Item 3.2 - Ord. Adding Section 12.8.230 to the PMC to Establish Underground Utility District No. 67OF POlY�1
Cary 91Na THE9 C
City of Poway
COUNCIL AGENDA REPORT
APPROVED
M
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
Resolution No.
DATE: May 16, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services�i�
CONTACT: Taryn Kjolsing, Senior Civil Engineer -TRX
(858) 668-4622 or tkjolsing@poway.org
SUBJECT: An Ordinance of the City of Poway, California, Adding Section
12.48.260 to the Poway Municipal Code to Establish
Underground Utility District No. 67
Summary:
On April 15, 2014, the City Council approved a resolution of intention to establish
Underground Utility District No. 67 (Attachment A), which includes undergrounding of
overhead utilities from Mountain Road to 300 feet north of Jerome Drive (Attachment B).
The adoption of the attached ordinance amends the Poway Municipal Code (PMC) and
establishes Underground Utility District No. 67. Undergrounding the overhead utilities will
be part of the larger Espola Road Safety Improvement Project which will construct a
walkway and related improvements on the west side of Espola Road between Mountain
Road and Willow Ranch Road.
Recommended Action:
It is recommended that the City Council take public input, introduce the ordinance amending
the PMC (Attachment C), which would add Municipal Code Section 12.48.260 to establish
Underground Utility District No. 67, and continue the Public Hearing to June 6, 2017, for a
second reading and adoption of the Ordinance.
Discussion:
Prior to undergrounding of existing overhead facilities, California Public Utilities
Commission's Rule 20 (Rule 20) requires the formation of an underground utility district.
By establishing an underground utility district, poles, overhead wires, and associated
overhead structures will be prohibited, unless specifically exempted.
This undergrounding will be funded entirely with the City's available 20A funds, which
come from the rates paid by utility customers and are distributed annually by SDG&E to
jurisdictions to pay for undergrounding projects.
The City intends to use previously appropriated Espola Road Safety Improvements
Project funds to pay for the conversion of electric service panels to accept underground
service for all of the lots within Underground Utility District No. 67 and to pay for trenching
excavation, conduit installation, backfill and surface restoration of each customer's
individual service lateral. The City will also perform panel upgrades if necessary and the
property owners will not be responsible for the cost of this construction.
1 of 11 May 16, 2017, Item #3.2
An Ordinance of the City of Poway, California, Adding Section 12.48.260 to the Poway
Municipal Code to Establish Underground Utility District No. 67
May 16, 2017
Page 2
Environmental Review:
The establishment of a district for financing, and the undergrounding of existing overhead
utilities, is within the scope of the previously certified Final Environmental Impact Report
(EIR) for the Espola Road Improvement Project, which was adopted on June 4, 2013,
therefore no additional environmental review is required.
Fiscal Impact:
The utility undergrounding will be accomplished using the City's allocation of currently
available 20A funds, about $1,674,590, and an advance of five future years' allocations
of approximately $130,000 annually, for a total of approximately $2,324,590 in available
funding. The private service connections will be paid for using previously appropriated
Espola Road Safety Improvements Project funds.
Public Notification:
Notice of this meeting was published in the Poway News Chieftain on May 4 and May 11,
2017 and a public notice was mailed to property owners and occupants located within the
project limits, and to other interested parties.
Attachments:
A. Resolution of Intention to Establish Underground Utility District No. 67
B. Underground Utility District No. 67
C. Ordinance
Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman Morgan Foley
Assistant City Manager City Attorney
ila�c:Ylt„+mow
Tina M. White
City Manager
2 of 11 May 16, 2017, Item #3.2
RESOLUTION NO. 14-015
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
DECLARING THE INTENTION TO ESTABLISH
UNDERGROUND UTILITY DISTRICT NO. 67
WHEREAS, the City Council of the City of Poway desires to establish an
Underground Utility District along Espola Road from Mountain Road to three hundred feet
north of Jerome Drive (Exhibit A) for the purpose of improving the public health, safety, and
welfare by placing all utilities underground; and
WHEREAS, Pursuant to Poway Municipal Code (Chapter 12.48) a Public Hearing
was held on April 15, 2014 to discuss the proposed Underground Utility District; and
WHEREAS, The City Council heard public testimony for and against the proposed
Underground Utility District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1. The foregoing recitals are true and correct and the City Council declares its
intent to establish Underground Utility District No. 67.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 15th day of April 2014.
