Resolution No. 7016 376
RESOLUTION NO. 7016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE FORMATION OF UNDERGROUND UTILITY DISTRICT No. 1 and
ORDERING THE REMOVAL AND UNDERGROUNDING OF EXISTING OVERHEAD
UTILITY LINES, WIRES, POLES AND RELATED STRUCTURES ON PORTIONS OF
GRAHAM STREET (FROM ORANGE AVENUE TO 1,200' SOUTH OF ORANGE
AVENUE) USING CALIFORNIA PUBLIC UTILITIES COMMISSION RULE 20A AND
FINDING OF EXEMPTION FROM CEQA
WHEREAS, Chapter 27 of the Cypress Municipal Code provides for the creation of
underground utility districts related to the undergrounding of utilities and therefore helps
address public safety concerns with utility lines and poles, as well as improves the appearance
of development in the City; and
WHEREAS, the California Public Utilities Commission ("CPUC") has authorized electric
and telecommunication utilities to convert overhead utility lines and facilities; and
WHEREAS, the CPUC Rules allow participating cities and counties to create
underground utility districts within which existing overhead electric distribution and
telecommunication distribution and service facilities will be relocated underground; and
WHEREAS, on May 12, 2025, the City Council conducted a public hearing to consider
whether the public necessity, health, safety, or welfare requires the formation of Underground
Utility District No. 1 (the "UUD") for the removal of poles, overhead wires, and associated
overhead structures and equipment for supplying electric, communications, community
antenna television, and similar associated services within the easterly portion of the road right-
of-way on Graham Street, from Orange Avenue to 1,200' south of Orange Avenue, as depicted
in Exhibit "A" to this resolution; and
WHEREAS, City staff recommends the undergrounding project to be undertaken within
the UUD using the City's Rule 20A funds for the removal of existing poles, overhead wires, and
facilities for supplying electric, telephone, cable communication, and associated services, and
the undergrounding of approximately 1,200 linear feet of overhead utility lines (the
"Undergrounding Project"); and
WHEREAS, City staff has consulted with Southern California Edison ("SCE")on its Rule
20A program and determined that the establishment of the UUD and the Undergrounding
Project meets the criteria established by the rules of the CPUC, to wit: [That the road or street
right-of-way adjoins or passes through a civic area or public recreation area or an area of
unusual scenic interest to the general public, and that the roads or streets, right-of-way is
considered a major collector as defined in the Governor's Office of Planning and Research
General Plan Guidelines;] and
WHEREAS, prior to holding the public hearing, as provided by Municipal Code Section
27-2, the City Engineer consulted with all affected utilities and submitted a report at the hearing
identifying the extent of such utilities' participation and estimates of the total costs to the City
and affected property owners, and estimating the time required to complete the
Undergrounding Project; and
WHEREAS, SCE has determined that the establishment of the proposed UUD and the
Undergrounding Project would meet their Rule 20A program qualifications; and
WHEREAS, in accordance with Municipal Code Chapter 27-2, the City Clerk has
caused to be published in a newspaper of general circulation serving the City of Cypress,
California, a notice of a public hearing on the UUD creation and Undergrounding Project to be
held at Cypress City Hall on May 12, 2025 at 6:00 p.m. at the meeting of the City Council; and
WHEREAS, in accordance with Municipal Code Chapter 27, all affected property
owners were provided notice of the public hearing on the UUD creation and the
Undergrounding Project at least 10 days prior to the date thereof and evidence was heard and
presented from all persons interested in said proposal, from all persons protesting the same
and from members of the City staff, and the City Council has reviewed, analyzed and studied
said proposal.
377
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY
DOES FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds and determines that the recitals above are true
and correct and are incorporated herein by reference.
SECTION 2. The City Council further finds and determines the following:
A. That the establishment of Underground Utility District No. 1 and the
Undergrounding Project are consistent with the City of Cypress Municipal Code and General
Plan.
B. That the public necessity, health, safety or welfare require formation of an
underground utility district for the removal of poles, overhead wires, and associated overhead
structures within the designated area shown on Exhibit "A".
C. That the underground of utilities with the territory described in Exhibit"A" is in the
general public interest.
SECTION 3. The City Council hereby approves the creation of Underground Utility
District No. 1 in the area depicted in Exhibit "A." and by this reference incorporated herein.
SECTION 4. The City Council hereby orders the removal of those poles, overhead
wire and associated overhead structures (including poles) and the underground installation of
wires and facilities for supplying electric, communication, or similar or associated services
within Underground Utility District No. 1 designated for immediate undergrounding ("Project")
in Exhibit "A". The City Council authorizes the City Manager, or his designee, to revise the
boundaries of the Underground Utility District if requested by SCE. Each property currently
served from electric overhead facilities in the Underground Utility District which will be moved
underground shall have installed, in accordance with SCE's rules for underground services, all
electrical facility changes on the premises necessary to receive service from the underground
facilities of SCE as soon as available.
SECTION 5. The City Council hereby orders that each utility which undertakes
underground installation of its facilities shall use the underground conversion allocation,
computed pursuant to decisions of the Public Utilities Commission of the State of California,
for the purpose of providing to each property premises in the District currently receiving
services from Graham Street, no more than one hundred (100) feet of each customer's
underground electric service lateral required by the undergrounding and the conversion of a
customer's meter panel to accept underground service required by the undergrounding. After
installation, each property owner in the District shall be responsible for the maintenance of the
conduit and termination box located on, under, or within any structure on the premises served.
SECTION 6. The City Council hereby directs the City Clerk to give notice of the
adoption of this resolution to all affected utilities and all persons owning real property within
Underground Utility District No. 1 within 10 days of the date hereof. Such notice shall include
that if the affected property owner or any person occupying such property desire to continue to
receive electric, communication, or similar associated service, they or the occupant shall
provide all necessary facility changes to their premises so as to receive such service from lines
of the supplying utilities on file with the Public Utility Commission. Notification by the City Clerk
shall be made by mailing a copy of the resolution adopted pursuant to section 27-4, together
with a copy of Chapter 27, to affected property owners as such are shown on the last equalized
assessment roll and to the affected utilities.
SECTION 7. Property owners within Underground Utility District No. 1 shall grant
each utility the necessary easements or land rights when it is necessary by the utilities to place
their facilities on private property to complete the undergrounding.
378
SECTION 8. The City Council hereby further finds and determine that the proposed
Underground Utility District designation and the Undergrounding Project are exempt from the
California Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the CEQA
Guidelines, which provides that CEQA only applies to projects that have the potential for
causing a significant effect on the environment and under Section 15302 if the CEQA
Guidelines which provides a categorical exemption for the replacement or reconstruction of
existing facilities. It can be seen with certainty that there is no possibility the activity in question
would have a significant effect on the environment, and accordingly, the activity is not subject
to CEQA review.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held
on the 12th day of May, 2025.
IRD4/
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY LERK OF ThE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on
the 12th day of May, 2025 by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Chang, Minikus, Peat, Medrano and Burke
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CIT LERK OF THE CITY OF CYPRESS
379
EXHIBIT "A"
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