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HomeMy WebLinkAbout1970-01-09; City Council; Minutesqbd2F-k _I CITY OF CA 0 e w2-as.wm. : x*.: Mi nutes of: CITY COUNCIL (Adjourned Meeting) Date of Meeting: January 9, 1970 Time of Meeting: 4:30 P.M. Place of Meeting: Counci 1 Chambers .f;a;. I- ROLL CALL 2- [99] The Mayor announced the .Adjourned Meeting was called for the purpose of considering the request of Mr. Richard Geyer, developer of Park Manor Subdivision, concerning the poles and undergrounding of utilities. The City Attorney was asked to interpret the Ordinance as to the requirement of underground utilities for existing poles. 'The City Attorney noted that as a condition of the tentative map an additional 9 feet was dedi- cated for street purposes and the widening of Park Drive. With the widening of Park Drive, the utility poles are now i.n the street right of way. All electrical service within the subdivi- sion will be underground. The only question is if the poles are moved out of the right of way, are they still existing poles? Further, Mr. Geyer claims these poles are a part of an existing 1 ine because the line extends beyond the subdivision. Since the Ordi'nance was passed there have been three subdivisions where the same conditio-n existed, and they were allowed to have standing poles. Mayor Dunne asked the City Attorney if this matter were taken to court,would the City have a strong case. The City Attorney informed the Council the City would not. have. a strong case due to a precedent being set on three other occasions. Discussion was given to moving the poles across the street. .Mr. Lew Chase, contractor and developer, stated they have had the same trouble in Oceanside, How the San Diego Gas and Electric Co. computes these conversion costs is unknown. As far as moving the poles across the street, it would cause more difficulty. Mr. Geyer addressed the Council stating when they were planning Carlsbad Manor Subdivision and he met with representatives from the- San Diego Gas and Electric Co. , if he had known that he was going to have to pay for the cost of undergrounding the poles, he would certainly not have dedicated the additional 9 feet. If the interpretation of the ordinance was going to change, the developer should have been notified. I _. - cCuf4aL a* LP&. . -2- :- In Oceanside, .if the poles a-re standing in the area, the poles are allowed.to stand. The $an Diego Cas & Electric will not move the poles to the other side of the street because the proper- ty owners do not want them on their side of the Discussion was given to amending the ordinance for clarification. It was the general concensus of the Council that a precedent had been set by previous action and this problem should be de- ci ded now. By motion of the Councii it was agreed that thes poles be considered existing lines in Park Drive Carlsbad Manor Unit #1. Therefore, the ordinanc does not requi Councilman Neiswender requested the City Attorne to prepare an amendment to the ordinance.for'the Council's consideration. Mr. Chase requested that the City Engineer meet with the developers to discuss this matter further. Mr. Geyer sug- gested that the City Attorney m-eet with the attorneys from the San Diego Gas' & Electric Co. to study this matter and resolve such cases. By proper motion the meeting was adjourned at 5:15 P.M.