Council Meeting to consider a Resolution of Intent to Form and Assessment District: The City Council will review the Engineer’s Report. If the report is approved, the City Council will adopt a Resolution of Intent, which sets a Public Hearing date, at which time the City Council will hear testimony and decide if the assessment district is formed. 3.4 Notice of Assessment and Ballots Mailed: The City Council can only form assessment districts if a simple majority of assessed properties (weighted by assessment amounts) agree to the assessment. To determine if this state mandated majority be met, ballots and Notices of Assessment are mailed 45 days prior to the Public Hearing. The results of the ballot election are tabulated at the Public Hearing. 3.5 City Council conducts Public Hearing: A Public Hearing is conducted to review ballot results and to receive comments or protests from the property owners and the results. C-8 9 If a simple majority of the weighted assessment value property owner’s vote in favor of the project, the City Council may adopt the resolution forming the Assessment District. The term weighted assessment means that the vote of a property owner with a $20,000 assessment counts twice as much as the property owner with a $10,000 assessment. The ballot result is not the only factor that will be considered by the City Council. Other factors that may be considered include: ¾ How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project. ¾ Level of neighborhood support ¾ City benefit from the project C-9 10 Step 4: Assessment District and Bond Sale 4.1 Notice of Assessment: If the Assessment District is formed, a notice of assessment and financing options will be mailed to each property owner. A property owner may pay the assessment within the 30-day cash collection period and receive a discount for bond financing costs. Property owners not paying within the 30 day period will have an assessment placed against their property in accordance with the Engineer’s Report and will pay off the assessment in semi-annual payments with their property tax bills. 4.2 Bond Sale The income from the sale of the bonds is used to finance the cost of the utility undergrounding project. C-10 11 Step 5: Construction of Underground Utility Improvements 5.1 Construction: The City will either enter into a contract with Southern California Edison to construct the improvements or advertise a contract for the construction. Bids are opened and a contract is awarded at a regular City Council meeting. Southern California Edison must complete portions of the work related to placing their facilities within conduits, however, much of the work may be advertised for competitive bids. When all properties are connected to the underground system, the utilities will convert to the underground system and utility wires and poles are removed. C-11 12 Frequently Asked Questions What are the typical costs? The cost of undergrounding overhead utilities lines varies greatly from project to project; however, a good estimate is $ 40,000 – $ 60,000 per property. This amount is typically paid through an assessment. In addition to the construction within the street, the service connection to the individual homes must also be reconstructed. Under Assessment District law, the cost for these private connections is the responsibility of property owners. However, the law also provides that property owners can fill out a consent form requesting the City to construct the service as well and in such cases, the cost is included in the assessment. The cost to reconstruct individual service connections will vary greatly depending upon distance from the street to the connection point, as well as the type improvements that are impacted by the construction. A good estimate for a 40-foot connection in lawn, or standard concrete or asphalt is $5,000. Will everyone pay the same amount? Generally no. The assessment process will determine the amount paid by various properties and will vary depending on the benefit the property receives from the project. For example properties with views greatly improved by the project will pay a higher assessment than a property with little or no improvement to view. How is the area of the district determined? The area of the district is determined by the neighborhood, in conjunction with Southern California Edison, to make sure the district boundaries works well with the electrical grid. Will all the wires and poles be removed? The undergrounding project will generally remove all wires and poles. There are some exceptions. Poles that support streetlights will not be removed. In addition, poles that support cellular communications will be removed if an alternate location can be found. How long should the process take? The length of the process will vary greatly from project to project depending on size, complexity, and availability of City funding and neighborhood support. It will take approximately 12 months to design the improvements C-12 13 and six months to form the