HomeMy WebLinkAbout2021-32 - Adams Ave. UUDRESOLUTION NO.2021-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 22, ON
ADAMS AVENUE FROM ALBATROSS DRIVE TO APPROXIMATELY 500 FEET
WEST OF MESA VERDE DRIVE EAST
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the California Public Utilities Commission (CPUC) has authorized
electronic and telecommunications utilities to convert overhead utility lines and facilities
to underground facilities pursuant to Electric Rule 20 and Telecommunications Rule 32;
and
WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and
counties to establish legislation authorizing the creation of underground utility districts
within which existing overhead electric and telecommunication distribution and service
facilities will be converted to underground; and
WHEREAS, the City of Costa Mesa adopted an ordinance, codified in Chapter VI
(Underground Utility Districts) of Title 15 (Public Works) of the Costa Mesa Municipal
Code, authorizing the City Council, following a public hearing, to declare designated areas
of the City as underground utility districts and order removal of poles, overhead wires and
associated overhead structures and the underground installation of wires and facilities for
supplying electric, communication or similar or associated service; and
WHEREAS, each year, Southern California Edison Company (SCE) notifies the
City regarding the allocation of work credits for conversion of overhead electric distribution
lines and facilities to underground, known as Rule 20A allocations; and
WHEREAS, the City is currently in the design phase of the Adams Avenue
Improvements Project, and has consulted with SCE regarding the undergrounding of
overhead electric distribution lines and facilities within the boundaries of the proposed
Underground Utility District No. 22, on Adams Avenue from Albatross Drive to
approximately 500 feet west of Mesa Verde Drive East, as more particularly described
and depicted in Exhibits "A" and "B," both attached hereto and incorporated herein, in
connection with such project; and
Resolution No. 2021-32 Page 1 of 5
WHEREAS, prior to SCE initiating design on the utility undergrounding project,
SCE requires the City to submit a City Council resolution establishing the boundaries of
the underground utility district; and
WHEREAS, on September 7, 2021, the City Council held a duly noticed public
hearing pursuant to Costa Mesa Municipal Code section 15-154 for the purpose of
ascertaining whether the public necessity, health, safety or welfare require the removal
of poles, overhead wires and associated overhead structures within the proposed
Underground Utility District No. 22 and the underground installation of wires and facilities
for supplying electric, communication or similar or associated service; and
WHEREAS, the City Clerk notified all affected property owners as shown on the
last equalized assessment roll and the affected utilities concerned, by mail, of the time
and place of such public hearing at least ten (10) days prior to the date thereof pursuant
to Section 15-154 of the Costa Mesa Municipal Code; and
WHEREAS, at the public hearing, all interested persons were given the opportunity
to be heard; and
WHEREAS, at the public hearing, the City Engineer submitted a report containing
the extent of all affected utilities' participation, estimates of the total costs to the City and
affected property owners, and an estimate of the time required to complete the
underground installation and removal of the overhead facilities; and
WHEREAS, following the public hearing, the City Council has found that the public
necessity, health, safety or welfare requires the removal of overhead facilities and
underground installation of such facilities within the boundaries of the proposed
Underground Utility District No. 22, and desires to declare such area as an underground
utility district.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa that:
1. Pursuant to Chapter VI of Title 15 of the Costa Mesa Municipal Code, the
City Council finds that the public necessity, health, safety or welfare requires the removal
of overhead facilities and underground installation of such facilities within the boundaries
of the area on Adams Avenue from Albatross Drive to approximately 500 feet west of
Mesa Verde Drive East, as further described and depicted in Exhibits "A" and "B," and
Resolution No. 2021-32 Page 2 of 5
declares such area as an underground utility district, which shall be referred to as
Underground Utility District No. 22 (the "District").
2. The City Council finds that, consistent with the requirements of Rule 20A,
the undergrounding of utilities within the District is in the general public interest because:
(a) The undergrounding will eliminate an unusually heavy concentration
of overhead lines; and
(b) The streets and rights -of -way in the District are extensively used by
the general public and carry a heavy volume of pedestrian and
vehicle traffic.
3. The City's Rule 20A allocation, or unused allocations purchased from other
cities, will be charged for all electrical service undergrounding in the District, including
service laterals and conversions to individual structures, and telephone providers and
cable television franchisees shall finance their own respective portions of the
undergrounding cost within the District at their own expense. Notwithstanding any
provisions of Chapter VI of Title 15 of the Costa Mesa Municipal Code to the contrary,
owners, tenants, or occupants of private property within the District shall not be
responsible for undergrounding utilities on their property, but shall give appropriate
access to utilities to undertake the undergrounding.
4. The removal and underground installation work in the District shall
commence by September 6, 2024. All affected property owners shall be ready to receive
underground service by such date. The removal and underground installation work shall
be completed by September 6, 2026.
