HomeMy WebLinkAboutCC 8 UNDERGD DIST 5 07-06-81DATE: JULY' 1, 1981
CONSENT CALENDAR
7-6-81
NO. 8
Inter-Corn
TO: CHARLES THAYER, INTERIM CITY ADMINISTRATOR
FROM: BOB LEDE~DECKER, DIRECTOR OF PUBLIC WO/~S/CIT~ ~GINEER
SUBJECT: EL CAMINO REAL UTILITY Llb~ERS1KXRqD DISTRICT NO. 5
BACKGROUND
The attached resoluti°n amends a previously adopted Resolution No. 81-14 wherein the
City Council announced its intention to remove poles, overhead wires and associated
overhead structures within the subject district and to provide for underground
installation of these facilities.
During the course of construction of these facilities, the Southern California Edison
Co. and Pacific Telephone Co. were unable to obtain easements across certain
properties. This in turn caused a redesign of the system whid~ requires the overhead
to underground conversion of three additional utility services. The location and
estimated cost of these services are described on page 2 of the attached resolution.
In order to add these three conversions to the existing district it will be necessary
to. amend Exhibit "C" of Resolution No. 81-14 and to set a public hearing for
7:30 PM on July 20, 1981.
That the Tustin City Council, at their meeting of July 6, 1981, adopt the attached
resolution which amends Resolution No. 81-14 and sets the time and date as 7:30 PM on
July 20, 1981 for a public hearing to hear all protests for said additional service
conversions.
T.RnE~qDECKER
DIRECTOR OF PU~.IC ~I)RES/
I db
Attad~ment
.[ cc Mary Wynn /
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RESOLUTION NO. 81- 81
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ~ND-
ING RESOLUTION NO. 81-14 TO AMEND
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 installation
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 Nos.
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 properties thereto; and
WHEREAS, Streets and Highways Code ~ 5132 requires a public
hearing before the work described in the Resolution of Intention
is carried out.
NOW, THEREFORE, BE IT RESOLVED that Exhibit "C" to Resolution
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No. 81-14 be amended to add the following:
AddreSs of Assessor's Listed
Property Parcel No. Owner
420 E1 Camino Real
430 E1 Camin0 Real
130 W. Main Street
62-102-23
62-102-19
62-102-22
Estimated Cost
to Owner
Catherine Denler $3,200
Margaret Pottenger 2,400
Diocese of Orange 1,200
Education & Welfare
Corp.
RESOLVED FURTHER, that the City Council has determined
that a public hearing shall be held on July 20, 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 inquiries regard-
ing 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 conspicuously posted along the line of the additional
contemplated work,'at not more than 300 feet in distance apart,
notices of the passage of this Resolution. Said posting shall
be completed by July 10, 1981.
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RESOLVED FURTHER, that said notice of the passage of this
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 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.
Said notice shall contain a statement of the time, place and
purpose of the hearing on this Resolution and a statement of
the total estimated cost of the proposed improvements
($801,960.00 ), the amount of the contribution to be made by
the Tustin Community Redevelopment Agency ($ 736,820.00 ) and
a statement that any interested person may file a protest as
provided herein. Said notice shall also state that the Depart-
ment 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 the Clerk of the City of Tustin
shall cause this amendment to the Resolution of Intention to
be published on or before July 10, 1981.
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
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extent of the district to be assessed, or any of
them. Such protest must be in writing, must con-
tain 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 property, must contain or be
accompanied by written evidence that such signers
are the owners of such property. All 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 Council 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 owners making the same, in writing, at
any time 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 day
of , 1981.
ATTEST:
MAYOR
CITY CLERK
LSL:lw:D:6/30/81
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R~SOLUTION NO. 81-14
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
AVENUE BETWEEN' BONITA STREET AND THE SANTA
ANA FREEWAY WHICH AREA IS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
ON THAT CERTAIN MAP ON FILE IN THE OFFICE
OF THE CITY CLERK 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 El Camino Real Uaderground 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 under'ground electric and
telephone fac%lities; 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
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"A" attache~ 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
4 decorative street lighting along both sides of E1Camino Real
5 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,
9 City of Tustin, 300 Centennial Way, Tustin, California, between
10 the hours of 8:00 o'cloc~ a.m. and 5:00 o'clock p.m. Mondays
11 through Fridays.
2. The Council further intends to and hereby elects to
13 purchase assignments of the warrants, assessments and diagrams
14 upon delivery thereof to the contractor and to thereby succeed
15 to all rLghts and liens of the contractor to collect and to
16 enforce the payment of the assessments. This project requires
17 no acquisition by'the City of Tustin or by the Tustin Redevelop-
18 ment Agency. The City will require rights of entry On certain
19 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
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in ~xhibit #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 ia 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, Tusti~, 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
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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
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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 Council will p~oceed 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 o~ said hearing or any such adjournment
thereof.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, OS the 21,d day of February,
, 1981.
ATTEST:
LSL:se:D:I/20/81
LSL:se:R:l/23/81
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LEGAL DESCRIPTIOn( OF EL CAMINO REAL
UNDERGROUND UTILITY DISTRICT NO.
Ir( THE CITM OF TUSTIN, CALIFORNIA
All that land in the City of Tustin, County of Orange, State of California,
described as follo:~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 ~ore 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 ~re or
less to the point of intersection wi. th 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 Street;
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 El Camino
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 Third
Street (66' wide);
Thence~ westerly, along said northerly right-of-way line of Third Street,
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 Hain Street
(80' wide); ·
Thence, easterly, along said parallel line, a distance of 896.57 feets
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-~ay line of Hain Street;
Thence, ~testerly, along said parallel line, a distance of 831.8 feet mere 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 E1Camino
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 Flain Street;
Thence, v~sterly, along said parallel line, a distance of S4.7S feet to the
point of intersection ~ith a line parallel to'and 150 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 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 ~ain 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
m~asured at right angles from, the easterly right-of-way line of E1 Camino Real;
Thence, southerly, along said parallel line, a distance of 368.4 feet more
or less to the point Df 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 ~asured 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 th~.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 Lagun~:Road {variable width);
Thence, southeasterly, along said parallel line, a distance of 274.89 feet
to an angle point in said p~rallel.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 El
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 Ne~iport Avenue;
Thence, northeasterly, along said parallel line, a distance of ¢30.69 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 southeasterly of, as measured at right angles from, the
existing centerline of [(e~port 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
right-of-way line of the Santa Aha Freeway per R/~I Map Fo1982, 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 ~95 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 El Camtno 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 1go feet more or
less to the point of intersection with a line parallel to, and 10 feet ~esterly
of, as measured at right angles from, the westerly rightZof-way line of said E1
Cafnino Real;
Thence, northerly, along said parallel line, a distance of 656 f~et 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
less to the point of intersection with the easterly right-of-way
(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 2~5 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 1SS feet to the
point of intersection with the northerly line of an easement for alley purposes as
described in a deed recorded in Bookl'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 El Camino Real;
Thence, northerly, along said parallel line, a distance of 496 feet ~re or
less to the point of intersection with a line parallel to, and l0 feet southerly
of, as ¢~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 E1 Camino
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 ¢3.25 feet to the
point of intersection with a line parallel to, and 140 feet westerly of, as
· easured at right angles frbm, the v~sterly 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 ~0 feet northerly of, as
measured at right angles fro~, 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.
290 feet more or
line of "C" Street
DISTRICT NO. $
~> ~xxxxxxx
o oo~ooo~
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 i's 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
N~ne
City of Tustin, California