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6416 ORDINANCE NO. 6 41 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 1.04.740 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE PUBLIC UTILITIES HEARING BOARD AND AMENDING CHAPTER 17.24 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO UNDERGROUND UTILITIES AND BASED UPON THE FINDING AND DETERMINATION THAT SAID ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2), 15060(C)(3), AND 15378 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, pursuant to the City of Anaheim's ("City") police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the City maintains an electric generation and distribution system for the furnishing of electricity to residents and businesses of the City; and WHEREAS, in 1993, the City Council by Ordinance No. 5397 added the new sub-section .080 to Section 1.04.730 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code, establishing the Public Utilities Hearing Board to, among other things, render final decisions on disputed bills for utility services; and WHEREAS, it has been discovered that a clerical error was made in eliminating Section 1.04.730.080 in Ordinance No. 6401; and WHEREAS, the City Council now desires and intends to correct that clerical error, nunc pro tunc; that is, to correct the elimination of Section 1.04.730.080 upon adoption of this Ordinance, which will have the same legal force and effect as if made at the adoption of Ordinance No. 6401 on March 21, 2017; and WHEREAS, the City Council has inherent authority to amend its ordinances under these circumstances, which will have retroactive legal effect upon the adoption of this Ordinance; and WHEREAS, in 1990, the City Council approved a City-wide Underground Conversion Program ("Program") to convert electrical and communication infrastructure located along the City's major thoroughfares from overhead to underground; and WHEREAS, the Program has been instrumental in improving electric system reliability and has beautified major roadways throughout the City; and WHEREAS, the Program provides many benefits to residents and businesses by providing new equipment that improves electric service reliability for customers served by the undergrounded circuits, as well as the aesthetic improvement of the City's major roadways and the corresponding enhancement of property values; and WHEREAS, undergrounding projects are prioritized based upon geographical diversity, coordination with other planned roadway improvements, electric reliability improvements, available funding, and overall aesthetic improvement; and WHEREAS, the City Council-approved underground utility districts require coordination with other departments and agencies that may have impacted facilities as well as property owners within the underground utility districts; and WHEREAS, on July 12, 2016, the City Council approved the development of strategies to broaden the Program; and WHEREAS, Public Utilities Department ("Department") staff reviewed and considered Program enhancements, and now recommends the expansion of the Program to include collector streets, incorporation of reliability-based projects, and an acceleration component for areas affected by development activities where developers are willing to provide underground civil structures at their expense; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") and the State of California Guidelines for Implementation of CEQA ("State CEQA Guidelines"), commencing with Section 15000 of Title 14 of the California Code of Regulations, the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15378 of Title 14 of the California Code of Regulations because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project", as that term is defined in Section 15378 of the State CEQA Guidelines; and WHEREAS, the City Council detennines that this ordinance is a valid exercise of its local police power. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS. The City Council hereby finds and determines that the above recitals are true and correct and incorporated herein. 2 SECTION 2. ENVIRONMENTAL REVIEW. The City Council hereby determines that this ordinance is not subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15378 of Title 14 of the California Code of Regulations ("State CEQA Guidelines") because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project", as that term is defined in Section 15378 of the State CEQA Guidelines. The City Council hereby directs the City Manager or designee to prepare and file a Notice of Exemption as soon as possible following adoption of this ordinance. SECTION 3. PUBLIC UTILITIES HEARING BOARD. That Section 1.04.740 be, and the same is, hereby added to Chapter 1.04 of Title 1 of the Anaheim Municipal Code to read in full as follows: "SECTIONS: 1.04.740 Public Utilities Hearing Board 1.04.740 Public Utilities Hearing Board. Establish a Public Utilities Hearing Board composed of three current members of the Public Utilities Board. Such members shall be appointed by the Chair of the Public Utilities Board and shall serve at the pleasure of the Chair. The Chair may also appoint one or more alternates to serve as needed. Alternates shall also be current members of the Public Utilities Board. The Public Utilities Hearing Board shall render final decisions on disputed bills for utility services and shall hear other such matters as may be referred by the Public Utilities Board. The Public Utilities Hearing Board shall hold hearings as may be necessary to render such decisions or hear referred matters." SECTION 4. UNDERGROUND UTILITIES. That the existing Chapter 17.24 of Title 17 of the Anaheim Municipal Code be, and the same is, hereby amended to read in full as follows: "CHAPTER 17.24 UNDERGROUND UTILITIES Sections: 17.24.010 Defmitions. 