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RES-2017-122RESOLUTION NO. 2017- 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS, WHICH DO NOT INCREASE RATES, FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2017-068 AND DETERMINING THAT SAID ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(B)(8) AND SECTIONS 15061(B)(3) AND 15273(A) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, the City of Anaheim ("Anaheim") maintains an electric generation and distribution system for the furnishing of electricity to residents and businesses of Anaheim and has adopted the Electric Rates, Rules and Regulations for the sale and distribution of electricity; and WHEREAS, the Anaheim Municipal Code authorizes the City Council of the City of Anaheim ("City Council") to approve reasonable Electric Rates, Rules and Regulations governing electric services and fees and charges for providing electric services; 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 roadways from overhead to underground; and WHEREAS, on July 12, 2016, the City Council approved 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, the Department is a publicly owned utility and continuously seeks opportunities to minimize administrative and fiscal burdens while remaining in a position to maintain service reliability consistent with high industry standards; and WHEREAS, Department staff reviewed and recommends making modifications to Rule No. 20 in order to, among other things, minimize cost burden of construction responsibility for property owners and expand the scope of eligible Underground Conversion Program projects as well as add definitions for new terms in Rule No. 1 used to support the modifications in Rule No. 20; and WHEREAS, the proposed modifications to the Electric Rates, Rules and Regulations as set forth in Attachment A and as more fully set forth in the text of each of the respective Rule Nos. 1 and 20 further the expansion of the Program; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act ("CEQA") and found that matters covered above come within Public Resources Code section 21080(b)(8) and Title 14 of the California Code of Regulations, sections 15061(b)(3) and 15273(a). Thus, the modifications of Rule Nos. 1 and 20 are exempt from CEQA; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the modifications to the Electric Rates, Rules and Regulations as reflected in Attachment A, as more fully set forth in the text of each of the respective Rule Nos. 1 and 20; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the City Council determine that the modifications to the Electric Rates, Rules and Regulations are exempt under CEQA pursuant to Public Resources Code section 21080(b)(8) and Title 14 of the California Code of Regulations, sections 15061(b)(3) and 15273(a); and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth hereinabove. NOW, THEREFORE BE IT RESOLVED by the City Council as follows: 1. The findings set forth herein are hereby adopted by the City Council. 2. The City Council hereby determines that, the modifications to Rule Nos. 1 and 20 of the Electric Rates, Rules and Regulations are exempt from CEQA pursuant to Public Resources Code section 21080(b)(8) and sections 15060(b)(3) and 15273(a) of Title 14 of the California Code of Regulations because it can be seen with certainty that the proposed modifications will not have a significant effect on the environment as the modifications incrementally broaden the Underground Conversion Program; involve language clarification; and are administrative in nature. 3. The modifications to the Electric Rates, Rules and Regulations shall be, and are hereby adopted by the City Council with Rule Nos. 1 and 20 to become effective October 1, 2017, as reflected in Attachment A and as more fully set forth in the text of each of the respective Rule Nos. 1 and 20. 4. The Anaheim Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, publish, and implement changes to the Electric Rates, Rules and Regulations as set forth herein. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of July , 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, CITY CLERK OF THE CITY OF AN 123343 Attachment A Electric Rates, Rules and Regulations Rule Nos. 1 and 20, effective October 1, 2017 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.1 Unless specifically defined below, words or phrases used in the Rates, Rules and Regulations shall be interpreted so as to give them the meaning they have in common usage and to give these Rates, Rules and Regulations their most reasonable application. Added Facilities: The facilities provided by the Utility at the request of an Applicant, which are over and above the Utility's standard facilities, including but not limited to Preferred/Emergency Service. APU: Anaheim Public Utilities. Applicant: The Person, association, corporation or governmental agency applying for electric service. Application: A request to the Utility for electric service as distinguished from an inquiry as to the availability of or charges for such electric service. Billing Demand: The load or demand used for computing charges under Rate Schedules based on the size of the Customer's load or demand. It may be the Connected Load, the measured Maximum Demand, or a modification of either as provided for by applicable Rate Schedules. Billing Period: