HomeMy WebLinkAbout1996-12-10; City Council; 13951; UNDERGROUND UTILITY DISTRICT NO. 16 MONROE STREET AND CHESTNUT AVENUE PUBLIC HEARING$ AB# )3!9 5 \
ItlTG. 12/10/96
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UNDERGROUND UTILITY DISTRICT NO. 16
MONROE STREET AND CHESTNUT AVENUE
PUBLIC HEARING
CITY ATTY.-
CITY MGR.5
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0 0 2' ilTY OF CARLSBAD - AGENtjA BILL
RECOMMENDED ACTION:
Adopt Resolution No. ?(PcLq2y declaring and designating a certain part of tt
Underground Utility District No. 16.
ITEM EXPLANATION:
On November 19, 1996, the City Council adopted Resolution No. 96-391 expressin!
determine whether to form an underground utility district and setting a public hearing for
10, 1996. All affected property owners within the proposed district boundaries were not
public hearing at least fifteen (15) days in advance by mail.
The boundaries of the proposed district include portions of Monroe Street and Chestnut I
shown on Exhibit 1. The City Council on July 12, 1994 adopted a program of pr
undergrounding projects as shown in Exhibit 2, attached.
Staff has met in the field with representatives of the utility companies and establishec
boundaries of the district with due consideration for the location of utility facilities, service buildings, and property boundaries.
After affected property owners have had an opportunity to speak at the public hearing, C
determine that the public health, safety and welfare require the removal of overhead lin installation of underground utilities and adopt the attached resolution.
If the district is formed, San Diego Gas and Electric Company, Pacific Bell and Daniels C
will prepare plans, obtain permits and right-of-way (if needed) and start construction. It is
that the design work will take three (3) months to complete. The construction is schedul
after the school recess in July 1997 and will be completed before the school start day
1997. The dates when properties must be disconnected from the overhead lines and whe
will be removed will be established by the City Council when a definite construction sct
been established. A flow chart of the underground procedure is attached as Exhibit 3.
An informal meeting was held on November 4, 1996 from 3:OO p.m. to 7:OO p.m. in
Center and all property owners were invited. The purpose of the meeting was to answei
and explain the district process to the property owners within the district.
FISCAL IMPACT:
The preliminary cost estimate for electrical undergrounding of District No. 16 is $1 ,OOO,O(
funds are available and will be paid for by San Diego Gas and Electric Company as prov Rule 2OA of the Public Utility Commission. Other utility companies (Pacific Bell ar Cablevision) will underground their facilities concurrently at their own expense.
Each property owner will be responsible for undergrounding their own service at an ai
cost of $1,000 to $1,500 per service. In addition to the undergrounding costs, existing I
mounted streetlights will be replaced with City standard streetlights. These costs will bc
the City at an estimated cost of $150,000 for District No. 16. The streetlight repk
necessary, if streetlights are to remain, because the undergrounding project will remove a
poles. Funding for these streetlights is proposed in the 1996-97 fiscal year Capital Im
Program. Installing City streetlights will save the City an estimated $1,200 per year in mi
costs because maintenance will be done by City crews, and not SDG&E.
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Page 2 of Agenda Bill No. / 3; q 5 1
EXHIBITS:
1.
2.
3.
4.
5.
Location Map of Underground Utility District No. 16.
Utility Undergrounding Program dated May 26, 1994.
Flow Chart: Formation of an Underground Utility District.
Map of Underground Utility District No. 16 (on file in the office of the City Clerk).
Resolution No. qb - ‘/2’--/ declaring and designating a certain part of th
Underground Utility District No. 16.
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UNDERGROUND
CARL SBA D
SCHOOL
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=RGROUNDING UTILITY DISTRICT NO. 16
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EXHIBIT 2
En g i nee ri ng De pa rtmen t City of Carlsbad
UTILITY UNDERGROUNDING PROGRAM
Recommended by Underground Utility Advisory Committee
May 26,1994
*Completed Projects
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0 0 Exhibit 4
RESOLUTION NO. 96-424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CERTAIN PARnOF SAID CITY AS UNDERGROUND UTILITY
CARLSBAD, ~~LIFORNIA, DECLARING AND DESIGNATING A
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I DISTRICT NO. 16,AND MAKING ORDERS IN REGARD THERETO.
