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.
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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]
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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)