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HomeMy WebLinkAboutCC Res 5690 2008-03-10 RESOLUTION NUMBER 5690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING AND DESIGNATING AN UNDERGROUND UTILITY DISTRICT ON BEVERLY MANOR ROAD BETWEEN SEAL BEACH BOULEVARD AND 405 FREEWAY I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Pursuant to Seal Beach Municipal Code Section 9.55.010, the Seal Beach City Council scheduled a public hearing for March 10, 2008 to ascertain whether the public health, safety or welfare requires removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service to the public right of way on Beverly Manor Road between 405 Freeway and Seal Beach Boulevard. Section 2. The City duly provided notice of the public hearing and proposed action to all affected property owners and affected utilities in full compliance with applicable law. Section 3. On March 1 0~;200e, the City Council conducted a duly noticed public hearing and provided an opportunity for all persons to be heard on whether the City should designate an underground utility district for Beverly Manor Road between Seal Beach Boulevard and the 405 Freeway. I Section 4. Based upon the evidence presented at the public hearing, the City Council hereby finds and determines: A. The proposed undergrounding will avoid or eliminate an unusually heavy concentration of overhead transmission facilities. B. Beverly Manor Road and adjacent streets and avenues are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffiC. Section 5. Based upon the foregoing, the City Council hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication and similar or associated service, within the area of the public right-of-way on Beverly Manor Road between Seal Beach Boulevard and 405 Freeway, more particularly described on Exhibit A, attached hereto and incorporated by this reference. Section 6. The City Council hereby establishes and designates the area described on Exhibit A as the Beverly Manor Road Underground Utility District 08-1 ("District"). I Section 7. The Council hereby directs that all poles, overhead wires and associated overhead structures be removed and underground installations installed in the District no later than December 31, 2011, at which time all affected property owners must be ready to receive underground service. Section 8. The Council hereby directs the City Clerk to mail a copy hereof and a copy of Seal Beach Municipal Chapter 9.55 to each affected property owner and utility within 10 days after the effective date of this resolution, in accordance with SBMC ~ 9.55.015C. Resolution Number 5690 FAILED TO BE ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 10th day of March , 2008 by the following vote:, AYES: Councilmember ~~ / ,~. NOES: Councilmember _fJ/YI t1J.:; I ~ ~4>rJbPm ~f ~ L2_E Mayor I ABSENT: Councilmember ABSTAIN: Council member ATtES:: ~. ~vt~ u~ ity Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5690 on file in the office of the City Clerk, failed to be adopted by the City Council of the City of Seal Beach at a regular meeting held on the 10th day of March , 2008. I ~~ [;~ ity Clerk I