The URL can be used to link to this page

Home My WebLink About1986-06-03; City Council; 8639; SB 2477 Ellis Street Improvements... ,f Q ~ a::: a. a. < .. z 0 § < ..I 0 z :::, 0 (,) ~ - Cll ,# OF CARLSBAD -AGEND .. BILL G) AB# Ft. 3'i MTG. 6/3/86 DEPT._C_M __ SB 2477 (ELLIS) DEPT: HO. __ CITY ATTY V f/3 CITYMGR. ~ RECOMMENDED ACTION: That Council oppose SB 2477 (Ellis). BACKGROUND Chapter 27 of the Assessment District Act of 1911 allows the City Council to initiate proceedings to require property owners to install street improvements when more than 50 percent of a block is already approved. SB 2477 would prohibit Council from proceeding if majority protest is received from property owners. Since most Chapter 27 Act proceedings deal with single owner- ships, the protest provision would frustrate the use of Chapter 27. This Act has worked well in California and in Carlsbad and should not. be changed. It is a fair method of financing small infill projects. Suggest Council authorize the Mayor to sign the attached letter. FISCAL IMPACT: None. EXHIBITS: l. 2. Letter from Lynn McDougal, City Attorney, City of El Cajon dated 5/20/86 -requesting support in opposing SB 2477. Letter from Mayor Casler urging support in opposing SB 2477. I / OFFICE OF THE CITY ATTORNEY LYNN R. M~00UGAL. CIT~TTOIINCY STe:l'H!N M. ECKIS{lfj~ ', _ PATRICK F, O'CON ' r4,\NT ..,. .. , . . .,., I· ,· TELEPHONE (e19) tM0-1776 May 20, 1986 All Members San Diego county City Attorneys• Association Re: senate Bill 2477 (Ellis) We urge your zealous support in opposing the above Senate Bill, which, in our opinion, totally emasculates the use of Chapter 27 for mino~ improvements, except on cul-de-sac streets. 'l'he current Chapter 27 procedure not only permits a "fast- track" method of improvements, it also may De utilized to cause a recalcitrant property owner to put in improvements if neighboring improvements have been guaranteed or installed. The proposed Bill would permit a few neighborhood holdouts, if popular with others, to avoid having to contribute their share, no matter how minor the project. Senate Bill 24 77 would require that a full ''District Proceedings" be undertaken; if there is a majority protest the proceedings can be stopped. 'l'his is absolutelY. unfair in the City of El Cajon, and in most other cities, tecause, in most cases, the other property owners have paid for improvements fronting their property. Senator Ellis•s ptoposal is unnecessary and counter- productive for minor sidewalk and curb projects. Please prevail upon your city council to writ ✓,, o_penator Ellis and the League of California Cities in op s1µ·· to this Bill. ~ Yo,: ,re~ {) /'P/OU ... ~'V~b~ ~-Atto:rney LRM:lb EXHIBIT 11 1 11 200 EAST MAIN STREET • EL CAJON, CALIFORNIA 9202.0 - issue to reach a mutually agreeable. solution that protects both local gollernments' power to regulate and businesses' ability to do business. If such a compromise is reached this month, the bills will probably be set for hearing. Otherwise, they will be giv.en interim hearings. j i: .... Three of these bills (AB 4146, AB 3858, and SB 2522) lessen cities' authority over establishments which sell alcoholic beverages, and one (AB 3366) prohibits the combined sale of alcohol and gasoline at the same establishment. Many thanks to the tremendous response from cities in opposition to (AB 4146, AB 3858, and SB 2522). The heavy lobbying by city officials has undoubtedly contributed to this result. Cities are requested to thank Assemblyman Condit for his leadership in this issue. • 6. "REVIEW & COMMENT 1911 Act Street Improvements. SB 2477 (Ellis). ·· The 1911 Improvement Act is one of three acts empowering local agencies to levy special assessments to finance a wide variety of public improvements, including streets, sidewalks, storm drains, sewers, and street lignts. Senerany, if owners of mare than half of the property area to be assessed protest, the local agency may not proceed unless 4/Sths of the legislative body overrule the protest. for minor sidewalk and curb firojects on local streets (e.g., $10,000 per -project), the Act permits aocal agency to fol low streamlined procedures often referred to as "Chapter 27 procedures.• Using these procedures, a local agency may proceed with assessment and construction after comparatively brief public hearings and no specific property-by-property cost estimates. SB 2477 removes the following property from the "fast-track" procedures in Chapter 27 of the 1911 Improvement Act: -property fronting, adjacent to, or in conjunction with an arterial or collect~r street, -a street with more than one traffic lane in each direction, -a street on which more than 60% of the average daily vehicle trips neithe~ begin nor end within the ~roposed assessment district~ SB 2477 has been approved by the Senate Local Government Committee. review and conment is invited. Your 7. INFORMATION SB 300 Foran and SB 367 The League has received many telephone calls from cities in regard to SB 300 and SB 367. As you will remember, SB 300 provided a potential of $340 million over a two-year period to cities and counties for street and road maintenance and reconstruction. Cities received the first allocation of money under SB 3CO on December 31, 1985. SB 367, follow-up legislation to SB 300, permitted cities to expend that money one year from the date of disbursement as opposed to having to expend the monies by the end of the 1985-86 fiscal year. Recently, cities have received a second check under the provisions of SB 300 and this second check is the result of Congress enacting a measure to 5 MAY 9, 1986 1200 ELM AVENUE CARLSBAD, CA 92008-1989 011/ce of the Mayor Qtitp of QL:arlsbab SB 2477 (ELLIS) -OPPOSE This Bill would eliminate an effective method of getting minor sidewalk and street projects built. TELEPHONE (619) 438-5599 Chapter 27 of the Streets and Highways Code has been used for over 50 years in California to provide a financially feasible method of installing street improvements within urban areas already built out. If more than 50 percent of a block has curb and sidewalk, a city can initiate an assessment district to fill in the missing link. It is a simple and effective procedure for the elected City Council to alleviate defi- ~iencies in local streets. The Carlsbad City Council unanimously urges you to oppose SB 2477. The public interest requires the retention of this fair and tested method of completing needed street improvements. MARY H. CAS:,ER Mayor MC:FA:saf Exhibit 11 2 11