assessment district. A good estimate of time for the entire process is three – four years. Why can’t the City pay for undergrounding utilities? Although the City is supportive of neighborhood undergrounding projects, adequate funding is not available. The undergrounding program requires the City to advance the cost for engineering services to design the plans and to prepare the Engineer’s Report of Assessments. These costs, however, will be added to the cost of construction and included in assessments. Does the City receive funding for undergrounding from Southern California Edison? Yes, however, these funds are limited and are generally used for projects along arterial roadways. Why can’t Edison pay for utility undergrounding? Unfortunately, undergrounding is expensive and there is no legal requirement for Edison to underground their facilities. What equipment will still be visible above ground? Will I get a chance to review proposed equipment locations before they are finalized? Transformers will be located in sub-surface vaults covered by typical manhole covers. Telephone systems also require above ground terminals. In addition many underground facilities will require air vents, which will be visible from the street. What is an Assessment District? An Assessment District is a financing tool used to fund the cost of a construction project over a period of time. With an assessment district, costs are apportioned to each parcel within the project boundary based upon the value of the special benefit conferred on that parcel. The amount each parcel pays is determined in the Engineer’s Report of Assessment. How will I pay the assessment? Assessments can be paid one of two ways, either the amount of the assessment can be paid in cash or it can be financed in which case it will be paid over a time period typically 20 years as part of the property tax bill. Property owners wishing to pay the entire amount up front will save the cost of interest. C-13 14 What is the term of the bond financing? Bonds are usually financed over 15 to 20 year terms. Can assessments be deferred for hardship cases? Individuals should consult with a tax advisor to determine if they qualify for the State of California Property Tax Postponement Program. If qualified, the utility undergrounding assessment may be deferred until the property is sold or the estate is settled. Information regarding the State of California Property Tax Postponement Program can be found at the California State Controller’s Office website, http://www.sco.ca.gov/col/taxinfo/ptp/faq/index.shtml. C-14 15 Property Owner Petition C-15 16 Property Owner Petition TO: Honorable Mayor and Members of the Rancho Palos Verdes City Council PETITION OF INTEREST OF PROPERTY OWNERS TO UNDERGROUND UTILITIES WITHIN THE CITY OF RANCHO PALOS VERDES We, the undersigned, being owners of property within the area of a proposedassessment district to be established under the MUNICIPAL IMPROVEMENTACT OF 1913, Division 12 (Sections 10000, et seq.) of the Streets andHighways Code of the State of California (the "Act"), do hereby petition theCity Council of the City of Rancho Palos Verdes (the "City") to forthwithcommence and carry through to completion under the provisions of said Act,all proceedings for the formation of an ASSESSMENT DISTRICT ashereinafter described and for the acquisition of the hereinafter mentionedimprovements within the City of Rancho Palos Verdes, County of LosAngeles, State of California. The area within the City, which we hereby request the City Council to form as an ASSESSMENT DISTRICT, as hereinabove mentioned, is shown on a map attached hereto as Exhibit A entitled "MAP OF PROPOSED UNDERGROUNDING ASSESSMENT DISTRICT FOR THE _________________ NEIGHBORHOOD" The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentioned proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: A. That the cost of the improvements will be assessed to the land, which benefits from the improvements including our land; B. 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 benefited parcels of land, and that a public hearing will be conducted on the report. C. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; D. The estimated cost of the improvements to be financed from Assessment District for each parcel is $ 40,000 - $ 60,000. E. That each property owner may pay his assessment either in cash without interest or in installments with interest over a period of 15 to 20 years. C-16 17 F. