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CITY COUNCIL AGENDA REPORT
City of Anaheim
PUBLIC UTILITIES DEPARTMENT
DATE: OCTOBER 8, 2024
FROM: PUBLIC UTILITIES DEPARTMENT
SUBJECT: ORDINANCE AMENDING ANAHEIM MUNICIPAL CODE
CHAPTER 17.24 ESTABLISHING A TIMELINE, DECLARING A
PUBLIC NUISANCE, AND AUTHORIZING ENFORCEMENT AND
PENALTIES ASSOCIATED WITH THE REMOVAL OF
OVERHEARD TELECOMMUNICATION FACILITIES WITHIN
UNDERGROUND UTILITY DISTRICTS
ATTACHMENT (Y/N): YES ITEM # 20
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Ordinance:
1. Amend Chapter 17.24 of the Anaheim Municipal Code (AMC) establishing timelines, declaring a public nuisance, and authorizing enforcement and penalties associated with the removal of overhead facilities within Underground Utility Districts; and
2. Determine that amendments to Chapter 17.24 of the AMC are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3), 15378, 15301, 15302, 15303, and 15304 of Title 14 of the California Code of Regulations (CCR).
DISCUSSION:
At its meeting on September 25, 2024, the Public Utilities Board reviewed public comments submitted by AT&T and Charter, and subsequently recommended that the City Council approve these actions.
On July 23, 2024, at the request of Council Member Meeks, Anaheim Public Utilities (APU) provided background information regarding the duration that telecommunication companies remain on utility poles that are part of undergrounding projects. Telecommunication companies have averaged 2.4 years to remove their overhead facilities following the completion of civil construction on the ten most recent projects where electric overhead facilities have been undergrounded. City Council then directed staff to draft a policy associated with the removal of overhead telecommunication facilities within Underground Utility Districts and that the policy be reviewed by the Public Utilities Board before being considered by City Council.
Staff’s recommendations are included in the proposed Ordinance (Attachments 1 and 2) amending AMC Chapter 17.24 – Underground Utilities, which establishes the process of Ordinance Amending Anaheim Municipal Code Chapter 17.24 Establishing a Timeline, Declaring a Public Nuisance, and Authorizing Enforcement and Penalties Associated with the Removal of Overheard Telecommunication Facilities within Underground Utility Districts
October 8, 2024
designating boundaries of Underground Utility Districts by resolution. Such resolutions require telecommunication companies to work with APU to underground overhead facilities within the project limits. Currently, Section 17.24.100.010 states that, “Any Person with Overhead Facilities in or through the City shall at its own expense and in a timely manner complete any demolition, alteration, or construction necessary and supply any materials and equipment needed to comply with the provisions of this Chapter.” The phrase “in a timely manner” does not establish a specific timeframe for telecommunication companies who are jointly attached to utility poles to remove their overhead facilities following the completion of civil construction. The proposed amendments to Chapter 17.24 establish twelve months as a specific timeline for compliance, restate the City’s existing authority to address code violations as misdemeanors and civil citations, and, by declaring a public nuisance, allow nuisance abatement as an avenue for correcting violations.
After the City’s electrical lines have been undergrounded, utility poles cannot be removed because the poles still have active overhead facilities owned and operated by telecommunication companies. As a result, benefits of undergrounding are not realized due to utility poles remaining in place. These include roadway visibility and aesthetic improvements along major roadways. In addition, after the City’s overhead facilities are undergrounded, APU no longer inspects or maintains these utility poles. Because utility poles that are not subject to City inspection or maintenance may degrade and present a potential hazard to the health, safety, and welfare of the general public in the vicinity of these utility poles, the proposed amendment declares those poles a public nuisance and authorizes nuisance abatement consistent with the process established by AMC Chapter
6.44 – Nuisances.
The proposed amendments include a two-step approach associated with telecommunication removals and establishes a specific timeframe of twelve months upon completion of civil construction. Section 17.24.100.040 includes the first step, which provides financial incentives in the form of forgiving the proportional costs for utility pole removals and roadway restoration if removals are completed within twelve months.