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WHEREAS, on November 19, 1996, the City Council of the City of Carlsbad
Resolution No. 96-391 expressing its intent to initiate proceedings pursuant to Chapter
the Carlsbad Municipal Code and calting a public hearing to determine whether or not tt-
health, safety or welfare requires the fopnation of an underground utility district in a p
Carlsbad; and \
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WHEREAS, pursuant to Resolutibn No. 96-391, a public hearing was
December 10, 1996, at the hour of 6:OO p.m., in the Council Chambers in the City Hall, C
California, to ascertain whether the public health, safety or welfare requires the removal I
overhead wires and associated overhead structures and the underground installation
and facilities for supplying electric, communication\,or similar or associated service, wi
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\ certain area of the City described as follows: \
Monroe Street from Chestnut to 500 feet west of Basswood
Avenue and Chestnut Avenue; from Monro,e Street to Valley Street, as shown on that certain map entitled “Underground Utility District
and incorporated by reference herein.
No. 16” dated June 7, 1996, on file in the Office of the City Clerk
WHEREAS, said hearing was also held to determine whether or not the Cit!
continue proceedings to create and implement an underground utility district to accomp
removal and installation; and
WHEREAS, notice of said hearing, in the manner and for the time required by I
given to all affected utility companies and to property owners as shown on the last e
assessment roll; and
WHEREAS, said hearing has been duly and regularly held, and all persons ir
have been given an opportunity to be heard.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
California, as follows: \\, 1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad, California, hereby finds and del
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that the public health, safety and welfare require the removal of poles, overhead w
\ associated structures, and the underground installation of wires and facilities for s
electric, communication or similar orassociated service in the above-described area. \
3. That said area is hereby ,declared to be an underground utility district
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designated as Underground Utility District No. 16 of the City of Carlsbad.
4. That the City Council finds thatpaid District is in the public interest for or
following reasons: \
A. It will eliminate an unusqally heavy concentration of overhead
facilities. \
The streets in the District areTextensively used by the general p~ B.
carry a heavy volume of pedestrian or vehicular traffic.
The streets adjoin or pass through a civic or public recreation arc
area of unusual scenic interest to the general public.
C.
5. That the City Clerk is hereby instructed to notify all affected utilities
persons owning real property within Underground Utility District No. 16 of the adoptioi
resolution within ten (IO) days after the date of such adoption. Such notification shall t
by mailing a copy of this resolution, together with a copy of Chapter 11.08 of the (
Municipal Code, to affected property owners as such are shown on the last e
assessment roll and to the affected utilities.
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6. That the City Council does hereby order said removal and installation witt
District. The City Council\will fix by subsequent resolution the time within which such I
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and installation shall be accbpplished, and within which affected property owners must t:
to receive underground service,. \
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PASSED, APPROVED ANDhDOPTED at a regular meeting of the Carlsbad City
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held on the day of 1 , 1996 by the following vote, to wit:
AYES: \
NOES:
ABSENT:
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
. *s+- c icLr- 72-cc
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801 Pine Avenue Carlsbad, CA 92008
(61 9) 729-9291 FAX (61 9) 729-9685 ... a world claz
December 5, 1996
Carlsbad City Council
City Clerk’s Ofice
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Dear Council Members,
Regarding the plan to underground the utilities adjacent to Carlsbad High School, as described i
Resolution No. 96-391, we would like to take this opportunity to advise the Council regardin<
our concerns and suggestions. The current school year for Carlsbad Unified School District end
on June 13, 1996. The teachers report back for the 1997-98 school year on August 29, 1997, an
the students all begin on September 2, 1997. In order to better facilitate the undergroundins
project, we are planning to hold our summer school classes for the high school at Valley Junic
High this year. This should eliminate much of the daytime traffic adjacent to Carlsbad Higr
School.
We respectfully request that the undergrounding project be scheduled in such a way that it i
completed during the summer months. If the project gets delayed, and is not completed prior ti
the start of the school year, the traffic and parking problems for the 2400 students and 300 staf
of Carlsbad.
If you have any questions or concerns regarding this issue, please do not hesitate to contact me.
Sincerely,
members of Carlsbad High School will cause enormous disruption to the education of the childrei
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Johd. Blair
AGistant Superintendent, Business Services
t e 0
November 19, 1996
TO: CITY CLERK
FROM: Associate Engineer
MONROE STREET UNDERGROUNDING
Attached is a Notice of Public Hearing, Certification of Resolution, and Affidavit
of posting. The following actions must be taken: ?
l{2Yi "3 /?b
&%@4k-d$. J *I. Sign the NOTICE OF PUBLIC HEARING qpnt+mepy- a
owners with the attached labels.
