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RES-10562 Establishing Underground Utility DistrictRESOLUTION NO. 10562 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE (1) ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG MAPLE AVENUE FROM GLASSELL STREET TO CYPRESS STREET, OLIVE STREET FROM MAPLE AVENUE TO ALMOND AVENUE, LEMON STREET FROM MAPLE AVENUE TO CHAPMAN AVENUE, CYPRESS STREET FROM MAPLE AVENUE TO CHAPMAN AVENUE, AND ALMOND AVENUE FROM GLASSELL STREET TO CYPRESS STREET; AND (2) AUTHORIZING THE CONVERSION OF THE EXISTING OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES AND ASSOCIATED STRUCTURES TO UNDERGROUND LOCATIONS. WHEREAS, the City of Orange (the "City ") is a municipal corporation exercising governmental functions and powers and organized and existing under the laws of the State of California; and WHEREAS, on April 26, 2011, the City Council of the City of Orange adopted its Resolution No. 10546 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING ITS INTENTION TO: (1) ESTABLISH AN UNDERGROUND UTILITY DISTRICT ALONG MAPLE AVENUE FROM GLASSELL STREET TO CYPRESS STREET, OLIVE STREET FROM MAPLE AVENUE TO ALMOND AVENUE, LEMON STREET FROM MAPLE AVENUE TO CHAPMAN AVENUE, CYPRESS STREET FROM MAPLE AVENUE TO CHAPMAN AVENUE, AND ALMOND AVENUE FROM GLASSELL STREET TO CYPRESS STREET; (2) AUTHORIZE THE CONVERSION OF THE EXISTING OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES AND ASSOCIATED STRUCTURES TO UNDERGROUND LOCATIONS; AND (3) SET THE TIME AND PLACE FOR A PUBLIC HEARING THEREON" (the "Resolution of Intention "), stating its intention to form the City of Orange Underground Utility District No. 16 (the "District ") pursuant to Chapter 12.44 of the Orange Municipal Code (herein referred to as the "Law "); and WHEREAS, the boundaries of the District are more particularly described on Exhibit A attached hereto and generally depicted on that certain map attached hereto as Exhibit B (herein referred to as the "District Boundaries "); and WHEREAS, the City Engineer has consulted with Southern California Edison SCE ") regarding SCE's willingness to convert its existing overhead distribution facilities herein referred to as the "SCE Distribution Facilities ") to underground locations within the District Boundaries; and WHEREAS, SCE has expressed its willingness to convert the SCE Distribution Facilities to underground locations within the District Boundaries using funds allocated, or to become available for allocation, to the City of Orange under SCE's Rule 20 -A for undergrounding; and WHEREAS, pursuant to the Law, the City Engineer has consulted with all persons or entities ( "Utilities ") supplying electric, communication or similar or associated service by means of electric materials or devices within the District Boundaries and has prepared a report (the "Engineer's Report"), a copy of which is on file with the City Clerk, which includes, among other information, the extent of such Utilities' participation, estimates of the total costs to the City and affected property owners for the establishment of an underground utility district and the removal and underground installation of poles, overhead wires and associated overhead structures within the District Boundaries, and an estimate of the time required to complete such underground installation and removal of overhead facilities; and WHEREAS, as the "lead agency" under the California Environmental Quality Act California Public Resources Code Section 21000 et seq.: "CEQA "), this City Council finds and determines that the establishment of an underground utility district within the District Boundaries and the removal and underground installation of poles, overhead wires and associated overhead structures within the District (herein referred to as the "Project ") is within that class of projects under Section 15302 of the State CEQA Guidelines which consist of the conversion of the overhead electric utility distribution system facilities to underground, including connection to existing overhead electric utility distribution lines, where the new structures will have the same purpose and capacity as the structures replaced and the surface will be restored to the condition existing prior to the undergrounding, and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Resolution of Intention called for a public hearing on the Project to be held on May 24, 2011, and on this date this City Council held the public hearing as required by the Law and the Resolution of Intention relative to the proposed Project; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the Project were heard and a full and fair hearing was held, and this City Council at the conclusion of the hearing was fully advised regarding the Project; and WHEREAS, the City Council has duly considered all of the terms and conditions of the Engineer's Report presented to it and any testimony received at the meeting at which this matter was considered and finds and determines that: i) the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within the District Boundaries and the underground installation of wires and facilities for supplying electric, communication or similar or associated services to affected property owners, and has received evidence concerning the public benefits therefrom; 2 ii) such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; iii) the streets or roads or rights -of -way located within the District Boundaries is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and iv) the establishment of Underground Utility District No. 16 is in accord with the public purposes and provisions of applicable State and local law requirements. NOW, THEREFORE, the City Council of the City of Orange hereby finds, determines, resolves and orders, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: Section 1 . The foregoing recitals are true and correct. Section 2 . The City Council finds and determines that the Project is exempt from the provisions of CEQA under Section 15302(d) of the State CEQA Guidelines and, accordingly, hereby authorizes and directs the City Clerk to file a Notice of Exemption with the Orange County Clerk. Section 3 . All prior proceedings taken by this City Council in connection with the Project have been duly considered and are hereby found and determined to be valid and in conformity with the Law. Section 4 . The underground utility district designated "City of Orange Underground Utility District No. 16" is hereby established pursuant to the Law. Section 5 . The boundaries of the City of Orange Underground Utility District No. 16, as described in the Resolution of Intention and more particularly described on Exhibit A attached hereto and on the boundary map described on Exhibit B attached hereto, are hereby approved, are incorporated herein by this reference, and shall be the boundaries of tl•,e City of Orange Underground Utility District No. 16. Section 6 . That the City Council does hereby order the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for carrying electric, communication or similar or associated service to be completed within the District in accordance with the schedule set forth in the Engineer's Report. Section 7 . The City Manager, the City Engineer and all other officers of the City are hereby authorized and directed, jointly and severally, to take such actions (including cooperating with SCE on the design of the plans for the Project, cooperation with SCE and other Utilities in connection with the underground installation of wires and facilities for supplying electric, communication or similar or associated services to affected property owners, coordination with SCE and other Utilities and all affected property owners for the 3 discontinuance of overhead service) and execute and deliver any and all documents and instruments which they may deem necessary or proper to effectuate the purposes of this Resolution and each document approved hereby, and any such actions previously taken by such officers are hereby ratified, confirmed and approved. Section 8 . Within ten (10) days after the effective date of this Resolution, the City Clerk is authorized and directed to notify SCE and all other affected Utilities and all persons owning real property within the District of the adoption of this Resolution by mailing a copy of this Resolution, together with a copy of Chapter 12.44 of the Orange Municipal Code, to SCE and all other affected Utilities and to all affected property owners, as such property owners are shown on the last equalized assessment roll. Section 9 . If SCE does not agree to do so on behalf of the City, the City Engineer is authorized and directed on behalf of the City Clerk to notify all affected property owners prior to the time of conversion and discontinuance of overhead service 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 California Public Utilities Commission. ADOPTED this 14 day of June, 2011 lyn )q. Cavoche, Mayor, City of Orange ATTEST: Mary E. ity Cler , City of qRaNe I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council oftheCityofOrangeataregularmeetingthereofheldonthe14dayofJune, 2011, by the following vote: AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche NOES:COUNCILMEMBERS:Dumitru, Bilodeau ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. City Clerk f Orange 5