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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 w 0 h U ri *rl DEPT. ENG I x t TITLE DEPT. H UNDERGROUND UTILITY DISTRICT NO. 16 MONROE STREET AND CHESTNUT AVENUE PUBLIC HEARING CITY ATTY.- CITY MGR.5 1 w -7-i e (d c) -4 rl a a (d s U a, 2 a k 2J w -4 a h lH (d U cn '-. h c- +I '.. z 1.- 0 --- 8 2- a a) k' : rdz y .rl _I !+IN I ou - wcn L .rl a-a < a - 3a) der, -d u . c) q ,, I k0 3 u u .ti u *; '2 2z €4 PI k -- -- c: U g5 -2 co7 04 . a *rl (dm - E 0 -5 a) 0" ,; -- a c a 7 0 rl 1 <' hl L. 4 1 2 0 F 0 a 1 0 z 3 0 0 - 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. \ \‘ a e *. 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. f L4 \/%. / UNDERGROUND CARL SBA D SCHOOL \ \ \ \/’ =RGROUNDING UTILITY DISTRICT NO. 16 ’ -!* e @ *. 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 A. w A gz zsg I-p - Y ..w =-ax &>a +-z =zl- 000 =I30 umu I- U I- - 0 cn * GdW w=> .- --I nE 1 230 gEz Waf m opo 2kpx 4 (flnuw 2Zak Urn4 =Wb- Ez-zE z=+ -w Z nx izznw JO<Z SO+> Ok-30 - n > I- I t- 3 z 3 - - a n z LL O z 0 I- a 2 LT +o z "LL I a - + [1c a W a A A A A m >- a "2 mnI m WCI o-W t- WkW 0 KlZ 3 F+ 030 -3 z= wo oat- YZ o wm -Jm- mww "m >- af Q z rr a 05 I- "0 w ZEaZ za (razz3 0= awao (no =J+W JZt-w =eCrv, auaa wx f 05 w a zw oz O& a UEL5 wo- --rrc gGgjg E2 sgz m=>Ov, >&a > z ao Ual '-LO cz-=c tma 33L u 0 ol- OF- 01 rw Q uo A A A A v, >- a a x OQ w3 -I 72 m - z 0 ma& gma ~ w zy I-zw c3 W > 0 a- a IG E 4 X ag axz zi= gk&3 00 .. $ A+k 1 z zw OZZ aZ =!am azu + -=a 0 "ZW w z0-1 >-v,' oow m 3 30 zxu 3 0 ow t<:'/l 0 OIZ 3c-z aumo OEO uno O-rrt- I- 0 sua- 10 3-2 z WOS 22; 0 23 z A A A Z A v, W 0 > 0 m > a n a a- of I- Ln I z 0% - 2 MI rr wzg + 3 0 0 wg- Y -t EE 0 Egg =Si CY W 2isg; 0 wsa+ ZWOZ E Yo52 w z zm w--l zz rr0k >WO ?E1 4 ESa n c3 >om arrm z -ow awa E W ~~~~~~ WkOO 3 CY u '~~~~ -JmT g "EO L I-"&" 0 ow3 >Fn Zsza kOZ +JOZ 4 bozo oza 3aoa oza+ * 4 I) 1 2 3 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 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 I DISTRICT NO. 16,AND MAKING ORDERS IN REGARD THERETO. \ i 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 \ \ \ \ 1, 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 \ ‘\ , \ 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. Ill Ill I 1 i 4. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 \ 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 \ 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. Ill Ill Ill Ill Ill Ill I a f 1 2 I 0 e 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 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 and installation shall be accbpplished, and within which affected property owners must t: to receive underground service,. \ \ \ \ PASSED, APPROVED ANDhDOPTED at a regular meeting of the Carlsbad City \ held on the day of 1 , 1996 by the following vote, to wit: AYES: \ NOES: ABSENT: \ CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) . *s+- c icLr- 72-cc [y J+ -.i3 LqL--3 cil * I 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 f 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 * I I 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 e 0 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, ( 1 * 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 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$ Ill Ill 111 Ill Ill Ill Ill Ill ' v I' e e U 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 e e 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 ’. ” 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 L {I 1 2 3 4 5 6 7 8 9 io 11 12 2a mug “> $E.; 13 an8 oug l4 2U-U $044 rrt5‘I: gong 15 $$.? 0ZJV CCK~~ 16 F:? aoJ >A2 17 cz; - 0 I 8 19 20 21 22 23 24 25 26 27 28 0 0 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 1 61 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 9.1 caw? 52 ncr& qn8 0ug 3LLO >JZ czt5= n0n2 15 Knsn ps5 s&g< E32 i $4- oz-’? 16 OQ <=-I 17 18 19 *O 21 22 23 24 25 26 27 28 c2: - 0 0 e 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. 2 1 " *. 1 2 3 4 5 6 7 8 9 10 11 12 om 408 uw&y 14 ALL, $045 :;si OnL 15 zww~ rrlrsd 16 00s /=am &lz Y2 rrrrcb 13 e->g c='= OZJ QO_l E?: l7 18 19 20 21 22 23 24 25 26 27 28 0 I 0 0 6. That the City Council does hereby order said removal and install within said District. The City Council will fix by subsequent resolution the time wil which such removal and installation shall be accomplished, and within which affe property owners must be ready to receive underground services. PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad held on the 14th day of January , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin anc NOES: None ABSENT: None aQQ%Lk. Q0&\ ALETHA L. RAUTENKRANZ, City Cle k 3 4 “ ’” .I 0 11.0 Chapter 1 1 .OS UNDERGROUND UTILITY DISTRICTS (4) “Utility” includes all persons or el supplying electric. communication or simi associated service by means of electrical rials or devices. (Ord. 7037 4 I, 1968) i Sections: 2 1.08.02 0 Definitions. 1,1,0$,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 327 * 11 .Q8 .0 30 0 + " .. 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 328 & ri f I b- 0 0 11.ot * 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 a a .._ 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) 3 30