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RES-2019-117 RESOLUTION NO. 2019- 1 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FORMING UNDERGROUND DISTRICT NO. 68 (EUCALYPTUS) AND DETERMINING SAID ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTIONS 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 creation of any Underground Utility District(as defined in Chapter 17.24); and WHEREAS, on August 28, 2019, the Anaheim Public Utilities Board ("Public Utilities Board") held a public hearing on August 28, 2019 to ascertain whether the creation of Underground District No. 68 (Eucalyptus) will further the public health, safety and welfare by promoting one or more of the purposes set forth in Section 17.24.020 of Chapter 17.24; and WHEREAS,Public Utilities Board determined at the public hearing in compliance with Chapter 17.24 that the creation of Underground District No. 68 (Eucalyptus) 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;to reduce outages caused by winds, storms, and accidents; and improve 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 California Environmental Quality Act(CEQA) and the State CEQA Guidelines, the formation of Underground District No. 68 (Eucalyptus) is exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15302(d) and 15303, because the undergrounding facilities will replace existing overhead facilities with negligible expansion of capacity and the project will include 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 August 28, 2019, the City Council hereby finds and determines that that the creation of Underground District No. 68 (Eucalyptus), 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;to reduce outages caused by winds, storms, and accidents; and improve public safety by removing potential obstacles. 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 August 28, 2019, the City Council hereby finds and determines that creation of Underground District No. 68 (Eucalyptus) will eliminate a heavy concentration of Overhead Facilities(as defined in Chapter 17.24), that said street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, and will improve safety by removing obstructions to pedestrian and vehicular visibility within Underground District No. 68 (Eucalyptus). 4. Pursuant to Section 17.24.046 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. 68 (Eucalyptus). 5. The City Council does hereby fix August 3, 2020 as the date on which affected property owners must be ready to receive underground service in Underground District 68 (Eucalyptus), and does hereby order the removal of Overhead Facilities of any Utilities in this district and the underground conversion of such Overhead Facilities, including the property owners' service laterals, in accordance with provisions of Chapter 17.24, on or before March 1, 2021. 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 Utilities subject to the provisions of Chapter 17.24 and the Electric Rates, Rules and Regulations, including,but not limited to, the 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 the installation of substructures, conduits,and cable lines in the public right-of-way within Underground District No. 68 (Eucalyptus). 7. The City Council hereby finds and determines that creation of Underground District No. 68 (Eucalyptus) is consistent with the City of Anaheim's Five Year Underground Conversion Plan adopted by the City Council on July 30, 2019. 8. The City Council hereby requests that all Utilities with Overhead Facilities within Underground District No.68(Eucalyptus)underground their Overhead Facilities,including the 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 within Underground District No. 68 (Eucalyptus) as provided in Section 17.24.090 of the Anaheim Municipal Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of September , 2019 by the following roll call vote: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES: None ABSENT:None ABSTAIN: None CITY OF ANAHEIM A OR OF THE CITY OF AHEIM (Mayor Pro Tem) ATTEST: CITY CLERK OF TH CITY OF ANAHEIM 133448 EXHIBIT A Underground District No. 68 (Eucalyptus) [ATTACHED BEHIND THIS PAGE] U \ 3HGOU \ D D STRICT \ O. 68 EXHIBIT "A" EUCALYDTUS 0 EUCALYPTUS DEER CANYON 'ARK DRNE i vr- Or u �P neo P �11:4T); •I 4* v # A II I I 1 r4IlitliO\ ta I& 0 lb *I* 1 ik . IrA .0. - -'•" 1 1 0 ,\° 44$ J I,000? ‘;'11k0 c-' D Nil 40 v P - 0 -Nic, li o \ aikl :#,‘ I 1 1 i• 0 . .. .. ' '' 1,10--, , Ave IL i 0 0 0 rilmiliftimma44, • I / 1 �i irrT 4 f\r n 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. 2019-117 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of September, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of October, 2019. � v CITY CLERK THE CITY OF ANAHEIM (SEAL)