Loading...
HomeMy WebLinkAbout1972-10-30; City Council; 896-3; Cannon Road Assessment District AD1-19701 l, -f -* ;2&d *- Tt1E CITY OF CARLSBAD, CALiF0R;dIA Agenda Bi 11 y!o. S7>6 .I + DateOctober 30, 1972 Referred To: .. Subject: Submitted By: Cannon Road Assessment District AD1-1970 Publ ic Works Director Publ ic Hearing - Statement of the Matter City Council Resolutions 2093 and 2097 set 7:30 p.m., October 30, 1972, as the time for Public Hearing on the Cannon Road Assessment District. All publications, posting and mail notices have been performed in accordance with applicable codes and statutes. A proposal for sale of the bonds to a Bonding House has been accepted by Council. The attached resolutions should be acted .upon in the event the Council decides to establish subject Assessment District. -- Exhibit 1) Res 2) Res S-3) Res 4) Res 5) Res Res. the General Plan No,gg/3, Award i ng contract No .301g-. Orderi n’g Work -- Staff Recommendations Adopt appropriate resolutions upon completion of. Publ ic Hearing. 113 No. # 9s .. October 30, 1972 Date: .. City Manager's Recommendation . .. . Concu r. . 10-30-72 - 11 -2-72 Resolu-ion No. 3009 f,ndin-g Cannon Rd project in accord w/Gen Pl'an, adopted. Resolution Nos 3010, 3011, 3012 & 3013, continued to adjourned meeting on Nov. 2, 1972 at 6:OO P.M. . Resolution. Nos. 3010, 3012, 3012-A and 3013,' were .adopted by title only with further reading waived. Resolution No. 3011, was ordered filed with no action taken. Further, approval was given Change Order,.Nos. 1 and 2. ... . ' .. - -2- 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3c 31 32 RESOLUTION NO. 3009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CAL I FORN IA , FIND I NG THAT THE CANNON ROAD IMPROVEMENT IS IN ACCORD WITH THE CIRCULATION ELEMENT OF THE GENERAL PLAN OF THE CITY OF CARLSBAD WHEREAS, Section 65402 of the Ca 1 i fornia Government Code provides that the City of Carlsbad shall carry out a project which may have an effect on the environment only after the Planning Commission of the City of Carlsbad makes a report as to whether or not the project is in conformity with the General Plan of the City of Carlsbad; and WHEREAS, by Resolution No. 850, the Planning Commission of the City of Carlsbad reported that the proposed public project, commonly referred to as the Cannon Road Improvement, conforms with the General Plan of the City of Carlsbad; and WHEREAS, on October 24, 1972, the Planning Commission received an Environmental Impact Report on Cannon Road and determined its effect on the environment as trivial; and WHEREAS, on September 29, 1972, the Director of Public Works of the City of Carlsbad submitted to this City Council the location purpose and extent of the proposed acquisition of real property for, and the proposed construction and authorization of, said Cannon Road Improvement; and WHEREAS, this City Council has considered the evidence relating to said project and is fully informed in the premises, NOW, THEREFORE, BE IT RESOLVED that the City Counc 1 of the City of Carlsbad FINDS, DETERMINES, AND DECLARES as fol ows: 1. That the above recitations are true and correc . 2. That the proposed public project known as Cannon Road Improvement is in accord with the General Plan of the City of Carlsbad, Cal ifornia. 3. That the proposed public project known as Cannon Road c 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 2c 27 2E 25 3c 31 3; Improvement will have only a trivial effect on the environment. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carlsbad, California this 30th day of October ,1972. AYES : Councilmen Dunne, McComas, Lewis, Chase and Frazee. NOES : !\lone. ABSENT: None. ATTEST: I' NORA K. GAADINER, Iepwty City Clerk (SEAL) -. r 1 2 3 4 5 6 7 8 9 10 a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 . -32 - 3025.259. ' RESOLUTION NO. mo '* A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DETERMINING THE RESULTS OF HEARING, OVERRULING PROTESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY =QUIRE CERTAIN WORK OR IMPROVEMENT SUBSTAN- TIALLY AS SET FORTH IN REPORT ON PROJECT UNDER THE MUNICIPAL IMPROVEMENT ACT OF 1913, AS MODIFIED BY THIS RESOLUTION; DETERMINING THAT THE PROJECT IS FEASIBLE AND MAKING OTHER ' DETERMINATIONS CANNON ROAD IMPROVEMENT DISTRICT 1-19 70 The City Council of the City of Carlsbad resolves as follows: 1. Pursuant to Resolution No. 2093, the City Council approved the written report prepared by the Engineer of Work under the Municipal Improvement Act of 1913 and ordered a public hearing on such report for October 30, 1972. 2. Notice of such hearing was given by publication, mailing and posting, as required by law and the provisions of Resolution No. 2093. 3. The public hearing was duly held by this City Council and all written protests or objections, if any, were presented and the City Council gave all persons present an oppertunity to be heard in respect to any matter in that report, the work or improvement, or any of the proceedings thus far. Such hearing was ordered con- tinued until November 2, 1972, at 6:OO p.m., but the portion of the hearing relating to the receipt of protests was closed. 