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HomeMy WebLinkAboutPH 3 UNDERGD UTIL 7 06-02-86~,~"~l'"'ill'~ll ~ PUBLIC HEARING . · NO. 3 TO: FROM: SUBJECT: HONORABLE PAYOR AND #EF~IERS OF THE CITY COUNCIL PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION NEWPORT AVENUE UNDERGROUND UTILITY DISTRICT NO. 7 RECOMMENDATION: That the designated public hearing be Conducted on June 2, 1986 at 7:00 p.m., as noticed by the TustinCity 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 Newport Avenue Underground Utility District No. 7, the introduction of the attached Ordinance will be required. BACKGROUND: On May 5, 1986, the City Council adopted Resolution No. 86-59 which set the time and place for a public hearing tb 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 Newport Avenue between 325 feet northerly of Bryan Avenue and Wass Street. This Resolution No. 86-59 set the time and date for a public hearing on this matter at 7:00 p.m. on June 2, 1986 at the Tustin City Council Chambers. The time and place of the public hearing has been duly noticed. DISCUSSION: After consideration of testimony at the public hearing, the City Council should determine whether or not to designate and adopt an underground utility district along Newport Avenue from 325 feet northerly of Bryan Avenue and Wass Street. Council introduction of the attached Ordinance will initiate the formation of the Newport Avenue Underground Utility District No. 7. If introduced, this Ordinance would have a second reading and adoption on June 16, 1986 with an effective date occurring 30 days ~hereafter. MAY 27, 1986 PAGE TWO Attached, for the Council's information, is a copy of the City Engineer's Report for the subject district. Notices of the public hearing time and date for the Newport Avenue Underground Utility District No. 7 have been mailed to all affected utility company's (3) and property owner's (3). Bob Ledendecker Director of Public Works/City Engineer BL:jm cc: William Huston Attachments 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 7, NEWPORT AVENUE, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION WHEREAS, by Resolution No. 86-59 a public hearing was called for June 2, 1986, 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 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. 7, Newport Avenue. II. The City Council hereby declares its intention to order the conversion. III. The Council does hereby fix June 16, 1987, 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. 7, Newport Avenue, on or before June 16, 1987. 1 2 5 6 7 ~8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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. 7, Newport Avenue, of the adoption of this ordinance within ten (10) days after the date of such adoption. Sai~ 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 day of , 1986. MAYOR ATTEST: CITY CLERK Publish in Tustin News: June 12, 1986 CITY ENGINEER'S REPORT NEWP'ORT AVENUE UNDERGROUND UTILITY DISTRICT NO, 7 At their meeting of May 5, 1986, the City Council of the City of Tustin, California passed and adopted Resolution No. 86-59 calling for a public hearing at 7:00 p.m. on June 2, 1986, to consider the merits of establishing an underground utility district along Newport Avenue between 325 + feet northerly of Bryan Avenue and Wass Street, and more particularly described a~d shown on Exhibit "A" attached hereto. Meetings have been held with both the Southern California Edison Company and Pacific Bell to determine costs involved. CommuniCom Cablevision has some overhead facilities within the district, but per terms of the City's franchise agreement to CommuniCom, 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 or the Tustin Community Redevelopment Agency will provide funding for approximately fourteen additional street lights which are not eligible for Rule 20A funds and the conversion of three overhead telephone services to underground which are located outside the district. These conversions are not the obligation of Pacific Bell or the property owner. The estimated cost of the proposed underground work is as follows: Edison Co. cost for condui, t, structure and cable (Rule 20A) .................................. $454,900.00 City/RDA for street lights ............................ City/RDA for service conversions located outside of district ................................... ' There.will be no property owner conversion expense except as other existing private utility service lines are presently are ready to accept underground service. Initial indications by the utility companies are that their in eleven months. 7,000.00 3,000.00 outlined'above. All undergrounded and/or work can be completed This district will provide for the removal of all poles with overhead wires along both sides of Newport Avenue between 325 + feet northerly of Bryan Avenue and Wass Street, This underground district wilt provide for the removal of all wood utility poles with overhead wires along Newport Avenue as follows: Westerly side of Newport Avenue .................... 18 Each Easterly side of Newport Avenue .................... 