5. In accordance with Section 15-157 of the Costa Mesa Municipal Code, the
City Council authorizes the following exceptions within the District:
a. Poles or electroliers used exclusively for streetlighting.
b. Equipment appurtenant to underground facilities, such as surface -
mounted transformers, pedestal -mounted terminal boxes and meter
cabinets, and concealed ducts.
C. Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction
projects.
Resolution No. 2021-32 Page 3 of 5
6. Pursuant to Section 15-159 of the Costa Mesa Municipal Code, within ten
(10) days from the adoption of this Resolution, the City Clerk shall notify all affected
utilities and all persons owning real property within the District regarding the adoption of
this Resolution. The City Clerk shall further notify such affected property owners of the
necessity that, if they or any person occupying such property desires to continue to
receive electric, communication, or similar associated service, they or such occupant shall
cooperate with City officials and utility contractors in order to give appropriate access to
undertake the undergrounding and provide all necessary facility changes on their
premises so as to receive such service from the lines of the supplying utility company at
a new location, subject to the applicable rules, regulations and tariffs of the respective
utility or utilities on file with the CPUC. The City Clerk shall provide such notice by mailing
a copy of this Resolution together with a copy of Chapter VI of Title 15 of the Costa Mesa
Municipal Code to affected property owners as such are shown on the last equalized
assessment role and to the affected utilities.
Resolution No. 2021-32 Page 4 of 5
PASSED AND ADOPTED this 7th day of September, 2021.
ATTEST:
ZanU- -ow
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
ohn Stephen ,
APPROVED AS TO FORM:
Kimberly all Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2021-32 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 7th day of September, 2021, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, MARK,
AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: HARPER.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of September, 2021.
Brenda Green, C y Clerk
Resolution No. 2021-32 Page 5 of 5
EXHIBIT A
LEGAL DESCRIPTION OF DISTRICT
EXHIBIT A
LEGAL DESCRIPTION OF UNDERGROUND UTILITY DISTRICT
ADAMS AVENUE
A 100' WIDE STRIP OF LAND, BEING A PORTION SECTIONS 4, 5, 8, AND 9 OF
TOWNSHIP 6 SOUTH, RANGE 10 WEST, OF SAN BERNARDINO BASE AND MERIDIAN,
IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE
CENTERLINE OF SAID STRIP OF LAND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF ADAMS AVENUE, DISTANT SOUTH
89'16'24" WEST 57.00 FEET FROM THE CENTERLINE INTERSECTION OF ALBATROSS
DRIVE AND ADAMS AVENUE PER TRACT NUMBER 5289, RECORDED IN BOOK 197,
PAGES 3 THROUGH 6, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, THENCE NORTH 89'16'24" EAST 1293.06 FEET ALONG THE CENTERLINE OF
SAID ADAMS AVENUE TO THE NORTHEAST CORNER OF SAID SECTION 8, AS SHOWN
ON TRACT NUMBER 5781, RECORDED IN BOOK 214, PAGES 11 THROUGH 13,
INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH
89'16'11" EAST 315.67 FEET ALONG THE CENTERLINE OF SAID ADAMS AVENUE TO A
POINT HEREINAFTER REFEREED TO AS "POINT A", SAID POINT ALSO BEING THE
CENTERLINE INTERSECTION OF SAID ADAMS AVENUE AND PLACENTIA AVENUE
(FORMERLY ESTANCIA DRIVE) PER TRACT NUMBER 5781, RECORDED IN BOOK 214,
PAGES 11 THROUGH 13, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY; THENCE CONTINUING NORTH 89'16'11" EAST 2572.48 FEET ALONG THE
CENTERLINE OF SAID ADAMS AVENUE TO A POINT DISTANT NORTH 89'16'11" EAST
30.00 FEET FROM THE INTERSECTION OF THE SAID CENTERLINE WITH THE
SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NUMBER 4008,
RECORDED IN BOOK 141, PAGES 18 THROUGH 24, INCLUSIVE, OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF ALBATROSS DRIVE, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF ADAMS AVENUE, DISTANT SOUTH
89'16'24" WEST 57.00 FEET FROM THE CENTERLINE INTERSECTION OF ALBATROSS
DRIVE AND ADAMS AVENUE PER TRACT NUMBER 5289, RECORDED IN BOOK 197,
PAGES 3 THROUGH 6, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, THENCE SOUTH 00'43'36" EAST 50.00 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID ADAMS AVENUE, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 17.00 FEET, A RADIAL
LINE PASSES THROUGH SAID POINT BEARING NORTH 00'43'36" WEST; THENCE
EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90'00'00" AN ARC DISTANCE OF 26.70 FEET TO A POINT ON THE WESTERLY LINE
OF SAID ALBATROSS DRIVE; THENCE NORTH 89'16'24" EAST 80.00 FEET TO A
POINT ON THE EASTERLY LINE OF SAID ALBATROSS DRIVE, SAID POINT ALSO BEING
THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY AND HAVING A
RADIUS OF 17.00 FEET, A RADIAL LINE PASSES THROUGH SAID POINT BEARING
SOUTH 89'16'24" WEST; THENCE NORTHERLY AND EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90'00'00" AN ARC DISTANCE OF 26.70 FEET TO A
POINT OF CUSP, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY LINE OF
SAID ADAMS AVENUE; THENCE SOUTH 89'16'24" WEST 114.00 FEET TO THE TRUE
POINT OF BEGINNING.
