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HomeMy WebLinkAboutPH 1 DIST NO. 12 04-15-91..� Ll - I I ATE: TO: FROM: SUBJECT: APRIL 4, 1991 WILLIAM A. HUSTON, CITY MANAGER PUBLIC HEARING N0. 1 4-15-91 Inter - Com PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROSPECT AVENUE UNDERGROUND DISTRICT NO. 12 RECOMMENDATION: That the designated public hearing be conducted on April 15, 1991 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 Prospect Avenue Underground Utility District No. 12, the introduction of the attached ordinance will be required. BACKGROUND: On April 1, 1991, the City Council adopted Resolution No. 91-45 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 Prospect Avenue between First Street and 289 feet north of Beneta _. Way. This resolution No. 91-45 set the time and date for a public hearing on this matter at 7:00 P.M. on April 15, 1991 at the Tustin City Council Chambers. The time and place of the public hearing has been duly noticed. DISCUSSION: Afterconsideration of testimony at the public hearing, the City Council should determine whether or not to designate and adopt an underground utility district along Prospect Avenue between First Street and 289 feet north of Beneta Way. Council introduction of the attached ordinance will initiate the formation of the Prospect Avenue Underground Utility District No. 12. If introduced, this ordinance would have a second reading and adoption on May 6, 1991 with an effective date occurring 30 days thereafter. Attached, for the 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 Prospect Avenue Underground Utility District No. 12 have been mailed to all affected utility companies (3) and there were no affected property owners. 54�Bob Ledendecker Director of Public Works/City Engineer I BL:lmh:prospec 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 ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 12, PROSPECT AVENUE, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION WHEREAS, by Resolution No. 91-45 a public hearing was called for April 15, 1991 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 required by law; and WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, the Council of the City of Tustin does hereby ordain: I. 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. 12, Prospect Avenue. II. The City Council hereby declares its intention to order the conversion and does hereby order the conversion. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 1? 18 19 20 21 2`l 23 24 25 26 27 28 III. The Council does hereby f ix May 1, 1992 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 facilities for supplying electric, communication or similar or associated service within Underground Utility District No. 12, Prospect Avenue, on or before May 1, 1992. 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. 12, Prospect 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 such 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 lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission 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 15th day of April, 1991. ATTEST: CITY CLERK MAYOR CITY ENGINEER'S REPORT PROSPECT AVENUE UNDERGROUND UTILITY DISTRICT NO. 12 April 2, 1991 At their meeting of April 1, 1991, the City Council of the City of Tustin, California passed and adopted Resolution No. 91-45 calling for a public hearing at 7:00 P.M. on April 15, 1991, to consider the merits of establishing an underground utility district along Prospect Avenue between First Street and 289 feet, more or less, north of Beneta Way, 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 the costs involved. Continental Cable Systems has some overhead facilities within the District, but per the terms of the city's -franchise agreement, they will be required to underground these 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 funding 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, Structures, and Cable (Rule 20A) $300,000.00 City Cost for Street Lights . . . . . . . $5,000.00 Preliminary determination by the utility companies indicates that there will be no property owner conversion expense. Initial indications by the utility coinpanies are that their work can be completed in 12 to 18 months.' This District will provide for the removal of all wood utility poles with overhead wires along both sides of Prospect Avenue from First Street to 289 feet, more or less, north of Beneta Way as follows: Westerly Side of Prospect Avenue . . . . . . 1 ea. Easterly Side of Prospect Avenue . . . . . 14 ea. Respectfully submitted, Robert S. Ledendecker Director of Public Works/City Engineer RSL: lmh:distl2