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HomeMy WebLinkAboutOB 2 UNDERGD DIST 5 07-20-81OATE: TO: FROM: S UB,J ECT: JULY 15, 1981 OLD BUSINESS Inter-eom CHARLES THAYER, INTERIM CIT~ MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC 9~DI~KS/CITY ENGINEER EL CAMINO REAL UTILITY UbD~ DISTRICT NO. 5 - PUBLIC HEARINGS ~TION: That the Tustin City Council, at their meeting of July 20, 1981, pass and adopt Resolution No. 81-81 (revised), which amends a previously adopted Resolution No. 81-14, to amend Exhibit "C" attached thereto. On July 6, 1981, Council adopted Resolution No. 81-81, which amended Exhibit "C" of Resolution No. 81-14 by adding three additional properties to the required service conversion list for the subject utility underground project. In addition to the amendment of Exhibit "C", a public hearing date was set for July 20, 1981 at 7:30 PM to allow any of the three additional property owners to object to the service conversion project. Resolution No. 81-81 was not made available to the Tustin News early enough to allow the required time span for legal publication. As a result of this delay, the hearing .would have to be delayed until August 17, 1981 at 7:30 PM.; however, during the past week the three affected property owners were contacted by staff and have agreed by petition to waive the hearing of objections and have also declared that they do not have any objections to the proposed work, the extent of the district to be assessed or any other objections. Section 5132 of the Streets and Highways Code provides that the hearing of objections shall not be required when such petitions have been signed and filed. DIRECTOR OF PUBLIC ~IDRKS/ CITY ENGINEER db 4 5 6 ? 10 11 12 14 15 16 17 18 19 20 21 22 24 25 26 27 RESOLUTION NO. 81-81 (REVISED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMEND- ING RESOLUTION NO. 81-14 TO k~END EXHIBIT "C" ATTACHED THERETO. The City Council of the City of Tustin, California, hereby resolves as follows: WHEREAS, by Resolution No. 80-89 the City Council estab- lished 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 No. 81-14, which resolution is attached hereto as Exhibit "A" and incorporated herein by this reference, the City Council announced its intention to remove poles, overhead wires and associated overhead structures within the District and to provide for underground installa- tion of the aforementioned appurtenances; and WHEREAS, pursuant to Resolution No. 81-14, a public hearing was held on March 2, 1981, at which hearing the City Council voted to proceed with the project, and, by Resolution No. 81-23, ordered that the work described in Resolution Mos. 80-89 and 81-14 be done; and WHEREAS, the Superintendent of Streets has informed this Council of the need to amend "Exhibit C" to Resolution No. 81-14 in order to add three (3) additional DroDerties thereto; and WHEREAS, the owners of the three additional properties or their agents have each signed and filed with the City Clerk a petition waiving the hearing of objections on or before July 15, 1981, declaring that they do not have any objections ? 8 9 10 11 14 1§ 18 19 £0 21 25 24 25 2~ £8 to the proposed work, the extent of the district to be assessed, or any other objections, and requesting that the hearing of objections shall not be required; and WHEREAS, Streets and Highways Code Section 5132 provides that the hearing of objections shall not be required when such petitions have been signed and filed. NOW, THEREFORE, BE IT RESOLVED that Exhibit "C" to Resolu- tion No. 81-14 be amended to add the following: Address of Property 420 E1 Camino Real 430 E1 Camino Read 130 W. Main Street Assessor's Parcel No. 62-102-23 62-102-19 62-102-22 Listed Owner Estimated Cost tO Owner Catherine Denler $6,449 Margaret Pottenger 3,425 Diocese of Orange 1,075 Education & Wel- fare Corp. RESOLVED FURTHER, that the City Council finds and determines that all of the owners of the three additional lots or lands liable to be assessed, or their agents, have signed and filed petitions waiving the hearing in accordance with Streets and Highways Code Section 5132 and, therefore, no hearing of objec- tions is required. RESOLVED FURTHER, that the Clerk of the City of Tustin shall cause this amendment to the Resolution of Intention to be published as specified in Streets and Highways Code Section 5050 et seq. The first such publication shall be on or before July 30, 1981. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, on the 1981. ATTEST: MAYOR day of , CITY CLERK RESOLUTION NO. 81-14 4 5 6 ? 