HomeMy WebLinkAboutPH 3 UNDERGD UTIL 14 12-06-93PUBLIC HEARING NO. 3
12-6-93
DATE:
DECEMBER 6, 1993
TO: WILLIAM A. HUSTON/ CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJEC~ RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 14
·
RECOMMENDATIONS:
That the designated public hearing be conducted on December 6, 1993, at
7:00 p.m., as noticed by the Tustin City Council. If the City Council
ascertains-that the public necessity, health, safety or welfare, require
the removal of poles, overhead wires and associated overhead structures
and the establishment of the Red Hill Avenue Underground Utility
District No. 14, the introduction of the attached ordinance will be
required.
FISCAL IMPACT:
The City will be required to provide funding in the fiscal year '94-'95
budget for the installation of five new street lights at an estimated
cost of $6,000.00.
BACKGROUND:
On November 1, 1993, the City Council adopted Resolution No. 93-121
which set the time and place for a public hearing to consider the
designation and adoption of an underground utility district requiring
the removal of poles, overhead wires and associated structures within
the area of the City of Tustin located on Red Hill Avenue between
Copperfield Drive and Nisson Road. This Resolution No. 93-121 set the
time and date for a public hearing on this matter at 7:00 p.m. on
December 6, 1993 at the Tustin City Council Chambers. The time and
place of the public hearing has been duly noticed.
DISCUSSION:
After considerationof testimony at the public hearing, the City Council
should determine whether or not to designate and adopt an underground
utility district along Red Hill Avenue from Copperfield Drive to Nisson
Road.
Council introduction of the attached ordinance will initiate the
formation of the Red Hill Avenue underground Utility District No. 14.
If introduced, this ordinance would have a second reading and adoption
on December 20, 1993 with an effective date occurring 30 days
thereafter.
Attached, for the City Council's information, is a copy of the City
Engineer's Report for subject district. Notices of the public hearing
time and date for the Red Hill Avenue Underground Utility District No.
,.
14 have been mailed to all affected utility companies (3) and property
owners (9) .
Robert Ledendecker
Director of Public Works/City Engineer
RL: JO' ccg' ud#14
Attachment
Jegfry Otteson
Associate Civil Engineer
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO. 14, RED HILL
AVENUE, AND DECLARING ITS INTENTION TO ORDER
THE CONVERSION
WHEREAS, by Resolution No. 93-121 a public hearing was called
for December 6, 1993, at the hour of 7:00 p.m. in the Council
Chambers of the City of Tustin, California, to ascertain whether
the public necessity, health, safety,-or welfare requires the
removal of poles, overhead wires and associated structures, and the
underground installation of wires and facilities for supplying
electrical, communication, or similar or associated service, within
that certain area of the City of Tustin more particularly described
in the legal description and 'shown on a map marked Exhibit "A"
attached hereto.
WHEREAS, notice of such hearing has been given to all affected
property owners, if any, as such are shown on the last equalized
assessment roll and to all utilities concerned in the manner and
time requi~ed b~ law; and
WHEREAS, such hearing has been duly and regularly held and all
persons interested have been given an opportunity to be heard.
NOW, THEREFOR, the Council of the City of Tustin does hereby
ordain;
1. The Council hereby finds and determines that the public
necessity, health, safety and welfare require the removal of poles,
overhead wires and associated structures, 1) to eliminate
concentrations of overhead distribution facilities, 2) to clear
streets used extensively by the general public, which carry a heavy
volume of vehicular traffic, and to clear streets which pass
through a civic area, and 3) to facilitate the underground
installation of wires and facilities for supplying electric,
communication or similar or associated service in the underground
district described in Exhibit "A' attached hereto and made a part
hereof by this reference, and pursuant to the provisions of
Ordinance No. 411 of the City of Tustin, such area is hereby
established as Underground Utility District No. 14, Red Hill
Avenue.
II. The City Council hereby declares its intention to order
the conversion.
III. The Council does hereby fix July 31, 1994 as the date on
which affected property owners, if any, must be ready to receive
underground service and does hereby order the removal of all poles,
overhead wires and associated overhead structures, and the
underground installation of wires and facilitates for supplying
electric, communication or similar or associated service within
Underground Utility District No. 14, Red Hill Avenue, on or before
January 31, 1995.
