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HomeMy WebLinkAbout2004-08-10; City Council; 17754; Underground Utility Distric No. 17 Public Hearing4B# 17,754 ATG. 8/10/04 IEPT. ENG CITY OF CARLSBAD -AGENDA BILL UNDERGROUND UTILITY DISTRICT NO. 17 ROOSEVELT STREET BETWEEN CARLSBAD VILLAGE DRIVE AND MAGNOLIA AVENUE, - TITLE: (CITYMGR. k PROJECT NO. 3895, PUBLIC HEARING RECOMMENDED ACTION: Adopt Resolution No. 2004-270 Underground Utility District No. 17. declaring and designating a certain part of the City as ITEM EXPLANATION: On July 13, 2004, the City Council adopted Resolution No. 2004-236 expressing intent to determine whether to form an underground utility district and setting a public hearing for August 10, 2004. All affected property owners within the proposed district boundaries were notified of the public hearing at least fifteen (1 5) days in advance by mail. The boundaries of the proposed district include a portion of Roosevelt Street, as shown on Exhibit 1. The City Council on July 12, 1994 adopted a program of priority utility underground projects as shown in Exhibit 2, attached. Staff has met in the field with representatives to the utility companies and established the exact boundaries of the district with due consideration for the location of utility facilities, service to existing buildings, and property boundaries. After affected property owners have had an opportunity to speak at the public hearing, Council may determine that the public health, safety and welfare require the removal of overhead lines and the installation of underground utilities and adopt the attached resolution. If the district is formed, San Diego Gas and Electric Company, SBC Telephone and Adelphia Cable will prepare plans, obtain permits and right-of-way (if needed) and start construction. It is estimated that the design work will take 9 months to complete. The dates when properties must be disconnected from the overhead lines and when the lines will be removed will be established by the City Council when a definite construction schedule has been established. AI flow chart of the underground procedure is attached as Exhibit 3. An informal meeting was held and all property owners were invited. The purpose of the meeting was to answer questions and explain the district process to the property owners within the district. FISCAL IMPACT: The preliminary cost estimate for electrical undergrounding of District 17 is at $991,500. These funds are available and will be paid for by San Diego Gas and Electric Company as provided under Rule 20A of the Public Utility Commission. Other utility companies (SBC Telephone and Adelphia Cable). Other utility companies (SBC Telephone and Adelphia Cable) will underground their facilities concurrently at their own expense. In addition to underground costs, existing utility pole-mounted streetlights will be removed and replaced with City standard streetlights. These costs will be borne by the City at an estimated amount of $250,000 for District 17. The streetlight light replacement is necessary, if streetlights are to remain, because the undergrounding project will remove all the utility poles. Funding for these streetlights is proposed in 2004-05 fiscal year, Capital Improvement Program. Page 2 of Agenda Bill No. 17,754 ENVIRONMENTAL IMPACT: EXHIBITS: 1. Location Map of Underground Utility District No. 17 and Parcel list 2. Utility Undergrounding Program dated May 26, 1994 3. Flow Chart: Formation of an Underground Utility District 4. Resolution No. 2004-236 expressing intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a public hearing to determine whether the public health, safety, or welfare require the formation of an underground utility district on a portion of Roosevelt Street between Carlsbad Village Drive and Magnolia, Project 3895. 