The time interval between gathering the data used for billing purposes. City: The City of Anaheim, a municipal corporation. City Council: The City Council of the City of Anaheim, California. Class of Service: The categories of electric service established by the various electric Rate Schedules. Connected Load: The sum of the rated capacities of all of the Customer's equipment that can be connected to the Utility's lines at one time as more completely described in the Rate Schedules. (Continued) ISSUED BY: Effective: 01-01-17 by Resolution No.: 2016-197 Dated: 10-18-16 Dukku Lee Superseding Resolution No.: 2015-237 Dated: 08-18-15 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.2 Customer: The Person in whose name Utility electric service is rendered as evidenced by the contract or agreement for that service or, in the absence of a signed instrument, by the receipt of bills or Summary Bills regularly issued in his or her name regardless of the identity of the actual Person using the service. A Customer may also be a party with whom the City of Anaheim is doing business, with or without a billing relationship, or who is receiving benefit of electric service under another party's name. Data Acquisition Agent (DAA): The entity that collects Meter data associated with Customer Choice Customer usage on the Utility's behalf and provides such data to the Utility and each ESP after being validated in accordance with the requirements of the Rates, Rules and Regulations and in compliance with Independent System Operator requirements. Date of Presentation: The date upon which a bill or notice is Mailed or delivered by the Utility to the Customer. Debt Service: Cash required over a given period of time for the repayment of interest and principal on borrowed funds. Distributed Energy Resource (DER): Customer power generation and storage resources typically located on Customer Premises operated for the purpose of supplying all or a portion of the Customer electric load. DERs consist of a range of small-scale modular devices designed to provide electricity and/or thermal energy. DERs include, but are not limited to, fossil and renewable energy technologies such as photovoltaic arrays, wind turbines, micro turbines, reciprocating engines, fuel cells, combustion turbines, steam turbines, energy storage devices such as batteries and flywheels, and combined heat and power systems. Distributed Generation Resource: A source of electricity utilizing small-scale renewable power generation technologies including, but not limited to, solar panels on the roofs of buildings and small wind turbines, which provide an alternative to or an enhancement of a traditional electric power system and reduce the amount of energy lost in transmitting electricity since power is generated near where it is used. Diversion: Any activity described in California Penal Code section 498(b), as may be amended from time to time. Domestic Service: Service for residential use at a dwelling Premises. Any service for other than residential use at a dwelling Premises may be served through the Domestic Service Meter only where such nondomestic Connected Load does not exceed 300 watts for lighting or 2 hp for power. Electric Utility: The electric division of the Utility. Eligible Customer -Generator: Any Customer who uses a solar or wind turbine electrical generating facility or a hybrid system of both that is located on the Customer -generator's Premises, is interconnected and operates in parallel with the City's transmission and distribution facilities, and is intended primarily to offset part or all of the Customer - generator's own electrical requirements on the Premises. Energy Service Provider (ESP): The party that contracts with the end-use customer to provide commodity electric service. Environmental Mitigation: Measures taken to decrease the negative impacts on the natural environment resulting from activities associated with the provision of electric services, including procurement, generation, transmission, and distribution of power. General Manager: General Manager of the City of Anaheim, Public Utilities Department or a designee. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2016-197 Dated: 10-18-16 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.3 General Service: Service to any lighting or power installation except those eligible for service on single-family or multi -family domestic, lighting, time -of -use, power -agricultural, or municipal Rate Schedules. Greenhouse Gas: Any gas that absorbs and/or emits infra -red radiation in the atmosphere, including carbon dioxide, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, and hydrofluorocarbons, or as may be defined in applicable state or federal law. Independent System Operator (ISO): A California, State chartered, nonprofit public benefit corporation charged with operating the majority of California's high-voltage wholesale power grid and balancing the demand for electricity with an equal supply of megawatts. Lighting Service: Electric service to any apparatus transforming electric energy into light for all visual purposes except those specified under "Power Service". Line Extension: All facilities required to extend electric service from the Utility's existing permanent facilities to the Point of Delivery. Load Factor: The actual energy consumed