17.24.020 Purpose. 17.24.030 Unlawful acts. 17.24.040 Public hearing to consider designating Underground Utility Districts. 17.24.050 Report by the General Manager. 17.24.060 Council may designate Underground Utility Districts by resolution. 3 17.24.070 Exemptions. 17.24.080 Applications for exception. 17.24.090 Notice to property owners and Utilities. 17.24.100 Responsibilities of Utilities. 17.24.110 Responsibility of property owners. 17.24.120 Responsibilities of City. 17.24.010 DEFINITIONS. As used in this Chapter: .010 "City"means the City of Anaheim, California. .020 "Council"means the City Council of the City. .030 "Commission"means the Public Utilities Commission of the State of California. .040 "Department"means the Public Utilities Department of the City. .050 "General Manager" means the General Manager of the Department or designee. .060 "Overhead Facilities" means any poles, towers, supports, wires, cables, lines, fiber optics, conduits, conductors, guys, stubs, platforms, crossarms, braces, transformers, capacitors, insulators, cutouts, switches, communication circuits, appliances, apparatus, appurtenances, and other equipment and structures located above ground used to supply electricity or communications services in or through the City. .070 "Person" means and includes individuals, partnerships, firms, utilities, corporations, and public agencies affected by an Underground Utility District. .080 "Underground Facilities" means any concrete pads, vaults, pull boxes, conduits, cables, fiber-optics, transformers, switches, pedestal-mounted terminal boxes, meter cabinets, or concealed ducts located on or below ground in the City used to supply electricity or communications services in or through the City. .090 "Underground Utility District" or "District" means that area in the City within which Overhead Facilities are required to be removed or otherwise installed underground, as such area is described in a resolution adopted pursuant to the provisions of Section 17.24.060 of this Code. .100 "Utility" or "Utilities" includes all Persons with Underground Facilities and/or Overhead Facilities in the City. 4 .110 "Public Utilities Board" means the Public Utilities Board as described in Section 909 of the Charter of the City and Section 1.04.700 of this Code. .120 "Public Utilities Hearing Board" means the Public Utilities Hearing Board as described in Section 1.04.740 of this Code. 17.24.020 PURPOSE. To improve the reliability of electrical and communication services for the benefit of residential and commercial Utility customers, to increase property values, to enhance the aesthetic appearance of the City; to reduce the cost of tree trimming and replacement of Overhead Facilities; to reduce outages caused by winds, storms, and accidents; to reduce the risk of fires and improve public safety by removing potential obstacles in traffic accidents; and to otherwise provide for the health, safety, and welfare of the public or to protect and improve the quality of the public's urban environment, the City deems it necessary that, where feasible and within the Council's jurisdiction, all existing and future Overhead Facilities be undergrounded in or through the City. 17.24.030 UNLAWFUL ACTS. .010 It shall be unlawful for any Person to construct, install, or erect Overhead Facilities in the City of Anaheim except as otherwise provided in this Chapter. .020 Whenever the Council, by resolution, creates an Underground Utility District, it shall be unlawful for any Person to keep, maintain, continue, or replace Overhead Facilities in the District after the date such Overhead Facilities are ordered to be removed by such resolution, except as to those Overhead Facilities minimally necessary to furnish service to an owner or occupant of property prior to and during the process of undergrounding said Overhead Facilities, and except as otherwise provided for in this Chapter. 17.24.040 PUBLIC HEARING TO CONSIDER DESIGNATING UNDERGROUND UTILITY DISTRICTS. A public hearing shall be held to ascertain if the creation of an Underground Utility District will further the public health, safety, and welfare by promoting one or more of the purposes set forth in Section 17.24.020 of this Chapter. The Council may propose any part or parts of the City as a single District or as multiple Districts. The City Clerk shall notify all affected property owners within the proposed District or Districts, as shown on the last equalized assessment roll, and all affected Persons having Overhead Facilities present within the proposed District or Districts by mail or other approved method of the date, time, and place of any such hearing at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all Persons interested shall be given an opportunity to be heard. 17.24.050 REPORT BY THE GENERAL MANAGER. Prior to holding any public hearing pursuant to Section 17.24.040 of this Chapter, the General Manager shall notify all affected Utilities and shall prepare a report for submission at such hearing containing, among other information, the roadway limits, justification for 5 recommending District formation, estimated costs and schedule, and identification of any exemptions. 