Don Higginson, Mayor
ATTEST:
R - 00)� oc�t'
Sheila R. Cobian, CMC, City Clerk
3 of 11 ATTACHMENT A May 16, 2017, Item # 3.2
Resolution No. 14-015
Page 2
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 14-015 was duly adopted by the City Council at
a meeting of said City Council held on the 15th day of April 2014, and that it was so
adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
S�Xh q �0 &' �R'
heil . Cobian, CMC, City Clerk
City of Poway
ATTACHMENT:
Exhibit A
4 of 11 May 16, 2017, Item # 3.2
EXHIBIT A- Underground Utility District No. 67
JEROME R
EVE GREEN LN
Exempt Pole
P615446 GOLDEN UNSET LN
DU HU LEN DR
0
w
Ex mpt Pole
z
P3 9105
Wit Guy Only
oCro
sing Espol
Road
E TOPO D
TOWN RD
Exempt Pole
For Guy On
y
801 70H
MTN RD
EL DOLORA WY
FTTM
CARNITAS ST
OF P, CITY of P®WAY
Legend
Underground Utility District No. 67
��T}• IN Ttir Gni
0 125 250 500
Feet
5 of 11 EXHIBIT A May 16, 2017, Item # 3.2
ATTACHMENT 6 - Underground Utility District No. 67
ER MM DR
EVERGREEN LN
Exem pi P ole P61 544
GOLDEN S NSET LN
DUR UL EN 5R
—
Exempt Pole
P319105
With Guy Only
rossing E pola Road
ELT PO DR
Exempt ole
801770H
For Guy my
MTN RD
N
W + E
S
300 150 0
300 Feet
LEGEND
C3 UNDERGROUND UTILITY DISTRICT NO. 67
6 of 11 ATTACHMENT B May 16, 2017, Item # 3.2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
ADDING SECTION 12.48.260 TO THE POWAY MUNICIPAL CODE
TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 67
AND AMENDING SECTION 12.48.160
WHEREAS, the City Council of the City of Poway desires to establish an
Underground Utility District along Espola Road from Mountain Road to three hundred feet
north of Jerome Drive (Exhibit A) for the purpose of improving the public health, safety,
and welfare by placing all utilities underground; and
WHEREAS, Pursuant to Poway Municipal Code (Chapter 12.48) a Public Hearing
was held on April 15, 2014 to discuss the proposed Underground Utility District; and
WHEREAS, The City Council heard public testimony for and against the proposed
Underground Utility District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 12.48.260 shall be added to the Poway Municipal Code
designating the following as Underground Utility District No. 67.
The following described portion of the City of Poway, San Diego County, State of
California, is declared to be Underground Utility District No. 67 of the City of Poway:
Beginning at the Southeast corner of Parcel 4, Parcel Map No. 10915; thence Westerly
along the Southerly line of said Parcel 4 to the Northwest corner of Assessor Parcel 321-
011-06; thence Southerly along the Westerly line of Assessor Parcel 321-011-06 to the
Southwest corner thereof; thence Easterly along the Southerly line of Assessor Parcel
321-011-06 to the Northwest corner of Assessor Parcel 321-011-18 (said point also being
the Northeast corner of Parcel 2, Parcel Map No. 13884); thence Southerly along the
Westerly line of Assessor Parcel 321-011-18 to the Southwest corner thereof (said point
also being the Southeast corner of Parcel 2, Parcel Map No. 13884); thence Easterly
along the Southerly line of said Assessor Parcel 321-011-18 to the Northwest corner of
Assessor Parcel 321-011-10 (said point also being the Northeast corner of Parcel 3,
Parcel Map No. 13884); thence Southerly along the Westerly line said Assessor Parcel
321-011-10 to the Southwest corner thereof (said point also being the Southeast corner
of Parcel 3 of Parcel Map No. 13884); thence Easterly along the Southerly line of
Assessor Parcel 321-011-10 to a point on the Westerly right-of-way of Espola Road, said
point also being the Southeast corner of Assessor Parcel 321-011-10; thence retracing
Westerly along the Southerly line of Assessor Parcel 321-011-10 to the Northeast corner
7 of 11 ATTACHMENT C May 16, 2017, Item # 3.2
Ordinance No.
