The URL can be used to link to this page

Home My WebLink About2016-41 - Rescinding Underground Utilities District No. 22 and Establishing Underground Utilities District No. 22a (Balboa Boulevard between West Coast Highway and 22ns Street, Including Court Street between 21st and 20th Streets) and Ordering the RemovalRESOLUTION NO. 2016-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RESCINDING UNDERGROUND UTILITIES DISTRICT NO. 22 AND ESTABLISHING UNDERGROUND UTILITIES DISTRICT NO. 22a (BALBOA BOULEVARD BETWEEN WEST COAST HIGHWAY AND 22ND STREET, INCLUDING COURT STREET BETWEEN 21sT AND 20TH STREETS) AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES WITHIN UNDERGROUND UTILITY DISTRICT NO. 22a 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, on November 12, 2013, pursuant to NBMC Section 15.32.020, the City Council approved Underground Utility District No. 22 (Balboa Boulevard between West Coast Highway and 22nd Street) pursuant to Resolution No. 2013-82 ; and WHEREAS, the boundary of Underground Utility District No. 22 no longer coincides with the project boundary due to design changes and additions. Proposed Underground Utility District No. 22a establishes new boundaries that are consistent with these design changes and additions; and WHEREAS, the City Clerk provided notices to all owners of property and affected utilities within the proposed Underground Utilities District 22a 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 22a"). For reference, the boundary line for the land described above is shown on City of Newport Beach Drawing No. SD -5084-S, on file in the office of the Public Works Department. Resolution No. 2016-41 Page 2 of 2 The City Council further resolves: Section 2: District 22a, which includes Balboa Boulevard and Court Street, 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: District 22a is hereby declared to be an underground utilities district, to be known as Underground Utilities District No. 22a, 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 2018. 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. Section 8: Resolution No. 2013-82, adopted November 12, 2013, establishing Underground Utility District No. 22 is hereby rescinded Adopted this 22nd day of March, 2016. Coast Survt}mg. Inc, March 16 2016 EXHIBIT A LEGAL DESCRIPTION UNDERGROUND UTILITY DISTRICT NO. 22a PARCELS 1 AND 2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 207, PAGES 1 THROUGH 3, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; PORTION OF LOT 1 OF TRACT NO. 7530, IN SAID CITY, AS PER MAP RECORDED IN BOOK 297, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; PORTION OF BLOCK 145 OF MAP OF CANAL SECTION, IN SAID CITY, AS PER MAP RECORDED IN BOOK 4, PAGE 98 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; AND PORTIONS OF BLOCK 130, 132, 133,134 AND 135 OF MAP OF LAKE TRACT, IN SAID CITY, AS PER MAP RECORDED IN BOOK 4, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; PORTION OF BLOCKS 22, 23, 27, 28 AND 35 OF MAP OF NEWPORT BEACH IN SAID CITY, AS PER MAP RECORDED IN BOOK 3, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; PORTIONS OF BLOCK 20 OF FIRST ADDITION TO NEWPORT BEACH, IN SAID CITY, AS PER MAP RECORDED IN BOOK 3, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; TOGETHER WITH PORTIONS OF BALBOA BOULEVARD AND ADJOINING STREETS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF, DATED THIS 16th DAY OF MARCH, 2016 � r GWEN-VERA DEL CASTILLO, PLS 5108 A 113-02I r_c5 CA�� Map OF BECTON M. n -i} SEASHORE DRIVE AD:i9 MAP OF ROVER Srt-,CTOOK ui%no M. 4 125 UNDERGROUND UTILITY DISTRICT NO. 22a GENERALLY BOUNDED BY BALBOA BLVD. FROM COAST HIGHWAY TO 22ND STREET LEGEND: • UTILITY POLES TO BE REMOVED OVERHEAD UTILITY LINES TO BE REMOVED --- UNDERGROUND UTILITY DISTRICT BOUNDARY •.. ••• • - ••• ••••• OVERHEAD UTILITY GUY WIRE TO REMAIN AD69 O LAND S 5ti DEL C ��L L S. 5108 Q N.T.S. We ��_l O UTILITY POLE TO REMAIN A NEW UTILITY POLES TO INSTALL o RULE 20A POLE — — — — — — OVERHEAD UTILITY LINES TO REMAIN IN PLACE INA LU z x U L- Q Npil A, F-1 OF 1M. -9� LAA KE TRACT vuup, or nmER 2)NU Oo N MAP Leo Fina �� ' o 3 `" 1G v UNDERGROUND GENERALLY BOUNDED BY SAL LEGEND: DISTRICT NO. 2 BLVD, FROM COAST HIGHWAY TO 22ND STREET • UTILITY POLES TO BE REMOVED OVERHEAD UTILITY LINES TO BE REMOVED ----- UNDERGROUND UTILITY DISTRICT BOUNDARY ....................... OVERHEAD UTILITY GUY WIRE TO REMAIN N.T.S. O UTILITY POLE TO REMAIN NEW UTILITY POLES TO INSTALL o RULE 20A POLE ------ OVERHEAD UTILITY LINES TO REMAIN IN PLACE M LU U Q a w W U) W z J U F Q G (3 z T 1r f-; f TRACT T �v] 1 3 LEGEND: • UTILITY POLES TO BE REMOVED OVERHEAD UTILITY LINES TO BE REMOVED ---- UNDERGROUND UTILITY DISTRICT BOUNDARY ••-• •-• ••................. -• OVERHEAD UTILITY GUY WIRE TO REMAIN N.T.S. o UTILITY POLE TO REMAIN NEW UTILITY POLES TO INSTALL o RULE 20A POLE ------ OVERHEAD UTILITY LINES TO REMAIN IN PLACE -40 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. 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. 2016-41 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 22nd day of March, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Dixon NAYS: None RECUSED: Council Member Curry, Mayor Pro Tem Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of March, 2016. Leilani I. Brown, MM City Clerk Newport Beach, California (Seal)