Item 3.3 - Ord. Adding Section 12.48.270 to the PMC to Establish Underground Utility District No. 68Z( OF POLY 9Y
City of Poway
COUNCIL AGENDA REPORT
APPROVED
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
CONTACT: Taryn Kjolsing, Senior Civil Engineer
(858) 668-4622 or tkiolsing ,poway.org rti�K
SUBJECT: An Ordinance of the City of Poway, California, Adding Section
12.48.270 to the Poway Municipal Code to Establish
Underground Utility District No. 68
Summary:
On June 7, 2016, the City Council approved a resolution of intention to establish
Underground Utility District No. 68 (Attachment A), which includes undergrounding of
overhead utilities from 300 feet north of Jerome Drive to 130 feet south of Willow Ranch
Road (Attachment B). The adoption of the attached ordinance amends the Poway
Municipal Code (PMC) and establishes Underground Utility District No. 68.
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 12.48.270
to establish Underground Utility District No. 68, 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.
Construction of this underground utility district will be funded with previously appropriated
Priority Capital Projects funds (0106).
The City also intends to use this funding source to pay for the conversion of electric
service panels to accept underground service for all of the lots within Underground Utility
District No. 68 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 10 May 16, 2017, Item #3.3
An Ordinance of the City of Poway, California, Adding Section 12.48.270 to the Poway
Municipal Code to Establish Underground Utility District No. 68
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:
Based on City Council direction provided at the April 19, 2016 Workshop for Priority
Projects Funding, this utility undergrounding project was funded as part of the June 21,
2016 item for amendments to the FY 2016-17 budget, using an estimated $2.6 million of
the City's General Fund Uncommitted Reserve.
Public Notification:
Notice of this meeting was published in the Poway New 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. 68
B. Underground Utility District No. 68
C. Ordinance
Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
2 of 10 May 16, 2017, Item #3.3
RESOLUTION NO. 16-016
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
DECLARING THE INTENTION TO ESTABLISH
UNDERGROUND UTILITY DISTRICT NO. 68
WHEREAS, the City Council of the City of Poway desires to establish an
Underground Utility District along Espola Road from 300 feet north of Jerome Drive to 130
feet south of Willow Ranch Road (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 June 7, 2016 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. 68.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 7th day of June 2016.
'Steve Vaus, Mayor
ATTEST:
Nanby Wedeld, CMC, City Clerk
3 of 10 ATTACHMENT A May 16, 207, Item # 3.3
Resolution No. 16-016
Page 2
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, CMC, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 16-016 was duly adopted by the City
Council at a meeting of said City Council held on the 7th day of June 2016, and that it was
so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Na cy Nguf6ld, CMC, City Clerk
City of Poway
ATTACHMENTS:
Exhibit A
4 of 10 May 16, 207, Item # 3.3
EXHIBIT A - Underground Utility District No. 68
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5 of 10 EXHIBIT A May 16, 207, Item # 3.3
ATTACHMENT B - Underground Utility District No. 68
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6 of 10 ATTACHMENT B May 16, 207, Item # 3.3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
ADDING SECTION 12.48.270 TO THE POWAY MUNICIPAL CODE
TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 68
AND AMMENDING SECTION 12.48.160
WHEREAS, the City Council of the City of Poway desires to establish an
Underground Utility District along Espola Road from 300 feet north of Jerome Drive to
130 feet south of Willow Ranch Road (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 May 16, 2017 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 12.48.270 shall be added to the Poway Municipal Code
designating the following as Underground Utility District No. 68.
The following described portion of the City of Poway, San Diego County, State of
California, is declared to be Underground Utility District No. 68 of the City of Poway:
Beginning at the Southeast corner of Assessor Parcel 321-011-24; thence Northerly along
the Easterly lines of Assessor Parcels 321-011-24, 321-011-13, 321-011-14 and 321-
011-15 to the Northeast corner of Assessor Parcel 321-011-15; thence Westerly along
the Northerly line of Assessor Parcel 321-011-15 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 321-030-71; thence
leaving said right-of-way Easterly along the Southerly line of Assessor Parcel 321-030-
71 to the Southeast corner thereof; thence along the Easterly line of Assessor Parcel 321-
030-71 Northwesterly along a curve concave to the East to the Northeast corner thereof,
said point being on the Southerly right-of-way of High Valley Road; thence Westerly along
said Southerly right-of-way to the Easterly right-of-way of Espola Road; thence Northerly
along said Easterly right-of-way to the Southwest corner of Assessor Parcel 321-012-52;
thence leaving said right-of-way Northeasterly along the Southeasterly line of Assessor
Parcel 321-012-52 to the Northeast corner thereof; thence Westerly along the Northerly
line of Assessor Parcel 321-012-52 to the Northwest corner thereof, said point being on
the Easterly right-of-way of Espola Road; thence Northerly along said Easterly right -of -
7 of 10 ATTACHMENT C May 16, 207, Item # 3.3
Ordinance No.
Page
way to the Southerly line of Assessor Parcel 278-450-29; thence Easterly along the
Southerly line of Assessor Parcel 278-450-29 to the Southeast corner thereof; thence
Northerly along the Easterly line of Assessor Parcel 278-450-29 to the Northeast corner
thereof; thence Westerly and Northwesterly along the Northerly line of Assessor Parcel
278-450-29 to the Northwest corner thereof, said point being on the Easterly right-of-way
of Espola Road; thence Southerly along said Easterly right-of-way to the Southwest
corner of Assessor Parcel 278-450-29; thence Westerly to the Northeast corner of
Assessor Parcel 278-450-24, said point being on the Westerly right-of-way of Espola
Road; thence Southerly along said Westerly right-of-way to the Northeast corner of
Assessor Parcel 321-012-50; thence leaving said right-of-way Westerly along the
Northerly line of Assessor Parcel 321-012-50 to the Northwest corner of thereof; thence
Southerly along the Westerly lines of Assessor Parcels 321-012-50, 321-012-49 and 321-
012-48 to the Southwest corner of Assessor Parcel 321-012-48; thence Easterly along
the Southerly line of Assessor Parcel 321-012-48 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 Northeast corner of Assessor Parcel 321-011-41; thence
Westerly along the Northerly line of Assessor Parcel 321-011-41 to the Northwest corner
thereof; thence Southerly along the Westerly line of Assessor Parcel 321-011-41 to the
Southwest corner thereof; thence Easterly along the Southerly line of Assessor Parcel
321-011-41 to the Southeast corner thereof, said point being on the Westerly right-of-way
of Espola Road; thence Easterly 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 12.48.270.
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.
8 of 10 May 16, 207, Item # 3.3
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
9 of 10 May 16, 207, Item # 3.3
EXHIBIT A - Underground Utility District No. 68
Exempt Pole P717696 Exempt Pol 697
I
NORTHCREST N
Exempt Pole P717698
N
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O
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317981
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DEL PONIENTE RD
J RO E D
N
OF P,� Y
WE
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400 200 0 400 Feet
Q UNDERGROUND UTILITY DISTRICT NO. 68
10 of 10 May 16, 207, Item # 3.3