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04.08.24 TAB Agenda 6 - Streetlight DCS-BRC updates CITY OF BOULDER TRANSPORTATION ADVISORY BOARD INFORMATION ITEM TO: Transportation Advisory Board FROM: Brad Mueller, Planning and Development Services Director Natalie Stiffler, Transportation and Mobility Director Edward Stafford, Civil Engineering Senior Manager – P&DS Devin Joslin, Civil Engineering Senior Manager – T&M Merry Martin, Senior Project Manager DATE: 4/8/2024 SUBJECT: Information Item: Proposed Ordinance 8631 Related to DCS Updates for Streetlighting Standards EXECUTIVE SUMMARY: The city is currently in the process of acquiring the street lighting system from Xcel Energy as a part of a City Council approved and 2023 budgeted project. As part of the streetlight acquisition project, staff is proposing updates to the streetlighting standards found in the Design and Construction Standards (DCS) and proposing adding new streetlighting fees to B.R.C. 1981. If you have questions about this proposed ordinance, please contact Edward Stafford by email at StaffordE@bouldercolorado.gov or phone at 303-441-4276. BACKGROUND: The city has been assessing options for converting the current street lighting system to LED luminaires to provide for energy savings/GHG reduction, cost savings, reduced maintenance, better visual acuity, and the ability to remotely monitor and control the 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 1 of 12 street lighting system. In July 2022 the City Council heard several options and directed staff to proceed with acquiring the current streetlighting system from Xcel Energy. The 2023 work program and budget included this project. The City’s current Design and Construction Standards (DCS) state that the Public Service Company of Colorado (PSCO) (now known as Xcel Energy) is responsible for providing streetlighting in Boulder as requested by the city. This standard reflects past practices consistent with PSCO ownership of streetlighting within Boulder. With the city’s streetlight acquisition, the DCS must be updated to reflect the city’s new responsibilities for streetlighting as PSCO will no longer be involved in the provision of streetlighting in the city. Staff have drafted and are proposing an ordinance to City Council to repeal and re-enact Section 2.12, Streetlighting of the Design and Construction Standards. The DCS would be updated to specify that the city acquires, owns, and installs streetlighting in public streets and alleys along with revisions that render the language consistent with current city practices in locating and designing streetlighting. The ordinance also amends the Boulder Revised Code to adopt new streetlighting fees that would be paid by applicants for private development that create a need for and are required to provide new installation, relocation, or removal of streetlighting. In such cases the city would install, relocate or remove the streetlighting, and the fee would cover the city’s costs associated with providing that service. The purpose of this item is to inform the Transportation Advisory Board that City Council will be considering action on Ordinance 8631 titled “AN ORDINANCE UPDATING STREETLIGHTING STANDARDS BY AMENDING THE CITY OF BOULDER DESIGN AND CONSTRUCTION STANDARDS (DCS), ORIGINALLY ADOPTED PURSUANT TO ORDINANCE 5986, AND ADDING A NEW SECTION 4-20-77, STREETLIGHTING “FEES,” B.R.C. 1981; AND SETTING FORTH RELATED DETAILS.” The ordinance is scheduled for introduction and first reading on April 11, 2024, and for second reading on May 2, 2024. The ordinance is proposed in order to update streetlighting standards in advance of the City’s acquisition of the streetlight system from Xcel Energy. Attached for more information is the City Council first reading staff memorandum, which also includes the proposed ordinance. This notice is for informational purposes and does not require Transportation Advisory Board action. If you have questions or concerns about this proposed ordinance, please contact Edward Stafford by email at StaffordE@bouldercolorado.gov or phone at 303-441-4276. ATTACHMENTS: Attachment A - Streetlight Consent Agenda Informational Memo Attachment B - 1st Reading ordinance-8631 D.C.S.04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 2 of 12 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: 4/11/2024 AGENDA TITLE Introduction, first reading and consideration of a motion to publish by title only Ordinance 8631, updating the streetlighting standards by amending the City of Boulder Design and Construction Standards (DCS), originally adopted pursuant to Ordinance 5985, and adding a new Section 4-20-77, “Streetlighting Fees,” B.R.C. 1981, and setting forth related details. PRESENTER(S) Nuria Rivera-Vandermyde, City Manager Brad Mueller, Planning and Development Services Director Natalie Stiffler, Transportation and Mobility Director Hella Pannewig, Senior Counsel Veronique Van