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at your own expense, after the utility undergrounding has been completed. The typical cost is $ 5,000. This expense may be added to the assessment. This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. The petition may be filed in counterpart or may be joined with other petitionfor a similar work. ASSESSOR’S PARCEL NO: ______________________________________________ STREET ADDRESS OF PROPERTY: ________________________________________________________ OWNER’S SIGNATURE: _____________________________________________________________ OWNER’S NAME (PRINTED): _____________________________________________________________ DATE: ______________________________ MAILING ADDRESS (IF DIFFERENT FROM PROPERTY): _____________________________________________________________ Attach a check in the amount of $100 made payable to the City of Rancho Palos Verdes. The full cost of utility undergrounding in residential neighborhoods is the financial responsibility of property owners. The state of California has a postponement program, which may allow some property owners to defer payment. C-17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DIRECTOR OF PUBLIC WORKS DATE: MAY 17, 2005 SUBJECT: RESIDENTIAL UNDERGROUNDING PROGRAM RECOMMENDATION Adopt guidelines for undergrounding utilities in residential neighborhoods. BACKGROUND In an effort to encourage the undergrounding of utility lines the City Council requested staff to prepare guidelines to assist property owners. This matter has appeared on the City Council’s agenda on several occasions to discuss elements of the program. On December 16, 2003 the City Council directed staff to prepare a program with the following characteristics: 1. Seed monies will be provided by the City to fund the design of the improvements, and the formation of the assessment district. 2. Each petition process must be approved by two-thirds of property owners in the project. 3. Property owners signing the initial petition shall submit a check in the amount of $100. These funds will be used to design the improvements. 4. When the project first appears before the City Council, the neighborhood must present a written plan to address concerns of property owners who express financial hardship as their reason for opposing the project. On April 20, 2004 staff presented revised guidelines at which time the City Cou ncil further directed staff to: 1. Investigate the status of the resolution adopted by the League of California Cities regarding undergrounding. 2. Revise guidelines to include discussions that the improvements can be constructed by Southern California Edison or with a contractor obtained through the competitive bidding process. 3. Provide the guidelines to the Council of Homeowners Association for feedback. 4. Bring back the final guidelines for review. DISCUSSION D-1 The attached draft guidelines include the policy issues directed by the City Council as well as the feedback received from the Council of Homeowners Associations. Attached is a copy of the resolution adopted by the League of California Cities regarding undergrounding. At this time three neighborhoods are considering undergrounding; Seaview, Grandview, and Coolheights. CONCLUSION Adopting the staff recommendation will approve guidelines to underground utilities in residential neighborhoods, and the formation of an undergrounding assessment district. FISCAL IMPACT Staff could not identify a fiscal impact to the recommended action Submitted by, Dean Allison, Director of Public Works Reviewed by, Les Evans, City Manager Attachments: Draft Guidelines Resolution Adopted by the League of California C ities DRAFT Guidelines TO Underground Utilities in Residential Neighborhoods City of Rancho Palos Verdes Public Works Department June 2005 Table of Contents Item Page No. Introduction 3 Procedures Step 1: 4 D-2 Building Neighborhood Consensus Step 2: Project Design and Cost Estimate 6 Step 3: District Formation—Engineer’s Report and Assessment Calculations 8 Step 4: Assessment District and Bond Sale 10 Step 5: Construction of Underground Utility Improvements 11 Frequently Asked Questions 12 Property Owner Petition 15 Introduction Few improvements enhance the appearance of a neighborhood as much as removing overhead utility wires and poles. Many times these facilities obscure spectacular ocean views, which are often times available throughout the Palos Verdes Peninsula. The process of removing these facilities, however, is costly and complex. Moreover, public funds are generally not available to fund these improvements. The City Council for the City of Rancho Palos Verdes has developed these guidelines to help residents understand and assist neighborhoods with the undergrounding process. This booklet will assist residents by answering the following questions: What is the process? How are improvements funded? What level of neighborhood support is needed? What are the typical costs per property? The full cost of utility undergrounding in residential neighborhoods is the financial responsibility of property owners. The state of California has a postponement program, which may allow some property owners to defer payment. D-3 The state of California has a postponement program, which may allow some property owners to defer payment. Information about the State of California Property Tax Postponement program can be found at the State Controller’s website at http://www.sco.ca.gov/col/taxinfo/ptp/faq/index.shtml. Procedures Step 1: Building Neighborhood Consensus 1.1 Provide City With Letter of Inquiry Neighborhood submits a Letter of Inquiry to the Public Works Department. The purpose of the letter is to notify the City of the neighborhood’s intentions. The letter should identify the area contemplated for undergrounding, indicate to what degree the neighborhood has discussed undergrounding and it should give the name and contact information of a neighborhood representative. 