(SDGBE needs this certification). - *-A
Sign and date the Affidavit of Posting after posting of the Council's
b. 4
2. Sign and date the Certification of the Resolutio and orward it to me J&!&d. .-//a
/ AYdE.
3.
Please forward a copy of
Department for my files.
c: City Engineer XL Traffic Engineer
Principal Civil Engineer, Walter Brown
I
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public
hearing on Tuesday, December IO, 1996, at 6:OO p.m. in the City Council Chambers
1200 Carlsbad Village Drive, Carlsbad, California, to consider the following:
The formation of Underground Utility District No. 16, along a portion of Monroc
Street from Chestnut to 500 feet west of Basswood and on Chestnut from Monroc
Street to Valley Street.
The public hearing will be held to ascertain whether the public health, safety o
welfare requires the removal of poles, overhead wires and associated overheac
structures and the installation of wires and facilities for supplying electric
communication, or similar or associated service in the District hereinabove described.
All comments, oral and written, will be accepted by the City Council. Writter
comments may be mailed to the City Clerk’s Office, 1200 Carlsbad Village Drive
Carlsbad, California 92008. If you have any questions regarding this matter, you arc
encouraged to contact Pat Entezari, Engineering Department, telephone numbe
438-1 161, extension 4385.
“Important Notice to all interested persons: If you challenge the formation o
Underground Utility District No. 16 in court, you may be limited to raising only thosc
issues raised by you or someone else at the public hearing described in this notice, o
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.”
Dated: November 22,1996
City of Carlsbad
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280
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RESOLUTION NO. 96-391
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, EXPRESSING ITS INTENT TO INITIATE PROCEEDING:
PURSUANT TO CHAPTER 11.08 OF THE CARLSBAD MUNlClPAl
CODE AND CALLING A PUBLIC HEARING TO DETERMINE WHETHEF
THE PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THt
PORTIONS OF MONROE STREET AND CHESTNUT AVENUE.
WHEREAS, Chapter 11.08 of the Carlsbad Municipal Code provides
formation in the City of Carlsbad of underground utility districts to accomp
orderly removal of existing overhead facilities and the construction of new unde
facilities; and
FORMATION OF AN UNDERGROUND UTILITY DISTRICT or
WHEREAS, the City staff has consulted with the affected utilities z
conducted preliminary studies and made investigations concerning the feas
such a district in an area generally on Monroe Street from Chestnut Avl
Basswood Avenue and on Chestnut Avenue from Monroe Street to Valley Stree
WHEREAS, said studies and investigations indicate that further proc
pursuant to Chapter 11.08 are warranted to determine whether or not the distric
be established.
<
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Council hereby expresses its intent to initiate proceedings
formation of an underground utility district for the above-described area to be k
Underground Utility District No. 16.
2. NOTICE IS HEREBY GIVEN that a public hearing will be held by
Council of the City of Carlsbad on December IO, 1996, at the hour of 6 p.m. ir
Council Chambers, at 1200 Carlsbad Village Drive, Carlsbad, California, to i
whether the public health, safety, or welfare require the removal of poles, (
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wires, and associated overhead structures, and the underground installation (
and facilities for supplying electric, communication, or similar associated servic
area hereinabove described and to determine whether or not the City should c
proceedings to create and implement an underground utility district to accompl
removal and installation.
3. At said hearing, all persons interested are invited to appear and pres1
views and all such persons shall be given an opportunity to be heard. Said
may be continued from time to time as may be determined by the City Council.
4. The area to be included within the proposed District No. 16 is shov
that certain map, entitled, "Underground Utility District No. 16, which is on fil
Office of the City Engineer of the City of Carlsbad, and which is incorpor
reference herein.