4. Modificationslin the 1913 Act report, consisting of dele- tions of work, changes in the plans and specifications and modifi- cation of the spread of assessment are necessary and the Engineer of Work has filed his modified report, as set out in Exhibit A attached and incorporated in this resolution. 5. The City Council considered the report, and determines that the report contains all of the matters required by law and that it should be modified as detailed in Exhibit A attached. 6. Protests and objections to the 1913 Act report, the work I 1 f r 1 13 li 1: 14 1: 1C 17 1E 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .- or improvement or any of the proceedings thus far are overruled and denied, except as reflected in the modified 1913 Act report. 7. The public interest, convenience and necessity require the work or improvement substantially as set forth in the report, as modified by this resolution; the project for such work is feasible; the lands to be assessed for the owrk will be able to carry the burden of the proposed assessment for the work and the 1913 Act report, .as modified by this resolution, is ordered approved. 8. The City Council confirms all proceedings taken and con- firms the assessments set out in the report of the engineer, as amended by this resolution. 9. The Superintendent of Streets is instr.ucted to record the assessment and diagram in his office pursuant to Section 10600 of the Streets and Highways Code. 10. Notice of recordation of the assessment shall be pub- lished in the Carlsbad Journal, that newspaper being selected pur- suant to Section 10309 of the Streets and Highways Code. PASSED, APPROVED AND ADOPTED By the City Council of the City an adjourned of Carlsbad at/a regular meeting held on November 2, 1972 by the following vote: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: None ABSENT: None I D. -14. DUNIiE , Mayor ATTEST: -2- -1) > 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 2e 29 3c 31 32 RESOLUTION NO. 3011 A RESOLUTION OF THE C UNClL OF THE CITY OF CARLSBAD ESTA NG UNDERGROU CANNON ROAD IMPROVEMENT DISTRICT 1 1. By Resolution No. the underground instal lation of es and facilities for supplying electric, communication, or s ar or associated service, Atchison, Topeka, and Sa Fe Railroad easement to the easterly right of way line of Car d Boulevard, as more particularly delineated in Exhibit tached and made a part of this Resolution owners as shown on last equalized assessment roll and utilities lation of wires and facilities for supplying electric, n or similar or associated service, in the above described area, and that, pursuant to Ordinance No. 7037 of the Cit of Carlsbad, the above described area is declared an Underground Utility District, and is designated as Underground Utility \* .* , 1 t 1 I ( 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 District No. of the City of Carlsbad. Attached as Exhibit A and incorporated as a part of this resolution is a map deline- ating the boundaries of the District. 2. The following exceptions in Underground Utility Distr.ict No. are authorized: Anchor poles at locations as nay be approved by the City Engineer. 3. The Council fixes , 1972, as the date on which affected property owners must be ready to receive under- ground service, and orders the removal of all poles, overhead wires and associated overhead structures, the underground installa tion of wires and facilities for supplying electric, communica- tion, or similar or associated service within Underground Utility District No. , and their reconnection on or before , 1972. 4. The City Clerk is instructed to notify all affected util- ities and all persons owning real property within Underground Utility District No. of the adoption of this resolution within ten (10) days after the date of such adoption. The City Clerk shall further notify the property owners of the necessity that, if they or any person occupying such property desire to con- tinue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixe6 in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to ap- plicable rules, regulations and tariffs of the 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 resolu- tion, together with a copy of Ordinance No. 7037, to affected property owners, as such are shown on the last equalized assess- ment roll and to the affected utilities. I c . 0, ' -t I( 1 11 1: 14 l! 1( 1' I( 1s 2( 21 22 2: 24 25 26 27 28 29 30 31 32 5. The Council finds that Underground Utility District No. is in the general public interest for the following reasons: - (1) The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead'dis- ' tribution facilities. (2) The streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held , 1972, by the following vote: AYES : NOES : ABSENT : - Mayor LTTEST: !ity Clerk , I I I 1( 1: 1; 1; 14 11 1( 1' 1t l! 2( 21 2: 2: 24 25 26 27 28 29 30 31 32 3025.259 .. 