1.2 Conduct a Neighborhood Meeting with City Coordinator and Utility Companies. When the City receives the letter a neighborhood meeting will be scheduled with representatives of the City and utility companies. At the neighborhood meeting details of the program will be discussed. 1.3 Formation of Neighborhood Committee Prior to or at the first meeting with City staff, the neighborhood should form a committee for undergrounding. The committee will be the primary contact with City staff and utility companies. The committee will help to establish boundaries of the district and will serve as the communication link between the City and the neighborhood. The Committee can be formed by HOA Board of Directors or any group of property owners interested in undergrounding. The preliminary boundary area of the undergrounding district neighborhood will be determined based upon the layout of the utility system, as well as neighborhood support for the project. 1.4 Neighborhood circulates petitions of Interest. Neighborhood circulates a petition within the boundaries of proposed district. Property owners interested in the project should sign the petition and attach to the petition a check, payable to the City of Rancho Palos Verdes, in the amount of $100 as a deposit towards the project. The deposit will be refundable up to the time that the City begins to spend funds for engineering services to design the project. 1.5 Neighborhood submits the following to the Public Works Department: D-4 Signed Petitions Before construction occurs, engineered plans must be prepared. The City Council will consider advancing funds for the engineering services to prepare the plans only if signed petitions are submitted by two-thirds, (66.6%) of property owners within the project boundary. When the neighborhood has fully circulated petitions in the neighborhood they are submitted to the Public Works Department for verification. Staff will verify that the names on the petitions match the current assessment roles. Plan to address concerns of property owners for whom the project would be a financial hardship. In most neighborhoods support for undergrounding project will not be unanimous. In some cases property owners will oppose the project because of financial reasons. Thus when the neighborhood submits petitions, they must also submit a written report indicating for each property that did not sign petition why they oppose the project. The report shall also include a plan to address the concerns of those property owners who are opposed to the project because it presents a financial hardship. An example of plans that have worked in other jurisdictions is for the entire neighborhood to agree to pay the cost for one or two property owners for whom the project would present a financial hardship. 1.6 City Council Meeting When petitions are verified the project will be scheduled for a City Council meeting to consider if the City will advance funds to pay for the engineering services to prepare the plan of construction. When deciding whether or not to advance funds for a particular project the City Council will consider many factors including: ➢ Project costs ➢ Availability of funding ➢ Level of neighborhood support ➢ How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project Step 2 Project Design and Cost Estimates 2.1 Design and Cost Estimate Prepared: Southern California Edison, the other impacted utilities and a private engineering firm prepare engineering plans and an Estimate of Project Cost. Note the estimate of costs will be a total cost, not a property-by-property estimate of costs and will not include the cost of hook ups for individual properties. D-5 2.2 Property Owner Information Meeting: Once project costs are known a neighborhood meeting is scheduled with City staff and utility companies officials. 2.3 Neighborhood circulates petitions of Interest. Neighborhood circulates a second petition within the boundaries of proposed district. The petition will now include an estimate of total project costs. Property owners interested in the project should sign the petition. 2.4 Signed Petitions are submitted to the Public Works Department. Before construction can occur an Engineer’s Report of Assessment must be prepared. This report will review total project costs and assess costs to the various properties within the project boundary based upon the benefit t hat each property receives. The City will consider advancing funds if and only if petitions are signed by two-thirds (66.6%) of property owners within the project boundary. Signed petitions are submitted to the Public Works Department for verification. Staff will verify that the names on the petitions match the current assessment roles. 