Gheem, Assistant City Attorney III Edward Stafford, Civil Engineering Senior Manager – P&DS Devin Joslin, Civil Engineering Senior Manager – T&M Merry Martin, Senior Project Manager EXECUTIVE SUMMARY The city is currently in the process of acquiring the street lighting system from Xcel Energy as a part of a 2023 budgeted project. The Design and Construction Standards (DCS) contain limited details about streetlights and currently provide that the Public Service Company of Colorado (PSCO) (now known as Xcel Energy) is responsible for providing streetlighting in Boulder. This standard reflects past practices consistent with PSCO ownership of streetlighting within Boulder. With the city’s streetlight acquisition, the DCS must be updated to reflect the city’s new responsibilities for streetlighting. This 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 3 of 12 proposed ordinance would repeal and re-enact Section 2.12, Streetlighting of the Design and Construction Standard, and would specify that the city acquires, owns, and installs streetlighting in public streets and alleys. The ordinance also adopts new streetlighting fees that would be paid by applicants for private developments for new installation, relocation, or removal of streetlighting. STAFF RECOMMENDATION COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS •Economic – Acquiring streetlighting will provide economic benefit to the City, and these updates will support on-going activities once the streetlights are acquired. •Environmental – Acquiring streetlighting will allow the City to install fixtures that focus light where it is intended to go, minimizing upward glare and preserving the night sky for viewing. Dimming and color temperature selection will also provide benefit to local nightlife and sky visibility. •Social – Quality lighting will provide social benefits to the community in providing properly lit right of way for safe travel. OTHER IMPACTS •Fiscal - As previously approved by City Council as part of the 2023 budget approval process: acquisition, separation and conversion of the Xcel Energy streetlights will be funded from the CCRS (Community, Culture, Resilience and Safety Tax) tax fund. The new fees proposed in this ordinance would provide cost recovery for the city’s work on streetlighting related to private development projects. •Staff time – This effort is part of the workplan for the Streetlight Acquisition Project. Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8631, updating the streetlighting standards by amending the City of Boulder Design and Construction Standards (DCS), originally adopted pursuant to Ordinance 5985, and adding a new Section 4-20-77, “Streetlighting Fees,” B.R.C. 1981, and setting forth related details. 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 4 of 12 RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE None. BOARD AND COMMISSION FEEDBACK The Planning Board and Transportation Advisory Board will be advised of these proposed changes at their April meetings. Any feedback received from them will be included in the second reading packet for this ordinance. PUBLIC FEEDBACK The city engaged the public regarding the LED conversion project, but no specific public feedback was sought regarding this ordinance. BACKGROUND For many years the city has been interested in converting the Xcel Energy streetlight system to LED luminaires for energy savings/GHG reduction, cost savings, reduced maintenance, better visual acuity, and the ability to remotely monitor and control the street lighting system. The city was constrained in effecting this change due to the existing regulatory structure that governs Xcel Energy’s offerings and the limited technological solutions that Xcel Energy has available. Following the community vote to enter into a new franchise agreement with Xcel Energy, the city and Xcel Energy launched a project to explore solutions to achieving these goals. A formal project, staffed by city and Xcel Energy staff, was launched beginning in November 2020 to explore options that included: • LED conversion through Xcel Energy’s existing program with and without upfront investment from the city • Developing an alternative program offering and rate design in coordination with Xcel Energy and other communities that could be presented to the Public Utility Commission (PUC) • Acquisition of the streetlighting system by the city and subsequent retrofit Based on the project team’s analysis, the joint recommendation was that acquisition was the preferred pathway to proceed. City Council unanimously agreed with the staff recommended approach in July 2022 and the associated work program was incorporated into the 2023 budget. There are two phases of the streetlight acquisition process that are now actively under way: (1) legal acquisition from Xcel Energy; and (2) contracting for the separation, conversion and on-going maintenance of the lights once purchased by