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Home My WebLink About1991-09-03; City Council; 11326; UNDERGROUND UTILITY DISTRICT NO. 13 TAMARACK AVENUE FROM CARLSBAD BOULEVARD TO INTERSTATE 5, PROJECT NO. 3203 PUBLIC HEARING+e r Adopt Resolution N0,91~&'il Declaring and Designating a Certain Part of the City as Underground Utility District No. 13. ITEM EXPLANATION: Council on August 6, 1991, adopted Resolution No. 91-247 expressing intent to determine whether to form an underground utility district and setting a public hearing for September 3, 1991. All affected property owners within the proposed district boundaries were notified of the public hearing at least fifteen (15) days in advance by mail. The boundaries of the proposed district include Tamarack Avenue from Carlsbad Boulevard to Interstate 5, as shown on Exhibit 1. Staff has met in the field with representatives of the utility companies and established the exact boundaries of the district with due consideration for the location of utility facilities, services to exi sting bui 1 di ngs and property boundaries . This district is being accomplished as a part of the Tamarack Avenue Widening Capital Improvement Project. Counci 1 Pol icy No. 41 , Undergrounding of Overhead Utilities, states that "Street widening projects shall not be accomplished without including undergrounding." This has been done with the Tamarack Avenue project and the costs of all undergrounding within the public right-of-way will be paid for by the City under the CIP project. The purpose of forming the district is two-fold. First, as the City is paying for the cost of the street widening and undergrounding, it is reasonable to require each property owner to pay the nominal cost of $1000 to $1500 to underground their services on their private property. Second, if any property owner does not provide service in a timely manner, the City Engineer would be authorized to enter private property and perform the connection. procedure is attached as Exhibit 3. e 0 -- * c Page 2 of Agenda Bill No. //! 326 Each property owner will be responsible for undergrounding their own service at an approximate cost of $1,000 to $1,500 per service. EXHIBITS : 1. Location map of Underground Utility District No. 13. 2. Resolution No. ?i/-a'=?l Declaring and Designating a Certain Part of Said City as Underground Utility District No. 13 and Making Orders in Regard Thereto. 3. Flow Chart: Formation of an Underground Utility District. 4. Map of Underground Utility District No. 13 (on file in the Office of the City Clerk.) .- e L 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 26 27 28 0 0 RESOLUTION NO. 9 1 - 2 9 1 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. 13 AND MAKING ORDERS IN REGARD THERETO WHEREAS, on August 6, 1991, the City Council of the City of Carlsbad adopted Resolution No. 91-247 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a public hearing to determine whether or not the public health, safety or welfare requires the formation of an underground utility district in a portion of Carlsbad; and WHEREAS, pursuant to Resolution No. 91-247, a public hearing was held on September 3, 1991, at the hour of 6:OO p.m., in the Council Chambers in the City Hall, Carlsbad, California, to ascertain whether the public health, safety or we1 fare requires the removal of poles, overhead wires and associ ated 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 described as follows: Tamarack Avenue from Carlsbad Boulevard to Interstate 5 as shown on that certain map entitled "Underground Uti 1 i ty District No. 13" dated July 18, 1991, on file in the Office of the City Clerk and incorporated by reference herein. WHEREAS, said hearing was also held to determine whether or not the City should continue proceedings to create and implement an underground uti1 ity 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 to property owners as shown on the last equalized assessment roll ; and WHEREAS, said hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: J. 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 26 27 28 0 0 1. That the above recitations are true and correct. 2. That 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. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No. 13 of the City of Carlsbad. 