2.5 Council Meeting: When petitions are verified the project will be scheduled for a City Council meeting for consideration of City seed monies to prepare an engineer’s report for the formation of the assessment district. In preparation for the City Council meeting, notices will be sent to all properties in the project area to provide project status and cost. The City Council will consider many factors including: Project costs Availability of funding Level of neighborhood support How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project D-6 Step 3: District Formation: Engineer’s Report and The Calculation of Assessments are calculated 3.1 Engineer’s Report: An Engineer’s Report is the document that looks at costs and benefits and allocates project costs to the various properties within the project boundary. The report includes a review and restatement of total project costs determined by the design engineer; it lists and provides a map of the project area; it identifies the methodology used to determine benefit per property and apportions costs to each property based on the benefit that each property receives from the project. For example a property that benefits, in the form of an enhanced view due to the removal of a power pole and wires, will be assigned a higher benefit and therefore, have a higher assessment placed against it than a property that does not benefit in such a manner. The report will consider each and every property in this manner. The principal deliverable of the engineers report will be a property- by-property assessment of costs. 3.2 Property Owner Information Meetings: A neighborhood meeting will be scheduled during which the Engineer’s Report will be discussed. 3.3 Council Meeting to consider a Resolution of Intent to Form and Assessment District: The City Council will review the Engineer’s Report. If the report is approved, the City Council will adopt a Resolution of Intent, which sets a Public Hearing date, at which time the City Council will hear testimony and decide if the assessment district is formed. 3.4 Notice of Assessment and Ballots Mailed: The City Council can only form assessment districts if a simple majority of assessed properties (weighted by assessment amounts) agree to the assessment. To determine if this state mandated majority be met, ballots and Notices of Assessment are mailed 45 days prior to the Public Hearing. The results of the ballot election are tabulated at the Public Hearing. 3.5 City Council conducts Public Hearing: A Public Hearing is conducted to review ballot results and to receive comments or protests from the property owners and the results. If a simple majority of the weighted assessment value property owner’s vote in favor of the project, the City Council may adopt the resolution forming the Assessment District. D-7 The term weighted assessment means that the vote of a property owner with a $20,000 assessment counts twice as much as the property owner with a $10,000 assessment. The ballot result is not the only factor that will be considered by the City Council. Other factors that may be considered include: ➢ How the neighborhood intends to address impacted property owners who have expressed a financial concern over the project. ➢ Level of neighborhood support ➢ City benefit from the project Step 4: Assessment District and Bond Sale 4.1 Notice of Assessment: If the Assessment District is formed, a notice of assessment and financing options will be mailed to each property owner. A property owner may pay the assessment within the 30-day cash collection period and receive a discount for bond financing costs. Property owners not paying within the 30 day period will have an assessment placed against their property in accordance with the Engineer’s Report and will pay off the assessment in semi-annual payments with their property tax bills. 4.2 Bond Sale The income from the sale of the bonds is used to finance the cost of the utility undergrounding project. Step 5: Construction of Underground Utility Improvements 5.1 Construction: The City will either enter into a contract with Southern California Edison to construct the improvements or advertise a contract for the construction. Bids are opened and a contract is awarded at a regular City Council meeting. Southern California Edison must complete portions of the work related to placing their facilities within conduits, however, much of the work may be advertised fo r competitive bids. When all properties are connected to the underground system, the utilities will convert to the underground system and utility wires and poles are removed. D-8 Frequently Asked Questions What are the typical costs? The cost of undergrounding overhead utilities lines varies greatly from project to project; however, a good estimate is $20,000 – $25,000 per property. This amount is typically paid through an assessment. In addition to the construction within the street, the service