HomeMy WebLinkAboutPH 1 UNDERGD DIST 5 06-21-82 L p, Inter - Corn
DATE: JUNE 14, 1982
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
EL CAMINO REAL UNDERGROUND DISTRICT NO. 5 - PUBLIC HEARING
RECOMMENDED ACTION:
That the Tustin City Council, at the completion of the public hearing, pass and
adopt either Resolution No. 82-45A, 82-45B, or 82-45C depending upon the appeals
received in writing either from affected property owners or other interested
persons.
BACKGROUND:
On May 17, 1982, the City Council adopted Resolution No. 82-36 which set a public
hearing on the proposed assessments on the properties located within the E1Camino
Real Underground Utility District No. 5.
The purpose of this hearing is for the Council to review and discuss any appeals
or concerns that have been received in writing prior to the time and date of the
hearing from any property owner or any other persons interested in the work done
in the proposed assessments. The Council at the time of the hearing, if appeals
have been made, may modify any assessments as they deem just, or if no appeals
have been made, it is suggested that the Council confirm assessments in their
entirety.
The assessment procedure provides for either of the folloWing:
1. The payment of the assessment within 5 days after confirmation by the
Council, or
The payment of the assessment in ten annual installments at an annual
interest rate of 7%, unless the property is sold at a sooner date, at
which time the full balance is due.
Attached are three resolutions described as follows:
Res. 82-45A - To be passed and adopted for confirmation of the assessments on
the properties if no appeals have been taken.
Res. 82-45B - To be passed and adopted for confirmation of the assessments on
the properties if one (1) or more appeals have been received,
but the Council chooses not to modify any assessments.
EL CAMINO REAL UNDERGROUND DISTRICT NO. 5 - PUBLIC HEARING
JUNE 14, 1982
PAGE TWO
Res. 82-45C - To be passed and adopted for confirmation of the assessments on
the properties if one (1) or more appeals have been received,
but Council chooses to modify one or more of the assessments.
Council should pass and adopt one of these resolutions depending upon the
disposition of the public hearing.
Also attached for the Council's information are the following items:
1. Staff report of May 12, 1982.
2. Notice to property owners.
3. Index map to parcels assessed.
4. List of property owners, addresses, and assessment amounts.
DISCUSSION:
The City Council should open the public hearing, request staff to report on any
written appeals that have been received, and hear any additional input from the
audience.
At the close of the public hearing, it is requested that the Council pass and
adopt one of the above mentioned resolutions depending upon the testimony received
at the hearing.
BOB LEDEND~CKER
DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
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Attachments
cc: City Attorney
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RESOLUTION NO. 82-45A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFO~IA, CONFIRMING THE PROi~DSED ASSESSMENTS ON THE
PRDPEI~IES LOCATED WITHIN THE EL CAMINO REAL
UhDEN3ROUND UTILITY DISTRICT NO. 5
The City Council of the City of Tustin, California, hereby resolves as
follows:
WHEREAS, by Resolution 80-89 the City Council established the E1 Camino
Real Underground Utility District No. 5 (the "District"), having complied
with all hearing and other requirements necessary for the formation of that
District; and
WHEREAS, by Resolution 81-14 the City Council stated its intention to
convert certain electric and telephone facilities to underground electric and
telephone facilities within the District; and
WHEREAS, by Resolution 81-23 the City Council ordered that the work
described in Resolution No. 81-14 be done, having u~,plied with all hearing
and other requirements necessary prior to ordering that said work be done;
and
WHEREAS, said work has now been completed to the satisfaction of the
Superintendent of Streets; and
WHEREAS, the Superintendent of Streets has prepared proposed assessments
on the properties within the District, having, c~¥,[~lied with all requiremlents
and procedures therefor; and
WHEREAS, notices of said assessments were duly published and posted and
the Clerk of the City of Tustin has given notice by mail of said proposed
assessments, a public hearing has been held and no appeals have been taken.
NON, THEREFORE, BE IT RESOLVED that the City Cot~lcil of the City of
Tustin hereby confirms the assessments and the proceedings culminating in the
assessments.
BE IT FURl'HER RESOLVED that the City Clerk is hereby authorized to take
all actions necessary to ensure payment of the assessments plus interest in
ten annual installments, the balance to be paid in full upon sale of the
property.
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PASSED AND ADC~TED at a regular meeting of the City Council of the City
of Tustin, California, on the __ day of , 1982.