divided by the peak electric demand multiplied by the total hours of consumption. Mailed: Any notice or other communication will be considered "mailed" when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office Box, postage prepaid. Maximum Demand: The average kilowatts during the specified time interval when the Customer's use is greatest in the Billing Period as indicated or recorded by the Utility's Meter. Meter: The instrument used for measuring the amount of electricity delivered to a Customer. Month: A thirty -day period. Multi -family Accommodation: An apartment building, duplex, mobilehome park, court group, or any other group of Residential Units located upon a single Premises, providing the Residential Units therein meet the requirements for a Single -Family Accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts, consisting primarily of guest rooms and/or transient accommodations, are not classed as Multi -family Accommodations. Municipal Service: Electric services supplied to City of Anaheim departments. Nominal Voltage: The nominal voltage of a circuit is the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific nominal voltage, the operating voltage actually existing at various points and at various times on the system is subject to normal distribution variation. Overhead Facilities: 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. Participating Apartment Owner: An apartment owner who has signed an agreement with the City of Anaheim to participate in a plan whereby Utility service at his various units will automatically be established in his name as they become vacant. Permanent Service: Electric service which, in the opinion of the Utility, is of a permanent and established character. This service may be continuous, intermittent, or seasonal in nature. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2016-197 Dated: 10-18-16 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.4 Person: Any individual, partnership, corporation, public agency, or other organization operating as a single entity Point of Delivery: The point as determined by the Utility where conductors of the Utility are connected to the conductors of the Customer, regardless of the location of the Utility's Meters, interconnection point or transformers. Utility conductors may be owned, leased, or under license by the Utility, and the conductors of the Customer may be owned, leased, or under license by the Customer. Power Factor: The ratio of the revenue producing current in a circuit to the total current in that circuit. In terms of power quantities, Power Factor is the ratio of kw (real power) to the total kva (total power). Power Service: Electric service to apparatus or equipment used for purposes other than lighting shall be considered as Power Service. Lamps or lights used for purposes which, in the opinion of the Utility, are not general illumination purposes are classed as Power Service. Preferred/Emergency Service: Added Facilities required to provide redundant service from an alternate Utility source, and the equipment to transfer load from a preferred or normal source to an emergency or backup source. Premises: All of the real property and apparatus employed in a Single Enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or Quasi -public Institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a Single Enterprise may be separated by an alley from the remainder of the Premises served. Public Utilities Board: The Public Utilities Board as described in Charter Section 909 and Section 1.04.700 of the Anaheim Municipal Code. Pull Box: An enclosure for joining conductors which also provides by its size, arrangement, and location the necessary facilities for pulling the conductors into place. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2016-197 Dated: 10-18-16 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.5 Quasi -public Institutions: Public utilities, educational institutions, and hospitals, whether publicly or privately owned, where the property, campus or hospital grounds extend over relatively large areas through which public streets may run. Rate Charges: Charges in the Rates, Rules and Regulations may include the following: Added Facilities Charge: The fee collected by the Utility for the installation and use of Added Facilities equipment. Customer Charge: That portion of the charge for electric service which is a fixed amount without regard to Connected Load, demand, or energy consumption in accordance with the Rate Schedule. Demand Charge: That portion of the charge for electric service which varies with the Billing Demand in accordance with the Rate Schedule. Energy Charge: That portion of the charge for electric service which varies with the quantity of energy consumed in accordance with the Rate Schedule. Minimum Charge: The least amount for which electric service will be rendered in accordance with the Rate Schedule. Power Factor Adjustment: That portion of the charge for electric service which varies with the Power Factor in accordance with the Rate Schedule. Service Charge: That portion of the charge for electric service which is a fixed amount based on Connected Load in accordance with the Rate Schedule. Rates, Rules and Regulations: The rate structure, the Rules, and any regulations as approved by the City Council, governing the use and delivery