HomeMy WebLinkAboutPH 1 UNDRGD UTIL #5 03-02-81DATE:
February 12, 1981
PUBLIC HEARING
Inter-Corn
Honorable Mayor and Members of City Council
TO: Bob Ledendecker, City Engineer
FROM: James G. Rourke, City Attorney, Alan R. Watts, Assistant City
Attorney, Lydia S. Levin, Deputy City Attorney
SUBJECT:
E1 Camino Real Underground Utility District No. 5
Since the Improvement Act of 1911, under which this District
was set up, is quite specific in its requirements, the following
is submitted as a guide for your use in conducting the protest hearing
scheduled for 7:30 p.m. on March 2, 1981, and in related proceedings.
Please note that the protest hearing, which is held by the Council,
must be held before the Redevelopment Agency awards the contract.
A. PROTEST }{EARING
Ask the Clerk if any protests have been received, and,
if so, if they were filed in accordance with the
requirements spelled out in the Resolution of
Intention. (The requirements related to the sub-
mission of protests are spelled out in the
Resolution of Intention adopted by the Council
on February 2, 1981. In brief, protests must be
in writing, must describe the property in which
the signer is interested (i.e. must reflect that
the signer owns property liable to be assessed),
and must be delivered to 'the clerk no later than
6:30 p.m. on March 2, 1981.)
2. Ask for all such valid protests.
Read the protests and discuss. Note that §5221 of
the Streets and Highways Code (and part of the
Improvement Act of 1911) allows the Council to
adjourn the hearing "from time to time," and that
any protest may be withdrawn by the owner, in
writing, at any time before the conclusion of the
hearing or any adjournment.
e
If protest is made by the owners of more than one-
half of the affected property, the work may not be
done (and no further proceedings may take place
for one year) UNLESS the protests are overruled by
vote of four-fifths of the Council. It is therefore
essential that all Council members be present at the
March 2 hearing.
In addition, if it is necessary to determine
whether or not the signers of protests are owners
(in order to determine if a majority protest exists),
the Council should consider the last equalized
assessment roll, any written evidence submitted with
a written protest, and any other evidence received
at the hearing. No other evidence need be considered.
ASSUMING THERE IS NO MAJORITY PROTEST, OR THAT IT IS OVERRULED:
5. The Council should then vote on the protests.
(The Resolution of Intention, at page 5, specifies that
the Council will hear and pass on any protests at the
March 2nd hearing. However, the Streets and Highways
Code alternatively allows the City Council, in lieu of
hearing and passing upon protests, to continue the
hearing to a day certain and to refer the protests to
the City Engineer for investigation, report and
recommendation. We chose the first alternative because
the Council should make a decision on this before a
contract is entered into, and the contract (to do
the public work) is scheduled to be awarded on March
2nd also).
B. RESOLUTION ORDERING THE WORK TO BE DONE
6. The Council should then pass a Resolution
Ordering the Work to be Done. (See attached)
C. RECONVENE REDEVELOPMENT AGENCY AND AWARD CONTRACT
7. Following the. passage of the Resolution to do
the work, the Redevelopment Agency should be reconvened.
8. The Engineer (or other designated official)
should be called on to report on the results of the
bidding.
9. The Agency should then award the contract to
the lowest qualified bidder. (The Agency may reject
any and all bids),
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RESOLUTION NO. 81- 23
A RESOLUTION ORDERING THE WORK DESCRIBED IN
RESOLUTION NO. 81-14, AND DESCRIBED MORE
PARTICULARLY AS THE REMOVAL OF POLES, OVER-
HEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES
IN THE AREA DESIGNATED THE "EL CAMINO REAL
UNDERGROUND UTILITY DISTRICT NUMBER FIVE',
TO BE DONE.
The City Council of the City of Tustin, California, hereby
resolves as follows:
WHEREAS, by Resolution No. 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 No. 81-14, the City Council
set forth its intentions to convert certain electric
and telephone facilities to underground electric and
telephone facilities; and
WHEREAS, notices of the passage of said
R~solution No 81-14 were duly posted and the Clerk
of the City of Tustin has given notice by mail of the
adoption of said Resolution, a public hearing has
been held and the City Council has voted to proceed
with the project,
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Tustin, California, hereby orders that
the work described in Resolutions No. 80-89 and 81-14
be done.
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
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DATE:
FEBRUARY 20, 1981
ln er-¢om
TO:
FROM:
SUBJECT:
DAN BLANKENSHIP, CITY ADMIN!STRATOR
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CiTY ENGINEER
PUBLIC HEARING - EL CAMINO REAL UTILITY UNDERGROUND DISTRICT #$
At their meeting, of February 2, 1981,~the Tustin City Council passed and adopted
Resolution No. 81-14 which set the date and time for a public hearing on the said
utility underground district. This hearing was set for 7:30 P.M., March 2, 1981.
This resolution further describes and/or requires the following:
1. Work to be completed to accomplish said undergroundin§ of utilities.
The installation of decorative and standard street lighting within the
project.
Establishes the total estimated cost of the project as $795,160.00.
The provision for assessment of the private property service conversion cost
to each property owner over a ten-year period at an interest rate not to
exceed 7% per annum.
Posting of notices of the passage of Resolution No. 81-14 along the line of
contemplated work at not more than 300 feet apart in distance.
7. Notice by mail of said hea~ing of all affected property owners.
All of the above requirements have been completed.
Resolution No. 81-14 provides the opportunity for any property owner that would be
assessed for the said work to make a written protest against the proposed work or
against the extent of the district to be assessed.
A copy of Resolution No. 81-14 is attached for your information.
RECOMMENDED ACTION:
That the City Council, at their March 2, 1981 7:30 P.M. meeting, open said hearing
for the E1Camino Real Utility U2derground District No.5 and proceed to hear and pass
upon all protests.
BOB LEDENDECKER
DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
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