5. The City Clerk shall give notice of the time and place of the hearir
property owners within the District as shown on the last equalized assessmeni
as known to the City Clerk and to each public utility within the District by mailin$
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of this Resolution to such property owners and such utilities at least fifteen (1.
prior to the date thereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlst
, 1996 by the following vote Council held on the 19th day of November
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnil:
NOES: None
ABSENT: None
1 ATTEST:
dTHAA! b?!4 UT&KRANZ, City Clerk (SEAL)
KAREN R. KUNDTZ, Assistant City Clerk
C&,o$ Carlsbad e 0
2075 Las Palmas Drive
bad, California 92009-1 576
GARRETT & HELEN ARTERBURN
5335 EL ARBQL DRIVE
CARLSBAD CA 92008
City- of Carlsbad
2075 Las Palrnas Drive
,bad, California 92009-1 576
ROBERTA L BUCKLEY
c/o BARBOUR MGMT CO
CARLSBAD CA 92009
7750 EL CAMINO REAL #2-E
0 0 ;ita/ df Carlsbad
075 Las Palmas Drive
>ad, California 92009-1 576
JEANNE M HJELT
1885 CHESTNUT AVENUE
CARLSBAD CA 92008 i
“,ity-of Caalsbad
075 Las Palmas Drive
Dad, California 92009-7 576
CHRISTOPHER & PEGGY FLETCHER
1421 SYCAMORE CANYON ROAD
SANTA BARBARA CA 93108
CHASSANG 1993 LIVING TRUST
14945 RANCH CREEK LANE
VALLEY CENTER CA 92082
Citv of Carlsbad 0
(I ’.
2075 Las Palmas Drive
bad, California 92009-1 576
LEE &JEANNE MORRISON 5351 VAN NUYS COURT
SAN DIE60 CA 92109
Ci t yo f Car I s b ad
2075 Las Palmas Drive
bad, California 92009-1 576
MEJlA FAMILY TRUST
1845 CHESTNUT AVENUE
CARLSBAD CA 92008
1
JOHN 8t GENEVIEVE LOCKWOOD
3325 MONROE STREET
CARLSBAD CA 92008
City of Carlsbad 0
IT-
2075 Las Palmas Drive
bad, California 92009-1 576
GENN & LA VERNE SMITH
32682 SEVEN SEAS DRIVE
DANAPOINT CA 92629
City pf Carlsbad
2075 Las Palrnas Drive
;bad, California 92009-1 576
ROBERT & MARY SHEVLIN
PO BOX 12
LA MESA CA 91944
;Daa, Galltornla YZUUY-l5/6
BOYD & OTHETA ROGERS
4228 HIGHLAND DRIVE
CARLSBAD CA 92008
City ad Carlsbad @ 0
I*
2075 Las Palmas Drive
bad, California 92009-1 576
VICTOR & ROSE ZALlNSKl
131 1 BARBARA DRIVE
VISTA CA 92084
City of Carlsbad
2075 Las Palmas Drive
bad, California 92009-1 576
WOMENS CLUB OF GARLSBAD
PO BOX 173
CARLSBAD CA 92018
ROBERT & PEGGY TORRES
3358 MONROE STREET
CARLSBAD CA 92008
City sf CarlsbA 0 - Dr4. ~ - . -- *I x. - '075 Las Palrnas Drive
bad, California 92009-1 576
CARLSBAD UNIFIED SCHOOL DlST
801 PINE AVENUE
CARLSBAD CA 92008
2075 Las Palmas Drive
3bad, Califorma 92009-1 576
ROSS ti LINDA BARBER
CARLSBAD CA 92008
5392 EL CAMINO REAL
ALBERT & CORA FROLANDER
1931 s PACIFIC STREET
OCEANSIDE CA 92054
Sity 0,6 Carlsbad @ 0
L.
’075 Las Palmas Drive
bad, California 92009-1 576
MARGARET J BONAS TRUST
231 OLIVE AVENUE
CARLSBAD CA 92008
2075 LaS Palrnas Drive
%bad, California 92009-1 576
LELAND &JUANITA BULL
2015 WETVVOOD DRIVE
CARLSBAD CA 92008
‘
~UQU, U~IIIUI I IIQ ~LVV~ I -I v
WAYNE & DONNA DEWEY
CARLSBAD CA 92008
31 85 MONROE STREET
City 0.f Carlsbad * a
s.