IV. The city~ Clerk is hereby instructed to notify all
affected utilities and all persons owning real property, if any,
within Underground Utility District No. 14, Red Hill Avenue, of the
adoption of this ordinance within ten (10) days after the date of
such adoption. Said City Clerk shall further notify said property
owners, if any, of the necessity that, if they or any person
occupying sud~ property desire to continue to receive electric,
communication, or other similar or associated service, they or such
occupant shall, by the date fixed in this ordinance provide all
necessary facility changes on their premises so as to receive such
service from the line of the supplying utility or utilities at a
new location, subject to applicable rules, regulations and tariffs
of the respective utility or utilities or file with the Public
Utilities Commissioh of the State of California. Such notification
shall be made by mailing a copy of this ordinance together with a
copy of said Ordinance No. 411, together with a statement that the
City Engineer's Report containing details of the district is
available for inspection by the public in the office of the City
Clerk, to all affected property owners as such are shown on the
last equalized assessment roll and to all utilities affected by
this ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council
held on the day of
MAYOR
ATTEST:
CITY CLERK
LEGAL DESCRIPTION
O__F
RED HILL .AVENUE UNDERGROUND UTILITy DISTRICT No. 1--4
IN THE
CITY O_EF .~USTIN, CALIFORNIA
Ail that land situated in the City of Tustin, County of Orange,
State of California, described as follows:
Beginning at the point of intersection of the centerlines of Red
Hill Avenue and Copperfield Drive as shown on a map of Tract No.
6484:
Thence, northeasterly along said centerline of Red Hill Avenue a
distance of 63.3 feet more or less to a point on the northerly
boundary of the Red Hill Avenue Underground Utility District No.
11, said point being the True point of Beqinning;
Thence, northwesterly at right angles to said centerline of Red
Hill Avenue along the northerly boundary of said District No. 11,
a distance of 50.00 feet to the point of intersection with the
existing northwesterly right-of-way line of Red Hill Avenue (50'
half width) as shown on a map of Tract No. 11746;
Thence, ~orth%%sterly along said northwesterly right-of-way line of
Red Hill Avenue a distance of 221.2 feet more or less to the
easterly corner of Lot 1 of said Tract No. 11746, said corner also
being the southerly corner of Lot 7 of Tract No, 4830;
Thence, northwesterly along the northeasterly line of said Lot 1 of
Tract No. 11746 and the southwesterly line of said Lot 7 of Tract
No. 4830, a distance of 5.00 feet to the point Of intersection with
a line parallel to and 55.00 feet northwesterly of, as measured at
right angles from, the centerline of Red Hill Avenue;
Thence, northeasterly along said parallel line a distance of 519.7
feet more or less to the point of intersection with the centerline
of Mitchell Avenue (33' half width);
Thence, southeasterly along said centerline of Mitchell Avenue, a
distance of 5.00 feet to the point of intersection with the
southwesterly prolongation of the northwesterly right-of-way line
of Red Hill Avenue (50' half width);
Thence, northeasterly along said southwesterly prolongation, said
northwesterly right-of-way line and the northeasterly prolongation,
a distance of 954.9 feet more or less to the point of intersection
with the centerline of Nisson Road;
Thence, northeasterly a distance of 60 feet more or less to an
angle point in the existing northwesterly right-of-way line of Red
Hill Avenue as shown on the State of California Department of
Transportation Right-of-Way Map No. F1982-3 Parcel 72930, said
angle point being the intersection of the two lines having bearings
of N. 86° 24' 51" E. and N. 37° 38' 08" E;
Thence, N. 37° 38' 08" E. along the northwesterly right-of-way line
of Red Hill Avenue a distance of 15 feet more or less to the point
of intersection with a line perpen4icular to the centerline of Red
Hill Avenue, said perpendicular line being distant northeasterly
75.00 feet from the centerline intersection of Red Hill Avenue and
Nisson Road.
