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HomeMy WebLinkAbout2018-078 - Establish Underground Utility DIstrict No.37jmf 9/28/18 RESOLUTION NO. 2018-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 37, WARNER AVENUE FROM MAIN STREET TO GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Chapter 37 of the Santa Ana Municipal Code describes the procedures for establishing an underground utility district. These procedures include the calling of a public hearing by the City Council to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric communication, or similar or associated service. B. If, after such public hearing, the City Council finds that the public necessity, health, safety, or welfare requires such removal and underground installation within the designated area, the City Council shall declare by resolution the designated area an underground utility district and order such removal and underground installation. C. On July 17, 2018, the City Council adopted Resolution No. 2018-052 declaring its intention to establish Underground Utility District No. 37, to be located along Warner Avenue from Main Street to Grand Avenue, and calling a public hearing for this purpose on October 16, 2018, at 5:45 p.m. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. D. Notice was given to all affected utilities and property owners concerned as shown on the last equalized assessment roll of the time and place of such hearing at least ten days prior to the date thereof. E. On October 16, 2018, the City Council duly held a public hearing, at which all persons interested were given an opportunity to be heard. F. An Engineer's Report for Underground Utility District No. 37 was prepared prior to the holding of the public hearing and submitted at the time thereof. A copy of this report will be kept on file with the Clerk of the Council. Resolution No. 2018-078 Page 1 of 5 Section 2. The City Council of the City of Santa Ana hereby finds and determines that the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric communication, or similar or associated service, within that area of the City along Warner Avenue from Main Street to Grand Avenue, as shown on the map attached as Exhibit A. Section 3. Pursuant to Santa Ana Municipal Code Section 37-4, the above- described area as depicted on Exhibit A is hereby designated as Underground Utility District No. 37 of the City of Santa Ana. Section 4. The City Council further finds and determines that Underground Utility District No. 37 is created in the general public interest because such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities, the street or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, and the street, road, or right-of-way adjoins or passes through a civic area, public recreation area, or an area of unusual scenic interest to the general public. Section 5. The City Council orders the removal of all poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric communication, or similar or associated service, to be completed within Underground Utility District No. 37 on or before January 1, 2031. Affected property owners must be ready to receive underground service on January 1, 2021. Section 6. Any electric, communication, or similar or associated utility that undertakes underground installation of its facilities under this Resolution shall use its own underground conversion funds to provide to each premises within Underground Utility District No. 37 the installation of up to 100 feet of each customer's underground service lateral that is occasioned by the undergrounding (as well as backfill, paving, and conduit if required). Section 7. The establishment of an underground utility district and the removal of poles and underground installation of overhead wires and associated overhead structures is within the class of projects under Section 15302 of the State CEQA Guidelines, which consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and is therefore categorically exempt from the provisions of CEQA. Section 8. Within ten (10) days of the effective date of this Resolution, the Clerk of the Council shall notify all affected utilities and all persons owning real property within Underground Utility District No. 37 of the adoption thereof. The Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility Resolution No. 2018-078 Page 2 of 5 or utilities on file with the California Public Utilities Commission. The notification required by this Section 8 shall be made by mailing a copy of this Resolution, together with a copy of Chapter 37 of the Santa Ana Municipal Code, to affected property owners as shown on the last equalized assessment role and to the affected utilities. Section 9. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 16th day of October 16th, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: J n M. Funk Assistant City Attorney AYES NOES ABSTAIN Councilmembers: Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) Councilmembers Councilmembers: NOT PRESENT: Councilmembers None (0) Tinaiero (1) Resolution No. 2018-078 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -078 to be the original resolution adopted by the City Council of the City of Santa Ana on October 16, 2018. Date: &; / 1�2o/.S Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2018-078 Page 4 of 5 October 18th, 2011 AR1 i M I District Boundary Map PHASE I RV AREA S u +1A N m Z+ UUD No. 37 .ware W r eh LEGEND: ..��' BOUNDARY AREA ay�,,pI E PROPOSED BOUNDARIES OF WARNER AVENUE FROM AGAIN STREET T4 BRAND AVENUE UTILITY DISTRICT (UD NO- 37) Resolution No. 2018-078 Page 5 of 5