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RES-2023-097RESOLUTION NO. 2023- 097 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 City 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 negligible 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 by 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. 3. 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 formation of Underground District No. 71 (Olive/Vennont) will also eliminate a heavy concentration of Overhead Facilities (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 District 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 District 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 hereby 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 District 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 directed to notify all affected Utilities and all persons owning real property in Underground District No. 71 (Olive/Vermont) as provided in Section 17.24.090 of the Anaheim Municipal Code. /// 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24 day of October , 2023 by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF CITY OF ANAHEIM ATTEST: L:AY L RK OF THE CITY OF ANAHEIM EXHIBIT A UNDERGROUND DISTRICT NO. 71 (OLIVE/VERMONT) [ATTACHED BEHIND THIS PAGE] ¢a Oa 1S z z Vp3S3H Z O W w z> a 4 z = w ? a q 15 tl03S3N z O w 0 ¢a o z m a o ta7 Ni p00MN11S N r n pAIB 3931107 31VJS W DpVElk d 7a Y7a a w d d O O r VJ , S%DE � u 7VERDESt 7a o J � St BARNS J a EESSR Q W 70 o WA"4SIDE 5t �L 7 MCCL St y W AYSIDE St BARNEtt St 7Z a a: 3 MCC, St ¢ eARNE� Si �a lltnE 57 a r g !!IJ DNuI G w J O Z OZ gDND 5t O a a Zd Y a a AVOCADO SS AV Vd PX 0 a J G DIPp1A P` 2 it O OLL _ J DpVE PE C1R6 DpVE J da J PY cc WpOD St p MPY SARP1 0 a CIR CUFPA W a PVDCp` DO St Za o GR pVE AVE 7Q jPPULA •\ EN -_ .. tURnUpISEWt , MICNAEEWPY J J G w 7a GO 4 O r h 53 O p 'moo INN St 9A 7Q a m J W W P� Q o ZQ d RASE ZQQ O Og a p�Lu �g0 CZllu MpSAIC 5t r "J's, s G C7 b U �'y w tE 5t 4P5ltP5t ?PRIVA KRoeGER SS MElIipSE St u+ PR1VPtE5t 1�\a�� d a DUNE St $ pNllApetplilp 5t pHllPOE�P"IN St W 7Q Q EM11151 CLAUDINASt u Z rd ,rn a O W St 7 CIAUDINA5� 3 CIAUDINP ANAN'IMgLVD r 2 aF W Q N MEIRpse 51 L�CV C CV CV Q�CC) �(74 U O U. p VE ■..E w YI ■ CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2023-097 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2401 day of October, 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 2501 day of October, 2023. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)