4. That the City Council finds that said District is in the public interest for one of the following reasons: A. It will eliminate an unusually heavy concentration of overhead electric facil i ties. B. The streets in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehi cul ar traffic. C. The streets adjoin or pass through a civic or public recreation area or an area of unusual scenic interest to the general pub1 i c. 5. That the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 13 of the adoption of this resolution 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 The City Council will fix by subsequent resolution the within said District. -. c - 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 time within which such removal and installation shall be accomplished, and within which affected property owners must be ready to receive underground service. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad , 1991, by the following vote, City Council held on the 3rd day of September to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: *L* i?TE$i-hk (SEAL) - August 7, 1991 NOTICE OF PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT NO. 13 On August 6, 1991, the City Council declared its intent to initiate proceedings to determine whether to require the formation of an underground utility district on portions of streets which affects property that you own. NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 p.m., on Tuesday, September 3, 1991, to consider whether to form an underground utility district on portions of Tamarack Avenue from 1-5 to Carlsbad Boulevard. As an owner of property affected by the proposed district, you are cordially invited to attend the public hearing. The proposed district will place all overhead e€ectric, teleDhone and cable television lines underground and remove all utility poles entirely at the City of Carlsbad’s expense. However, the service to each building or residence must be placed underground by the property owner at the owner’s expense. The cost of this is estimated to be approximately $loo0 to $1500 and may be less in some cases. If you would like more information, an informal meeting to answer your questions will be held on Thursday, August 15,1991, between the hours of 3:00 p.m. and 7:00 p.m. in the City Council Chambers, 1200 Carlsbad Village Drive. You may drop in at any time and leave when you wish. district is attached, along with a reminder of the two meetings. Principal Civil Engineer RHA:jkb Attachment c: City Engineer Municipal Projects Manager City Clerk San Diego Gas & Electric Company Pacific Telephone Daniels Cablevision 43 2075 Las Palrnas Drive - Carlsbad, California 92009-1 51 9 - (61 9) 438-1 161 I DISTRICT No. 1 3 1 UUD 13 CI CI v, 5 22 e.cu \ c ‘W .d w CI v)w c “0 u p:eu W Tv) 3 w n v) zs %I” z A urn cez e coo p:O uzx W3W ZOp: rp: -l 0-v) a- -l UUUd wncw up: az-x e.wox W32p: -inbe z ww no I- 3OCS a0 Ot3O snwc Y 5: m w-e -Jc w- 20 SF 0% =zc -zaw E3v) doex umu 000 v) VLX: we ==Y) ZE * c H d H c => = n t3 z => z < LL 0 z 0 H I- e E wo ELL &= c CL v)w w-0 t * -cw V LL-W 3 +- e -E Oh0 v) > ZZZ z p: e. YP c S& Udz p: n a a v)=>W zv) w S az WO Wv)+--z Mac aez3: avo +a- ewuo Em -lW- x v)v) Wp: uooc cze u-wv) e =3aL -uwv) FWCL m3ow $ -p:u =>oav) uar v) CLvCLe SO UZZO zv) YZg wo- ueoz EfLLo -0u -Jew W3 >We.U -ad WX Wv) ZW >a I I -Izcw 1 > u 0. x oe 3s w3 7 c3 z PLV LX:= -t nk EZn axzY U x >3 c Ja At0 JVC u-e.v) -3c uaw ZtV m3Zn 3-x w 3v)r 300a ow- z 0-0 avmo vac z unu z a0 v) -t ww CI mxu W+ w > E& CLz ZFea 0x0 zz-l 8 n- 0 e.EV W0-l 25 F-W QLLZ oz ClZW .. t-wv) --vou u-l e -e.= AZZW zow V UX- --a c b A I v) S I- v) 0 * ). z e e.. 0. oz v) -x 0 mx 05 U W 0 w WY I- t WU-I m W-* +a cc> a -x= z -v)u < e a ew-0 x-- w EOd n c( W w z CI WE0 -OW auv) owe earn a a Wv) ntcs ZW UU => =- axzw 0 CIW 2 V WZI- V-C 0 cIv)3W c -au zwuz a WMUZ ccn dZv) -0z -<z0 VZe tdOZ 3CLVe >:OS -v)cv) w a W -7' I VAGENAS WILLIAMtNIKOLICHA ESTES HELEN M <LE> IXILSON JONES MABEL E TR 316 W COLORADO 390 TAMARACK AVE 325 CALLE FELICADAD ARCADIA CA 91007 CARLSBAD CA 92008 SAN CLEMENTE CA 92672 HOGAN JAMES R SR MUNOZ PEDROtUMENO RAE KELLY 68-852 DURANGO RD P 0 BOX 611 P 0 BOX 2060 CATHEDRAL CITY CA 92234 KILAUEA HI 96754 CARLSBAD CA 92018 SHUSTER WILLIAM SANCHEZ NOEtADELA AHEARN JOHN J JR&DORO'I 400 N MYERS ST #6 270 TAMARACK AVE 260 TAMARACK AVE OCEANSIDE CA 92054 CARLSBAD CA 92008 CARLSBAD CA 92008 JEFFREY