RES-10546 Establishment of Underground Utility DistrictRESOLUTION NO. 10546
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.
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, Southern California Edison ( "SCE ") will, at its expense, replace its
existing overhead electric facilities with underground facilities along public streets and roads,
and on public lands and private property across which rights -of -way satisfactory to SCE have
been obtained, provided that the City Council has:
a. Determined, after consultation with SCE and after holding a public hearing
thereon, that such undergrounding is in the general public interest for one or
more of the following reasons:
i) Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead electric facilities;
ii) The street or road or right -of -way is extensively used by the general
public and carries a heavy volume of pedestrian or vehicular traffic;
and
iii) The street or road or right -of -way adjoins or passes through a civic
area or public recreation area or an area of unusual scenic interest to
the general public.
b. Adopted an ordinance creating an underground district in the area in which
both the existing and new facilities are and will be located requiring, among
other things, (1) that all existing overhead communication and electric
distribution facilities in such district shall be removed, (2) that each property
served from such electric overhead facilities shall have installed in accordance
with SCE's rules for underground service, all electrical facility changes on the
premises necessary to receive service from the underground facilities of SCE
as soon as it is available, and (3) authorizing SCE to discontinue its overhead
service.
WHEREAS, SCE has expressed its willingness to convert its existing overhead
distribution facilities (herein referred to as the "SCE Distribution Facilities ") to underground
locations along Maple Avenue from Glassell Street to Cypress Street, along Olive Street
from Maple Avenue to Almond Avenue, along Lemon Street from Maple Avenue to
Chapman Avenue, along Cypress Street from Maple Avenue to Chapman Avenue, and along
Almond Avenue from Glassell Street to Cypress Street, which area is 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 "), using funds allocated,
or to become available for allocation, to the City of Orange under SCE's Rule 20 -A for
undergrounding. The undergrounding of the SCE Distribution Facilities will include the
installation of pads and vaults for transformers and associated equipment, conduits, ducts,
boxes, pole bases and other related work in connection with the underground system in
accordance with SCE's specifications and the installation of no more than 100 feet of each
customer's underground electric service lateral occasioned by the undergrounding, which,
together with the SCE Distribution Facilities, will be referred to herein as the "Project "; and
WHEREAS, Chapter 12.44 of the Orange Municipal authorizes the City Council to
initiate proceedings for the creation of underground utility districts within areas of the City
within which poles, overhead wires, and associated overhead structures will be prohibited;
and
WHEREAS, Section 12.44.030 of the Orange Municipal Code authorizes the City
Council to call a public hearing 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 services to affected property
owners; and
WHEREAS, Section 12.44.030 of the Orange Municipal Code requires the City
Clerk to notify all affected property owners, as shown on the last equalized assessment roll,
and concerned utilities by mail of the time and place of such public hearing at least fifteen
15) days prior to the date thereof, and
WHEREAS, Chapter 12.44 of the Orange Municipal Code authorizes the creation of
an underground utility district by the adoption of a resolution, rather than by the adoption of
an ordinance; and
WHEREAS, this City Council desires to establish an underground utility district
within the District Boundaries, which, if established, shall be designated and known as
Underground Utility District No. 16; and
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WHEREAS, this City Council desires to set a hearing for all persons interested in the
proposed establishment of an underground utility district within the District Boundaries and
the conversion of the existing overhead electric and communication facilities and associated
structures within the District Boundaries to underground locations.
NOW, THEREFORE, the City Council resolves, 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 . A hearing for all persons interested in (a) the proposed establishment
of 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 (the "District Boundaries "), which area is
more particularly described on Exhibit A attached hereto and generally depicted on that
certain map attached hereto as Exhibit B ; and (b) the conversion of the existing overhead
electric and communication facilities and associated structures within the District Boundaries
to underground locations, shall be held on May 24, 2011 at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Council Chambers of the City of Orange located at 300 E.
Chapman Avenue, Orange, California.
Section 3 . The City Clerk is hereby authorized and directed to notify all affected
property owners as shown on the last equalized assessment roll and also to notify all utilities
affected by this proposal, by a notice through the United States mail, of the time and place of
said hearing at least fifteen (15) days prior to the date thereof.
ADOPTED this 26 day of April, 2011
ATTEST:
Mary ,Fi.. a ,City Clerk, City e
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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 of
the City of Orange at a regular meeting thereof held on the 26 day of April, 2011, by the
following vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche
NOES: COUNCILMEMBERS: Dumitru, Bilodeau
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E urp y, City Clerk, Orange
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