17.24.060 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. If, after any such public hearing the Council determines that the creation of an Underground Utility District will further the public health, safety, and welfare by promoting one or more of the purposes set forth in Section 17.24.020 of this Chapter, the Council shall, by resolution, designate the proposed area of an Underground Utility District and order the removal and underground installation of existing Overhead Facilities within that District, except as otherwise provided in this Chapter. Such resolution shall include a description of the area comprising such District; a determination as to whether the undergrounding will avoid or eliminate a heavy concentration of Overhead Facilities; whether the street, road, or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; whether the street, road, or right-of-way adjoins a civic area or public recreation area or an area of unusual scenic interest to the general public; whether said street, road, or right-of-way is considered an arterial or collector road as defined in the City of Anaheim General Plan's Circulation Element or similar or successor source; or whether the undergrounding will reduce fire risk and/or enhance electric service reliability. The decision of the Council shall be final and conclusive. 17.24.070 EXEMPTIONS. This Chapter and any resolution adopted pursuant to Section 17.24.060 of this Chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities: .010 Poles used for street lighting, traffic signals, or other types of traffic management; .020 Overhead wires attached to the exterior surfaces of a building by means of a bracket or other fixture and extending on one location of the building to another location on the same building or to an adjacent building without crossing any public street; .030 Overhead Facilities determined, in writing, by the Commission or other agency having regional, state, or federal jurisdiction to be exempt from undergrounding at the Utility's cost; .040 Surface-mounted Underground Facilities; .050 Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects; or .060 Repair, replacement, improvement, modernization, or upgrading of existing Overhead Facilities not within an Underground District created pursuant to Section 17.24.060 and only where such repair, replacement, improvement, modernization, or upgrading does not change the location or character of such Overhead Facilities. 6 17.24.080 APPLICATIONS FOR EXCEPTION. .010 Emergency Exception. Notwithstanding the provisions of this Chapter, the General Manager may grant special permission to any Person, on such terms as the General Manager may deem appropriate, in the case of emergency or unusual circumstances, to erect temporary Overhead Facilities so long as the subject Overhead Facilities will not adversely impact public health, safety, and welfare. .020 Appeals. The applicant aggrieved or affected by the determination of the General Manager with respect to the granting, denial, or conditional approval of an exception under Section 17.24.080 of this Chapter may appeal the decision to the Public Utilities Hearing Board. An appeal shall be in writing and shall be filed with the Public Utilities Hearing Board within ten days after the mailing of a notice of decision by the General Manager. The appeal shall state the grounds therefor. The Public Utilities Hearing Board shall consider the appeal within forty-five days following the filing of the appeal, unless on the date set for such consideration, the Public Utilities Hearing Board, for cause or at the request of the applicant, continues the matter. The Public Utilities Hearing Board may reverse, or wholly or partly affirm, or may modify the decision of the General Manager, and may make such decisions or may impose such conditions as the facts warrant with respect to the appeal. The decision of the Public Utilities Hearing Board shall be final. Notice of the Public Utilities Hearing Board's decision shall be mailed to the applicant. 17.24.090 NOTICE TO PROPERTY OWNERS AND UTILITIES. Within ten days after the effective date of a resolution adopted pursuant to Section 17.24.060, the City Clerk shall notify all affected Persons, including those owning real property, within the District created by the resolution of the adoption thereof Notification by the City Clerk shall be made by mailing, or other approved method, a copy of the resolution adopted pursuant to Section 17.24.060 together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected Persons. 17.24.100 RESPONSIBILITIES OF UTILITIES. .010 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. Notwithstanding the foregoing, with respect to Overhead Facilities located on private property (within an Underground Utility District) for which the City has issued a discretionary development permit that is conditioned, among other things, upon removal of such Overhead Facilities, the Utility and the owner of the private property shall be jointly and severally responsible for the demolition, alteration, or construction (including the supply of materials and equipment) necessary to comply with the provisions of this Chapter. 7 .020 Underground construction by any Person shall be accomplished in accordance with established construction standards, including those adopted by the Department, and in accordance with any applicable standards and federal, state, and local codes and regulations pertaining to underground construction and installation standards and shall be completed within the timeframe for removal of Overhead Facilities specified in or established pursuant to this Chapter or resolution. 