HomeMy WebLinkAbout2010-04-27; City Council; Resolution 2010-09615
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RESOLUTION NO. 2010-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A
CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY
DISTRICT NO. 19 ON EL CAMINO REAL BETWEEN
TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT
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NO. 3957.
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WHEREAS, on April 6, 2010, the City Council of the City of Carlsbad adopted Resolution
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No. 2010-070 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the
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Carlsbad Municipal Code and calling a public hearing to determine whether or not the public
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health, safety or welfare requires the formation of an underground utility district in a portion of the
9 City of Carlsbad; and provides for the formation in the City of Carlsbad of underground utility
10 districts to accomplish the orderly removal of existing overhead facilities and the construction of
new underground facilities; and
12 WHEREAS, pursuant to Resolution No. 2010-070, a public hearing was held on April 27,
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2010, at 6:00 p.m., in the Council Chambers in the City Hall, Carlsbad, California, to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires and
associated overhead structures and the underground installation of wires and facilities for
supplying electric, communication or similar or associated service, within that certain area of the
City describe as follows:
On a portion of El Camino Real from Chestnut Avenue to 3,000 feet south including two
parcels at 3821 and 3851 El Camino Real as shown on that certain map entitled
"Underground Utility District No. 19", on file in the Office of the City Clerk and
incorporated by reference herein; and
WHEREAS, said hearing was also held to determine whether or not the City should
continue proceedings to create and implement an underground utility district to accomplish said
removal and installation; and
WHEREAS, notice of said hearing, in the manner and for the time required by law, was
given to all affected utility companies and property owners as shown on the last equalized
assessment roll; and
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WHEREAS, said hearing has been duly and regularly held, and all persons interested
have been given an opportunity to be heard; and
WHEREAS, the underground project will be performed as a San Diego Gas and Electric
Rule 20B project where the City of Carlsbad pays for most of the undergrounding costs; and
WHEREAS, San Diego Gas & Electric requires that property owners in Rule 20B
projects agree in writing to have wiring changes made on their premises.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. The City Council of the City of Carlsbad, California, hereby finds and determines
that the public health, safety and welfare require the removal of poles, overhead wires and
associated structures, and the underground installation of wires and facilities for supplying electric,
communication or similar or associated service in the above-described area hereby expresses its
intent to initiate proceedings for the formation of an underground utility district for the above-
described area.
3. That said area is hereby declared to be an underground utility district, and is
designated as Underground Utility District No. 19 of the City of Carlsbad.
4. That the Project Manager obtain the written consent of the affected property
owners to have wiring changes made on their premises.
5. That the City Council finds that said District is in the public interest for the
following reasons:
A. The streets in the District are extensively used by the general public and
carry a heavy volume of vehicular or pedestrian traffic.
B. The street adjoins and passes through a civic or public recreation area or
an area of unusual scenic interest to the general public.
C. It will eliminate a heavy concentration of overhead electric facilities.
6. The City Clerk is hereby instructed to notify all affected utilities and all persons
owning real property within Underground Utility district No. 19 of the adoption of this resolution
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within ten (10) days after the date of such adoption. Such notification shall be made by mailing a
copy of this resolution, together with a copy of Chapter 11.08 of the Carlsbad Municipal Code, to
affected property owners as such are shown on the last equalized assessment roll and to the
affected utilities.
6. That the City Council does hereby order said removal and installation within said
District. The City Council will fix by subsequent resolution the time within which such removal and
installations shall be accomplished.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of April, 2010, by the following vote to wit:
AYES: Council Members Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Mayor Lewis
CLAUDE
Ann J. Kulchin, Mayor Pro-Tern
ATTEST:
LORRAINE.
(SEAL)
Karen R. Kundtz, Assistant City Clerk