5. Adopt Resolution No. 2004-270 declaring and designating a certain part of the City as Underground Utility District No. 17, Project No. 3895. DEPARTMENT CONTACT: Lloyd Hubbs, 760-602-2749, 1hubbQci.carlsbad.ca.us r LOCATION MAP I EXHIBIT 1 ROOSEVELT STREET, PROJECT 3895 UNDERGROUNDING UTILITY DISTRICT NO. 17 PROJECT NAME I 3 C: ‘\GlS\krcVi.3wPrajec t\... \liUDrstri?-.L~~~~~p -.04-19-04.dw<~ 04/7 9/04 15: 4C Ey: if? Y 52 2040910900 3369 53 204091 0800 3359 54 204091 0600 3347 ROOSEVELT ST ROOSEVELT ST ROOSEVELT ST * - vacant lots 75 76 77 78 2033060900 3067 ROOSEVELT ST 2033060800 3055 ROOSEVELT ST 2033060700 ROOSEVELT ST 2033060600 3045 ROOSEVELT ST * -.,. Engineering Department Exhibit 2 City of Carlsbad UTILITY UNDERGROUNDING PROGRAM Recommended by Underground Utility Advisory Committee May 26,1994 *Completed Projects I- o Qc T T T T !- c T M. L - m I X W 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 28 RESOLUTION NO. 2004-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXPRESSING ITS INTENT TO INITIATE PROCEEDINGS PURSUANT TO CHAPTER 11 -08 OF THE CARLSBAD MUNICIPAL CODE AND CALLING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON A PORTION OF ROOSEVELT STREET BETWEEN CARLSBAD VILLAGE DRIVE AND MAGNOLIA AVENUE. PROJECT NO. 3895. WHEREAS, Chapter 11.08 of the Carlsbad Municipal Code provides for the formation in the City of Carlsbad of underground utility districts to accomplish the orderly removal of existing overhead facilities and the construction of new underground facilities; and WHEREAS, the City has consulted with the affected utilities and has conducted preliminary studies and made investigations concerning the feasibility of such a district in an area generally on Roosevelt Street from 200 feet south of Carlsbad Village Drive to Magnolia Avenue; and WHEREAS, said studies and investigations indicate that further proceedings pursuant to Chapter 11.08 are warranted to determine whether or not the district should be established. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. The Council hereby expresses its intent to initiate proceedings for the formation of an underground utility district for the above- described area to be knows as Underground Utility District No. 17, Project No. 3895. 2. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Carlsbad on August 10,2004 at the hour of 6:OO p.m. in the City Council Chambers, at 1200 Carlsbad Village Drive, Carlsbad, California, to ascertain whether the public health, safety, or welfare require the removal of poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the area hereinabove described and to determine whether or not the City should continue proceedings to create and implement an underground utility district to accomplish said removal and installation. Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 2l 26 27 28 3. The full reimbursement shall be deducted from 20A conversion funds and utilized as service conversion to residences and businesses for furnishing all labor, materials, equipment and incidentals to construct underground utility service trench to private residences and businesses within the project limits that are to remain intact. No expense shall be incurred by the property owner unless an increase in panel size is requested by them. 4. 5. The City Council hereby waives permit fees associated with property conversions. At said hearing, all persons interested are invited to appear and present their views and all such persons shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 6. The Area to be included within the proposed District No. 17 is shown upon that certain map, entitled 'Underground utility District No. 17, Project No. 3895 which is on file in the Ofice of the City Engineer of the City of Carlsbad, and which is incorporated by reference herein. 