8 9 10 11 3.4 15 18 19 24 25 27 ~0 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO REMOVE POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN THE AREA OF THE CITY OF TUSTIN LOCATED ON EL CAMINO REAL BETWEEN FIRST STREET AND NEWPORT AVENUE, EL CAMINO WAY BETWEEN EL CAMINO REAL AND THE SANTA ANA FREEWAY FRONTAGE ROAD, SANTA ANA FREEWAY FRONTAGE ROAD BETWEEN EL CAMINO WAY AND NEWPORT AVENUE, MAIN STREET BETWEEN "C" STREET AND 180'+ EASTERLY OF PREBLE DRIVE AND NEWPORT AVEN~E BETWEEN' BONITA STREET AND THE SANTA ANA FREEWAY WHICH AREA IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND ONTHAT CERTAIN MAP ON FILE IN THE OFFICE OF THE CITY CL~RK AND DIRECTOR OF PUBLIC WORKS OF THE CITY OF TUSTIN, AND TO PROVIDE FOR UNDERGROUND INSTALLATION OF THE AFOREMEN- TIONED APPURTENANCES. 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 require- ments necessary for the formation of that District; and WHEREAS, the City Council desires to convert certain electric and telephone facilities to underground electric and telephone facilities; and WHEREAS, Streets and Highways Code Section 5132 requires a public hearing before the work described in the Resolution of Intention is carried out; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin, California intends to do the following work: 1. Remove or cause to be removed the poles, overhead wires and associated structures and to provide for the installa- tion of conduit, structures and appurtenances for an underground electric and telephone system in the area described in Exhibit -1- "A" attached hereto and shown on a map marked Exhibit "B" attached hereto and both of which are made a part hereof by reference. The project would also include the installation of decorative street lighting along both sides of E1 Camino Real and portions of Main Street. The remainder of the District will have marbelite street lights installed. The work is more particularly described in plans and specifications on file and available for inspection at the Department of Engineering, City of Tustin, 300 Cente~'nial Way, Tustin, California, between the hours of 8:00 o'clock'a.m, and 5:00 o'clock p.m. Mondays through Fridays. 2. The Council further intends to and hereby elects to purchase assignments of the warrants, assessments and diagrams upon delivery thereof to the contractor and to thereby succeed to all rights and liens of the contractor to collect and to enforce the payment of the assessments. This project requires no acquisition by' the City of Tustin or by the Tustin Redevelop- ment Agency. The City will require rights of entry on certain parcels of privately owned property. 3. The Council further intends that the work described herein shall be done provided that the Tustin Community Redevelopment Agency accepts a portion of the proposed work as a project for which a contribution of labor, materials, supplies- and equipment will be made by said Tustin Community Redevelopment Agency. The contribution of the Agency will consist of providing for the conduit and structures for the utilities in a total estimated amount of $736,820.00. The remainder of the work, consisting of the connections between the project and the individual properties and estimated to cost approximately $58,340.00 shall be done by a contractor and assessed to the affected property owners in the approximate amounts described -2- 1 9 10 11 12 14 18 19 21 22 25 24 25 26 28 29 50 52 in Exhibit "C" attached hereto and incorporated herein by reference. The City of Tustin estimates its administration costs at $20,000.00. 4. The Council further intends to allow the payment of said assessments to be deferred until the property is sold or to be repaid in annual installments, in any event not to excee~ ten, and that the payment of assessments deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body,~/not to exceed 7% per annum, all in accordance with Section ~895 of the California Streets and Highways Code. RESOLVED FURTHER, that the City Council has determined that a public hearing shall be held on March 2, 1981 at the hour of 7:30 o'clock p.m. or as soon thereafter as the matter can be heard in the City of Tustin Council Chambers at 300 Centennial Way, Tustin, California. All persons having filed written objections as provided below may appear at said time and place to show cause why the proposed work should not be carried out in accordance with this Resolution of Intention. RESOLVED FURTHER, that the Department of Public Works of the City of Tustin is designated to answer inquires regarding ' these hearing proceedings. Said Department of Public Works may be reached by telephone: (714) 544-8890 between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m'., Mondays through Fridays. RESOLVED FURTHER, that the Director of Public Works shall cause to be conspiciously posted along the line of the contemplated work,'at not more than 300 feet in distance apart, notices of the passage of this resolution. Said posting shall be completed by February 20, 1981. RESOLVED, FURTHER that said notice of the passage of this -3- $ 4 § ? 