Thence, southeasterly along said perpendicular line a distance of
108 feet m~re or less to the point of intersection with the
southeasterly right-of-way line of Red Hill Avenue as shown on the
State of California Department of Transportation Right-of-Way Map
No. F1982-2, Parcel 72849;
Thence, S. 43~ 48' 23" W. along said southeasterly right-of-way
line, a distance of 20 feet more or less to the point of
intersection with a line which bears S. 02" 44' 54" E.;
-1-
LEGAL DESCRIPTION
o_E
RED HILL AVE5'%'--_ U?;DERGROUND UTILITY DISTRICT NO. 14
I.~ THE
..Ci?Y O_EF TUSTIN._ ,CALIFORNIA
Thence, southwesterly a distance of 55 feet more or less to the
point of intersection with the centerline of Nisson Road, said
point of intersection also being the point of intersection of the
northeasterly prolongation of the southeasterly right-of-way line
of Red Hill Avenue (SD foot half width) as established by a deed
recorded as Instrument No. 87-178170, official records of said
Orange County,
Thence, southwesterly along said northeasterly prolongation and
southeasterly right-cf-way line, a distance of 178.0 feet more or
less to an angle poin~ in said southeasterly right-of-way line;
Thence, northwesterly along said right-of-way line a distance of
10.00 feet to an angle point in said right-of-way line, said angle
point being 50.00 feat southeasterly of, as measured at right
angles from, the centerline of Red Hill Avenue;
Thence, southwesterly along said southeasterly right-of-way line of
Red Hill.Avenue'S50, kalf width) a distance of 117.2 feet more or
less to a point on tka southwesterly line of Parcel 1 as shown on
the ParCel Map filed in Book 1 Page 21 of Parcel Maps, records of
said Orange County, said point also being the easterly corner of a
strip of land dedicate~ to the City of Tustin as per deed recorded
in Book 10192 Page 4!i of deeds, official records of said Orange
County;
Thence, southeasterly along said southwesterly line of parcel 1, a
distance of 5.00 feet ~o ~he point of intersection with a line
parallel to and 55.00 feet southeasterly of, as measured at right
angles from the centeriine of Red Hill Avenue;
Thence, southwesterly along said parallel line a distance of 76.00
feet;
Thence, northwesterly, a distance 5.00 feet to the southerly corner
of the previously mentioned strip of land recorded in Book 10192
Page 411 of deeds, said corner also being a point on the
southeasterly right-cf-way line of Red Hill Avenue (50' half
width);
Thence, southwesterly along said southeasterly right-of-way line
of Red Hill Avenue an~ the southwesterly prolongation, a distance
of 583.7 feet more or less to the point of intersection with the
centerline of Mitchei' Avenue;
Thence, continuing southwesterly along the, northeasterly
prolongation and the southeasterly right-of-way line of Red Hill
Avenue, a distance of -40.9 feet more or less to the northeasterly
corner of the previously mentioned Red Hill Avenue Underground
Utility District No. '';
Thence, northwesterly ~long the northerly boundary of said District
No. 11, a distance of ~0.C0 feet to the True Point o__f Beqinning.
-2-
o.[ 7'?'ar~sportatior~
R/IF M~p FI982-3 ~
P(~?-cel ?2930 ~
N37"38'O8'E. 15't~ ~~
~ .__...
NISSON ROAD
Parcel Map
1-21
x~'~'°°' Parcel 1
1': 200'
MITCHELL AVENUE
.,
Tract No.
4830
Tract No. 11746
POB
Legend
---- Centerline
Property Line
...... Right of"~ay
Underground Utility District Boundary
COPPERFIELD DRIVE
NORTHERLY ~ARY
UNDEROROUND lrnLn'Y
EXHIBIT 'A'
RED HILL AVENUE
UNDERGROUND UTILITY DISTRICT NO. 14
CITY ENGINEER'S REPORT
RED HILL AVENUE
UNDERGROUND UTILITY DISTRICT NO. 14
November 8, 1993
At their meeting of November 1, 1993, the City Council of the City
of Tustin, California passed and adopted Resolution No. 93-121
calling for a public hearing at 7:00 p.m. on December 6, 1993, to
consider the merits of establishing an underground utility district
along Red Hill Avenue between Copperfield Drive and Nisson Road,
and more particularly described and shown on Exhibit "A" attached
hereto.