7. The City Clerk shall give notice of the time and place of the hearing to all property owners within the District as shown on the last equalized assessment rolls or as known to the City Clerk and to each public utility within the District by mailing a copy of this resolution to such property owners and such utilities at least fifteen (15) days prior to the date thereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13th dayof July ,2004 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall t Packard. n ATTEST / 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 28 EXHIBIT 5 RESOLUTION NO. 2004-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY DISTRICT NO. 17, PROJECT NO. 3895 AND MAKING ORDERS IN REGARD THERETO. WHEREAS, on July 13, 2004, the City Council of the City of Carlsbad adopted Resolution No. 2004-236 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a public hearing to determine whether or not the public iealth, safety or welfare requires the formation of an underground utility district in a portion of Carlsbad; and provides for the formation in the City of Carlsbad of underground utility districts to accomplish the orderly removal of existing overhead facilities and the construction of new underground facilities; and WHEREAS, pursuant to Resolution No. 2004-236, a public hearing was held on August 10, 2004, at 6:OO p.m., in the Council Chambers in the City Hall, Carlsbad, California, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and sssociated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, within that certain area of the City describes as follows: On a portion of Roosevelt Street from 200 feet south of Carlsbad Village Drive to Magnolia Avenue as shown on that certain map entitled “Underground Utility District No. 17” dated, on file in the Office of City Clerk and incorporated by reference herein.; and WHEREAS, said hearing was also held to determine whether or not the City should continue proceedings to create and implement an underground utility district to accomplish said removal and installation; and 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 owners as 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. 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 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. The City Council of the City of Carlsbad, California, 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, communication or similar or associated service in the above-described area hereby expresses its intent to initiate proceedings for the formation of an underground utility district for the above-described area. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No 17, Project 3985 of the City of Carlsbad. 4. reasons: That the City Council finds that said District is in the public interest for the following A. It will eliminate an unusually heavy concentration of overhead electric facilities. The streets in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. The streets adjoin and pass through a civic or public recreation area or an area of unusual scenic interest to the general public. B. C. 5. The City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District no. 17, Project 3895 of the adoption of this resolution within ten (1 0) days after the date of such adoption. Such notification shall be made my mailing a copy of this resolution, together with a copy of Chapter 11.08 of the Carlsbad Municipal Code, to affected property owners as such are shown on the last equalized assessment roll and to the affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. 6. That the City Council does hereby order said removal and installation within said District. The City Council will fix by subsequent resolution the time within which such removal and installation shall be accomplished. Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 f 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The full reimbursement shall be deducted from 20A conversion funds and utilized as service conversion to residences and businesses for furnishing all labor, materials, equipment and incidentals to construct underground utility service trench to private residences and businesses within the project limits that are to remain intact. No expense shall be incurred by the property owner unless an increase in panel size is requested by them. 8. The City Council hereby waives permit fees associated with property conversions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 10th day of Ausust , 2004 by the following vote, to wit: Council Members Lewis I Finnila, Kulchin I and Packard AYES: 5 (SEAL) PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter, I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California This \9 Day of July, 2004 NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk’s Filing Stamp & &A7 Proof of Publication of nevm. I 3. The full reimbursement shall be deducted fmm 20A converslonfun andutlhd w~ceoolnrerslonto rwences &mi sfor%& d1-r ma- ten& dmbnt ~&igw&ate avldentals to %strut3 residences uhder- and that an to llemlfl Intact. o expense s all be Incurred by the properly owner unless an increase in panel mze Is requested by July 15, 2004 CARLSBAD PROPERTY OWNER RE: Public Hearing - August IO, 2004 Attached is Resolution No. 2004-236, adopd by the Carlsbad City Council on Tuesday, July 13, 2004, a Notice of Public Hearing, and a map of the affected area. This resolution sets a public hearing for the Carlsbad City Council to hear public comment regarding the City’s intention to initiate proceedings to determine whether the public health, safety, or welfare require the formation of an underground utility district on a portion of Roosevelt Street between Carlsbad Village Drive and Magnolia Avenue. If you have any questions, please contact Lloyd Hubbs, Public Works Director, at (760) 602-2730. @!&d!.&?* ISABELLE PAULSEN, CMC Deputy Clerk /ij p Attachments 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 0 (760) 434-2808 @ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing has been scheduled by the City Council of the City of Carlsbad on August IO, 2004, starting at 6:OO p.m. in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, to consider the following: Underground Utility District No 17, along a portion of Roosevelt Street from 200 feet south of Carlsbad Village Drive to Magnolia Avenue. A public hearing will be held to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the installation of wires and facilities for supplying electric, communication, or similar or associated service in the District hereinabove describe. All comments, oral and written, will be accepted by the City Council. Written comments may be mailed to the City of Carlsbad, Attn: City Clerk’s Office, 1200 Carlsbad Village Drive, Carlsbad, California 92008. If you have any questions regarding this matter, you are encouraged to contact, Lloyd Hubbs, Public Works Department, telephone number 760-602-2730. All written comments submitted one full week in advance of the meeting will be distributed to the City Council with the agenda report. “Important Notice to all interested persons: If you challenge in court, the action or actions in this notice may be limited to raising only those issues you or someone else raided at the public hearing describe in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing.” i Dated: July 25, 2004 -- . ‘ ., t LOCATION MAP ROOSEVELT STREET, PROJECT 3895 PROJECT NAME UNDERGROUNDING UTILITY DISTRICT NO. 17 I 1 :: \GIS\ArcViewProject\ ...