HomeMy WebLinkAbout2009-15 - Utilities District 19 - Santa Ana HeightsRESOLUTION NO. 2009- 15
RESOLUTION AMENDING THE BOUNDARIES OF UNDERGROUND
UTILITIES DISTRICT NO. 19 (SANTA ANA HEIGHTS — MESA DRIVE,
CYPRESS STREET AND PORTION OF ORCHARD DRIVE)
WHEREAS, on June 14, 2005, this legislative body established an underground
utilities district designated as Underground Utilities District No. 19 (Santa Ana Heights —
Mesa Drive, Cypress Street and a portion of Orchard Drive) (the "District') to provide for
the conversion of certain overhead electrical and communication facilities to
underground locations, together with appurtenances and appurtenant work in
connection therewith, pursuant to the terms and provisions of Chapter 15.32 of the
Code of Ordinances of the City of Newport Beach (the "Ordinance");
WHEREAS, the utility companies subsequently expressed design concerns for
the properties south of Mesa Drive;
WHEREAS, it has subsequently been determined that two properties previously
identified within the District are not served by the poles and wires proposed to be
underground;
WHEREAS, this legislative body has received an amended boundary map (the
"Amended Map ") showing and describing the amended boundary proposed for the
District, which removes most of the properties south of Mesa Drive and the two
properties not being served by the proposed undergrounding;
WHEREAS, the property owners within the District were previously informed that
they would bear no costs for the private service conversions;
WHEREAS, it has been subsequently determined that the Redevelopment
Agency ( "RDA ") will not be able to provide funds for utility hookups on private property,
and the property owners will now be responsible for their hook -up to the underground
facilities and any undergrounding on private properties;
WHEREAS, notices have been sent to all owners of property within said District,
in the manner prescribed by the Ordinance;
WHEREAS, after consideration of all protests to the amendment of said District,
the City Council has determined that public health, safety and welfare require moving
forward with the project and the amendment of the District boundaries;
NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows:
SECTION 1. The above recitals are all true and correct:
SECTION 2. The Amended Map is hereby approved and adopted. The original
map of the amended boundaries of the District and one copy thereof are to be filed in
the Office of the City Clerk.
SECTION 3. 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 service is anticipated to be September 2011. The
Public Works Director is hereby directed to send written notice to each of the affected
property owners upon commencement of construction notifying such property owners of
the date by which such property owners must be ready to receive underground
services.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Newport Beach held on the24th day of March, 2009.
ATTEST:
2
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2009 -15 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 24th day of
March, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of March, 2009.
(Seal)
City Clerk
Newport Beach, California