CARL J6rDEBORAH L DAVIS KATHRYN G 250 TAMARACK AVE 234 TAMARACK AVE CARLSBAD CA 92008 CARLSBAD CA 92008 MC EWEN WALTER LtHELEN A PONTE LOWELL AtELLEN L JAIME CESILIO A&SYLVIP 3940 GARFIELD ST 522 TAMARACK AVE 600 TAMARACK AVE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 HENKINS ELLIOTT MtBERTHA JEFFRESS MARGARET TR KONNERTH DAN N 438 TAMARACK AVE 548 TAMARACK AVE 4060 HUERFANO AVE #341 CARLSBAD CA 92008 CARLSBAD CA 92008 SAN DIEGO CA 92117 EALY HARRISON TAMARACK NO 237 CROSTHWAITE ANGEL AtDC 2521 1/2 S VISTA WAY #212 580 BEECH AVE 245 TAMARACK AVE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 TAMARACK PARTNERS BOYD LEE G&EMMA A 'I'RS TAMARACK PORPERTY INVJ 780 CHAPARRAL LN 391 TAMARACK AVE C/O RODNEY C MILES ESCONDIDO CA 92025 CARLSBAD CA 92008 P 0 BOX 6905 LAGUNA NIGUEL CA 9260' TAMARACK PORPERTY INVESTO TAMARACK PORPERTY INVESTO HERNANDEZ MARIO G&ALVI C/O RODNEY C MILES C/O RODNEY C MILES 437 TAMARACK AVE 29571 SEAHORSE COVE P 0 BOX 6905 CARLSBAD CA 92008 LAGUNA NIGUEL CA 92677 LAGUNA NIGUEL CA 92:607 <' m 0 - KERR JOHN JCEDITH A MUSSER JOHN B&MARY J EALY HARRISON D 833 E MARGARITA ROAD 16706 E CYPRESS AVE C/O NELSON MGMT SERV RIALTO CA 92376 COVINA CA 91722 2521 1/2 S VISTA WAY # CARLSBAD CA 92008 MILLS JACK B SAHAGUN JOSEPHINE L TR P 0 BOX 991 625 TAMARACK AVE CARLSBAD CA 92018 CARLSBAD CA 92008 RES I DENT RESIDENT a RESIDENT 3895 GARFIELD STREET a 380 TAMARACK AVENUE 370 TAMARACK AVENUE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RESIDENT RESIDENT RESIDENT 350 TAMARACK AVENUE 310 TAMARACK AVENUE 308 TAMARACK AVENUE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RESIDENT RESIDENT RESIDENT 3894 GARFIELD STREET 3905 GARFIELD STREET 3900 GARFIELD STREET CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RESIDENT RESIDENT RESIDENT 237 TAMARACK AVENUE 305 TAMARACK AVENUE 411 TAMARACK AVENUE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RESIDENT RESIDENT RESIDENT 421 TAMARACK AVENUE 431 TAMARACK AVENUE 447 TAMARACK AVENUE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RES1 DENT RESIDENT 511 TAMARACK AVENUE 545 TAMARACK AVENUE CARLSBAD CA 92008 CARLSBAD CA 92008 ,. e m September 9, 1991 UNDERGROUND UTILITY DISTRICT NO. 13 - TAMARACK AVENUE This letter is to notify you that at a public hearing held by the City Council on September 3, 1991, the City Council approved the formation of Underground Utility District No. 13. This district, which includes property for which you are listed as owner, contains the portion of Tamarack Avenue from Carlsbad Boulevard to Interstate 5. A boundary map is attached. The City Code requires that you be notified by sending you a copy of the approved Resolution and a copy of the pertinent City Code, both of which are attached. In summary, the main points are: 1. The district has been formed and utility agencies have been notified. Design work for both the street widening and utility undergrounding is nearly complete. The schedule is currently not certain but design work must be completed before construction can begin. The best estimate at this time is that construction may begin in December 1991. This would mean the electrical work on your private property would need to be completed by approximately March 1992. It is the property owner’s responsibility to provide the appropriate underground services from the street right-of-way to the building at the owner’s expense. This means that you must hire an electrical contractor to provide underground conduit to your house and revise-a possibly replace--your electrical service box. The estimated cost for this work is $1,000-$1,500. Please note that once a construction schedule is established, Council must pass another resolution specifying a date by which you must make the connection and you will be notified aPain prior to start 2. 3. 