\ UUDistrl7JocMap-04-19-04-SE.dwg 04/19/04 15: 40 By: LR URETA JORGE A JR C/O JIM URETA 8011 CROSSRIDGE RD DUBLIN CA 94568 EISEL ECKHARDTIASHIRLEY M 421 TAMARACK AVE CARLSBAD CA 92008 MORENO FRANCES 1611 JAMES DR CARLSBAD CA 92008 JOIN HANDSSAVE A LIFE 3528 MADISON ST CARLSBAD CA 92008 BOLL RUDOLPH 1326 TENNIS CLUB DR ENClNlTAS CA 92024 GASTELUM RUBEN EMARGARET P 1975 MAGNOLIA AVE CARLSBAD CA 92008 TREJO CONSUELO 1611 JAMES DR CARLSBAD CA 92008 EISEL ECKHARDT&SHIRLEY M 421 TAMARACK AVE CARLSBAD CA 92008 CHALFANT THERESA E 1611 JAMES DR CARLSBAD CA 92008 SMITH SUSAN M 3320 ROOSEVELT ST CARLSBAD CA 92008 TREJO CONSUELO C/O CONSUELO TREJO P 0 BOX 281 CARLSBAD CA 92008 CARREON ROBERT SR&JOSEPHINE M PENDLETON FAMILY TRUST 07-06-90 3309 ROOSEVELT ST CARLSBAD CA 92008 1312 NEPTUNE AVE ENClNlTAS CA 92024 ANGEL RAYMOND M&FLORENCE R 3329 ROOSEVELT ST 3208 VIA RIBERA 525 CARLSBAD VILLAGE DR CARLSBAD CA 92008 ESCONDIDO CA 92029 CARLSBAD CA 92008 KELLEY FAMILY TRUST 01-31-95 NIELSEN ROBERT L TR MIYAO KANJI 3220 LOCUST AVE LONG BEACH CA 90807 MATA ROBERT&MANUELA 3359 ROOSEVELT ST CARLSBAD CA 92008 FLORES JOE A&RUTH A TRS 2010 KARREN LN CARLSBAD CA 92008 BORNIA COLIN A 10468 HOT MINERAL SPA RD NILAND CA 92257 MAUGA MARIA G 3347 ROOSEVELT ST CARLSBAD CA 92008 WALLACE CLICK B&AUTUMN 3378 ROOSEVELT ST CARLSBAD CA 92008 SANDWELL DAVID J&BARBARA A 3390 ROOSEVELT ST CARLSBAD CA 92008 MURPHY STEVEN 3369 ROOSEVELT ST CARLSBAD CA 92008 JAMES JOYCE ATR 3931 GARFIELD ST CARLSBAD CA 92008 MARTINEZ JOSEFA (LE) 1292 AMADOR ST VISTA CA 92083 CRUZ GUERRERO&ELEANOR L 635 CHESTNUT AVE CARLSBAD CA 92008 REZA ALEX A 25024 HIGHSPRING AVE NEWHALL CA 91 321 ccct7- 17 SAMUELS ANN C/O B OF A REAL DIV 4030 20 N RAYMOND AVE PASADENA CA 91 103 ACUNA GILBERT 91 MAYNARD AVE NEWBURY PARK CA 91320 MAR VISTA TRUST 06-26-92 C/O RICHARD V MADAMA P 0 BOX 1481 CARLSBAD CA 9201 8 SHELLEN II LTD PARTNERSHIP 4522 TRIAS ST SAN DIEGO CA 92103 TERAN SARA C 305 DATE AVE CARLSBAD CA 92008 NOBEL FAMILY TRUST 02-1 8-98 P 0 BOX 99550 SAN DIEGO CA 921 69 MANNO ILARIO&MARIE 3067 ROOSEVELT ST CARLSBAD CA 92008 CIRCLE K STORES INC C/O TOSCO MKT CO #DC 17 P 0 BOX 52085 PHOENIX AZ 85072 BOYS&GIRLS CLUB OF CARLSBAD P 0 BOX 913 CARLSBAD CA 9201 8 DU SHAUNE JESSICA 31 50 ROOSEVELT ST CARLSBAD CA 92008 NEVARES EDWARD X 3135 ROOSEVELT ST CARLSBAD CA 92008 PINAMONTI MARY J TRUST VISTA CA 92084 2244 S SANTA FE #B-02 VALDEZ FAMILY TRUST 02-25-92 C/O MANUEL VALDEZ 2506 SAN CLEMENTE AVE VISTA CA 92084 JAMES JOYCE ATR 3931 GARFIELD ST CARLSBAD CA 92008 VALADEZ DAVID L JRIDORA - .gzsL LUPER MARK S&EDEE A P 0 BOX 2084 CARLSBAD CA 9201 8 7 VecL?t CAMPA ELEUTERIA A TRUST 04-10-90 3234 ROOSEVELT ST CARLSBAD CA 92008 MUNOZ M GUADALUPE F 3250 ROOSEVELT ST CARLSBAD CA 92008 MARTINEZ FAMILY TRUST 07-29-94 3274 ROOSEVELT ST CARLSBAD CA 92008 MCCHESNEY DAVID C 3235 ROOSEVELT ST CARLSBAD CA 92008 MAR VISTA TRUST 06-26-92 C/O RICHARD V MADAMA P 0 BOX 1481 CARLSBAD CA 9201 8 MONREAL THOMAS JR 31 60 ROOSEVELT ST CARLSBAD CA 92008 NEVARES RONALD L 31 35 ROOSEVELT ST CARLSBAD CA 92008 HALL NANCY L 2604B EL CAMINO REAL #334 CARLSBAD CA 92008 JOHNSTON JESS C/O JESS JOHNSTON 1025 1/2 IRVING RD EUGENE OR 97404 SCHNEIDER WILLIAM 3448 CAMDEN CIR CARLSBAD CA 92008 REYES NANCY M 3243 ROOSEVELT ST CARLSBAD CA 92008 HERNANDEZ ROSEMARY F 1213 S FREEMAN ST OCEANSIDE CA 92054 JAUREGUISOCORRO 525 CHESTNUT AVE CARLSBAD CA 92008 TROUTMAN ERNESTINE G 820 BODEGA WAY RODEO CA 94572 ROCHA ALFONSO E&ANITA 4209 CIELO AVE OCEANSIDE CA 92056 CHAVEZ ROSA M TRUST 07-1 6-90 3484 ROOSEVELT ST CARLSBAD CA 92008 KAM FAMILY TRUST 06-03-96 2428 VIEWPOINT WAY OCEANSIDE CA 92054 TRUEBLOOD DONALD MARK&ANH P 0 BOX 274 DUCOR CA 93218 MATA ROMALDA M 3450 ROOSEVELT ST CARLSBAD CA 92008 GUERRA MAGDALENA M 3445 ROOSEVELT ST CARLSBAD CA 92008 MONTGOMERY MICHAEL D&REBECCA C/O SCUBA ASSOCIATES 540 STEVENS AVE SOLANA BEACH CA 92075 CURRY TRUST 12-06-93 2036 LINDA LN CARLSBAD CA 92008 RAMOS CHRISTINA G 3594 ROOSEVELT ST CARLSBAD CA 92008 MCGEE DAVID J&JACQUELINE M TRS 6499 FAIRWATER PL CARLSBAD CA 92009 SANCHEZ ROY R&ESTELA V 3482 ROOSEVELT ST CARLSBAD CA 92008 FAMILY TRUST 10-30-95 BANK OF AMERICA NT&SA C/O KPMG 750 B ST #1500 SAN DIEGO CA 921 01