of electricity. Rate Schedule: May be one or more Tariff Pages setting forth the charges and conditions for a particular class or type of electric service at a given location. A Rate Schedule, as referred to herein, shall include all the wording on the applicable Tariff Page or pages, including but not limited to, the following: Class of Service, Applicability, Rates, Special Conditions, and reference to a Rule or Rules. Required Net Energy Meter: A single Meter capable of registering the flow of electricity in two directions. Residential Unit: A residential dwelling unit consisting of a room or group of rooms which do not qualify as Single - Family Dwellings. Residential Units may be used as permanent primary dwellings, as transient tenant accommodations, and by organizations or groups of Persons. When a Residential Unit is used as a permanent primary residence, use shall be Domestic Service. When such units are used by a transient tenant, an organization, or a group of Persons, use shall be nondomestic or General Service. Revenue: Amount realized from the selling of goods or services before customer discounts or uncollectible write- offs are applied. This does not include amounts collected from sources that are to be deferred in accordance with Governmental Accounting Standards Board (GASB) Statement No. 62. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2016-197 Dated: 10-18-16 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.6 Rule(s): Tariff Pages which set forth the application of all rates, charges and services when such applicability is not set forth in and as a part of the Rate Schedules. Service Wires or Connection: The group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the Customer to the Utility's supply line, regardless of the location of the Utility's Meters or transformers. An overhead service connection, sometimes referred to as a "service drop", is the group of conductors between the Customer's building or other permanent support and the Utility's adjacent pole. Single -Family Dwelling or Accommodation: A house, apartment, or other dwelling unit which is used as a residence by a single family. Street Lighting Service: Electric service to any lighting apparatus used primarily for the illumination of streets, alleys, highways, or other public rights-of-way. Sub -meter: An instrument used for measuring the electricity used by a single device, unit, space, building, or common area and typically connected after the Meter. Substructure: All conduits, ductbanks, vaults, Pull Boxes, concrete and/or composite equipment pads, and other underground structures with the associated trenching and excavations. Summary Bill: A Customer account billing statement that includes charges for multiple service locations. Swimming Pool: A permanently installed swimming pool, above or below ground, with permanently installed pump, motor, filtering equipment and automatic timer to control the operation of the pumping equipment. The pump motor must be rated at a minimum of 3/4 horsepower. Tariff Page: An individual page of the Tariff Schedules. Tariff Schedules: The entire body of effective rates, rentals, charges, and Rules collectively of the Utility, as set forth herein, and including title page, preliminary statement, Rate Schedules, and Rules. Temporary Service: Electric service for enterprises or activities which are temporary in character or where it is known in advance that service will be of limited duration. Electric service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered Temporary Service. Tract or Subdivision: An area which may be identified by filed subdivision plans or an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis. Underground Distribution System: An electric distribution system with all cables installed underground except those conductors in surface -mounted equipment enclosures. Underground Facilities: 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. Underground Transmission System: A transmission system up to 69kV with all cables installed underground. Underground Utility District or District: That area in the City in 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 of the Anaheim Municipal Code. Utility: The City of Anaheim - Public Utilities Department. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2016-197 Dated: 10-18-16 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.7 Utility's Operating Convenience: The term refers to the utilization, under certain circumstances, of facilities or practices not ordinarily employed which contribute to the overall efficiency of the Utility's operations; it does not refer to Customer convenience or to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules or regulations, or similar requirements of public authorities. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2016-197 Dated: 10-18-16 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.20.1 Anaheim, CA 92805 RULE NO. 20 REPLACEMENT OF OVERHEAD FACILITIES WITH UNDERGROUND FACILITIES A. Underground Utilities. The Electric Utility will, at its expense, replace its existing Overhead Facilities up to 69kV with Underground Facilities along public streets and roads, and on public lands and private property across which rights-of-way satisfactory to the Electric Utility have been obtained, provided that: 1. A public hearing has been conducted to ascertain if an Underground Utility District will further public health, safety, and welfare, and all those affected by the Underground Utility District have been properly noticed, consistent with Anaheim Municipal Code (AMC) Section 17.24.040. 