the City of Boulder. Please see the study session memo from July 28, 2022 and the information packet from August 17, 2023 for more background information, including staff’s analysis of the 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 5 of 12 existing system condition, cost/benefit analysis of system acquisition, maps of the Xcel and City Streetlight system, acquisition and engagement details. As part of the acquisition from Xcel, staff is working to update streetlighting standards by amending the City of Boulder Design and Construction Standards (DCS) and by adding a fee section to B.R.C. 1981. The process to acquire Xcel’s streetlights remains on track and within budget. The city and Xcel are nearing a successful completion of negotiations and expect that an application will be made to the Colorado Public Utilities Commission (CPUC) to approve the acquisition of the streetlight system in Q2 2024, with the potential for the acquisition to be completed in Q3 2024. Separation and conversion work is expected to begin in mid 2024 and take approximately 2 years to complete. ANALYSIS The City is moving forward with finalizing the streetlight purchase from Xcel Energy, in which the city will acquire approximately 4500 streetlights. The City of Boulder Design and Construction Standards (DCS) currently indicate that the Public Service Company (PSC) of Colorado is responsible for providing streetlighting as requested by the City. As part of the city’s overall streetlight acquisition effort, this responsibility will be transferred to the city. To support this, staff is seeking City Council approval to repeal and re-enact Section 2.12, Streetlighting of the City of Boulder Design and Construction Standards. The revised DCS would specify that the city acquires, owns, and installs streetlighting in public streets and alleys. The ordinance also amends the Boulder Revised Code to adopt new streetlighting fees that would be paid by applicants for private development that create a need for and are required to provide new installation, relocation, or removal of streetlighting. In such cases the city would install, relocate or remove the streetlighting, and the fee would cover the city’s costs associated with providing that service. Previously, applicants worked directly with and paid Xcel Energy for these services. The streetlighting standards include other revisions that render the language consistent with current city practices in locating and designing streetlighting and easement dedication requirements that ensure that the city has the necessary rights to install, access, maintain and repair streetlighting. NEXT STEPS If City Council makes a motion to approve the first reading of the proposed updates on April 11, 2024, then a second reading is scheduled for the consent agenda at the May 2, 2024 council meeting. 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 6 of 12 Should the City Council adopt the proposed changes staff will update the published version of the Design and Construction Standards, and the changes will go into effect 30 days after their adoption. ATTACHMENT(S) Attachment A – Proposed Ordinance 8631 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 7 of 12 K:\PLCU\1st rdg o-8631 D.C.S. Streetlighting Amendments-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8631 AN ORDINANCE UPDATING STREETLIGHTING STANDARDS BY AMENDING THE CITY OF BOULDER DESIGN AND CONSTRUCTION STANDARDS (DCS), ORIGINALLY ADOPTED PURSUANT TO ORDINANCE 5986, AND ADDING A NEW SECTION 4-20-77, “STREETLIGHTING FEES,” B.R.C. 1981; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. The city council hereby repeals and re-enacts Section 2.12, Streetlighting of the City of Boulder Design and Construction Standards, originally adopted by Ordinance 5986 (and amended by Ordinances 7088, 7400, 7688, 8006, 8324, 8370, 8561 and 8608), to read as shown in Attachment A attached to and hereby incorporated into this ordinance. Section 2. Chapter, 4-20, “Fees,” B.R.C. 1981, is amended to add as follows: 4-20-77.- Streetlighting Fees. An applicant for a development including installation, relocation, or removal of streetlighting in a public street or alley shall pay the following fee for each streetlight, as applicable: (a) For steel poles: (1) New installation ………………………………………………………….$16,514 (2) Relocation where existing light had an aerial electrical service………….$17,014 (3) Relocation where existing light had an underground electrical service…...$9,874 (4) Removal…….………………………………………………………..…….$1,910 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 8 of 12 K:\PLCU\1st rdg o-8631 D.C.S. Streetlighting Amendments-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) For wood poles: (1) New installation …………………………………………………………$11,494 (2) Relocation where existing light had an aerial electrical service…………$11,494 (3) Relocation where existing light had an underground electrical service.….