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:
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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.
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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.
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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
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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)
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- 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
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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:
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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
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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.
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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
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3025.259
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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
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3025.259
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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 ..........
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following vote:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee
NOES: Elone
ABSENT: None
ATTEST:
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,- 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 :