2075 Las Palmas Drive
bad, California 92009-1 576
ANN C GONGOLA
CARLSBAD CA 92008
2604-B EL CAMINO REAL #339
2075 Las Palmas Drive
;bad, California 92009-1 576
LARRY & JOANN HOEKSTRA
3285 MONROE STREET
CARLSBAD CA 92008
'
HASSAN & MAHBOB KAMlAB
31 95 MONROE STREET
CARLSBAD CA 92008
City*- . -- . ._ m @
2075 Las Palmas Drive
,bad, California 92009-1 576
DAWN M LAWSON
31 60 MONROE STREET
CARLSBAD CA 92008
2075 Las Palmas Drive
;bad, California 92009-1 576
DOROTHY M KlNNlNGS
867 VAN NUYS STREET
SAN DlEGO CA 92109
MARTIN & KAREN KEITH
138 TROPICANA DRIVE
OCEANSIDE CA 92054
9
2075 'Las Palmas Drive
;bad, California 92009-1 576
HIGASHI FAMILY TRUST
1927 MARIPOSA LANE
FULLERTON CA 92833
__
City of Carlsbad
2075 Las Palmas Drive
;bad, California 92009-1 576
GEORGE & SUSAN VANHORN
3225 MONROE STREET
CARLSBAD CA 92008
__ ~~~-~ -
City of Carlsbad
2075 Las Palmas Drive
shad, California 92009-1 576
ARTHUR &.JANE SLACK
CARLSBAD CA 92008
3165 MONROE STREET
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January 20, 1997
VICTOR & ROSE ZALlNSKl
131 1 BARBARA DRIVE
VISTA, CA 92084
FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 16: MONROE STREET FROM
AVENUE FROM MONROE STREET TO VALLEY STREET
Dear Property Owner:
At their meeting of December 10, 1996, the City Council of the City of Carlsbad held a public
hearing to consider undergrounding of the overhead facilities on Monroe Street from Chestnut
Avenue to mid-block north of Basswood Avenue, and on Chestnut Avenue from Monroe Street
to Valley Street. Following that public hearing, on January 14, 1997, the City Council adopted
Resolution No. 96-424, which established Underground Utility District No. 16.
A copy of Resolution No. 96-424 is enclosed for your information, as well as a copy of Chapter
11.08 of the Carlsbad Municipal Code, which sets out the City’s regulations for underground
utility facilities. Please note that SDGBE’s undergrounding work will be completed the first
week of August 1997 at which time affected owners within the boundaries of the District shall be
ready to receive underground service, and the date by which all poles, overhead wires, and
associated structures are to be removed and underground facilities to be installed.
The work you are responsible for is to hire a contractor to dig a trench from the electric meter
on your house to the street right-of-way and install conduits (plastic pipes) in the trench for
electric, telephone and cable television. SDG&E will mark the location at the right-of-way and
will provide you or your contractor with conduit specifications. In some cases, where the
electric box is old, a new electric service box may be required. The estimated cost for your
work is $1,000 to $1,500, depending on the amount of work involved. The utility companies will
run the wires to your house at no cost to you.
If you have any questions, please contact Pat Entezari, Engineering Department, at (619) 438-
1 161, extension 4385
Very truly yours,
CHESTNUT AVENUE TO 500 FEET NORTH OF BASSWOOD AVENUE AND ON CHESTNUT
llaQxLL&-
ALETHA RAUTENKRANZ, CMC
City Clerk
Enclosures
AR. PE:j b
C’ Engineering Department
- -____ -. . _______ - 1200 Carlsbad Village Drlve - Carlsbad, Californla 92008 1989 - (61 9) 434-2808
MARGARET J BONAS TRU!