$4,354 (4) Removal…………………………………………………………………...$1,410 (c) For post-top: (1) New installation …………………………………………………………$12,374 (2) Relocation....................................................................................………….$5,234 (3) Removal……………………………………………………….…………...$1,410 Section 3. The city council orders and directs the city manager to make any additional citation, reference, and formatting changes to the City of Boulder Design and Construction Standards not included in this ordinance that are necessary to properly implement these amendments to the City of Boulder Design and Construction Standards. Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 5. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 9 of 12 K:\PLCU\1st rdg o-8631 D.C.S. Streetlighting Amendments-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this11th day of April 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 2nd day of May 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 10 of 12 2.12 Streetlighting (A) Scope The provisions of this section shall apply to streetlighting in public streets and alleys. (B) Private Development. Installation, relocation, or removal of streetlighting may be proposed by an applicant or may be required by the Director as part of a development approval under Title 9, "Land Use Code," B.R.C. 1981. (C) City Projects The Director decides whether and where streetlighting may be provided, relocated, or removed considering the standards in this Section 2.12. (D) Street Types In determining whether streetlighting shall be installed or relocated in or removed from the public right-of-way, the Director shall consider the ANSI/IES RP-8-22, Illuminating Engineering Society Recommended Practice: Lighting Roadway and Parking Facilities (IES), as modified by the following standards: (1) Arterial Streets: Corridor lighting may be required or provided based on IES standard practices. (2) Collector Streets: Streetlighting may be required or provided only at intersections and identified pedestrian crossings. (3) Other Streets (Local): Streetlighting may be required or provided only at identified pedestrian crossings. (4) Alleys: Streetlighting may be required or provided in alleys in commercial areas with significant night-time pedestrian activity. Streetlighting is not provided in other alleys. (E) Design Standards (1) Design: Streetlighting shall have an LED light bulb within a full cut-off fixture that is installed in a horizontal position as designed. Streetlight poles shall be steel poles or wood poles. The pole material shall be determined by the Director and shall be generally consistent with the poles in the surrounding area. Relocation of a pole requires installation of a current pole design of the City. (2) Location: Poles shall be located so that the center of the pole is three feet behind the face of the curb. The Director may approve a different pole location that is between three feet and six feet behind the face of the curb where necessary to accommodate the needs of other public right-of- way uses in the sidewalk area. Streets with a detached multi-use path or sidewalk may have streetlighting between the curb and multi-use path or sidewalk provided there are two feet of horizontal clearance between the nearest face of the pole and the edge of the multi-use path or sidewalk. Where a multi-use path or sidewalk are attached to the street’s curb and gutter, 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 11 of 12 streetlighting shall be placed with two feet of horizontal clearance between the nearest face of the pole and the edge of the multi-use path or sidewalk. (F) Installation The City will acquire, own, and install all streetlighting that is to be installed in public streets or alleys as part of a private development or a City project. The City also performs relocation and removal of streetlighting. An applicant shall coordinate any construction of improvements in the public street or alley with the City’s installation, relocation, or removal of the streetlighting. (G) Easements Adequate rights-of-way, public access easements, or utility easements shall be dedicated to the City to allow the City to install, access, maintain, repair, and reinstall streetlighting and their associated facilities, such as cables, conduit, and pull boxes. The Director will determine the type and size of dedication based on the location of the streetlighting. (H) Fees An applicant for a private development including new installation, relocation, or removal of streetlighting in a public street or alley shall pay the applicable streetlighting fee prescribed by Section 4-20-77, “Streetlighting Fee,” B.R.C. 1981, at the time of submittal of construction plans for approval under Section 1.03, “Submittal Requirements for Construction Approval” or, if no such submittal is required, prior to issuance of a building permit. 04.08.24 TAB Agenda 6 - Streetlight DCS-BRC Updates Page 12 of 12