This is intended to encourage private corporations to assign resources and prioritize removals appropriately, while furthering the purposes stated in Chapter 17.24 regarding the benefits of undergrounding utilities in the City of Anaheim. APU would be responsible for paying the associated proportional costs for utility pole removals and roadway restoration, which may add approximately 2-3% to its project costs.
Section 17.24.100.050 includes the second step, which establishes a violation if a telecommunications company fails to remove their lines within twelve months. In such cases, telecommunication companies will be responsible for their proportional costs of removing utility poles and roadway restoration. The City may pursue enforcement through civil citations, criminal prosecution as a misdemeanor, and nuisance abatement, as well as any other remedies allowed by law.
If the City chooses enforcement through civil citations, the City would issue a Notice of Violation, subject to the standard process of addressing AMC violations outlined in Chapter 1.20 – Civil Citations. The financial penalty structure will be applied until such Ordinance Amending Anaheim Municipal Code Chapter 17.24 Establishing a Timeline, Declaring a Public Nuisance, and Authorizing Enforcement and Penalties Associated with the Removal of Overheard Telecommunication Facilities within Underground Utility Districts
October 8, 2024
time that the removals are complete. The penalties are described in Section 17.24.030, as follows:
First offense: a two -hundred-dollar ($200) fine for each day; Second offense: a five-hundred-dollar ($500) fine for each day; Third and subsequent offenses: a one-thousand-dollar ($1,000) fine for each day.
Notices of Violations shall be issued through the Planning and Building Department’s Code Enforcement Division in consultation with APU. Chapter 1.20 includes established processes for persons receiving civil citations to request reviews or appeals. Processes include administrative reviews by the City and judicial reviews through the court system.
The initial implementation takes into account that there are four existing Underground Utility Districts with a substantial amount of overhead facilities owned by telecommunication companies that have not yet been removed. These include the following projects: (1) Dale Avenue from Crescent Avenue to Ball Road, (2) Orangewood Avenue from Eugene Street to Lewis Street, (3) Santa Ana Canyon Road from Lakeview Avenue to Imperial Highway, and (4) Sycamore Street from East Street to Anaheim Boulevard. If the proposed Ordinance is adopted by City Council, the City will issue a Notice of Violation at the effective date and will consider a grace period of six months to complete their scope of work on these outstanding projects.
The full effect of the Ordinance would apply going forward, including projects currently in civil construction: (1) Beach Boulevard from north of Lincoln Avenue to south of Ball Road, and (2) Cerritos Avenue from Nutwood Street to Euclid Street and along Nutwood Street from Ball Road to Katella Avenue.
The proposed Ordinance supports multiple goals in the 2023-24 Strategic Plan. These include Goal B – Enhance Livability, Strategy 1 – Address neighborhood and commercial blight, and Goal C – Invest in Infrastructure and Amenities, Strategy 4 - Improve, enhance, beautify, and maintain major street corridors.
ENVIRONMENTAL DETERMINATION:
APU recommends that City Council determine that the amendments to Chapter 17.24 of the AMC are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3), 15378, 15301, 15302, 15303, and 15304 of Title 14 of the California Code of Regulations.
IMPACT ON BUDGET:
There are sufficient funds in APU’s Fiscal Year 2024/25 Electric Utility budget.
Additional costs to support the Ordinance in future years shall be included as part of the annual Electric Utility Capital Improvement Program.
Ordinance Amending Anaheim Municipal Code Chapter 17.24 Establishing a Timeline, Declaring a Public Nuisance, and Authorizing Enforcement and Penalties Associated with the Removal of Overheard Telecommunication Facilities within Underground Utility Districts
October 8, 2024
Respectfully submitted, Concurred by,
Dukku Lee Ted White
Public Utilities General Manager Deputy City Manager / Director of Planning & Building
Attachments:
1. Ordinance Amending AMC Chapter 17.24
2. Proposed Amendments to AMC Chapter 17.24 (redline)