4. Principal Civil Engineer R€Wjkb Attachments c: City Engineer Municipal Projects Manager City Clerk Sara Valdez, San Diego Gas & Electric Company Danny Buchanan, Pacific Bell Walter Johnson, Daniels Cablevision 2075 Las Palmas Drive - Carlsbad, California 92009-1 51 9 - (61 9) 438-1 161 C LOCATION MAP L \ , /.s /” / / VlClNlTY MAP r PROJECT + EXHIBIT PRoJECT NP‘ME UNDERGROUND UTILITY DISTRICT NO. 13 UUD 13 1 I ... -- * 0 a GENAS WILLIAM&NIKOLICHA ESTES HELEN M <LE> NILSON JONES MABEL E TR 6 W COLORADO 390 TAMARACK AVE 325 CALLE FELICADAD CADIA CA 91007 CARLSBAD CA 92008 SAN CLEMENTE CA 92672 ,GAN JAMES R SR MUNOZ PEDRO&UMENO RAE KELLY 1-852 DURANGO RD P 0 BOX 611 P 0 BOX 2060 LTHEDRAL CITY CA 92234 KILAUEA HI 96754 CARLSBAD CA 92018 IUSTER WILLIAM SANCHEZ NOE&ADELA AHEARN JOHN J JR&DOROT 10 N MYERS ST #6 270 TAMARACK AVE 260 TAMARACK AVE ZEANSIDE CA 92054 CARLSBAD CA 92008 CARLSBAD CA 92008 EFFREY CARL J&DEBORAH L DAVIS KATHRYN G 50 TAMARACK AVE 234 TAMARACK AVE ARLSBAD CA 92008 CARLSBAD CA 92008 C EWEN WALTER L&HELEN A PONTE LOWELL A&ELLEN L JAIME CESILIO A&SYLVIP 940 GARFIELD ST 522 TAMARACK AVE 600 TAMARACK AVE 'ARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 ENKINS ELLIOTT M&BERTHA JEFFRESS MARGARET TR KONNERTH DAN N 38 TAMARACK AVE 548 TAMARACK AVE 4060 HUERFANO AVE #34 'ARLSBAD CA 92008 CARLSBAD CA 92008 SAN DIEGO CA 92117 :ALY HARRISON TAMARACK NO 237 CROSTHWAITE ANGEL A&DI 1521 1/2 S VISTA WAY #212 580 BEECH AVE 245 TAMARACK AVE 3ARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 CAMARACK PARTNERS BOYD LEE G&EMMA A TRS TAMARACK PORPERTY I'm 780 CHAPARRAL LN 391 TAMARACK AVE C/O RODNEY C MILES 3SCONDIDO CA 92025 CARLSBAD CA 92008 P 0 BOX 6905 LAGUNA NIGUEL CA 9260 TAMARACK PORPERTY INVESTO TAMARACK PORPERTY INVESTO HERNANDEZ MARIO G&ALT C/O RODNEY C MILES C/O RODNEY C MILES 437 TAMARACK AVE 29571 SEAHORSE COVE P 0 BOX 6905 CARLSBAD CA 92008 LAGUNA NIGUEL CA 92677 LAGUNA NIGUEL CA 92607 - -- . e 0 2 MUSSER JOHN B&MARY J EALY HARRISON D CRR JOHN J&EDITH A !3 E MARGARITA ROAD 16706 E CYPRESS AVE C/O NELSON MGMT SERV [ALTO CA 92376 COVINA CA 91722 2521 1/2 S VISTA WAY # CARLSBAD CA 92008 CLLS JACK B SAHAGUN JOSEPHINE L TR 0 BOX 991 625 TAMARACK AVE IRLSBAD CA 92018 CARLSBAD CA 92008 RESIDENT 370 TAMARACK AVENUE CARLSBAD CA 92008 e RESIDENT 380 TAMARACK AVENUE CARLSBAD CA 92008 0 ES I DEN 'I' 895: GARFIELD STREET hLSBAD CA 92008 7 !ESIDENT RESIDENT RESIDENT ,50 TAMARACK AVENUE 310 TAMARACK AVENUE 308 TAMARACK AVENUE !ARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 IESIDENT RESIDENT RESIDENT 894 GARFIELD STREET 3905 GARFIELD STREET 3900 GARFIELD STREET ARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 ESIDENT RES I DENT RESIDENT 37 TAMARACK AVENUE 305 TAMARACK AVENUE 411 TAMARACK AVENUE ARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 LESIDENT RESIDENT RESIDENT 21 TAMARACK AVENUE 431 TAMARACK AVENUE 447 TAMARACK AVENUE ARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 ESIDENT RES I DENT 11 TAMARACK AVENUE 545 TAMARACK AVENUE ARLSBAD CA 92008 CARLSBAD CA 92008 1. 4 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 26 27 28 0 0 RESOLUTION NO. 91-291 A RESOLUTION OF THE CITY C.OUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY DISTRICT NO. 13 AND MAKING ORDERS IN REGARD THERETO WHEREAS, on August 6, 1991, the City Council of the City of Carlsbad adopted Resolution No. 91-247 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a public hearing to determine whether or not the pub1 ic health, safety or welfare requires the formation of an underground utility district in a portion of Carlsbad; and WHEREAS, pursuant to Resolution No. 91-247, a public hearing was held on September 3, 1991, at the hour of 6:OO p.m., in the Council Chambers in the City Hall, Carlsbad, California, to ascertain whether the public health, safety or we1 fare 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 described as follows: Tamarack Avenue from Carlsbad Boulevard to Interstate 5 as shown on that certain map entitled “Underground Utility District No. 13” dated July 18, 1991, on file in the Office of the City Clerk and incorporated by reference herein. WHEREAS, said hearing was also held to determine whether or not the City should continue proceedings to create and implement an underground uti1 ity 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 to property owners as shown on the last equalized assessment roll; and WHEREAS, said hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: I 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 26 27 28 - W 1. That the above recitations are true and correct. 2. That 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. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No. 13 of the City of Carlsbad. 