Page
of Lot 2, Espola Verde Map No. 7570, said point being on the Westerly right-of-way of
Espola Road; thence Southerly along said Westerly right-of-way to the Southeast corner
of Lot 1 of Espola Verde Map No. 7570, said point being on the Northerly line of Assessor
Parcel 321-020-40; thence Easterly along the Northerly line of Assessor Parcel 321-020-
40 to the Northeast corner thereof (said point being on the Westerly right-of-way of Espola
Road); thence Southerly along said Westerly right-of-way to the Southeast corner of
Assessor Parcel 321-020-40, said point being on the Northerly line of Assessor Parcel
321-020-69; thence Easterly along the Northerly line of said Assessor Parcel 321-020-69
to the Northeast corner thereof (said point being on the Westerly right-of-way of Espola
Road); thence Southerly along said Westerly right-of-way to the Southeast corner of
Assessor Parcel 321-020-69; thence Westerly along the Southerly line of Assessor Parcel
321-020-69 to the Northwest corner of Assessor Parcel 321-020-64; thence Southerly
along the Westerly lines of Assessor Parcels 321-020-64, 66, 55 and 56 to the Southwest
corner of Assessor Parcel 321-020-56; thence Easterly along the Southerly line of said
Assessor Parcel 321-020-56 to the Southeast corner thereof, said point being on the
Westerly right-of-way of Espola Road; thence Southerly along said Westerly right-of-way
to the Southeast corner of Assessor Parcel 321-020-41; thence Westerly along the
Southerly line of said Assessor Parcel 321-020-41 to the Northeast corner of Parcel "A"
of City of Poway Tract Map No. 87-08, said point being on the Westerly right-of-way of
Espola Road; thence Southerly along said Westerly right-of-way to the Southeast corner
of said Parcel "A"; thence Easterly, leaving said Westerly right-of-way, perpendicular to
said Westerly right-of-way, to a point on the Easterly right-of-way of Espola Road; thence
Northerly along said Easterly right-of-way to the Northwest corner of Assessor Parcel
321-241-01; thence Easterly, leaving said right of way line, along the Northerly line of said
Assessor Parcel 321-241-01 to the Southeast corner of Assessor Parcel 321-210-50;
thence Northerly along the Easterly line of Assessor Parcel 321-210-50 to the Northeast
corner thereof; thence Westerly along the Northerly line of said Assessor Parcel 321-210-
50 to the Northwest corner thereof, said point being on the Easterly right-of-way of Espola
Road; thence Northerly along said Easterly right-of-way to the Northwest corner of
Assessor Parcel 321-210-45; thence Easterly along the Northerly line of Assessor Parcel
321-210-45 to the Northeast corner thereof; thence leaving said Northerly line
Northwesterly to the Southeast corner of Assessor Parcel 321-210-31; thence Westerly
along the Southerly line of Assessor Parcel 321-210-31 to the Southwest corner thereof,
said point being on the Easterly right-of-way of Espola Road; thence Northerly along the
said Easterly right-of-way to the Southwest corner of Assessor Parcel 321-210-33; thence
Easterly along the Southerly line of Assessor Parcel 321-210-33 to the Southeast corner
thereof; thence Northerly along the Easterly line of said Assessor Parcel 321-210-33 to
the Northeast corner thereof; thence Westerly along the Northerly line of Assessor Parcel
321-210-33 to the Northwest corner thereof, said point being on the Easterly right-of-way
of Espola Road; thence Northerly along said Easterly right-of-way to the Southwest corner
of Assessor Parcel 321-210-40; thence Easterly along the Southerly line of Assessor
Parcel 321-210-40 to the Southeast corner thereof; thence Northerly along the Easterly
line of said Assessor Parcel 321-210-40 to the Northeast corner thereof; thence Westerly
along the Northerly line of said Assessor Parcel 321-210-40 to the Northwest corner
thereof, said point being on the Easterly right-of-way of Espola Road; thence Northerly
along said Easterly right-of-way to the Southwest corner of Assessor Parcel 321-011-24;
8 of 11 May 16, 2017, Item # 3.2
Ordinance No.
Page
thence continuing Northerly along said Easterly right-of-way to a point on said Easterly
right-of-way which bears approximately 107' Northwesterly from the Southwest corner of
Assessor Parcel 321-011-24; thence Westerly, leaving said Easterly right-of-way and
perpendicular to said Easterly right-of-way, to a point on the Westerly right-of-way of
Espola Road; thence Southerly along said Westerly right-of-way to the POINT OF
BEGINNING.
Section 2: Section 12.48.160 shall be amended to read as follows:
The provisions of Article I of this Chapter shall apply to all Underground Utility
Districts described in Sections 12.48.170 through 12.48.260.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code § 36933.
9 of 11 May 16, 2017, Item # 3.2
Ordinance No.
Page
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the sixteenth day of May 2017, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the sixth day of June 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk, of the City of Poway, do hereby certify that the
foregoing Ordinance No. , was duly adopted by the City Council at a regular meeting
of said City Council held on the sixth day of June 2017, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
10 of 11 May 16, 2017, Item # 3.2
EXHIBIT A - Underground Utility District No. 67
EROMIE DR
EVERGREEN LN
Exem pt P
jole P615445
GOLDEN S NSET LN
DUR UL EN CR
OFExempt Pole
P319105
7:With Guy Only
rossing E pola Road
ELT PO DR
Exempt ole
801770H
For Guy qnly
MTN RD -:E
N
l� OF P`g
W+ + E v
S car IN �TtiE c�
LEGEND
300 150 0 300 Feet
UNDERGROUND UTILITY DISTRICT NO. 67
11 of 11 May 16, 2017, Item # 3.2