connection to the individual homes must also be reconstructed. Under Assessment District law, the cost for these private connections is the responsibility of property owners. However, the law also provides that property owners can fill out a consent form requesting the City to construct the service as well and in such cases, the cost is included in the assessment. The cost to reconstruct individual service connections will vary greatly depending upon distance from the street to the connection point, as well as the type improvements that are impacted by the construction. A good estimate for a 40-foot connection in lawn, or standard concrete or asphalt is $5,000. Will everyone pay the same amount? Generally no. The assessment process will determine the amoun t paid by various properties and will vary depending on the benefit the property receives from the project. For example properties with views greatly improved by the project will pay a higher assessment than a property with little or no improvement to view. How is the area of the district determined? The area of the district is determined by the neighborhood, in conjunction with Southern California Edison, to make sure the district boundaries works well with the electrical grid. Will all the wires and poles be removed? The undergrounding project will generally remove all wires and poles. There are some exceptions. Poles that support streetlights will not be removed. In addition, poles that support cellular communications will be removed if an alternate location can be found. How long should the process take? The length of the process will vary greatly from project to project depending on size, complexity, and availability of City funding and neighborhood support. It will take approximately 12 months to design the improvements and six months to form the assessment district. A good estimate of time for the entire process is three – four years. Why can’t the City pay for undergrounding utilities? Although the City is supportive of neighborhood undergrou nding projects, adequate funding is not available. The undergrounding program requires the City to advance the cost for engineering services to design the plans and to prepare the Engineer’s Report of Assessments. These costs, however, will be added to t he cost of construction and included in assessments. D-9 Does the City receive funding for undergrounding from Southern California Edison? Yes, however, these funds are limited and are generally used for projects along arterial roadways. Why can’t Edison pay for utility undergrounding? Unfortunately, undergrounding is expensive and there is no legal requirement for Edison to underground their facilities. What equipment will still be visible above ground? Will I get a chance to review proposed equipment locations before they are finalized? Transformers will be located in sub-surface vaults covered by typical manhole covers. Telephone systems also require above ground terminals. In addition many underground facilities will require air vents, which will be visible from the street. What is an Assessment District? An Assessment District is a financing tool used to fund the cost of a construction project over a period of time. With an assessment district, costs are apportioned to each parcel within the project boundary based upon the value of the special benefit conferred on that parcel. The amount each parcel pays is determined in the Engineer’s Report of Assessment. How will I pay the assessment? Assessments can be paid one of two ways, either the amou nt of the assessment can be paid in cash or it can be financed in which case it will be paid over a time period typically 20 years as part of the property tax bill. Property owners wishing to pay the entire amount up front will save the cost of interest. What is the term of the bond financing? Bonds are usually financed over 15 to 20 year terms. Can assessments be deferred for hardship cases? Individuals should consult with a tax advisor to determine if they qualify for the State of California Property Tax Postponement Program. If qualified, the utility undergrounding assessment may be deferred until the property is sold or the estate is settled. Information regarding the State of California Property Tax Postponement Program can be found at the California State Controller’s Office website, http://www.sco.ca.gov/col/taxinfo/ptp/faq/index.shtml. Property Owner Petition TO: Honorable Mayor and Members of the Rancho Palos Verdes City Council D-10 PETITION OF INTEREST OF PROPERTY OWNERS TO UNDERGROUND UTILITIES WITHIN THE CITY OF RANCHO PALOS VERDES We, the undersigned, being owners of property within the area of a proposed assessment district to be established under the MUNICIPAL IMPROVEMENT ACT OF 1913, Division 12 (Sections 10000, et seq.) of the Streets and Highways Code of the State of California (the "Act"), do hereby petition the City Council of the City of Rancho Palos Verdes (the "City") to forthwith commence and carry through to completion under the provisions