4. That the City Council finds that said District is in the public interest; for one of the following reasons: A. It will eliminate an unusually heavy concentration of overhead electric facilities. B. The streets in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehi cul ar traffic. C. The streets adjoin or pass through a civic or public recreation area or an area of unusual scenic interest to the general pub1 i c. 5, That the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Uti1 it] District No. 13 of the adoption of this resolution 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 installatior The City Council will fix by subsequent resolution thc within said District. :- s 1 2 3 4 5 6 7 a 9 10 11 14 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e time within which such removal and installation shall be accomplished, and within which affected property owners must be ready to receive underground service. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of September , 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None 1 &i.d4& L U E A. LE S, Mayor AT1 E ST : AL% i&E$R-hk (SEAL) C‘. e 0 I 11.08.010 Chapter 11 .OS UNDERGROUND UTILITY DISTRICTS (4) “Utrlity” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical mate- rials or devices. (Ord. 7037 5 1, 1968) Sections: 11.08.010 Definitions. 11.08.020 Public hearing by council. 11.08.020 Public hearing by council. The council may from time to time call public 11.08.030 Designation of underground hearings to ascertain whether the public health. safety or welfare requires the removal of poles, 11.08.040 Unlawful acts. overhead wires and associated overhead siruc- 11.08.050 Exception-Emergency or tures within designated areas of the city and the unusual circumstances. underground installation of wires and facilities 11.08.060 Other exceptions. for supplying electric. communication, or sim- 11.08.070 Notice to property Ownes ad ilar or associated service. The city clerk shall utility companies. notify all affected property owners as shown on 11.08.080 Responsibility of utility the last equalized assessment roll and utilities companies. concerned by mail of the time and place of such 11.08.09O Responsibiiity of property hearings at least fifteen days prior to the date owners. thereof. Each such hearing shall be open to the 1 1.08.1OO Responsibility of city. public and may be continued from time to time. 1 1.08.1 10 Extension of time. At each such hearing all persons interested shall be given an opportunity to be heard. The deci- sion of the council shall be final and conciusive. (Ord. 1296 9 20, 1987; Ord. 7037 5 2, 1968) 11.08.030 Designation of underground utility districts by resolution. If after the public hearing the city council determines that the city or a public utility has agreed to pay over fifty percent of all costs of conversion, excluding costs of users’ connections to underground electric or communication fad- ities and that the public health, safety and weIfare requiressuch removal and underground installa- tion, the city council. may by resolution declare the area an underground utility district and order the work. Such resolution shall include a descrip- tion of the area comprising such district and shall provide that the council shall fix by subsequent resolution, the time within which such removal and underground instailation shall be accom- plished, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such utility districts by resolution. 11.08.010 Definitions. Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respettive meanings assigned to them in the following definitions: (1) “Commission” means the Public Utilities Commission of the state of California; (2) “Poles, overhead wires and associated overhead structures” mean poies, towers, sup ports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut- outs, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or wfbl in supplying electric, communication or similar or associated service; (3) “Underground utility district” or “dis- trict” means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area isdescribed in a resolution adopted pursuant to the provi- sions of Section 11.08.030; 327 c w 11.08.030 underground facilities as may be occasioned thereby. (Ord. 1296 9 21, 1987; Ord. 7042 5 1 (part), 1973: Ord. '7037 3 3, 1968) 1 1.08.040 Unlavvful acts. street lighting; ( 1) Any municipal facilities or equipment installed under the supervision and to the satis- faction of the city engmeer, (2) Poles, or