2018-078 - Establish Underground Utility DIstrict No.37

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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