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RES-2024-104RESOLUTION NO. 2024-1 0 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FORMING UNDERGROUND UTILITY DISTRICT NO. 72 (LA PALMA/EAST) AND DETERMINING THAT 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 ("UD") (as defined in Chapter 17.24); and WHEREAS, on September 25, 2024, the Anaheim Public Utilities Board ("Public Utilities Board") held a public hearing to ascertain whether the formation of Underground Utility District No. 72 (La Palma/East) ("UD 72") 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 UD 72 will further the public health, safety, and welfare by promoting, among other things, the reliability of electrical and telecommunication 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 UD 72 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 streetlights. 2. Based on the determinations of the Public Utilities Board made at the public hearing of September 25, 2024, the City Council hereby finds and determines that the formation of UD 72, as depicted in Exhibit A, will further the public health, safety, and welfare by promoting, among other things, the reliability of electrical and telecommunication 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 25, 2024, the City Council hereby finds and determines that formation of UD 72 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 Utility District No. 72 (La Palma/East). 5. The City Council does hereby fix February 1, 2027, as the date on which affected property owners must be ready to receive underground service in Underground District 72 (La Palma/East) and does hereby order the removal of Overhead Facilities of any Utilities in this district and the undergrounding of such Overhead Facilities, including property owners' service laterals, but excepting those Southern California Edison (SCE) owned overhead transmission lines along East Street noted in Exhibit A, in accordance with provisions of Chapter 17.24, on or before September 28, 2029, following completion of undergrounding of Anaheim -owned utilities on or before September 28, 2028. 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. The City Council hereby determines that this Resolution shall apply to the Overhead Facilities of any Utility, which are subject to the provisions of Chapter 17.24 and the Electric Rates, Rules and Regulations, within UD 72, including, but not limited to, property owners' service laterals; Anaheim -owned electric circuits and associated facilities; streetlight circuits; telecommunication lines and associated facilities; and substructures, conduits, and cable lines in the public right-of-way, but excepting those SCE -owned overhead transmission lines along East Street noted in Exhibit A. 7. The City Council hereby finds and determines that formation of UD 72 is consistent with the City of Anaheim's Five -Year Underground Conversion Plan that was adopted by the City Council on July 23, 2024. 8. The City Council hereby orders that all Utilities with Overhead Facilities in UD 72 underground their Overhead Facilities, including property owners' service laterals, in accordance with the provisions of Chapter 17.24, but excepting those SCE -owned overhead transmission lines along East Street noted in Exhibit A. 9. The Anaheim City Clerk is hereby directed to notify all affected Utilities and all persons owning real property in UD 72 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 29th day of _()ctober , 2024 by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR Of-' Tl : CITY OF ANAHEIM PESRKOF THE CITY OF ANAHEIM EXHIBIT A Underground Utility District No. 72 (La Palma/East) N in p Z BRIARVALE AVE Q op j o w ROMNEYA OR TP BALSAM AVE BALSAM AVE p WARRENTON AVE BALSAM A _ AVE BANYAN AVE O FOREST IN a a SCE OVERHEAD TRANSMISSION LINES c p BANYAN TORFMAINALONG R p AVE EASTSTREET SANDALWOOD AVE F. = G SANDALWOOD AVE SELMONTAVE DEL p 3 2 a MAR IN 4p p 3 BELMONT AVE SCE /I/W 1N 5T TRANSMISSIONTLINES Q NpR TO REMAIN ALONG EASTSTREET V Z Is 'O / m g � VJtLNELMtNp SS � q = r TO ONp OR a = � OOp DR 9 EEN.IVRY pR LNP SY S1 m 0 SVCPMORE G TL RED �Oqp pie P N 0 75 7OO AVE o fR'pMn A G v= or T ALMOND DR 35D gLEN`NO� � z Feel � sa a n x Key to Features��g£�f Council District Exhibit A - Underground District Formation Map Council District 5 �11 UD_72 UD-72 - La Palma & East CGISity fCentral m SCE Transmission Line 7rzsr2o2a 7301 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. 2024-104 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 29t' day of October, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 30t' day of October. 2024. .11-1 ITY LERK OF THE CITY OF A HEIM (SEAL)