electroliers used exclusively for (3) Poles, overhead wires and associated over- tric energy at nominal voltages in exceSS of tm- four thousand five hundred volts; (4) Antennae. associated equipment and sup porting structures, used by a utrlity for fufishng communication se,ces; (5) Equipment appurtenant to underground facilities, such as surface mountd transfomers, inets, and conceald ducts: Whenever the council creates an underground overhead wires arid associated overhead struc- tures therein as provided in Section 11.08.030. it is unlawful for aiy person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are except as the overhead facilities may be required to furnish service to an owner or occupant of uti1ity district and Orders the removal Of poles* head structures used for the transmission ofelec- required tO be removed by such resoiution, @ad mounted terminal boxes and meter cab- (6) Temporary poles. overhead wires and propfly prior to the perfomance by such Owner Or occupant of the undetgfound work neceSSary associated overhead Structure used or to be used in conjunction with construction projecs; for such owner or occupant to continue to receive utility service as provided in Section 11.08.090, and for such reasonable time required to remove said fadlities after said work has been (7) Overhead wires (exclusive of supporting stntctures) crossing any ponion of a district within which Overhead wires have been prohib it&, or connecting tO buildings on the perimeter &omed and except as otherwise Provided in of a district, when such wires originate in an area this chapter. (Ord. 7037 9 4, 1968) 1 1 .OS.OS from which poles. overhead wires and associated overhead structures are not prohibited: (8) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent buiIding without cross- ing any public street. (9) New or existing anchor poles and guy wires within the district necessary to support overhead facilities outside the district. (Ord. 7042 9 1 (part), 1973: Ord. 7037 5 6,1968) 11.08.070 Notice to property owners and utility companies. Exception-Emergency or unusual circumstances. Notwithstanding the provisions of this chap- ter, overhead facilities may be installed and maintained for a period, not to exceed thirty days, without authority of the council in order to provide emergency service. The council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discnmination as to any person or utility, to erect, construct, install, maintain., use or operate poles, overhead wires and assoCi;ate? overhead structum. (Ord. Within ten days after the eflective date of a 7037 3 5, 1968) 11.08.060 Other exceptions. resolution adopted pursuant to Section Any resolution adopted pursuant to Section 11.08.030, the City clerk shall notify all affected 11.08.030, shall not apply to any of the following utilities and all persons owning real property types of facilities, unless otherwise provided for within the district created by the resolution of the in such resolution: adoption thereof. The city clerk shall further 328 7 .- ,. 0 0 11.08.070 8 notify such affected propeny owners of the necessity that, if they or any person occupying such property desire to continue to receive elec- tric, communication, or similar or associated service. they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the sup plying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respve utility or utilities on fde with the com- mission. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pur- suant to *on 11.08.030. together with a copy of the ordinance codified in this chapter to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 7037 § 7, 1968) 11.08.080 Responsibility of utility companies. does not comply with the provisions of sub- paragraph (a) of this section within the time pro- vided for in the resolution enacted pursuant to Section 11.08.030, the city engineer shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated fad- ties supplying utility seervice to said property. (c) In addition to the provisions of sub- paragraph (b) above, upon direction by the city council, the engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. (d) The notice to provide the required under- ground facilities may be gven either by personal service or by mail. In case of service by mail on either of such persons, the notice must be