MAYOR
CITY ~.RRK
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RESOLUTION NO. 82-45B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFOI~NIA, CONFIRMING THE PROPOSED ASSESSMENTS ON THE
PROPERTIES LOCATED WITHIN THE EL CAMINO REAL
U~)EBGROUND UTILITY DISTRICT NO. 5
The City Council of the City of Tustin, California, hereby resolves as
follows:
WHEREAS, by Resolution 80-89 the City Council established the E1 Camino
Real Underground Utility District No. 5 (the "District"), having complied
with all hearing and other requirements necessary for the formation of that
District; and
WHEREAS, by Resolution 81-14 the City Council stated its intention to
convert certain electric and telephone facilities to underground electric and
telephone facilities within the District; and
WHEREAS, by R~solution 81-23 the City Council ordered that the work
described in Resolution No. 81-14 be done, having complied with all hearing
and other requirements necessary prior to ordering that said work be done;
and
WHEREAS, said work has now bccn ¢~leted to the satisfaction of the
Superintendent of Streets; and
WHEREAS, the Superintendent of Streets has prepared pr .~oposed assessments
on the properties within the District, having complied with all requirements
and procedures therefor; and
WHEREAS, notices of said assessments were duly published and posted and
the Clerk of the City of Tustin has given notice by mail of said proposed
assessments, a public hearing has been held, and appeals have been
taken, the City Council has considered them and ha-~--~etermined that the
proposed assessments are valid and should be confirmed.
NCW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin hereby confirms the assessments and the proceedings culminating in the
assessments.
BE IT FURi~ER RESOLVED that the City Clerk is hereby authorized to take
all actions necessary to ensure payment of the assessments plus interest in
ten annual installments, the balance to be paid in full upon sale of the
property.
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PASSED AND AD(~TED at a regular meeting of the City Council of the City
of Tustin, California, on the __ day of , 1982.
MAYOR
CITY Cr,RRK
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NO. 82-45C
A RESOLUTION OF THE CITY COUNCIL OF ~/~E CITY OF TUSTIN,
CALIFOt~IA, CONFIRMING THE PROPOSED ASSESSMENTS ON THE
THE PROPERTIES LOCATfD WITHIN THE EL CAMINO REAL
UNDEI~GROUSD UTILITY DISTRICT NO. 5
The City Council of the City of Tustin, California, hereby resolves as
follows:
I~{EREAS, by Resolution 80-89 the City Council established the E1 Camino
Real Underground Utility District No. 5 (the "District"), having complied
with all hearing and other requirements necessary for the formation of that
District; and
~]~EREAS, by Resolution 81-14 the City Council stated its intention to'-
convert certain electric and telephone facilities to underground electric and
telephone facilities within the District; and
~EREAS, by Resolution 81-23 the City Council ordered that the work
described in Resolution No. 81-14 be done, having complied with all hearing
and other requirements necessary prior to ordering that said ~rk be done;
WHEREAS, said work has now been completed to the satisfaction of the
Superintendent of Streets; and
~{EREAS, the Superintendent of Streets has prepared proposed assessments
on the properties within the District, having c~t~lied with all requirements
and procedures therefor; and
~EREAS, notices of said assessments were duly published and posted and
the Clerk of the City of Tustin has given notice by mail of said proposed
assess~0ents, a public hearing has been held, appeals have been taken,
the City Council has considered them and de~---~ just that the assessments
set forth below shall be modified.
NOW, THEREFORE, BE IT RESOL¥~ that the City Council of the City of
Tustin hereby modifies the following assessments:
BE IT FtTRi~ERRESOLVED that the assessments as so modified and the
proceedings culminating in the assessments are hereby affirmed.
BE IT FUI~i~ERRESOLVED that the City Clerk is hereby authorized to take
all actions necessary to ensure payment of the assessments plus interest in
ten annual installments, the balance to be paid in full upon sale of the
property.
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PASSED AND AD(~TED at a regular meeting of the City Council of the City
of Tustin, California, on the __ day of , 1982.
MAYOR
CITY
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TO:
F'ROPh
$ UBJ £¢T:
WI~,F.IAM HUSTON, CITY MANAGER
BC~ LEDEND~.~{ER, DIRECTOR OF PUBLIC ~DI~ES/CITY ENGINEER
EL CAMINO REAL LT~D~ UTILITY DISTRICT NO. 5
~TICN:
That the Tustin City Council, at their m~eting of May 17, 1982, adopt the attached
resolution which sets the date and time June 21, 1982 at 7:30PM for a public
hearing on the proposed assessments on the properties locat--~ithin the E1 Camino
Real Underground Utility District No. 5.