9 18 19 29 $0 resolution shall be headed "Notice of Improvement" in letters of not less than one inch in height and shall otherwise consist of copies of this resolution of intention and the exhibits attached hereto. RESOLVED FURTHER that the Clerk of the City of Tustin shall give notice by mail of the adoption of this Resolution of Intention. Said notice shall contain a statement of the time, place and purpose of the hearing on the Resolution of Intention and a statement of the total estimated cost of the proposed. improvement ($795,160.00),~ the amount of the contribution to be made by the Tustin Community Redevelopment Agency ($736,820.00) and a statement that any interested person may file a protest as provided herein. Said notice shall also state that the Department of Public Works of the City of Tustin has been designated to answer inquiries regarding the protest proceedings and that they may be reached at (714) 544-8890 between the hours of 8:00 a.m. and 5:00 p.m.~ Mondays through Fridays. RESOLVED FURTHER that all protests shall be submitted in accordance with the following procedure: At any time not later than the hour set for hearing objections to the proposed work, any owner of property liable to be assessed for the work may make written protest against the proposed work or against the extent of the district to be assessed, or any of them. Such protest must be in writing, must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such prperty, must contain or be accompanied by written evidence that such signers are the owners of such -4- 4 ? 8 9 10 18 £8 property. Ail such protests shall be delivered to the City Clerk and no other protests or objections shall be considered. RESOLVED FURTHER that at the hearing scheduled above, the City C0uncil will proceed to hear and pass upon all protests made in accordance with the procedure set out above and the Council's decision shall be final and conclusive. The Council may adjourn the hearing from time to time. Any protest may be withdrawn by the owner ma~ing the same, in writing, at any that prior to the conclusion of said hearing or any such adjournment thereof. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, on the 2,~d day of February, , 1981. ATTEST: CITY CLER~ LSL:se:D:l/20/81 LSL:se:R:l/23/81 -5- LEGAL DESCRIPTION OF EL CAMINO REAL UNDERGROUND UTILITY DISTRICT NO. 5 IN THE CITY OF TUSTI~, CALIFORNIA "EX'H]B~T A" All that land in the City of Tustin, County of Orange, State of California, described as follov~s: Beginning at the point of intersection of the southerly right-of-way line of First Street {100' wide) with a line parallel to and 150 feet westerly of, as measured at right angles, from the westerly right-of-way line of E1 Camino Real (80' wide); Thence, easterly, along said southerly right-of-way line of First Street and its easterly prolongation, a distance of 377.5 feet more or less to the point of intersection with a line parallel to and 147.5 feet easterly of, as measured at right angles, from the easterly right-of-way line of E1Camino Real. Thence, southerly, along said parallel line, a distance of 483 feet more or less to the point of intersection with the northerly right-of-way line of Second Street (66' wide); Thence, westerly, along said northerly right-of-way line, a distance of 62.5 feet; ~ Thence, southerly, at right angles to said northerly right-of-way line of Second Street, a distance of 66 feet to the point of intersection with the souther- ly right-of-way line of Second St'reet; Thence, easterly, along said southerly right-of-way line, a distance of 62.5 feet to the point of intersection with a line parallel to and 147.5 feet easterly of, as measured at right angles, from said easterly right-of-way line of E1Camino Real; Thence, southerly, along said parallel line a distance of 300 feet more or less to the point of intersection with the northerly right-of-way line of lhird Street (66' wide}; Thence, westerly, along said northerly right-of-way line of Third Street, a distance of 62.5 feet; Thence, southerly, at