HomeMy WebLinkAboutRES-94-5698 Proceedings to Designate Underground Utility District 94-1 and Setting Dates for Public Meeting & Public Hearing1
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RESOLUTION NO. 94- 5 6 9 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO
DESIGNATE UNDERGROUND UTILITY DISTRICT 94-1 AND THE SETTING OF
THE DATES FOR PUBLIC MEETING AND PUBLIC HEARING THEREON.
WHEREAS, Article III of the Hermosa Beach Municipal Code provides that the City
Council may designate underground utility district for the purpose of requiring existing overhead
facilities to be replaced with underground distribution facilities; and
WHEREAS, the designation of such utility districts must be based on necessity and the
health, safety and general welfare of the community; and
WHEREAS, Section 38793 of the government Code provides that the City Council may
provide by ordinance that if any property owner, after due notice, refuses to prepare their
property for acceptance of said underground utilities, that the City can cause such work to be
done and assess the costs thereof against the property; and
WHEREAS, Section 38793 of the government Code provides that the City may cause
such an assessment to become a lien payable the same as ordinary municipal ad valorem taxes; at
WHEREAS, the City council has identified Pier Avenue from Hermosa Avenue to Pacifi
Coast Highway; Pacific Coast Highway from Artesia to Aviation; and Beach Drive from Herondo
to 24th Street as priority areas for undergrounding.
NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does
hereby resolve as follows;
Section 1. INTENT TO PROCEED
The City Council intends to proceed with the creation of the following underground utility
district;
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District 94-1: Pier Avenue from Pacific Coast Highway to Hermosa Avenue; Pacific
Coast Highway from Artesia Boulevard to Aviation Boulevard; Beach Drive from Herondo
Avenue to 24th Street.
Section 2. GENERAL PUBLIC INTEREST
The City Council will conduct a public meeting to determine whether the undergrounding
of utilities. in the.
is interest in that:
(a) undergrounding will avoid or eliminate an unusually heavy concentration of overhead
distribution facilities;
(b) the subject streets or roads or rights of way are extensively used by the general public
and carries a heavy volume of pedestrian or vehicular traffic; or
(c) the streets or roads or rights of way adjoin or pass through a civic area or public
recreation area or an area of unusual scenic interest to the general public.
Section 3. PUBLIC MEETING
The City Council shall conduct a public meeting on August 9, 1994 wherein public
testimony shall be permitted regarding the Resolution Initiating Proceedings to Form Districts.
Section 4. PUBLIC HEARING
The City Council shall conduct a public hearing on September 13, 1994 wherein public
testimony shall be permitted regarding the Resolution Creating the District and Ordering Removs
of Overhead Structures.
Section 5. PUBLIC NOTICE
Joint notice of both the public meeting and the public hearing shall be provided to each
affected property owner and utility concerned pursuant to Hermosa Beach Municipal Code
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Section 29-16 and California Government Code Section 54954.6, in addition to regular public
hearing notice requirements.
Section 6. CITY ENGINEER'S REPORT
The City Engineer shall ,prepare a Report .pursuant to Hermosa Beach Municipal code
Section 29-17 including preliminary studies and investigations concerning the feasibility of the
establishment of the subject utility district and present said Report to the City Council at the
public meeting and public hearing set forth hereunder.
Section 7. SCOPE OF PUBLIC PARTICIPATION
(a) all interested persons shall be permitted to submit oral or written testimony at the
public meeting and/or public hearing regarding the establishment of the utility district, the extent
of the area, or the furnishing of specific types of improvements or activities.
(b) .Any.protest pertaining to the irregularity or sufficiency of the public meeting or public
hearing shall be in writing and shall clearly set forth the irregularity or defect to which the
objection may be made.
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Section 8. CITY CLERK CERTIFICATION
The- City—Cluk_shall certify as to the adoption oft his resolution and shall cause the same
to be processed in the manner required by law.
PASSED, APPROVED and ADQPTED on this 12 day of July , 1994
reXident of the City ncil and
Mayor of the City of sa ach
ATTEST: APPROVED AS TO F01;UM:
o,
City Clerk City Attorney
a:tyjmures
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
Naama Valdes, Deputy - the --city
Council of the City of Hermosa Beach, California, do hereby
certify that the foregoing Resolution No. 94-5698 was duly and
regularly passed, approved and adopted by the City Council of
the City of Hermosa Beach at a Regular Meeting of said Council
at the regular place thereof on July 12, 1994.
The vote was as follows:
AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton
NOES: None
ABSTAIN: None
ABSENT: None
DATED: July 14, 1994
Jartrm'OL- -9_uc&=
Deputy City Clerk