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Resolution 2020-13RESOLUTION NO.2020-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CREATING A UTILITY UNDERGROUNDING DISTRICT ALONG MONTEREY ROAD FROM SOUTH OF EIGHTH STREET TO TENTH STREET WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32, and WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground, and WHEREAS, the City of Gilroy, has adopted an ordinance authorizing the City Council to designate areas within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, each year the City of Gilroy is notified by PG&E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations, and WHEREAS, the Director of Public Works for City of Gilroy has consulted with PG&E and determined that the City has accumulated Rule 20A work credits or PG&E has agreed that the City may borrow against future credits sufficient to complete a future overhead to underground conversion project, and WHEREAS, the City of Gilroy and the affected utilities will agree that each utility shall complete the engineering of their respective portion of the Overhead to Underground Utility Conversion in the Monterey Road Undergrounding district, and WHEREAS, the City Council of the City of Gilroy has now received the report from the Director of Public Works recommending that the area identified in Exhibit 1 should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and RESOLUTION NO.2020-13 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gilroy that: Section 1. The public interest requires the removal of all existing utility poles [excepting those poles supporting streetlights or traffic signals], overhead wires and associated overhead structures and installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas as shown in Exhibit 1, attached hereto, with such area being designated as the Monterey Road Underground Utility District, and Section 2, That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in Monterey Road Underground Utility District and that as each phase of undergrounding is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified of the schedule for conversion of all utility service lines, and Section 3, The electric utility shall use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in Monterey Road Underground Utility District a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City of Gilroy, and Section 4. The electric utility shall use said underground conversion allowance allocation, up to a maximum amount of $1,500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the Monterey Road Underground Utility District, and Section 5. That upon notification as specified in Section 2, all property owners in Monterey Road Underground Utility District shall have each property served from such electric overhead facilities shall have installed in accordance with PG&E's rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of PG&E as soon as it is available; and underground electrical entrance facilities installed and inspected pursuant to the City of Gilroy Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the Director of Public Works who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements, and 2 RESOLUTION NO.2020-13 Section 6. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in Monterey Road Underground Utility District, and PG&E is authorized to discontinue its overhead electric service upon completion of the underground distribution system. PASSED AND ADOPTED this 2°d day of March, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, MARQUES, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TTE a Freels, lerk J NONE NONE APPR VE : Ro an Velasco, Mayor RESOLUTION NO.2020-13 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2020-13 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on Council held on the 2nd day of March, 2020, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 4t' da f March, 2020. Shawna Freels, City Clerk of the City of Gilroy (Seal)