Res 90-182RESOLUTION NO. 90-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA, ESTABLISHING UNDERGROUND
UTILITY DISTRICT NO. 62 IN THE CITY OF POWAY ON
GARDEN ROAD BETWEEN POWAY ROAD AND 200' EAST OF ACTON AVENUE
WHEREAS, by Resolution No. 90-167, a public hearing was called for September
4, 1990, in the City Council Chambers, 13325 Civic Center Drive, Poway,
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, com-
munication, or similar or associated service, within that certain area of the
City of Poway described in Exhibit A attached hereto and incorporated herein;
and
WHEREAS, notice of such hearing has been given to all affected property
owners as shown on the last equalized assessment roll and utilities concerned in
the manner and for the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons
interested have been given an opportunity to be heard.
WHEREAS, C.P.U.C. Decision 82-01-18 provides that upon request of a local
governing body, the utility will pay up to 100 feet of the customer's service
lateral and the City of Poway hereby requests SDG&E to expend Tariff Rule 20.A
and Pacific Bell to expend Tariff Rule 32.A allocated funds for existing custo-
mers within established Underground Utility District No. 62 and for which speci-
fic addresses are listed in Exhibit B , and
WHEREAS, C.P.U.C. Decision 82-01-18 gives authority to use allocated funds
for customers' service laterals, and
WHEREAS, the customers' conversion of their service equipment will not be
part of any 20.A or 32.A allocated funds to be disbursed, and
WHEREAS, SDG&E and Pacific Bell will pay for, but not install, up to 100
feet of service lateral, and
WHEREAS, the list of customers involved is attached hereto as Exhibit B
incorporated herein by reference as if set forth in full, and
WHEREAS, SDG&E and Pacific Bell will make only one payment to the City which
will represent the total amounts agreed upon for the customers' service laterals
listed in the exhibit, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway
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, com-
munication, or similar or associated service, and that pursuant to Poway
Municipal Code Section 12.48, the above-described area is hereby declared an
Underground Utility District and is designated as an Underground Utility
District No. 62 of the City of Poway. The boundaries of said district are deli-
neated on Exhibit A, and hereby incorporated as part of this Resolution.
GARD-UUD1
Resolution No. 90-182
Page 2
BE IT FURTHER RESOLVED, that the Council does hereby fix April 1, 1991 as
the date on which affected property owners must be ready to receive underground
service, and does hereby order the removal of all poles, overhead wires, and
associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication, or similar or associated ser-
vice within Underground Utility District No. 62 on or before May 10, 19go.
BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify all
affected utilities and all persons owning real property within Underground
Utility District No. 62 of the adoption of this Resolution within ten {10) days
after the date of such adoption. Said City Clerk shall further notify said pro-
perty owners of the necessity that, if they or any person occupying such pro-
perty desire to continue to receive electric, communication or other similar or
associated service, they or such occupant shall, by the dated fixed in this
Resolution, provide all necessary facility changes on their premises so as to
new location, subject to applicable rules, regulations, and tariffs of theat a
respective utility or utilities on file with the Public Utilities Commission of
the State of California as of the date of adoption of this Resolution. Such
notification shall be made by mailing a copy of this Resolution to affected pro-
perty owners as such are shown on the last equalized assessment roll and to the
affected utilities.
BE IT FURTHER RESOLVED, that the Council hereby finds that the Underground
Utility District herein created is in the general public interest for the
following reasons:
The undergrounding to be accomplished will avoid or eliminate
an unusually heavy concentration of overhead distribution
facilities;
The streets, roads or rights-of-way in the District are
extensively used by the general public, and carry a heavy
volume of pedestrians or vehicular traffic; and
3. The said streets, roads or rights-of-way adjoin or pass
through a civic area.
BE IT FURTHER RESOLVED as follows:
The City of Poway elects to establish a limit of $1000 per
service lateral which represents the total cost or subsity
to help offset the cost of such service laterals, up to
100 feet in length.
e
The customer's conversion of their service equipment will
not be considered part of the service lateral and therefore
will not be allocated any 20.A or 32.A funds. This would be
in conformity with CPUC Decision 82-01-18.
