HomeMy WebLinkAbout2013-82 - RESCINDED SEE 2016-41; Establishing Underground Utilities District No. 22 and Ordering the Removal of Poles, Overhead Wires, and Associated Overhead Stuctures Within Undergound Utility District No. 22A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING UNDERGROUND UTILITIES
DISTRICT NO. 22 (BALBOA BOULEVARD BETWEEN WEST
COAST HIGHWAY AND 22 "s STREET) AND ORDERING THE
REMOVAL OF POLES, OVERHEAD WIRES, AND ASSOCIATED
OVERHEAD STRUCTURES WITHIN UNDERGROUND UTILITY
DISTRICT NO. 22
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport Beach
Municipal Code ("NBMC"), authorizes the City Council to call public hearings to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires
and associated overhead structures within designated areas of the City, and underground
installation of wires and facilities for supplying electric, communication, and similar
services; and
WHEREAS, pursuant to NBMC Section 15.32.020, the City Council took action to
set a public hearing for the 12th of November, 2013, at 7:00 p.m. for the purpose of
determining whether an underground utilities district should be established within the
certain territory referred to as Uncle round Utilities District No. 22 (Balboa Boulevard
between West Coast Highway and 22° Street), which is hereinafter described; and
WHEREAS, the City Clerk provided notices to all owners of property and affected
utilities within the proposed underground utilities district at least fifteen (15) days prior to
the date of the public hearing, as prescribed by said NBMC Section 15.32.020; and
WHEREAS, at the public hearing the City Council reviewed the report submitted by
the Public Works Director pursuant to NBMC Section 15.32.030 and heard the testimony
of all interested persons.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The public necessity, health, safety and welfare require the removal of
poles, overhead wires and associated overhead structures used to supply electric,
communication, and similar services, and their installation underground within the following
described areas of the City of Newport Beach:
Those parcels of land located in the City of Newport Beach, County of
Orange, State of California, as described in Exhibit "A" and depicted in
Exhibit "B" ( "District ").
For reference, the boundary line for the land described above is shown on
City of Newport Beach Drawing No, SD- 5084 -5, on file in the office of the
Public Works Department.
The City Council further resolves:
Section 2: The District, which includes Balboa Boulevard, along which the work is
to be performed, is extensively used by the general public and carries a heavy volume of
pedestrian and vehicular traffic; and
Section 3: The District is hereby declared to be an underground utilities district,
to be known as Underground Utilities District No. 22, and the affected utility companies
and property owners are ordered to cause the required removal and underground
installation work to be done.
Section 4: The date by which the required removal and underground installation
work is to be accomplished and by which the affected property owners must be ready to
receive underground utility service is June 2016.
Section 5: The City Clerk is directed to notify all affected utility companies and all
persons owning real property within said District of the adoption of this resolution within ten
(10) days after its effective date. The City 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 or utilities on file with
the Commission, in accordance with NBMC Section 15.32.080.
Section 6: This Project is categorically exempt under California Environmental
Quality Act ( "CEQA ") Regulation Section 15302(d), because it involves the conversion of
overhead electric utility distribution system facilities to underground including connection to
existing overhead electric utility distribution lines where the surface is restored to the
condition existing prior to the undergrounding.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting this resolution.
Adopted this 12th day of November, 2013
ATTEST: % ft
— A, '- - Leilani I. Brown, City Clerk
Keith D. Curry, Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013 -82 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the I day of November, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Henn, Daigle, Mayor Curry
Nays: None
Recused: Hill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13" day of November, 2013.
City Clerk
Newport Beach, California
(Seal)