8 Each This proposed project will underground the only remaining overhead utilities along Newport Avenue between the Santa Ana (I-5) Freeway and a point northerly of Seventeenth Street in the unincorporated County area, Respectfully submitted, Bob Ledendecker Director of Public Works/City Engineer Attachment: Exhibit "A" ' LEGAL DESCRIPTION OF NEWPORT AVENUE UNDERGRO~D UTILITY DISTRICT NO. 7 IN THE CITY OF TUSTIN, CALIFORNIA EXHIBIT "A" All that land in the City of Tustin, County of Orange, State of California, described as follows: Beginning at the point of intersection of the centerli.nes of Newport Avenue and Bryan Avenue; Thence, northeasterly along sai. d centerline of Newport Avenue a distance of 325.00 feet to a point; said point being the true point of beginning; Thence, leaving said centerline of Newport Avenue, northwesterly at right angles a distance of 62.00 feet to the point of intersection with a line parallel to and 62.00 feet northwesterly of, as measured at right angles from, said centerline of Newport Avenue, said point also being a point on the existing northwesterly right-of-way line of Newport Avenue; Thence, northeasterly along said parallel line and northwesterly right-of-way line, a distance of 1,502 feet more or less to an angle point in said northwesterly right-of-way line; Thence, leaving said parallel line, continuing northeasterly along said northwesterly right-of-way line a distance of 195 feet more or less to the point of intersection with the southerly right-of-way line of Irvine Boulevard, said southerly right-of-way line being 50.00 feet southerly of, as measured at right angles from, the centerline of 1trine Boulevard; Thence, leaving~said right-of-way lines, continuing northeasterly a distance of 115 feet more or less to the southeasterly corner of Tract No. 8475; Thence, northeasterly along the easterly boundary of said Tract No. 8475, a distance of 579.8 feet more or less to the point of intersection with the southerly line of Lot 10 of the Vanderlip and Rowen tract; Thence, of Lot 11 of to the point Avenue, said right angles easterly along said southerly line of Lot 10 and the southerly line said Vanderlip and Rowen tract, a distance of 532 feet more or less of intersection with the northwesterly right-of-way line of Newport right-of-way line being 50.00 feet northwesterly of, as measured at from, the centerline of Newport Avenue; Thence, northeasterly along said northwesterly right-of-way line a distance of 345 feet more or less to a point; Thence, leaving said northwesterly right-of-way line, southeasterly at right angles, a distance of 100.00 feet to the point of intersection with the southeasterly right-of-way line of said Newport Avenue; said southeasterly right-of-way line being parallel to and 50.00 feet, as measured at right angles from, the centerline of Newport Avenue; Thence, southwesterly along said southeasterly right-of-way line, a distance of 549.3 feet more or less to an angle point~ Thence, continuing along said southeasterly right-of-way line, southeasterly a distance of 28.3 feet more or less to the point of intersection with the northeasterly right-of-way line of Old Irvine Boulevard; said northeasterly right-of-way line being parallel to and 40.00 feet northeasterly of, as measured at right angles from, the centerline of Old Irvine Boulevard; Thence, leaving said southeasterly right-of-way line of Newport Avenue, southwesterly at right angles to said northeasterly right-of-way line of Old Irvine Boulevard a distance of 100.0 feet more or less to an angle point in the existing southeasterly right-of-way line of Newport Avenue; Thence, northwesterly along said southeasterly right-of-way line of Newport Avenue a distance of 22.4 feet more or less to an angle point in said southeasterly right-of-way line of Newport Avenue, said angle point being a point on a line parallel to and 60.00 feet, as measured at right angles from, the centerline of Newport Avenue; Thence, southwesterly along said southeasterly right-of-way line of Newport Avenue and said parallel line, a distance of 322.8 feet more or less to the beginning of a tangent curve concave southeasterly and having a radius of 1,150.00 feet; Thence, southwesterly along the arc of said curve, through a central angle of 09022'00'' an arc distance of 188.00 feet to the beginning of a tangent reverse curve concave northwesterly and having a radius of 1,250.00 feet~ Thence, southwesterly along the arc of said curve, through a central angle of 09022'00'' an arc distance of 204.36 feet to a tangent line which is parallel to and 50.00 feet southeasterly of, as measured at right angles from, the centerline of Newport Avenue; Thence, continuing along said parallel line and said southeasterly right-of-way line of Newport Avenue, southwesterly a distance of 843.7 feet more or less to the northerly corner of Parcel 1 as shown on a map filed in Book 30, Page 13 of Parcel Maps, records of said Orange County; Thence, leaving said parallel line and said southeasterly right-of-way line, southeasterly along the northeasterly line of said Parcel 1, a distance of 180.00 feet to a point, said point being distant northwesterly 100.00 feet from the easterly corner of said Pacel Thence, southwesterly along a line parallel to and distant 100.00 feet northwesterly of, as measured at right angles from the southeasterly line of said Parcel 1, a distance of 148.16 feet to a point on a non-tangent curve concave northeasterly and having a radius of 1,152.68 feet, said point also being a point on the existing northeasterly right-of-way line of First Street {80 feet wide)~ Thence, northwesterly along the arc of said curve and said northeasterly right-of-way line through a central angle of 04°30'14'' an arc distance of 90.61 feet to the beginning of a tangent line; Thence, northwesterly along said tangent line and said northeasterly right-of-way line and its northwesterly prolongation a distance of 39.5 feet more or less to the point of intersection with a line parallel to and distant 50.00 feet southeasterly of, as measured at right angles from, the centerline of Newport Avenue, said parallel line being the northeasterly prolongation of the southeasterly right-of-way line of said Newport Avenue; Thence, southwesterly along said parallel line and southeasterly right-of-way line a distance of 543.7 feet more or less to a point; Thence, northwesterly at right angles to said parallel line and southeasterly right-of-way line of Newport Avenue a distance of 50.00 feet to the true point of beginning.