right angles to said northerly right-of-way line of Third Street, a distance of 66 feet to the point of intersection with the souther- ly right-of-way line of Third Street; Thence, easterly, along said southerly right-of-way line of Third Street, a distance of 55 feet more or less to the point of intersection with a line parallel to and 140 feet easterly of, as measured at right angles, from said easterly right- of-way line of E1Camino Real; Thence, southerly, along said parallel line, a distance of 295 feet more or less, to the point of intersection with a line parallel to and 5 feet northerly of, as measured at right angles, from the northerly right-of-way line of Main Street (80' wide); ~ Thence, easterly, along said. parallel line, a distance of 896.57 feet; Thence, southerly, at right angles to said parallel line, a distance of 90 feet to the point of intersection with a line parallel to and 5 feet southerly of as measured at right angles from the southerly right-of-way line of Main Street; Thence, westerly, along said parallel line, a distance of 831.8 feet more or less to the point of intersection with a line parallel to and 204.75 feet easterly of, as measured at right angles from, the easterly right-of-way line of El Camino Real. Thence, southerly, along said parallel line, a distance of ll5 feet to the point of intersection with a line parallel to and 120 feet southerly of, as measured at right angles from the southerly right-of-way line of Nain Street; lhence, westerly, along said parallel line, a distance of 54.75 feet to the point of intersection with a line parallel to and 150 feet easterly of, as measured at right angles from, the easterly right-of-way line of E1 Camino Real. Thence, southerly, along sa~d parallel line, a distance of 180 feet to the point of intersection with a line parallel to and 300 feet southerly of, as measured at right angles from, the southerly right-of-way line of Main Street; Thence, westerly, along said parallel line, a distance of 20 feet to the point of intersection with a line parallel to and 130 feet easterly of, as maasured at right angles from, the easterly right-of-way line of E1Camino Real; Thence, southerly, along said parallel line, a distance of 368.4 feet more or less to the point ~f intersection with the northerly right-of-way line of Sixth Street {60' wide}; Thence, westerly, along said northerly right-of-way line, a distance of 120 feet to the point of intersection with a line parallel to and l0 feet easterly of, as measured at right angles from, the easterly right-of-way line of E1Camino Real; Thence, southerly, along said parallel line, a distance of 258.1 feet more or less to the beginning of a tangent curve, concave easterly and having a radius of 150 feet; Thence, along the arc of said curve, through a central angle of 49°52'30", an arc distance of 130.57 feet to the-point of intersection with a line parallel to and l0 feet northeasterly of, as ~e_asured at right angles from, the north- easterly right-of-way line of Laguna;qRoad (variable width); Thence, southeasterly, along said parallel line, a distance of 274.89 feet to an angle point in said parallel.line; Thence, continuing southeasterly, along said parallel line, a distance of 20 feet to the beginning of a line parallel to and 13 feet northeasterly of, as measured at right angles, from, the northeasterly right-of-way line of said E1 Camino Real; Thence, southeasterly, along the last mentioned parallel line, a distance of 145 feet more or less to the point of intersection with a line parallel to, and 60 feet northwesterly of, as measured at right angles from, the existing centerline of Newport Avenue; Thence, northeasterly, along said parallel line, a distance of 430.69 feet to the point of intersection with the northwesterly prolongation of the existing centerline of Bonita Street; Thence, southeasterly, along said northwesterly prolongation and centerline of Bonita Street, a distance of 120 feet to the point of intersection with a line parallel to and 60 feet southeaster-ly of, as measured at right angles from, the existing centerline of Newport Avenue; Thence, southwesterly,.along the last mentioned parallel line, a distance of 864.1 feet more or less to the point of intersection with the northeasterly ri§hr-of-way line of the Santa Ana Freeway per R/~l Map F-1982, recorded in Book 2657 Page 524, Records of Orange County; Thence, northwesterly, along the northwesterly prolongation of said north- easterly right-of-way line of the Sant~ ~na Freeway, a distance of 320.5 feet more or