of said Act, all proceedings for the formation of an ASSESSMENT DISTRICT as hereinafter described and for the acquisition of the hereinafter mentioned improvements within the City of Rancho Palos Verdes, County of Los Angeles, State of California. The area within the City, which we hereby request the City Council to form as an ASSESSMENT DISTRICT, as hereinabove mentioned, is shown on a map attached hereto as Exhibit A entitled "MAP OF PROPOSED UNDERGROUNDING ASSESSMENT DISTRICT FOR THE __________ NEIGHBORHOOD" The improvements, which we hereby request to be acquired for the benefit of the property within the above-mentioned proposed assessment district, are the conversion of existing overhead electrical and communications facilities to underground locations and the removal of poles. We understand: A. That the cost of the improvements will be assessed to the land , which benefits from the improvements including our land; B. 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 benefited parcels of land, and that a public hearing will be conducted on the report. C. That the cost of engineering, legal, and other incidental expenses will be included in the project cost; D. The estimated acquisition cost of the improvements to be financed from Assessment District for each parcel is $20,000 - $25,000. E. That each property owner may pay his assessment either in cash without interest or in installments with interest over a period of 15 to 20 years. F. If the parcel’s private property service connection to the utilities is not underground, then the property owner will be required to convert the service connection, at your own expense, after the utility undergrounding has been completed. The typical cost is $ 5,000. This expense may be added to the assessment. This petition is filed with you under and pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California. D-11 The petition may be filed in counterpart or may be joined with other petition for a similar work. ASSESSOR’S PARCEL NO: ______________________________________________ STREET ADDRESS OF PROPERTY: ________________________________________________________ OWNER’S SIGNATURE: _____________________________________________________________ OWNER’S NAME (PRINTED): _____________________________________________________________ DATE: ______________________________ MAILING ADDRESS (IF DIFFERENT FROM PROPERTY): _____________________________________________________________ Attach a check in the amount of $100 made payable to the City of Rancho Palos Verdes. The full cost of utility undergrounding in residential neighborhoods is the financial responsibility of property owners. The state of California has a postponement program, which may allow some property owners to defer payment. D-12 CITY OF RANCHO PALOS VERDES April 20, 2020 Stephanie Wang Administrative Law Judge, California Public Utilities Commission Marybel Batjer President, California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Via Email SUBJECT: CPUC Staff Proposal for Rule 20 Program Reform and Enhancements (R.17-05-010) The Honorable Judge Stephanie Wang, President Batjer and Members of the Commission : The City of Rancho Palos Verdes appreciates the extension of the deadline to submit comments on the staff proposal for the Rule 20 program in light of the ongoing COVID-19 public health emergency. We also appreciate the inclusion of fire threat mitigation as a proposed eligible criterion for Rule 20 funding. For the past year, the City has advocated for fire safety to be factored into the criteria so that cities can pursue undergrounding for fire prevention. The League of California Cities, the California Contract Cities Association, and numerous fire-prone communities across the state share this objective. For some background, most of the 66,000 plus residents on the Palos Verdes Peninsula live within a Tier 2 High Fire Threat District and a Very High Fire Hazard Severity Zone. Rancho Palos Verdes is the most populated California city with 90% or more of residents living in a Very High Fire Hazard Severity Zone, and the City is home to a 1 ,400-acre nature preserve that is traversed in some areas by power lines. It is well-known that overhead electric utility equipment has sparked some of the most destructive fires in state history, yet the Rule 20 program is still largely focused on eliminating visual blight. While undergrounding comes with its set of financial challenges, we believe it would be a valuable option for communities to address fire prevention. We note that the potential cost in damages from a major wildfire sparked by electric equipment could be astronomically higher than the cost of putting that equipment underground. And it is our City's belief that it is the utility purveyor's responsibility to not only provide reliable and affordable power, but to make sure its infrastructure is the safest possible. E-1 California Public Utilities Commission April 20, 2020 Page2 This is why we urge the commission not to sunset the Rule 20A