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Home My WebLink About1997-01-14; City Council; 13993; UNDERGROUND UTILITY DISTRICT NO. 16- MONROE STREET AND CHESTNUT AVENUE AND AMENDING CHAPTER 11.08 OF THE CARLSBAD MUNICIPAL CODE0 py5 . L / / e CITY OF CARLsBAD -AGENDA BILL . .t 0 >., STREET AND CHESTNUT AVENUE AND AMENDING MTG. 1/14/97 CHAPTER 11.08 OF THE CARLSBAD MUNICIPAL CODE DEPT. CA -j. N e I a 0-l RECOMMENDED ACTION: Adopt Resolution No. 96-424 declaring and designating a certain part of thc Underground Utility District No. 16. Introduce Ordinance No. NS- 3?/ 0 C 0 -4 4 0 rn 2 u 1 amending Chapter 11.08 of the Carlsbad 2 a ITEM EXPLANATION: a, u a a 0 cd 2 d m On December IO, 1996, the City Council held the public hearing leading to the for Underground Utility District No. 16. This underground utility district includes portions ( Street and Chestnut Avenue and is shown on “Exhibit 1”. At the conclusion of 1 hearing, the Council directed staff to investigate whether or not the formation of this implicated by the passage of Proposition 218 at the November 1996 election. L proposition, proposed assessment districts are required to follow different procedi those required under Rule 20(A) of the Public Utility Commission and as required by Municipal Code Chapter 11.08. There are no charges levied against private properti1 costs of undergrounding the proposed public utilities. Instead, the preliminary estimz for electrical undergrounding of $1 million are being paid for by San Diego Gas an Company. The City is paying an estimated $150,000 to replace existing utility pole street lights with City standard street lights. Private property owners are only being pay for undergrounding their own service to these future proposed utilities. The GO aspect of the undergrounding represents an approximate cost of $1,000-$1,500 per These costs are not assessments within the meaning of Proposition 218. To n distinction clear, it is recommended that Chapter 11.08 of our Code be updated to references to these costs as assessments. Attached to this agenda bill is an amen Chapter 11.08 which will accomplish this purpose. FISCAL IMPACT: The preliminary costs estimate for electrical undergrounding of District No. 16 is $ These funds are available and will be paid for by San Diego Gas and Electric Comp: Rule 20 (A) of the Public Utility Commission. Other utility companies (Pacific Bell an( Cablevision) will underground their facilities concurrently at their own expense. Each property owner will be responsible for undergrounding their own service at an apy cost of $1,000-$1,500 per service. In addition to the undergrounding costs, existing PO a m m I 2 0 z c) a, r= cd C -ii a 0 b a L) 3 u .d u a 0 !4 d rl *rl c) C u g S 0 .- c. 8 - .- 0 S 3 s 1 + ' ' -. Agenda Bill No. 13 $% Q Page 2 mounted street lights will be replaced with City standard street lights. These costs wi by the City at an estimated cost of $150,000 for District No. 16. The street light rep1 necessary, if street lights are to remain, because the undergrounding project will rerr utility poles. Funding for these street lights is proposed in the 1996-97 fiscal yc Improvement Program. Installing street lights will save the City an estimated $1,200 maintenance costs because maintenance will be performed by City crews and not by EXHIBITS: 1. Resolution No 96-424 2. Ordinance No. /V S - 391 3. Map 4. Redline/Strikeout Version of Ordinance 6 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 9a WE Ys zs uw$j iuu EkS 5Oa9 15 02’. 16 rbso a:$; zwvlo <;ss 404 FS z 00 2% 17 18 19 20 21 22 23 24 25 26 27 28 B RESOLUTION NO. 96-424 A RESOLUTION OF THE CITY COUNCIL OF THE CIW OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY DISTRICT NO. 16 AND MAKING ORDERS IN REGARD THERETO WHEREAS, on November 19, 1996, the City Council of the City of Carlsbad adopted Resolution No. 96-391 expressing its intent to initiate proceedi pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a public hc to determine whether or not the public health, safety or welfare requires the form an underground utility district in a portion of Carlsbad; and WHEREAS, pursuant to Resolution No. 96-391, a public hearing wi on December IO, 1996, at the hour of 6:OO p.m., in the City Council Chambers, 1 Carlsbad Village Drive, Carlsbad, California, to ascertain whether the public heali 