BACKGN3USD:
In August, 1980, the City Council established the subject E1 Camino Real
Underground Utility District No. 5 with the adoption of Resolution No. 80-89. On
February 2, 1981, the City Council adopted Resolution No. 81-14 stating its
intentions to convert certain electric and telephone facilities to underground
;lectric and telephone facilities within the District. Finally, with the adoption
of Resolution No. 81-23 in March, 1981, the City Council ordered that the ~ork as
described in Resolution No. 81-14 be done, having complied with all hearing and
other requirements deen~ necessary.
This service conversion project consisted of twenty-seven (2-7) electrical and/or
telephone service conversions within the E1 Camino Real Utility Underground
District NO. 5. There were six of the property owners who elected to use their
own contractor and one parcel owned by the City (Tustin Water Service).
Conversions were also requ_ ired for the electrical service at Jacobson Memorial,
the electrical disconnect for freeway lighting at E1 Camino Way and the northbound
Santa Aha Freeway ramp.
The total cost of the service ~onversion work including the City obligations was
$57,805.00 with the cost to those private properties requiring assessments being
$43,605.00. The attached list delineates all of the affected properties, the
assessment number assigned to each parcel, and the cost to be assessed to each
parcel. This cost is the actual bid price the City has paid the contractor for
said work and no other charges have ~-cn added. Also attached is an index map
which shows each parcel to be assessed within the district.
DISCUSSION:
A notice (copy attached) will be mailed to each affected property ~wner
reiterating the City's determination that payment of the assessn~nt may. be made in
annual installments, not to exceed ten, unless the property is sold at a sooner
date, at which time the full balance is due. In t~e event the full asses~g~nt is
not paid within five days of its confirmation by the City Council, a Notice of
Lien will be filed with the County R~corder's office, which will specify that
payment is to be made in ten annual installments or upon the sale of
~ CAMINO REAL UND~ UTILITY DISTR~CT NO. 5
~ 12, 1982
PAGE TWO
The attached resolution sets the date and time, June 21, 1982 at 7:30 PM for a
public hearing on the proposed assessments on the proper~_ies locat--~--~thin the E1
Camino Real Underground Utility District No. 5. Any prcgerty owner or any other
persons interested in the work done or the proposed assessments may appeal to the
City Council in writing prior to the hearing time aDx] date. The City Council at
the time of the hearing, if appeals have been made, may modify any assessments as
they deem just, or if no appeals have been made, the Council should confirm the
assessments in their entirety. Additional resolutions for these actions will be
presented at the time of the hearing.
BC~ LEDENDECKER
DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
b
Attachments
Department of P~,blic Works/Engineerfng
To the owners of record of the prc~erty located within E1 Camino Real
Underground Utility District No. 5 in the City of Tustin:
As y~u have previously been notified, the. City of Tustin adopted a Resolution
No. 81-14 on February 2, 1981, entitled:
A RESOLUiqON OF INTENTIGN OF THE CITY COUNCIL OF ~ CITY OF
TUSTIN, CALIFORNIA, TO REFITv75 POr.~-~, GVZT~EAD WIRES, AND
ASSOCIATED OVERHEAD ST~ WITHIN T~E AREA OF THE CITY OF
TUSTIN 50CATED CN EL CAMINO REAL BETWEEN FIRST STREET AND
N~NPOR~ AVENUE, EL CAMINO ~ BETWEEN EL CAMINO REAL AND T~E
SANTA k~A FREEWAY FBONTAGE ROAD, SANTA ANA FRE~N~Y FRONTD~E
BET~qEEN "C" STREET AND 180'~ EASTERLY OF PREBLE DRIVE, AND
N~POR~ AVENUE BE~a~i~g BONITA STREET AND THE SANTA ANA FREEWAY
WHICH AREA IS ~DRE PARTICULARLY DESCI~IBED IN EXHIBIT "A"
ATTAf/qED HERETO AND ON THAT ~ER~AIN MAP ON FILE IN THE OFFICE
OF THE CITY CLERK AND DIRECi~)R OF PUBLIC ~RKS OF THE CITY OF
TUSTIN, AND TO PROVIDE FOR UNDERGROUND INSTALLATION OF THE
AFO~ONED APPLES.
