HomeMy WebLinkAbout2005-34 - Underground Utilities District 19 - Santa Ana HeightsRESOLUTION NO. 2005 - 34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING UNDERGROUND
UTILITIES DISTRICT 19 (SANTA ANA HEIGHTS — MESA
DRIVE, CYPRESS STREET AND PORTION OF ORCHARD
DRIVE) AND ORDERING THE REMOVAL OF POLES,
OVERHEAD WIRES, AND ASSOCIATED OVERHEAD
SERVICES WITHIN THAT AREA OF THE CITY LOCATED
WITHIN SAID DISTRICT
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport
Beach Municipal Code, 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, or similar services;
and
WHEREAS, on the April 26, 2005 the City Council took action to set a
public hearing for the 14th of June 2005, at 7:00 P.M. for the purpose of determining
whether an underground utilities district should be established within that certain territory
referred to as Underground Utilities District No. 19 (Santa Ana Heights Mesa Drive,
Cypress Street and a portion of Orchard Drive) which is hereinafter described; and
WHEREAS, notices have been sent to all owners of property within said
underground utilities district, in the manner prescribed by said Chapter 15.32 of the
Newport Beach Municipal Code; and
WHEREAS, after consideration of all protests to the formation of said
Underground Utilities District No. 19, the City Council has determined that public health,
safety and welfare require the formation of said District:
NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND
ORDERS:
1. The public necessity, health, safety and welfare require the removal of
poles, overhead wires and associated overhead structures used to supply electric and
telephone service 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, described as a whole as follows:
Mesa Drive, Cypress Street, and Orchard Street — right -of -way including
properties that are adjacent to these rights -of -way.
For reference, the boundary line of the land described above is shown on
City of Newport Beach Drawing No. SD- 5067 -S, on file in the office of the
Public Works Department.
The City Council further finds that:
2. (A) Mesa Drive, Cypress Street and Orchard Drive along which the
work is to be performed are extensively used by the general public and carries a heavy
volume of pedestrian, equestrian and vehicular traffic; and
(B) Cypress Street and Mesa Drive lead to a public recreation area
and passes through an area of unusual scenic interest to the general public.
3. The above - described area is hereby declared to be an underground
utilities district, to be known as Underground Utilities District No. 19, and the affected
utility companies and property owners are ordered to cause the required removal and
underground installation work to be done.
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 service is October 1, 2008.
5. The City Clerk is directed to notify all affected utility companies and
all persons owning property within said District of the adoption of this resolution within ten
(10) days after its effective date, in accordance with Section 15.32.080 of the Newport
Beach Municipal Code.
ADOPTED this 14 day of June, 2005.
ATTEST:
i
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2005 -34 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
14th day of June 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of June 2005.
(Seal;
City Clerk
Newport Beach, California