RESOLUTION NO. 2023- ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FORMING UNDERGROUND DISTRICT NO. 71
(OLIVE/VERMONT) AND DETERMINING SAID ACTION IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTIONS 15301(b), 15302(c),
15302(d), and 15303 OF TITLE 14 OF THE CALIFORNIA CODE
OF REGULATIONS.
WHEREAS, Chapter 17.24 of the Anaheim Municipal Code (Chapter 17.24) requires the City of Anaheim (Anaheim) to conduct a public hearing for the formation of any Underground Utility District (as defined in Chapter 17.24); and
WHEREAS, on September 27, 2023, the Anaheim Public Utilities Board (“Public Utilities Board”) held a public hearing to ascertain whether the formation of Underground District No. 71 (Olive/Vermont) will further the public health, safety, and welfare by promoting one or more of the purposes set forth in Section 17.24.020; and
WHEREAS, Public Utilities Board determined at the public hearing , in compliance with Chapter 17.24, that the formation of Underground District No. 71 (Olive/Vermont) will further the public health, safety, and welfare by promoting, among other things, the reliability of electrical and communication services for the benefit of residential and commercial customers; the reduction of outages caused by winds, storms, and accidents; and the improvement of public safety by removing potential obstacles; and
WHEREAS, notice of the time and place of such hearing was provided by the Ci ty Clerk by mail to all affected property owners as shown on the last equalized assessment roll and to all affected Utilities (as defined in Chapter 17.24) at least ten (10) days prior to the date of the hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS:
1. The Anaheim City Council (“City Council”) hereby determines that, in accordance with the California Environmental Quality Act (“CEQA”) and Title 14, Division 6, Chapter 3 of the California Code of Regulations (“CEQA Guidelines”), the formation of Underground District No. 71 (Olive/Vermont) is exempt from CEQA pursuant to sections 15301(b), 15302(c), 15302(d), and 15303 of the CEQA Guidelines because the undergrounding of facilities will replace existing overhead facilities with neglig ible expansion of capacity , and the project will involve the installation of small new structures including street lights.
2. Based on the determinations of the Public Utilities Board made at the public hearing of September 27, 2023, the City Council hereby finds and determines that the formation of Underground District No. 71 (Olive/Vermont), as depicted in Exhibit A, will further the public health, safety , and welfare by promoting, among other things, the reliability of electrical and communication services for the benefit of residential and commercial customers; the reduction of outages caused b y winds, storms, and accidents; and the removal of potential obstacles to pedestrian and vehicle visibility. Exhibit A is attached hereto and incorporated herein by reference. 2 3. Based on the determinations of the Public Utilities Board made at the public hearing of September 27, 2023, t he City Council hereby finds and determines that formation of Underground District No. 71 (Olive/Vermont) will also eliminate a heavy concentration of Overhead F acilities (as defined in Chapter 17.24) on street and road right -of-ways that are extensively used by the general public.
4. Pursuant to Section 17.24.040 of the Anaheim Municipal Code, the City Council hereby designates the area depicted in Exhibit A to be an Underground Utility District, as defined in Section 17.24.010 of the Anaheim Municipal Code, to be known as Underground Dis trict No. 71 (Olive/Vermont).
5. The City Council does hereby fix March 3 , 2025, as the date on which affected property owners must be ready to receive underground service in Underground Dist rict 71 (Olive/Vermont) and does hereby order the removal and undergrounding of all Utilities’ Overhead Facilities in this district, including property owners’ service laterals, but excepting those overhead transmission lines (e. g., 69,000 volts) noted in Exhibit A, in accordance with the provisions of Chapter 17.24, on or before July 31, 2026. Any property owners served from such Overhead Facilities shall accommodate Anaheim ’s construction and allow Anaheim ’s access in order to receive service from the Underground Facilities as soon as it is available. The City Council finds that the foregoing removal dates are reasonable given the availability of labor, materials , and equipment necessary for such removal and underground installation. The terms Overhead Facilities and Utilities have the meanings set forth in Chapter 17.24.
6. Pursuant to the provisions of Chapter 17.24 and the Electric Rates, Rules and Regulations, the City Council hereby determines that this Resolution shall apply to the Overhead Facilities of any Utility within Underground District No. 71 (Olive/Vermont) , including, but not limited to, property owners’ service laterals; 12,000 volt electric circuits and associated facilities; street light circuits; communications; telecommunication lines and associated facilities; telephone lines and associated facilities; cable television; and substructures, conduits, and cable lines in the public right-of-way; but excepting those overhead transmission lines noted in Exhibit A.
7. The City Council he reby finds and determines that formation of Underground District No. 71 (Olive/Vermont) is consistent with the City of Anaheim’s Five-Year Underground Conversion Plan that was adopted by the City Council on July 20, 2021.
8. The City Council hereby requests that all Utilities with Overhead Facilities, except those facilities noted above, in Underground Dist rict No. 71 (Olive/Vermont) underground their Overhead Facilities, including property owners’ service laterals, in accordance with the provisions of Chapter 17.24 of the Anaheim Municipal Code.
9. The Anaheim City Clerk is hereby dire cted to notify all affected U tilities and all persons owning real property in Underground Di strict No. 71 (Olive/Vermont) as provided in Section 17.24.090 of the Anaheim Municipal Code.
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3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this __________ day of _____________, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
___________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT A
UNDERGROUND DISTRICT NO. 71 (OLIVE/VERMONT)
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Exhibit A - Underground District Formation Map
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