2. After a public hearing has been conducted, the City Council has: a. Determined that undergrounding Overhead Facilities is in the general public interest for one or more of the following reasons: 4. ISSUED BY: Dukku Lee General Manager (1) Such undergrounding will avoid or eliminate a heavy concentration of Overhead Facilities. (2) Said street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. (3) Said street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public. (4) Said street or road or right-of-way is considered an arterial or a collector as defined in the City of Anaheim General Plan's Circulation Element or similar or successor source. (5) Undergrounding electric facilities will reduce fire risk and/or enhance electric system reliability. Undergrounding projects are to be prioritized based upon geographical diversity, coordination with other planned roadway improvements, electric reliability improvements, available funding, and overall aesthetic improvement. b. Adopted a resolution, consistent with AMC Section 17.24.060, creating an Underground Utility District requiring, among other things, that (1) all existing Overhead Facilities in such District shall be removed, and (2) the property owners served from such Overhead Facilities shall accommodate construction and allow access in order to receive service from the Underground Facilities as soon as it is available. The Electric Utility will pay for up to 200 feet of the Customer's underground service lateral. For Customers that require more than 200 feet of service lateral, the Electric Utility will evaluate and the General Manager may, at his or her determination, authorize the additional cost of undergrounding such service lateral if it is in the best interests of the Electric Utility. The City Council has approved funding of the Underground Conversion Program through a 4.0% surcharge on electric revenues. These funds shall be maintained in a separate account and this charge shall appear as a line item on the customers' bills. The annual budgeted amount for undergrounding within the City of Anaheim may be allocated by the City Council upon recommendation of the General Manager. The undergrounding includes both sides of the street and extends for a minimum distance of one block or 600 feet, whichever is the lesser. (Continued) Effective: by Resolution No.: Dated: Superseding Resolution No.: 2007R-029 Dated: 03-06-07 CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.20.2 Anaheim, CA 92805 RULE NO. 20 REPLACEMENT OF OVERHEAD FACILITIES WITH UNDERGROUND FACILITIES B. Applicant Requested Undergrounding. The Electric Utility will replace its existing Overhead Facilities up to 69kV with Underground Facilities along public streets, roads, or other locations mutually agreed upon when requested by an Applicant or Applicants. 2. ISSUED BY: Dukku Lee General Manager Such undergrounding will be considered by the Electric Utility where all of the following conditions have been met: a. All property owners served from the Overhead Facilities to be removed provide written confirmation that underground electric service will be furnished in accordance with this paragraph B.1. and that the Electric Utility may discontinue its overhead electric service upon completion of the Underground Facilities. b. The Applicant has: (1) Installed all required Substructures per approved plans by the Electric Utility, in accordance with the Electric Utility Rules and construction standards or, if acceptable to the Electric Utility and in lieu thereof, has paid the Utility to install all required Substructures. (2) Executed and delivered public utility easements to the City acceptable to the Electric Utility, to be recorded for any and all Underground Facilities. (3) Executed and delivered a construction right of entry to the City for the locations affected by the undergrounding. (4) Received inspection and approval by the City to receive underground service. (5) Transferred ownership of approved Substructures, in writing, to the City. (6) Paid the costs, if any, associated with undergrounding communication lines on co -located utility poles. C. The area to be undergrounded includes both sides of a street for at least one block or 600 feet, whichever is the lesser, and all existing Overhead Facilities within the area will be removed. The Electric Utility will provide the following services upon verification that all of the conditions set forth in Section B.1 have been met by the Applicant: a. Coordinate with utilities affected by such undergrounding. b. Design services for the conversion of the Electric Utility's Overhead Facilities with Underground Facilities that complies with applicable laws, codes, and standards. C. Furnish and install underground electrical cables and associated equipment, as provided in the Electric Utility's Rules applicable thereto. (Continued) Effective: by Resolution No.: Dated: Superseding Resolution No.: 2007R-029 Dated: 03-06-07 CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.20.3 Anaheim, CA 92805 RULE NO. 20 REPLACEMENT OF OVERHEAD FACILITIES WITH