RES-2021-024 RESOLUTION NO. 2021-0 2 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FORMING UNDERGROUND DISTRICT NO. 69
(CERRITOS/NUTWOOD) 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 creation of any
Underground Utility District(as defined in Chapter 17.24); and
WHEREAS, on February 24, 2021, the Anaheim Public Utilities Board ("Public
Utilities Board") held a public hearing on February 24, 2021 to ascertain whether the creation of
Underground District No. 69(Cerritos/Nutwood)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. 69 (Cerritos/Nutwood) 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. 69 (Cerritos/Nutwood)is exempt from CEQA pursuant
to Title 14 of the California Code of Regulations, 15301(b), 15302(c), 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 February 24, 2021, the City Council hereby finds and determines that that the creation
of Underground District No. 69 (Cerritos/Nutwood), 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 February 24, 2021, the City Council hereby finds and determines that creation of
Underground District No. 69 (Cerritos/Nutwood) 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. 69 (Cerritos/Nutwood).
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. 69 (Cerritos/Nutwood).
5. The City Council does hereby fix July 29, 2022 as the date on which
affected property owners must be ready to receive underground service in Underground District
69 (Cerritos/Nutwood), 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 October 31,
2023. 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 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
& 69,000 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. 69 (Cerritos/Nutwood).
7. The City Council hereby finds and determines that creation of Underground
District No. 69 (Cerritos/Nutwood) 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. 69 (Cerritos/Nutwood) 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. 69 (Cerritos/Nutwood) 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 23rd day of March , 2021 by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman,
Valencia, and O'Neil
NOES: None
ABSENT: Council Member Moreno
ABSTAIN: None
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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. 2021-024 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 23th day of March, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Valencia and O'Neil
NOES: None
ABSENT: Council Member Moreno
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of March, 2021.
CITY ERK OF THE CITY OF ANAHEIM
(SEAL)