Meetings have been held with both the Southern California Edison
Company and Pacific Bell to determine costs involved. Continental
Cablevision has some overhead facilities within the district, but
per the terms of the City's Franchise Agreement, they will be
required to underground their facilities at no cost to the
district. Funding will be provided by the Edison Company with Rule
20A Funds for their facilities and Pacific Bell will provide
fundin~ for.. all of their company-owned facilities. The City of
Tustin will provide funding for five new street lights, which are
not eligible for Rule 20A Funds. The estimated cost of the
proposed underground work is as follows:
Edison Company cost for conduit structure
and cable (Rule 20A) ............................ $250,000.00
Cost for street lights 6,000.00
PROPERTY OWNERS EXPENSE
I4122 Red Hill Avenue .................. $1,200.00 - $1,600.00
14242 Green Valley Avenue .............. 1,200.00 - 1,600.00
14252 Green Valley Avenue .............. 1,200.00 - 1,600.00
14262 Green Valley Avenue .............. 1,200.00 - 1,600.00
14272 Green Valley Avenue .............. 1,200.00 - 1,600.00
14282 Green Valley Avenue .............. 1,200.00 - 1,600.00
14292 Green Valley Avenue .............. 1,200.00 - 1,600.00
14312 Green Valley Avenue .............. 1,200.00 - 1,600.00
14322 Green Valley Avenue .............. 1,200.00 - 1,600.00
There will be no other property owner conversion expense other than
those noted above. All other existing private utility service
lines are presently undergrounded and/or are ready to accept
underground service.
Initial indications by the utility companies are that their work
can be completed in 12 to 18 months.
This district will provide for the removal of all wood utility
poles and street lights with overhead wires along both sides of Red
Hill Avenue from Copperfield Drive to Nisson Road.
Respectfully submitted,
Director of Public Works/City Engineer
RL: ccg: utildis
DATE:
DECEMBER 6, 1993
TO:
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
P%~LIC WORKS DEPARTMENT/ENGINEERING DIVISION
RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO.
The attached letter from Mr. Karl B. Kovac is in protest of the
formation of the Red Hill Avenue Underground Utility District No. 14.
Mr. Kovac requested this protest be made part of the public hearing
process _on this. o agenda item scheduled for the December 6, 1993 City
Council meeting at 7:00 p.m.
As of this writing, on December 1, 1993, the City has received no other
protest either verbal or written.
It is requested that this memorandum be included within the City Council
Agenda material for their meeting of December 6, 1993.
Robert Ledendecker
Director cf Public Works/City Engineer
RL:ccg:rd#14
cc: Dana Kasdan
Pat Buttress, S.C. Edison Co.
November 23, 1993
Mr. Robert Ledendecker
Director of Public Works/City Engineer
City of Tustin
15222 Del Amo Avenue
Tustin, Ca. 92680
Dear Mr. Ledendecker:
10761 Skyline Drive
Santa Ana, Ca. 92705
TUSTIN PUBLIC WORKS DEPT.!
,i ~, ,~
SUBJECT: Prposed Red Hill Ave. Underground Util. Dist. # 14
Th~s ~etter will formally convey my protest of the above
proposed U~derground Utility District. As the property
owner of la322 Green Valley, I feel the probable assessment
of approxizately $1200.00 ($600.00 per unit) per parcel is
grossly unfair in light of todays economic times.
Based upon the average southern CalifOrnia property owners
circumstances in todays difficult economy, I recommend that
either the proposal be postponed for a minimum of three to
five years. Or, alternatively, the city of Tustin pay for
such improvements out of its continuing increase in sales
taxes generated by the new businesses that continue to
relocate izto Tustin. This latter alternative makes the
most sense especially since the proposed change offers no
economic benefit to subject~property owners but does
continue to make Tustin more aestheticly attractive to out
of town customers enjoying our many commerical interests.
Furthermore, adjacent property owners would aestheticly
benefit but bear none of the cost. As a result, the
principal gainer of such a change is the city of Tustin and
not just a few adversely affected property owners.
Via this letter, I am also requesting that you keep me
apprised of the status of other probable property protesters
and what o~her recourse may be available to us including
legal recozrse should that become necessary. Should you
have any questions, please feel free to call me at any time
at 714/730-3168.
Very truly yours,
Karl B. Ko',-~c