231 OLIVE AVENUE
CARLSBAD CA 92008
0
ROSS & LINDA BARBER
5392 EL CAMINO REAL
CARLSBAD CA 92008
$1 e
CARLSBAD UNIFIED SCHOOL DlST
801 PINE AVENUE
CARLSBAD CA 92008
LELAND & JUANITA BULL WAYNE & DONNA DEWEY ALBERT & CORA FROLANI
201 5 WESTWOOD DRIVE 3185 MONROE STREET
CARLSBAD CA 92008 CARLSBAD CA 92008 OCEANSIDE CA 92054
1931 S PACIFIC STREET
ANN C GONGOLA LARRY & JOANN HOEKSTRA
2604-B EL CAMINO REAL #339 3285 MONROE STREET
CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008
HASSAN & MAHBOB KAMl
3195 MONROE STREET
MARTIN & KAREN KEITH DOROTHY M KlNNlNGS DAWN M LAWSON
138 TROPICANA DRIVE 867 VAN NUYS STREET 3160 MONROE STREET
OCEANSIDE CA 92054 SAN DIEGO CA 92109 CARLSBAD CA 92008
ARTHUR &JANE SLACK GEORGE & SUSAN VANHORN HIGASHI FAMILY TRUST
3165 MONROE STREET 3225 MONROE STREET 1927 MARIPOSA LANE
CARLSBAD CA 92008 CARLSBAD CA 92008 FULLERTON CA 92833
GARRETT & HELEN ARTERBURN ROBERTA L BUCKLEY CHASSANG 1993 LIVING -
5335 EL ARBOL DRIVE c/o BARBOUR MGMT CO 14945 RANCH CREEK LAP
CARLSBAD CA 92008 7750 EL CAMINO REAL #2-E VALLEY CENTER CA 92C
CARLSBqD CA 92009
CHRISTOPHER & PEGGY FLETCHER
1421 SYCAMORE CANYON ROAD 1885 CHESTNUT AVENUE 3325 MONROE STREET
SANTA BARBARA CA 931 08 CARLSBAD CA 92008 CARLSBAD CA 92008
JEANNE M HJELT JOHN & GENEVIEVE LOC
MEJIA FAMILY TRUST LEE &JEANNE MORRISON BOYD & OTHETA ROGER
1845 CHESTNUT AVENUE 5351 VAN NUYS COURT 4228 HIGHLAND DRIVE
CARLSBAD CA 92008 SANDIEGO CA 92109 CARLSBAD CA 92008
ROBERT & MARY SHEVLIN
PO BOX 12 32682 SEVEN SEAS DRIVE 3358 MONROE STREET
LA MESA CA 91944 DANAPOINT CA 92629 CARLSBAD CA 92008
GLENN & LA VERNE SMITH ROBERT & PEGGY TORR
WOMENS CLUB OF CARLSBAD
PO BOX 173
CARLSBAD CA 92018 VISTA CA 92084
VICTOR & ROSE ZALlNSKl
131 1 BARBARA DRIVE
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RESOLUTION NO. 96-424
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. 16 AND MAKING ORDERS IN REGARD
THERETO
WHEREAS, on November 19, 1996, the City Council of the City of
Carlsbad adopted Resolution No. 96-391 expressing its intent to initiate proceed1
pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a public h
to determine whether or not the public health, safety or welfare requires the form
an underground utility district in a portion of Carlsbad; and
WHEREAS, pursuant to Resolution No. 96-391, a public hearing w
on December 10, 1996, at the hour of 6:OO p.m., in the City Council Chambers, 1
Carlsbad Village Drive, Carlsbad, California, to ascertain whether the public heal
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 services, within that cf
area of the City described as follows:
Monroe Street from Chestnut to 500 feet west of Basswood Avenue
and Chestnut Avenue; from Monroe Street to Valley Street, as
shown on that certain map entitled “Underground Utility District
No.16” dated June 7, 1996, on file in the Office of the City Clerk,
and incorporated by reference herein.
WHEREAS, said hearing was also held to determine whether or nc
City should continue proceedings to create and implement an underground utilit!
to accomplish said removal and installation; and
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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 owner
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
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad, California, hereby
and determines that the public health, safety and welfare require the removal of
overhead wires and associated structures, and the underground installation of w
and facilities for supplying electric, communication or similar or associated servic
the above-described area.
3. That said area is hereby declared to be an underground utility d
and is designated as Underground Utility District No. 16 of the City of Carlsbad.
4. That the City Council finds that said District is in the public interc
because it will eliminate an unusually heavy concentration of overhead electric fi
5. That the City Clerk is hereby instructed to notify all affected utili
all persons owning real property within Underground Utility District No. 16 of the
adoption of this resolution within ten (IO) days after the date of such adoption. !
notification shall be made by mailing a copy of this resolution, together with a co
Chapter 11.08 of the Carlsbad Municipal Code, to affected property owners as I
shown on the last equalized assessment roll and to the affected utilities.
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6. That the City Council does hereby order said removal and install
within said District. The City Council will fix by subsequent resolution the time wil
which such removal and installation shall be accomplished, and within which affe
property owners must be ready to receive underground services.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad held on the 14th day of
January , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin anc
NOES: None
ABSENT: None
aQQ%Lk. Q0&\
ALETHA L. RAUTENKRANZ, City Cle k
3
4 “ ’” .I 0 11.0
Chapter 1 1 .OS
UNDERGROUND UTILITY DISTRICTS
(4) “Utility” includes all persons or el
supplying electric. communication or simi
associated service by means of electrical
rials or devices. (Ord. 7037 4 I, 1968)
i
Sections: 2 1.08.02 0 Definitions. 1,1,0$,020 Public hearing by council.