less to the point of intersection with a line parallel to and l0 feet westerly of, as measured at right angles from, the westerly right-of-way line of previously mentioned El Camino Real; Thence, northerly, along said parallel line, a distance of 601.3 feet more or less to the point of intersection with a line parallel to, and 295 feet souther- ly of, as measured at right angles from, the southerly right-of-way line of Sixth Street (66' wide); Thence, westerly, along said parallel line a distance of 190 feet to the point of intersection with a line parallel to and 200 feet westerly of, as measured at right angles from, the westerly right-of-way line of said E1Camino Real. Thence, northerly, along said parallel line, a distance of 366 feet to the point of intersection with a line parallel to, and 5 feet northerly of, as measured at right angles from, the northerly right-of-way line of said Sixth Street; Thence, easterly, along said parallel line, a distance of 190 feet more or less to the point of intersection with a l~ne parallel to, and 10 feet westerly of, as measured at right angles from, the westerly right'of-way line of said E1 Camino Real; Thence, northerly, along said parallel line, a distance of 656 feet more or less to the point of intersection with a line parallel to, and 5 feet southerly of, as measured at right angles from, the southerly right-of-way line of previous- ly mentioned Main Street; Thence, westerly, along said parallel line, a distance of 290 feet more or less to the point of intersection with the easterly right-of-way line of "C" Street (66' wide); Thence, northerly, along said easterly right-of-way line of "C" Street and its northerly prolongation, a distance of 90 feet to the point of intersection with a line parallel to, and 5 feet northerly of, as measured at right angles from, the northerly right-of-way line of said Main Street; Thence, easterly, along said parallel line, a distance of 265 feet more or less to the point of intersection with a line parallel to, and 35 feet westerly of, as measured at right angles from, the westerly right-of-way line of said E1 Camino Real; Thence, northerly, along said~parallel line, a distance of 155 feet to the point of intersection with the.northerly line of an easement for alley purposes as described in a deed recorded in Boo~'2130 Page 615 of Deeds, Records of Orange County; Thence, easterly, along said northerly line, a distance of 25 feet to the point of intersection with a line 'parallel to, and l0 feet westerly of, as measured at right angles from, the westerly right-of-way line of said E1Camino Real; Thence, northerly, along said parallel line, a distance of 496 feet more or less to the point of intersection with a line parallel to, and l0 feet southerly of, as m~asured at right angles from, the southerly right-of-way line of previously mentioned Second Street; Thence, westerly, along said parallel line, a distance of 86.75 feet to the point of intersection with'a line parallel to, and 96.75 feet westerly of, as measured at right angles from, the westerly right-of-way line of said E1Camino Real; Thence, northerly, along said parallel line a distance of 126 feet to the point of intersection with a line parallel to, and 50 feet northerly of, as measured at right angles from, the northerly right-of-way line of said Second Street; Thence, westerly, along said parallel line a distance of 43.25 feet to the point of intersection with a line parallel to, and 140 feet westerly of, as ~easured at right angles fr6m, the westerly right-of-way line of said E1Camino Real; Thence, northerly, along said parallel line, a distance of 200 feet to the point of intersection with a line parallel to, and 250 feet northerly of, as · ~asured at right angles from, the northerly right-of-way line of said Second Street; , Thence, westerly, along said parallel line, a distance of l0 feet to the point of intersection with the first mentioned parallel line; Thence, northerly, along said first mentioned parallel line, a distance of 233 feet more or less to the point of beginning. CITY OF TUSTIN EL CAMINO REAL UNDERGROUND UTILITY DISTRICT NO. 5 ¢..) 0 0 0 0 0 0 0 CD 0 LU I X X X X X X X I X X X X X II XXXXXXIXX X XI ;:';,,,,: g o o o o o o ,,: o k STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 81-14 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 2nd day of February, 1981 by the following vote: AYES : NOES : ABSENT: COUNCILPERSONS: COUNCILPERSONS: COUNCILPERSONS: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy None City of Tustin, California