Kline Drive
Improvements to Kline Dr.
The construction cost for the roadway improvement is $600,000; Undergrounding costs approximately $250,000 additional.
During
the months of October and November, RSG and RDMD met with all available
property owners on Kline Drive to fully explain the ramifications of
the road project. The property owners were shown just where the road
will be constructed, in order to provide the most detailed impact on
personal property possible. The property owners were also briefed on the
fact that Kline Drive will be a public road, which will require a
dedication of personal property to the County of Orange.
Representatives
from RSG then provided each property owner with an agreement and
detailed maps. These agreements explain each property owners position on
the project, and represent a good faith agreement to dedicate right of
way for a public road at the appropriate time.
In addition, the
status of underground utilities was discussed with each property owner
to gauge the level of support for those improvements. Due to provisions
in California Redevelopment Law, the costs of undergrounding across each
private lot cannot be paid by the Agency. Rather, they will be the
responsibility of each owner. Depending on how up to date the electrical
system is at each home (and some are quite old), these costs could
involve more than just installing a trench and cable from the conduit in
or adjacent to the street.
There is total support for the road,
which is necessary given the nature of the existing easement. As a
result, the County will proceed with detailed engineering and will
prepare legal descriptions and other documents to eliminate the easement
and dedicate of necessary right of way.
There was not full
support for undergrounding the utilities, so that part of the project
will not be pursued. Rather, the plans will address the existing utility
poles and their possible relocation.
County staff, at the
request of Mario Mainero of Supervisor Moorlach's office, is looking
into potential tools that could allow the private costs to be paid by
the property owners when their property is sold, or at some other, more
convenient time. If a decision is made to offer such assistance, then
undergrounding of utilities will be re-examined with the Kline Drive
property owners.
Mario Mainero reported: "As per the County
Council, the County can perform work that, under ordinance, is the
responsibility of the owner (such as connecting private property to the
underground utility lines), and may then assess those costs against the
property in the form of a lien. See California Civil Code Section 2881;
Orange County Codified Ordinances Section 7-11-8(g)). The property
owners could also enter into an agreement with the County that provides
for the payment over time of the cost of the laterals and provides for
securing that obligation with a lien against the property.
However,
this must be done with County funds, and NOT redevelopment (or OCDA)
funds. In a letter dated February 21, 2005, redevelopment counsel,
Goldfarb Lipman, stated that redevelopment funds cannot be used to
connect private property to the underground utilities lines. If so, then
it is likely that redevelopment funds cannot be advanced as loan to
connect private property to the underground utilities lines, either.
However, I need to contact Goldfarb Lipman to verify this."
BV
asked Mario if it was possible to put the cost of the hook ups on
property taxes over a period of time as an alternative for homeowners.
He replied " That one is not doable because there are statutes
controlling what goes into property taxes and to whom they are paid. The
lien, or a deal on an extended payback, get to the same place."
As
you probably know, this project will involve the County's constructing a
paved street and cul-de-sac along the existing gravel road using
redevelopment funds. Property owners will not be responsible for
construction costs, but will need to dedicate the necessary property for
the project. The County's Resources Development and Management
Department has completed refinements to the concept plan last discussed
with property owners including calculations of just what right-of-way
will be needed from each owner. Meetings are being held with each
owner in order to explain exactly how the project will impact his/her
property and to receive a "good faith" commitment for right of way
dedication.
Once these commitments have been received from all
property owners, the County will undertake detailed engineering of the
project and will finalize the right-of-way transfers. Construction will
follow. The project should be complete, if all goes well, by the end
of 2008 (or early 2009).
The
project will construct a paved public roadway, from Orchard Drive to
approximately 650 feet southerly, serving 14 properties. Access to the
lots is currently provided by an unpaved dirt road within a 30 foot wide
private easement.
In 2002, the County's Housing and Community
Services Department retained a Consultant to develop several street "Concepts" for consideration by the affected property owners in order to
obtain voluntary dedication of right-of-way to construct the public
street. Property owner meetings were held and surveys conducted and the
Concepts were refined by the end of 2005. The area is currently under
review for annexation by the City of Newport Beach.
In August of 2006, RDMD was directed by the CEO to take the lead on project delivery.
The
project is currently being implemented through County RDMD/Road
Division. The County Board of Supervisors has approved a contract
agreement with an engineering firm on 9-12-06 and has retained a Project
Manager to oversee the project. We anticipate this project to be a
two-phase project that includes a Project Report as Phase I and Plans,
Specifications, and Estimates as Phase II. Our Project Manager is
expecting to complete a draft scope of work for a Project Report within
the next few weeks, so that he can negotiate a contract with the
engineering firm.