11.08.020 Public hearing by council. The council may from time to time call 1
1 1.08.030 Designation of underground hearings to ascertain whether the public h
safety or welfare requires the removal of
11.08.040 Unlawful acts. overhead wires and associated overhead
tures within designated areas of the city ai
underground installation of wires and fa(
1 I .08.060 Other exceptions. for supplying electric, communication, o
11.08.070 Notice to property Owners and ilar or associated service. The city clerk
utility companies. notify all affected property owners as sho
11.08.080 Responsibility of utility the last equalized assessment roll and u
companies. concerned by mail of the time and place c
11.08.090 Responsibility of property hearings at least fifteen days prior to th
owners. thereof. Each such hearing shall be open
11.08.100 Responsibility of city. public and may be continued from time tc
11.08.1 10 Extension of time. At each such hearing all persons intereste
be gven an opportunity to be heard. Thc
sion of the council shall be final and conc
(Ord. 1296 $ 20. 1987; Ord. 7037 3 3, 196$
utility districts by resolution.
11 -08.050 Exception-Emergency or
unusual circumstances.
11.08.010 Definitions.
Whenever in this chapter the words or phrases
hereinafter in this section defined are used. they
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 poles, 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 useful in supplying electric, communication
or similar or associated service;
(3) “Underground utiiity district” or “dis-
trict” means that area in the city within which
poles. overhead wires. and associated overhead
structures are prohibited as such area isdescnbed
in a resolution adopted pursuant to the provi-
sions of Section 11.08.030;
shall have the respective meanings assigned to 1 1.088030 Designation of underground I
districts by resolution.
If after the public hearing the city c
determines that the city or a public utili
agreed to pay over fifty percent of all cc
conversion, excluding costs of users’ connc
to underground electric or communicatio
ities and that the public health. safety and 7
requiressuchremovaland undergroundii
tion, the city council may by resolution (
the area an underground utility district an1
the work. Such resolution shall include ad
tion of the area comprising such district ar
provide that the council shall fix by subs
resolution, the time within which such rf
and underground installation shall be i
plished. having due regard for the availak
labor, materials and equipment necessi
such removal and for the installation c
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+ " ..
underground facilities as may be occasioned
thereby. (Ord. 1296 9 21, 1987; Ord. 7042 9 1
(part), 1973: Ord. 7037 4 3, 1968)
11.08.040 Unlawful acts. street lighting;
(1) Any municipal facilities or equipment
installed under the supervision and to the satis-
faction of the city engineer;
(2) Poles, or electroliers used exclusively for
(3) Poles, overhead wires and associated over-
tric energy at nominal voltages in exceSS ofthirty-
four thousand five hundred volts;
(4) Antennae, associated equipment and sup-
Whenever the council creates an underground
overhead wires and associated overhead struc-
tures therein as provided in Section 11.08.030, it
is unlawful for any person or utility to erect,
COflStfuCL 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
property prior to the performance by such Owner
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 facilities after said work has been
this chapter. (Ord. 7037 fj 4, 1968)
11.08.050 Exception-Emergency or unusual
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 discrimination
as to any person or utility, to erect, construct,
install, maintain, use or operate poles, overhead
wires and associated overhead structures. (Ord.
7037 fj 5, 1968) Within ten days after the effective date of:
11.08.060 Other exceptions. resolution adopted pursuant to Sectior
11.08.030, shall not apply to any of the following utilities and all persons owning real propert:
types of facilities. unless otherwise provided for within the district created by the resolution of thl
in such resolution: adoption thereof. The city clerk shall furthe
uti1ity district and orders the removal of poles, head structures used for the transmission ofelec-
po&g structures, used by a utility for furnishing
communication services;
(5) Equipment appurtenant to underground
facilities, such as surface mounted tmnsformers,
inets, and concealed ducts:
associated overhead structures used or to be used
(7) Overhead wires (exclusive of supporting
structures) crossing any portion of a districr
within which overhead wires have been probib.
ite& or connecting to buildings on the perimete,
from which poles, overhead wires and associatec
overhead structures are not prohibited:
(8) Overhead wires attached to the extenoi
surface of a building by means of a bracket 01
other fixture and extending from one location or
the building to another location on the samc
building or to an adjacent building without cross.
ing any public street.