17.24.110 RESPONSIBILITY OF PROPERTY OWNERS. Every Person owning, leasing, occupying, or renting a building or structure within a District created pursuant to 17.24.060 shall construct or accommodate construction and access by Utilities, as applicable, and provide that portion of the service connection on the Person's property between the facilities referred to in Section 17.24.050 and the termination facilities on or within the building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective Utility that pertain to service connections and are on file with the Commission or are approved by the Council. 17.24.120 RESPONSIBILITIES OF CITY. .010 City shall, at its own expense, remove City-owned Overhead Facilities within an Underground Utility District as determined by resolution. .020 Department shall administer the Underground Conversion Program funds until such time that the Council terminates the Underground Conversion Program. .030 Department shall implement the Underground Conversion Program in accordance with Rule No. 20 of its Electric Rates, Rules and Regulations, as approved by the Council. .040 Department shall coordinate the placement of surface-mounted equipment with affected private property owners, and shall provide equipment screening alternatives to minimize visual impacts to the property or parcel. .050 Department shall coordinate a public utility easement in accordance with its Electric Rules, Rates and Regulations where new Underground Facilities are placed on private property. .060 Department shall coordinate with other Utilities to facilitate removal of Overhead Facilities in a timely manner." SECTION 5. SEVERABILITY. The City Council hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each 8 section, subdivision, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 6. SAVINGS CLAUSE; CONTINUITY. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 7. PRIOR UNDERGROUND UTILITY DISTRICTS. The formation or existence of an underground utility district pursuant to Chapter 17.24 prior to the effective date of this ordinance shall not be affected hereby. SECTION 8. CERTIFICATION; PUBLICATION BY CLERK. The Anaheim Acting City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 9. EFFECTIVE DATE. This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. 9 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 25thday of - July= , 2017, and thereafter passed and adopted at a regular meeting of said City Council held on the 1 5th day of August , 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt,Murray,Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: ACTING CITY CLE K OF THE CITY OF ANAHEIM 13434/117978 10 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6416 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of July, 2017, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of August, 2017, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of August, 2017. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 24, 2017 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: August 24, 2017 szz___� Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE N0: 6416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 1.04.740 TO CHAPTER 1.0405 TITLE I OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE PUBLIC UTILITIES HEARING BOARD AND AMENDING CHAPTER 17.24 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO UNDERGROUND UTILITIES AND BASED UPON THE FINDING AND DETERMI NATION THAT SAID ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(6)t2),15060(C) (3), AND 15378 OF TITLE 14 OF THE CALI FORNIA CODE Of REGULATIONS. This ordinance adds Section 1.04.740 (Public Utilities Hearing Board) to Chapter 1.04 (Officers and Departments; City Boards and Commis- sions) of Title 1 (Administration) of the Anaheim Municipal Code (AMC) for the purpose of correcting a clerical error that was made in Ordinance No. 6401 which eliminated Section 1.04.730.080 concerning the Public Utilities Hearing Board. This ordinance also amends Chapter 17.24 (Underground Utilities) of Title 17 (Land Development and Resources) of the AMC for the purpose of expanding the scope of eligible undergrounding projects to include roadways that fall under the designation of arterial or collector within the City of Anaheim General Plan's Circulation Element; eliminating penalty and lien provisions for property owners; and enhancing the scope of the City of Anaheim responsibilities. ' I, Theresa Bass, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6416, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 25th day of July, 2017 and was duly passed and adopted at a regular meeting of said Council on the 15th day of August, 2017 by the following roll call vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring and Faessel NOES: None ABSENT: None lAWAIN: None The above summary is a brief description of the subject matter con- tained in the text of Ordinance No. 6416, which has been prepared pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. 13434/117478/124226 Publish: Anaheim Rulietin AWgvst 24, 201710487312 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6416 and was published in the Anaheim Bulletin on the 24TH day of August,2017. ACTING bTY CLERK OF THE CITY OF ANAHEIM (SEAL)