UNDERGROUND FACILITIES C. Home Undergrounding. Where mutually agreed upon by the Electric Utility and a residential Applicant, overhead Service Wires or Connections may be replaced with underground Service Wires or Connections by the Electric Utility. The residential Applicant is required to have: a. Installed Substructures, required for the new underground service in accordance with the Electric Utility's Rules and construction standards, where the location of the undergrounding is coordinated with the Electric Utility in advance of construction. b. Presented the City with a construction right of entry form for the locations affected by the undergrounding. C. Received inspection and approval by the City to receive underground service. The residential Applicant may elect to apply for a partial reimbursement not to exceed the cost of the Substructure, equivalent to fifty percent (50%) of the residential Applicant's twenty (20) year contribution to the Underground Conversion Program surcharge, subject to available funding, and based on the residential Applicant's previous twelve (12) months of electrical usage. Should the residential Applicant not have accumulated twelve (12) months of usage history, an estimate from the previous twelve (12) months of occupancy at the property address will be used to calculate the reimbursement amount. a. Applications will be considered on a first come, first serve basis within each underground area in the City of Anaheim. The General Manager, in his or her sole discretion, is authorized to prioritize projects deemed of significance for Utility operations and maintenance on a case-by-case basis. b. Applications will be made available upon request, and include the residential Applicant's contact information, project scope, and cost estimate for the Substructure work for which reimbursement is requested. Applications received by the Electric Utility will be reviewed for completeness and available funding. A written notification will be provided to the residential Applicant indicating the Electric Utility's acceptance of the Application. C. The Electric Utility's full contribution, inclusive of the reimbursement for the underground Substructure costs, its electrical labor for design and installation, and material costs shall not exceed the total sum of ten thousand dollars ($10,000) per residential Applicant, unless otherwise authorized in writing by the General Manager, in his or her determination. d. The residential Applicant must complete installation within 90 days of written notification from the Electric Utility of approval of the Application or the Electric Utility's reservation of funds will expire and those funds may be made available to other residential Customers. Case by case exceptions for time extensions may be made for Electric Utility operational considerations as determined by the General Manager, in his or her determination. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2007R-029 Dated: 03-06-07 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.20.4 Anaheim, CA 92805 RULE NO. 20 REPLACEMENT OF OVERHEAD FACILITIES WITH UNDERGROUND FACILITIES D. Property Line Undergrounding. Where mutually agreed upon by the Electric Utility and existing Applicants, Overhead Facilities along property lines may be replaced with Underground Facilities in the public right of way. The Electric Utility will underground its existing Overhead Facilities provided the Applicant requesting the change has met all of the following conditions: a. Obtains written approvals from each affected property owner. b. Provides suitable locations for Electric Utility equipment and Service Wires or Connections, and obtains written authorization and/or permission in the form of a utility easement, to be recorded in a form acceptable to the Electric Utility, for any and all Underground Facilities not wholly on the Applicant's property or within an existing utility easement. C. Installs, at Applicant's cost, all required Underground Facilities, per approved Electric Utility plans and construction standards. Alternatively, if the Applicant requests and the Electric Utility finds it is in its best interest to install the Underground Facilities, the Applicant shall pay the Electric Utility in advance, a nonrefundable sum equal to the estimated cost of the Substructure and installation. d. Paid the costs, if any, associated with undergrounding communication lines on co -located utility poles. The Electric Utility will provide the following services upon verification that all of the conditions set forth in Section D.1. have been met by the Applicant: a. Coordinate with utilities affected by such undergrounding. b. Design services for the conversion of Overhead Facilities with Underground Facilities. C. Installation of the underground cables and equipment and removal of the Electric Utility's Overhead Facilities upon completion. Underground services will be installed and maintained as provided in the Utility's Rules applicable thereto. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2007R-029 Dated: 03-06-07 General Manager 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 Resolution No. 2017-122 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of July, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of July, 2017. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)