That resolution set forth the City's intention to remove overhead electrical
and telephone facilities and to provide for underground inst~llation of those
facilities. Reference is hereby made to that resolution for a complete
description of the ~3rk then proposed to be done.
As you may recall, the Tustin C~,,~unity Redevelopment Agency contributed an
amount of money sufficient to pay for all work necessary in the public
rights-of-way. However, the Cost of connecting the underground facilities to your
prcperty must, by law, be assessed to yo~..
The proposed work has now been cGmpleted. The costs of the connection to the
property located within the District incurred by the City and the amounts proposed
to be_ assessed against each parcel of property are as follows:
Street Address
170 E1 Camino Real, Tustin, CA
180 E1 Camino Real, Tustin, CA
190 E1 Camino Real, Tustin, CA
135 E1 Camino Real, Tustin, CA
165 E1 Camino Real, T%]stin, CA
181,~83,185 E1 Camino Real, Tustin, CA
195 E1 Camino Real, Tustin, CA
215,217 E1 Camino Real, Tustin, CA
115 W. Main Street, Tustin, CA
434,430 E1Camino Real, Tustin, CA
Cost Incurred
$1,650.00
1,250.00
1,460.00
1,460.00
1,875.00
2,875.00
i,450.00
1,100.00
1,675.00
5,525.00
Proposed Assessment
$1.650.00
1.250.00
1.460.00
1.460.00
1.875.00
2,875.00
1,450.00
1.100.00
1.675.00
5,525.00
.'Street Address
440 E1 Casino Real, Tustin, CA
'50 E1 C~ino Real, Tustin, CA
.~60 E1 Camino Real, Tustin, CA
695 E1 Camino Real, Tustin, CA
765 E1 Camino Real, Tustin, CA
725 E1 Camino Way, Tustin, CA
13918-924 New~ort Ave, Tustin, CA
160 E. Main Street, Tustin, CA
174 E. Main Street, Tustin, CA
130 W. Main St., Tustin, CA
Cost Incurred Proposed Assessment
1,285.00 1,285.00
1,350.00 1,350.00
1,825.00 1,825.00
2,300.00 2,300.00
3,000.00 3,000.00
6,000.00 6,000.00
2,950.00 2,950.00
2,100.00 2,100.00
1,400.00 1,400.00
1,075.00 1,075.00
The proposed assessments have been filed with the City Clerk. All persons
aggrieved by either the ~rk done or the proDosed assessment may appeal to the
City Council, provided, h~{ever, that such objection ~st be stated in writing
addressed to the City Council ~rior to June 21, 1982, at Z:30 .PM, at which time
and place a hearing will be held. Any objection, appeal, or protest not made at
the tim~ and in the manner discussed above shall be deemed to be waived
voluntarily and the property owner shall be deemed to have c~nsented to the
assessmsnt.
The Council may adjourn the hearing from time to time. The Council may also
r~=dy and correct any error in the proceedings, and may amend or m~dify the
assessments. All of the decisions of the City Council shall be final. If no
appeal is taken, or when the directions of the City Council on appeal have been
complied with, the Council will then confirm the proceedings and the assessment.
The City wishes to reiterate its deterlnination that the payment of the
~ssessment may be made in annual installments, not to exceed ten, unless the
property is sooner sold, at which time the full balance owing_ shall be repaid. In
the event that the full assessment is not paid within five days of its
confirmation by the City Council, a Notice of Lien will be filed with the County
Recorder's office, which will specify that payment is to be made in ten annual
installments or u~on the sale of the property. The City will be notifying, the
County Auditor of the precise amount to be assessed against each parcel of
property in the Underground Utility District each fiscal year. The annual
installments will then appear on your annual peope, rty tax bill.
The City Council has designated the Department of Public Works to answer all
inquiries regarding, the filing of an appeal. The Department of Public Works may
be reached at telephone number (714) 544-8890 between the ~ours of 8:00 o'clock
and 5:00 o'clock PM, Mondays through Fridays.
Mary Wynn, City Clerk
;'9
CITY OF' TUST!N
EL CAMINO REAL UNDERGROUND UTILITYi
DISTR~CT :,I0. 5 j
G~ /NP ICR TE~ ~E3ESS~E~ ~0. ~
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