GARD-UUD2
Resolutlon No. 90-182
Page 3
o
A servlce lateral, for the purpose of definition, shall mean
trench, backfill, and any necessary conduit from the customer's
property line to the underground sweep at the base of the
customer's termination facility. In those cases where the
servlce conduit enters the customer's building, the service
lateral will terminate at the point where the conduit enters
the building.
When all customers have satisfactorily backfllled the trench
and passed City inspection for the conversion of their electric
metering equipment to receive underground service, SDG&E and
Pacific Bell will pay the City of Poway an amount equal to the
total cost of all service laterals.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 4th day of September, 1990.
Don Hlggi~q~on, Mayor
ATTEST:
Marjorii'e ~. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 90-182was duly
adopted by the City Council at a meeting of said City Council held on the 4th
day of September, 1990, and that it was so adopted by the following vote:
AYES:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie I~. Wahlsten, City Clerk
City ol~Oway
GARD-UUD3
UI',iDERGROUND UTILITY CONVERSION
GARDEN
RD
Re~olution~'No.90-182
Page 4
CITY OF POWAY
SCALE':
UNDERGROUND
UTILITY DISTRICT
~ BY DEVELOPER
ITEM :
TITLE:
BOUNDARY MAP
EXHIBIT A
323-145-10
',Elma M. Soule
13237 Acton Ave.
Poway, CA 92064
323-146-03
Eugene D. Garner
3221Cadden Court
San Diego, CA 92117
323-146-01
Greg E. Wakeman
13236 Acton Ave.
Poway, CA 92064
323-146-04
Albert A. Aichroth
2726 Fernglen Rd.
Carlsbad, CA 92008
Resolution No. 90-182
Page 5
323-146-02
Ruth E. Stewart
14549 Garden Rd.
Poway, CA 92064
323-146-05
James C. Stanton
14586 Garden Rd.
Poway, CA 92064
323-146-06
Timothy K. O'Connor
14525 Garden Rd.
Poway, CA 92064
323-146-07
Edgar E. Wagner
14519 Garden Rd.
Poway, CA 92064
323-146-08
Walter P. Foley
14513 Garden Rd.
Poway, CA 92064
323-146-09
Peter V. Daly
3560 Tomahawk Ln.
San Diego, CA 92117
323-146-10
Joseph F. Porzel
14501 Garden Rd.
Poway, CA 92064
323-141-05
Michael A. Bray
14439 Garden Rd.
Poway, CA 92064
323-141-04
Philip A. Becker
14433 Garden Rd.
Poway, CA 92064
323-141-01
Nancy Higbie
74415 Garden Rd.
Poway, CA 92064
323-141-03
Joseph D. Perkins
14427 Garden Rd.
Poway, CA 92064
323-160-37
John E. Hilzinger
1439 Buckskin Dr.
Escondido, CA 92025
323-141-02
Michael C. Allen
5605 Caminito Katrinl
San Diego, CA 92111
323-330-42
Warren E. Winder
14580 Garden Rd.
Poway, CA 92064
323-330-41
Gordon R. Cooke
14566 Garden Rd.
Poway, CA 92064
323-330-47
James C. Stanton
14586 Garden Rd.
Poway, CA 92064
323-032-34
Mel R. Frisbie
14552 Garden Rd.
Poway, CA 92064
232-032-33
Eugene Palos
14548 Garden Rd.
Poway, CA 92064
323-032-14
Donald L. Zamboni
14430 Garden Rd.
Poway, CA 92064
232-032-05
Dale E. Russell
14408 Garden Rd.
Poway, CA 92064
323-032-04
Hans P. Stein
13314 Neddick Ave.
Poway, CA 92064
232-060-02
Rasoul Abdel
14251 Garden Rd.
Poway, CA 92064
GARD-ESMTS
323-350-20
William B. Ogle
14338 Garden Rd.
Poway, CA 92064
323-270-50
Lloyd H. Whiteley
14231 Garden Rd.
Poway, CA 92064
232-350-01
Dorothy Mason
14336 Garden Rd.
Poway, CA 92064
EXHIBIT B