program, nor eliminate work credit trading, which has enabled communities to pursue undergrounding projects. The analysis seems to suggest that requiring applicants or taxpayers to foot most of the bill for these costly projects under the proposed modified Rule 208 program would be realistic and feasible. We urge the CPUC to restore funding to the Rule 20A program, and to reduce the financial burden on communities that are not responsible for the condition of the equipment putting them at risk for fires. Additionally, the Rule 208 program should not be subject to annual limitations for the amount of ratepayer funds a community can spend or the miles of lines that a community can convert to underground. It is imperative that fire threat mitigation be added to the Rule 20A program criteria. The City also supports including the other proposed public safety criteria, including streets that serve as designated evacuation routes. The Palos Verdes Peninsula has only a few major arteries that could serve as evacuation routes in an emergency. Projects that meet the expanded public safety criteria deserve more than a "modestly" higher level of ratepayer contribution under the proposed tiered Rule 208 program. Wildfire prevention is in the interest of all ratepayers. In closing, the City greatly appreciates the consideration given to the safety concerns raised by our community and others interested in pursuing undergrounding for fire prevention. We caution, however, that shifting most of the financial responsibility to project applicants and taxpayers would present new hurdles. Sincerely, ~k Joh~shank Mayor cc: Ted Lieu, U.S. Representative, 33rd Congressional District Dianne Feinstein, U.S. Senator, California Kamala Harris, U.S. Senator, California Ben Allen, Senator, 26th Senate District AI Muratsuchi, Assembly Member, 66th Assembly District Janice Hahn, L.A. County Supervisor, 4th District Jeff Kiernan, League of California Cities Meg Desmond, League of California Cities Marcel Rodarte, California Contract Cities Association Rancho Palos Verdes City Council Ara Mihranian, City Manager E-2 1 James O'Neill Subject:FW: Comments on Proposed Revision to Undergrounding Guidelines From: Dale Spiegel <spiegda@gmail.com>   Sent: Monday, October 26, 2020 9:39 AM  To: CC <CC@rpvca.gov>  Cc: Ara Mihranian <AraM@rpvca.gov>; Ken Rukavina <krukavina@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>  Subject: Comments on Proposed Revision to Undergrounding Guidelines  This email addresses Consent Calendar Item G from the October 20, 2020 agenda, which I believe is being carried forward to the  November 4, 2020 agenda.  I believe that this item is not appropriate for the Consent Calendar, and in addition requires a more studied analysis before  action should be taken ‐ it might be discussed on November 4, but acceptance or rejection should be at a later meeting.  I am addressing this as an individual homeowner.  First, after waiting 15 years, this revision is being taken when the CPUC is still considering revisions to Rule 20. Why not wait and  address this AFTER the CPUC review is completed.  Second, the Agenda Report does not discuss any experiences the City has had with the existing rules as an explanation for the  changes. There should be proper discussion of such experience.  Third, at least one major revision was made by the City Attorney at the last minute. Required concurrence of affected property  owners was reduced from 66% to "at least 50%". This means that if a undergrounding project affects just 2 owners ‐ my  neighbor and me ‐ and he wishes it to proceed, he can push it ahead against my objection. This is a taxing law and should meet a  higher standard than 50%. WHY IS THERE NO DISCUSSION OF SIGNIFICANT CHANGES LIKE THIS AND THEIR IMPACT?  Fourth, if you read the allocation of costs language, they are allocated based on alleged benefit but there are very little by way  of standards. There could be great abuse. At a minimum we should see specific discussion of this and examples. Also, the  standards of City Council review should be made much clearer.  Fifth, I write this as a homeowner, but also as a member of an HOA. It is unclear in the headcount and other process as to  whether if it is the common area of an HOA that abuts the proposed project, whether the headcount requirements give each of  the members of the HOA an individual vote, or perhaps the HOA gets to vote all of the headcount of its members as a block, or  whether the HOA gets only one vote even though the affected parties are the full HOA membership. One might raise similar  questions if the project is within an HOA.  Sixth, there is no discussion on how the rule changes are to be applied to existing projects or projects that were turned down  under the older, stricter standards. That should be specifically addressed.  There has not been time to address other points, but these should be enough to raise appropriate concerns: Please do this once  and do it right.  Dale Spiegel  310.779.4710  F-1