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
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PROPOSED BOUNDARIES OF WARNER AVENUE
FROM AGAIN STREET T4 BRAND AVENUE
UTILITY DISTRICT (UD NO- 37)
Resolution No. 2018-078
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