(9) New or existing anchor poles and gu:
wires within the district necessary to suppor
overhead facilities outside the district. (Ord
7042 $ 1 (part), 1973: Ord. 7037 S 6, 1968)
11.08.070 Notice to property owners and
utility companies.
required to be removed by such resolution, pedestal mounted terminal boxes and meter cab-
(6) Temporary poles, overhead wires and
Or Occupant of the underground work necessary in conjunction with construction projects;
performed, and except as otherwise provided in ofa district, when such wires originate in an are2
circumstances.
Any resolution adopted pursuant to Section 11.08.030, the city clerk shall notify all affectec
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notify such affected property 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
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
respective utility or utilities on file with the com-
mission.
Notification by the city clerk shall be made by
mailing a copy of the resolution adopted pur-
suant to Section 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 5 7. 1968)
11.08.080 Responsibility of utility
companies.
does not comply with the provisions of
paragraph (a) of this section within the timt
vided for in the resolution enacted pursua
Section 11.08.030, the city engineer shall
written notice on the property being serve(
order the disconnection and removal of an,
all overhead service wires and associated
ties supplying utility service to said proper
(c) In addition to the provisions of
paragraph (b) above, upon direction by th
council, the engineer shall give notice in w
to the person in possession of such premise:
a notice in writing to the owner thereof as s
on the last equalized assessment roll, to pr
the required underground facilities withi
days after receipt of such notice.
(d) The notice to provide the required u
ground facilities may be gven either by per
service or by mail. In case of service by mt
either of such persons. the notice must be d
ited in the United States mail in a sealed env
with postage prepaid, addressed to the per:
possession of such premises at such prer
and the notice must be addressed to the c
thereof as such owner’s name appears, and
be addressed to such owner’s last known ac
as the same appears on the last equalized a
ment roil, and when no address appea
“General Delivery. City of Carisbad.” If no
given by mail, such notice shall be deem
have been received by the person to whom
been sent within forty-eight hours after the
ing thereof. If notice is given by mail to eith
owner or occupant of such premises. thl
mailing thereof. cause a copy thereof, print
a card not less than eight inches by ten incl
size. to be posted in a conspicuous place c
premises.
(e) The notice gven by the city engm
provide the required underground facilitiet
particularly specify what work is required
done. and shall state that if the work is not
pleted within thirty days after receipt of
i
necessary facility changes on their premises so as thirty days thereafter shall have the author
If underground construction is necessary to
provide utility service within a district created by
any resolution adopted pursuant to Section
1 1.08.030, the supplying utility shall furnish that
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 tj 8,
1968)
11.08.090 Responsibility of property owners.
(a) Every person owning, operating, leasing,
occupying or renting a building or structure
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 respective utility or utilities on
file with the commission.
(b) In the event any person owning, operat-
ing, leasing, occupying or renting said property
within a district shall construcl and provide that engneer shall. within forty-eight hours aft1
329
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.._ C. ..'*.'I ilr08.090
c
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.
(f) If upon the expiration of the thirty day
period, the required underground facilities have
not been provided, the city engineer shall forth-
with proceed to do the work; provided, however,
if such premises are unoccupied and no electric
or communications services are being furnished
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 place for hearing protests against
the assessment of the cost of such work upon
such premises, which said time shall not be less
than ten days thereafter.
(9) The city engmeer shall forthwith, upon the
give a notice in writing to the person in posses-
sion of such premises, and a notice in writing
thereof to the owner thereof, in the manner here-
inabove provided for the gving of the notice to
provide the required underground facilities. of
the time and Place that the council Will Pass upon
such report 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.
(i) 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 Property against which the SseSsment
is made by the city engineer, and the city
engineer is directed to turn Over to the assessor
and tax collector a notice Of lien on each of the
properties on which the assessment has not been
the amount of the assessment to the next regular
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 payable,shall bear interest at
the rate of six percent per year. (Ord. 7037 S 9,
1968)
11.08.100 Responsibility of city.
The city shall remove at its own expense all
city-owned equipment from all 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 3 10, 1968)
thereto, the city engineer shall in lieu of provid- Pid, and the aSSeSSOr and tax collector shall add
time for hearing such protests having been fixed, 11.08-1 10 Extension of t;me.
In the event that any act required by this chap-
ter or by a resolution adopted pursuant to
Section 1 1.08.030 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 S 11. 1968)
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