depos- ited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises. and the notice must be addressed to the owner be addressed to such owner’s last known address as the Same appears on the last equaiized assess- ment roll, and when no address appears, to “General Defivery, city of Carlsb&9 If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mad- ing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within fortyeight hours after the mailing themf, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. (e) The notice given by the city engineer to provide the required underground facilities shall particularly s& what work is required to be done, and shall state that if the work is not com- pleted within thirty days after receipt of such If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section portion of the conduits, conductors and associ- ated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 7037 § 8, 1968) 11.08.0W Responsibility of property owners. (a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 11.08.080 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respecuve utility or utilities on file with the commission. (b) In the event any person owning, operat- ing, leasing, occupying or renting said property . I1.08.030, the supplying utility shall furnish that thereofas such owner,s name appears, and muSt 3 29 w W 11.08.090 notice, the city engineer will provide such required underground facilities, in which case the cost and expense thereof Will be assessed against the property benefited and become a lien upon such property. (0 If upon the expiration of the thirty day period, the required underground facilities have not been provided the city ensineer shall forth- with proceed to do the work; provided, however, if such premises aR unoccupied and no electric or communications services are being furnished thereto, the city engineer shail in lieu of provid- ing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service Wires and associated facilities supplying utility service to the property. Upon completion of the work by the city engineer, he shall file a written report with the city council setting forth the fact that the required underground facilities have been pro- vided and the cost thereof, together with a legal description of the property against which such cost is to be assessed The council shall thereupon fix a time and pl;tce for hearing protests against the assessment of the CO~f of such work upon such premises, which said time shall not be less than ten days thereafter. (9) The city engineer shall forthwith, upon the time for hearing such protests having been fixed. give a notice in vvriting to the person in posses- sion of such preimises, and a notice in writing thereof to the owner thereof, in the manner here- inabove provided for the giving Of the notice to provide the requked underground facilities. of the time and place that the council will pass upon such repon and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (h) Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the aSSeSSment. (1) If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the PrOPeW against which the assessment is made by the city engineer, and the city engineer IS directed to turn over to the assessor and tax COkCtOr a notice Of lien on each Of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next reguiar bill for taxes levied against the premises upon which said assessment was not paid. The assess- ment shall be due and payable at the same time as the property taxes are due and payable. and if not paid when due and payableshall bear interest at the rate of six percent per year. (Ord. 7037 S 9, L968) 11.08-100 ResWmibifity of City. The City shall remove at its own expense all cityawned equipment from ai1 Poles required to be removed under this chapter in ample time to enable the Owner Or uSer of such poles to remove the Same Within the time Specified in the reSOlU- tion enacted pursuant to Secton 11.08.030. (Ord. 7037 4 10, 1968) 11.08.1 10 Extension of time. In the event that any act required by this chap ter or by a resolution adopted pursuant to Section 11.08.030 cannot be performed within the time provided on account of shortage of materials, war. restraint by public authorities, strikes. labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 7037 9 11, 1968) 330