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HomeMy WebLinkAbout2010-04-27; City Council; Resolution 2010-09615 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 2010-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY DISTRICT NO. 19 ON EL CAMINO REAL BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT 1 2 3 4 n NO. 3957. 5 WHEREAS, on April 6, 2010, the City Council of the City of Carlsbad adopted Resolution 6 No. 2010-070 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the 7 Carlsbad Municipal Code and calling a public hearing to determine whether or not the public 8 health, safety or welfare requires the formation of an underground utility district in a portion of the 9 City of Carlsbad; and provides for the formation in the City of Carlsbad of underground utility 10 districts to accomplish the orderly removal of existing overhead facilities and the construction of new underground facilities; and 12 WHEREAS, pursuant to Resolution No. 2010-070, a public hearing was held on April 27, •10 2010, at 6:00 p.m., in the Council Chambers in the City Hall, Carlsbad, California, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, within that certain area of the City describe as follows: On a portion of El Camino Real from Chestnut Avenue to 3,000 feet south including two parcels at 3821 and 3851 El Camino Real as shown on that certain map entitled "Underground Utility District No. 19", on file in the Office of the City Clerk and incorporated by reference herein; and WHEREAS, said hearing was also held to determine whether or not the City should continue proceedings to create and implement an underground utility district to accomplish said removal and installation; and WHEREAS, notice of said hearing, in the manner and for the time required by law, was given to all affected utility companies and property owners as shown on the last equalized assessment roll; and 28 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 WHEREAS, said hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; and WHEREAS, the underground project will be performed as a San Diego Gas and Electric Rule 20B project where the City of Carlsbad pays for most of the undergrounding costs; and WHEREAS, San Diego Gas & Electric requires that property owners in Rule 20B projects agree in writing to have wiring changes made on their premises. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The City Council of the City of Carlsbad, California, hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service in the above-described area hereby expresses its intent to initiate proceedings for the formation of an underground utility district for the above- described area. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No. 19 of the City of Carlsbad. 4. That the Project Manager obtain the written consent of the affected property owners to have wiring changes made on their premises. 5. That the City Council finds that said District is in the public interest for the following reasons: A. The streets in the District are extensively used by the general public and carry a heavy volume of vehicular or pedestrian traffic. B. The street adjoins and passes through a civic or public recreation area or an area of unusual scenic interest to the general public. C. It will eliminate a heavy concentration of overhead electric facilities. 6. The City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility district No. 19 of the adoption of this resolution 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within ten (10) days after the date of such adoption. Such notification shall be made by mailing a copy of this resolution, together with a copy of Chapter 11.08 of the Carlsbad Municipal Code, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. 6. That the City Council does hereby order said removal and installation within said District. The City Council will fix by subsequent resolution the time within which such removal and installations shall be accomplished. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of April, 2010, by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Mayor Lewis CLAUDE Ann J. Kulchin, Mayor Pro-Tern ATTEST: LORRAINE. (SEAL) Karen R. Kundtz, Assistant City Clerk