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EXHIBIT A
LEGAL DESCRIPTION OF UNDERGROUND UTILITY DISTRICT
TOGETHER WITH THAT PORTION OF SHANTAR DRIVE, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF ADAMS AVENUE, DISTANT SOUTH
89'16'24" WEST 57.00 FEET FROM THE CENTERLINE INTERSECTION OF ALBATROSS
DRIVE AND ADAMS AVENUE PER TRACT NUMBER 5289, RECORDED IN BOOK 197,
PAGES 3 THROUGH 6, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, THENCE NORTH 00'43'36" WEST 50.00 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID ADAMS AVENUE, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 17.00 FEET, A RADIAL
LINE PASSES THROUGH SAID POINT BEARING SOUTH 00'43'36" EAST; THENCE
EASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90'00'00" AN ARC DISTANCE OF 26.70 FEET TO A POINT ON THE WESTERLY LINE
OF SAID SHANTAR DRIVE; THENCE SOUTH 89'52'44" EAST 80.08 FEET TO A POINT
ON THE EASTERLY LINE OF SAID SHANTAR DRIVE, SAID POINT ALSO BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS
OF 17.00 FEET, A RADIAL LINE PASSES THROUGH SAID POINT BEARING SOUTH
85'16'36" WEST; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 86'00'12" AN ARC DISTANCE OF 25.52 FEET TO A POINT OF
CUSP, SAID POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID ADAMS
AVENUE; THENCE SOUTH 89'16'24" WEST 114.03 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH THAT PORTION OF PLACENTIA AVENUE, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREINABOVE REFERENCED "POINT A", THENCE SOUTH 00'43'49"
EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89'16'11"
EAST 70.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE PASSES
THROUGH SAID POINT BEARING NORTH 89'16'11" EAST; THENCE SOUTHERLY AND
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" AN ARC
DISTANCE OF 31.42 FEET; THENCE SOUTH 89'16'11" WEST 100.00 FEET TO A POINT
ON THE WESTERLY LINE OF SAID PLACENTIA AVENUE, SAID POINT ALSO BEING THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
20.00 FEET; THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90'00'00" AN ARC DISTANCE OF 31.42 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID ADAMS AVENUE; THENCE NORTH 89'16'11" EAST
70.00 FEET TO THE TRUE POINT OF BEGINNING.
ROSELL SURVEYING AND MAPPING, INC — www.RosellSurveying.com
f msl9
EXHIBIT A
LEGAL DESCRIPTION OF UNDERGROUND UTILITY DISTRICT
TOGETHER WITH THAT PORTION OF MESA VERDE DRIVE WEST, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREINABOVE REFERENCED "POINT A", THENCE NORTH 00-44'22"
WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89'16'11"
EAST 70.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 20.00 FEET, SAID POINT ALSO BEING A
POINT ON THE NORTHERLY LINE OF SAID ADAMS AVENUE, A RADIAL LINE PASSES
THROUGH SAID POINT BEARING NORTH 89'16'11" EAST; THENCE NORTHERLY AND
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91'21'50" AN ARC
DISTANCE OF 31.89 FEET TO A POINT ON THE EASTERLY LINE OF SAID MESA
VERDE DRIVE WEST; THENCE SOUTH 87'54'21" WEST 60.00 FEET TO A POINT ON
THE WESTERLY LINE OF SAID MESA VERDE DRIVE WEST, SAID POINT ALSO BEING
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 20.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 83'10'22" AN ARC DISTANCE OF 29.03 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID ADAMS AVENUE; THENCE NORTH 89'16'11"
EAST 59.89 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
THEREOF.
THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION.
LAND
No. 6281 -
* * DAVID T. ROSELL P.L.S. 6281
s9TF OFF- CA1.
ROSELL SURVEYING AND MAPPING, INC — www.RoseliSurveying.com SHEET 3 OF 3
EXHIBIT B
DEPICTION OF DISTRICT
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