3012 J RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AFTER PUBLIC HEARING ON RESOLUTION OF INTENTION CANNON ROAD IMPROVEITENT DISTRICT 1-19 70 The City Council of the City of Carlsbad resolves as follows: 1. A public hearing oh the declared intention of the City' Council to proceed with the work described in the plans and speci- fications on file with the City Clerk and in the 1913 Act report prepared by the Engineer of Work, on file with the City Clerk, was set for October 30, 1972. Such hearing was duly held and all written protests or objections, if any, were duly presented and read and the City Council gave all: persons present an opportunity to be heard in reSpect to any matter relating to the work of im- provement and the hearing was then closed. 2. Such public hearing was combined with the public hearing on the 1913 Act report prepared by the Engineer of Work. The Engineer of Work is ordered to make certain changes'in his report, consisting of deletions of work, changes in the plans and specifi- cations and modifications of the spread of assessment and further hearing on both the 1913 Act report and the resolution of inten- tion is set for November 2, 1972, at 6:OO p.m.; but the portion of the hearing relating to the receipt of protests is closed. PASSED, APPROVED AND ADOPTED by the City Council of the City an gdjourned of Carlsbad at/a regular meeting held on November 2 , 1972, by the following vote: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: Nolle ABSENT: None -L... f " D. M. Dunne, Mayor . I 2 5 C 4 .F € 'i E 5 IC 11 li 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 b 3025.259 .e I c> ' RESOLUTION NO. 301 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AWARDING CONSTRUCTION CONTRACT CANNON ROAD IMPROVEMENT DISTRICT 1-1970 The City Council of the City of Carlsbad resolves as follows: 1. The City of Carlsbad caused notice inviting sealed bids for construction, pursuant to the plans and specifications approve in these proceedings, to be published and posted in accordance wit law. 2. Sealed bids for the construction work in accordance with the notice inviting bids were publicly opened, examined and de- clared on October 26, 1972. 3. The City Council rejects all of the bids, except that mentioned in this resolution, and finds that the bidder named below has made the lowest responsible bid, namely at the prices named in the bid of that bidder on file in the offic of the City Clerk. 4. The City Clerk is ordered to notify such bidder that it has made the lowest responsible bid and that such bid will be held by the City Clerk until completion of the hearing on October 30, 1972, on the 1913 Act report in these proceedings and on the resolution of intention to conduct these proceedings and on the formation of an underground utility district. In the event that the City Council shall order these proceedings to continue on October 30, 1972, then the bid of the above named bidder shall be accepted and the City Engineer is authorized to thereupon enter into a contract with such bidder. PASSED, APPROVED AND ADOPTED by the City Council of the City ' an adjourned of Carlsbad at/a regular meeting held on NoyemberJ,, i972, by the .......... 1 1 1 1 1 2 2 2, 2; 24 21 2f 2: 2E 25 3c 31 32 c following vote: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: Elone ABSENT: None ATTEST: , -2- 3 2 5 & 4 F E s E C r 1c 11 1; 1: 14 1: 1E 13 1€ 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 ,- 3025.259 .A' RESOLUTION NO. 301 2-A A mSOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ORDERING WORK CANNON ROAD IMPROVEMENT DISTRICT 1-19 70 The City Council of the City of Carlsbad resolves as follows: 1. A p.ublic hearing was held on the declared intention of thl City Council to proceed with the work described in the plans and specifications on file with the City Clerk and in the 1913 Act report prepared by the Engineer of Work, on October 30, 1972, at 7:33 p.m. 2. All protests were heard and considered and the Engineer 0: Work was ordered to modify his report under the Municipal Improve- ment Act of 1913. The modified 1913 Act report has been prepared and filed by the Engineer of Work and such report was approved by the City Council in Resolution No. 3010 , as modified by that resolution, and the modified assessments were confirmed. 3. Except as reflected in the modified 1913 Act report of tht Engineer of Work, all protests are overruled and denied and the City Council orders the proposed improvements to be made in accord- ance with the report of the Engineer of Work, as modified, and in accordance with these proceedings. PASSED, APPROVED AND ADOPTED by the City Council of the City an adjourned of Carlsbad at/a regular meeting held on November 2, , 1972, by the following vote: AYES: Councilmen Dunne, McComas, Lewis, Chase and NOES : ABSENT : Mayor ATTEST :