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, communication or similar or associated services, within that ce area of the City described as follows: Monroe Street from Chestnut to 500 feet west of Basswood Avenue and Chestnut Avenue; from Monroe Street to Valley Street, as shown on that certain map entitled “Underground Utility District No. 16” dated June 7, 1996, on file in the Office of the City Clerk, and incorporated by reference herein. WHEREAS, said hearing was also held to determine whether or not City should continue proceedings to create and implement an underground utility to accomplish said removal and installation; and 1 > 1 2 3 4 5 6 7 8 9 10 11 12 2% auz m> d ~ cb 13 <08 OW8 l4 4l.l-0 m'Q4-4 9OnL $$$ ' 51 g$z6 16 a-> zdg E:$ 0 a02 pz l7 18 19 2o 21 22 23 24 25 26 27 28 0 0 WHEREAS, notice of said hearing, in the manner and for the time required by law, was given to all affected utility companies and to property owne shown on the last equalized assessment roll and WHEREAS, said hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad, California, hereby and determines that the public health, safety and welfare require the removal of I overhead wires and associated structures, and the underground installation of wi and facilities for supplying electric, communication or similar or associated servic the above-described area. 3. That said area is hereby declared to be an underground utility d and is designated as Underground Utility District No. 16 of the City of Carlsbad. 4. That the City Council finds that said District is in the public inter€ because it will eliminate an unusually heavy concentration of overhead electric fa 5. That the City Clerk is hereby instructed to notify all affected utilit EIII persons owning real property within Underground Utility District No. 16 of the adoption of this resolution within ten (IO) days after the date of such adoption. S notification shall be made by mailing a copy of this resolution, together with a COF Chapter 11.08 of the Carlsbad Municipal Code, to affected property owners as si shown on the last equalized assessment roll and to the affected utilities. 2 I I 4 2 3 4 5 6 7 8 9 10 11 12 a> .law 13 n <% a08 mu? 14 d;g% 804-4 Egg: 9 Oo9 ,a- 15 s>m< aa%o o?'? 16 18 19 20 E:? 401 gzz l7 0 21 22 23 24 25 26 27 28 /I I 0 e 6. That the City Council does hereby order said removal and insta within said District. The City Council will fix by subsequent resolution the time WI which such removal and installation shall be accomplished, and within which afff property owners must be ready to receive underground services. PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad held on the 14th day of January , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin an NOES: None ABSENT: None ALETHA a L. RAUTENKRANZ, City Cle k 3 1 2 3 4 5 6 7 8 9 IO 1 1 12 9m 13 mug &E& 408 Ow% ?LO 14 20:“: cr= a->a goo$? 15 <>a< zwm (I)> ‘4- g Z $ x 16 >2% 17 18 19 E:; 401 60 2o 21 22 23 24 25 *‘ 27 28 EXHIBIT 2 0 0 ORDINANCE NO. NS-391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 1 I, CHAPTER 11.08 REGARDING UNDERGROUND UTILITY Dl STRICTS The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 11, Chapter 11.08 of the Carlsbad Municipi is amended by the amendment of section 11.08.090(e) to read as follows “(e) The notice given by the city engineer to provide the r underground facilities shall particularly specify what work is required to be dol shall state that if the work is not completed within thirty days after receipt of suct- the city engineer will provide such required underground facilities, in which c cost and expense thereof will become a lien upon the property benefited.” SECTION II: That Title 11, Chapter 11.08 of the Carlsbad Municip, is amended by the amendment of the second and third sentences in 11.08.090(f) to read as follows “(9 Upon completion of the work by the city engineer, he sha written report with the city council setting forth the fact that the required unde facilities have been provided and the cost thereof, together with a legal descri the property against which such cost is to become a lien. The council shall thc fix a time and place for hearing protests against the cost of such work upc premises, which said time shall not be less than ten days thereafter.” SECTION Ill: That Title 11, Chapter 11.08 of the Carlsbad Municip is amended by the amendment of section 11.08.090(g) to read as follows: “(9) The city engineer shall forthwith, upon the time for hearir protests having been fixed, give a notice in writing to the person in possession premises, and a notice in writing thereof to the owner thereof, in the hereinabove provided for the giving of the notice to provide the required unde facilities, of the time and place that the council will pass upon such report and \ protests. Such notice shall also set forth the amount of the proposed lien.” 1 1 2 3 4 5 6 7 8 9 io 1 1 12 13 l4 15 am 2WF ??$a 408 Ow% dLL0 $035 E2g rr->o 2°~, =l;zs ZWO~ “azo ozA. 16 OOQ $4 g25 17 - 00 18 19 2o 21 22 23 24 25 26 27 28 0 0 SECTION IV: That Title 11, Chapter 11.08 of the Carkbad M Code is amended by the amendment of section 11.08.090(h) to read as follows: “(h) Upon the date and hour set for the hearing of protests, the shall hear and consider the report and all protests, if there by any, and then prc affirm, modify or reject the lien.” SECTION V: That Title 11, Chapter 1.08 of the Carlsbad Municip is amended by the amendment of section 11.08.090(1) to read as follows: “(I) If these costs are not paid within five days after their confirmati the City Council, they shall become a lien upon the real property as described b! City Engineer, and the City Engineer is directed to turn over to the assessor and collector a Notice of Lien on each of the properties on which these costs have nc paid, and the assessor and tax collector shall add the amount of these costs to tl regular bill for taxes levied against the premises for which the work has been per and has not been paid. These costs shall be due and payable at the same time property taxes are due Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill I// /// Ill 2 1 2 3 4 5 6 7 8 9 10 1 1 12 9a 13 rnwg &E& an8 ow2 5U.a 14 ZAg 15 rr->o 9 OnL ‘Q- “U%D OzJ? 16 g 2 5 l7 m> $035 S&$$ E):; aoA 0 18 19 20 21 22 23 24 25 26 27 28 e 0 and payable, and if not paid when due and payable, shall bear interest at the rate per year.” EFFECTIVE DATE: This ordinance shall be effective thirty days i adoption, and the City Clerk shall certify the adoption of this ordinance and cau be published at least once in a newspaper of general circulation in the City of C within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the C City Council on the day of , 1997, and thereafter PASSED AND ADOPTED at a regular meeting of the City Counci , 1997, by the fc City of Carlsbad on the vote, to wit: day of AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor A-TTEST: ALETHA L. RAUTENKRANZ, City Clerk 3 EXHIBIT 3 w @ LOCATION MAP L r UNDERGROUNDI DISTRlCT BOUh \\/ CA RLSBA D I PRoJECT NAME MONROE STREET AND CHESTNUT AVENUE EXHI r - UNDERGROUNDlNG UTlLlTY DISTRlCT NO. 16 c 0 0 EXH I BIl 3 I ,i “(e) The notice given by the city engineer to provide the re underground facilities shall particularly specify what work is required to be don shall state that if the work is not completed within thirty days after receipt of such the city engineer will provide such required underground facilities, in which ca cost and expense thereof will - pr- bc a lien upon &the property I, “(9 Upon completion of the work by the city engineer, he shall written report with the city council setting forth the fact that the required under! facilities have been provided and the cost thereof, togeth the property against which such cost is to beawsx& shall thereupon fix a time and place for hearing protests a cost of such work upon such premises, which said time shall not be less than te there a fie r. ” “(g) The city engineer shall forthwith, upon the time for hearin! protests having been fixed, give a notice in writing to the person in possession c premises, and a notice in writing thereof to the owner thereof, in the n hereinabove provided for the giving of the notice to provide the required under! facilities, of the time and place that the council will pass upon such report and w protests . Such notice shall also set forth the amount propose “(h) Upon the date and hour set for the hearing of protests, the ( shall hear and consider the report and all protests, if there by any, and then proc affirm, modify or reject the asesww4 e assessor and tax collector shall add the at the same time as the property taxes are due and payable, shall bear interest ai rate of six percent per year.” 1