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RES-2026-037RESOLUTION NO.2026- 0 3 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FORMING UNDERGROUND UTILITY DISTRICT NO. 73 — BALL/BROOKHURST AND DETERMINING THAT SAID ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTIONS 15301(b), 15302(c)-(d), and, 15303 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, Anaheim Municipal Code ("AMC") Chapter 17.24 authorizes the City of Anaheim ("Anaheim") City Council ("City Council") to establish Underground Utility Districts and requires a public hearing before any such district is formed; and WHEREAS, prior to the public hearing referenced herein, the General Manager caused notice to be provided to all affected Utilities and prepared the report specified in AMC section 17.24.050 for the proposed district, describing its boundaries, justification, and estimated cost and schedule of construction; and WHEREAS, more than ten (10) days prior to the referenced hearing, the City Clerk provided notice of the hearing time and place by publication in the Anaheim Bulletin and by mail to all affected property owners as shown on the last equalized assessment roll and to all affected Utilities; and WHEREAS, on March 25, 2026, the Anaheim Public Utilities Board ("Public Utilities Board") held a public hearing to ascertain whether the formation of Underground Utility District No. 73 — Ball/Brookhurst ("UD 73"), as depicted in Exhibit A attached hereto and incorporated herein, will further the public health, safety, and welfare by promoting one or more of the purposes set forth in AMC section 17.24.010; and WHEREAS, based on the evidence presented at the public hearing, including the General Manager's report, the Public Utilities Board determined that the formation of UD 73 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, capitalized terms used but not defined in this Resolution shall have the meanings ascribed to them in AMC Chapter 17.24. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM: 1. The 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 and construction of UD 73 are exempt from CEQA pursuant to sections 15301(b), 15302(c)-(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 administrative record, including the determinations of the Public Utilities Board made at the public hearing of March 25, 2026, the City Council hereby finds and determines that the formation of UD 73 will further the public health, safety, and welfare by promoting the purposes set forth in AMC section 17.24.010. In support of this determination, the City Council further finds and determines that: (a) Undergrounding within UD 73 will eliminate a heavy concentration of Overhead Facilities along the street and road rights -of -way within the District. (b) The rights -of -way within UD 73 are extensively used by the general public and carry a heavy volume of vehicular traffic and pedestrian activity. (c) The rights -of -way within UD 73 adjoin civic and public recreation areas (e.g., schools and parks), and undergrounding within UD 73 will enhance the public's use and enjoyment of the adjacent areas and improve the quality of the public's urban environment by reducing visual clutter and related obstructions. (d) The roadway corridor within UD 73 is considered an arterial as defined in Anaheim's General Plan Circulation Element, and undergrounding is warranted to improve the corridor's functionality, safety, and appearance by removing potential obstacles and reducing obstructions to roadway visibility. (e) Undergrounding within UD 73 will reduce fire risk and enhance electric service reliability by replacing existing Overhead Facilities with Underground Facilities, thereby reducing outages and hazards associated with winds, storms, and accidents. 3. The City Council hereby designates the area along Ball Road approximately 200 feet east of Brookhurst Street to 200 feet west of Nutwood Street and 240 feet east of Nutwood Street to 150 feet east of Kings Court Drive, as depicted in Exhibit A, to be an Underground Utility District, known as Underground District No. 73 — Ball/Brookhurst, or "UD 73." 4. The City Council hereby fixes December 1, 2027, as the date by which each affected property owner within UD 73 must be ready to receive underground service, including by timely completing any work on the owner's side of service necessary to accept underground service and by accommodating Anaheim's construction activities and providing Anaheim access as reasonably necessary to complete conversion work. 5. The City Council hereby orders all Overhead Facilities of any Utility within UD 73 to be removed, except as otherwise provided in AMC section 17.24.070 (Exemptions). To the extent a Utility intends to continue service or maintain facilities in or through UD 73, such Utility shall relocate the affected facilities underground as necessary to effect the required removal. Such removal and related underground relocation shall be completed in accordance with AMC Chapter 17.24 and the Electric Rates, Rules and Regulations no later than twelve (12) months after Anaheim provides written notice that the underground conduit systems serving UD 2 73 have been completed. Anaheim presently anticipates that such notice will be provided on or about March 31, 2029, resulting in an anticipated removal deadline of about March 31, 2030. 6. The City Council finds that the foregoing readiness date of Section 4 and anticipated schedule of Section 5 are reasonable based on the expected availability of labor, materials, and equipment necessary to complete the required removal and underground installation work. 7. The City Council hereby finds and determines that formation of UD 73 is consistent with Anaheim's Five -Year Underground Conversion Plan that was adopted by the City Council on July 22, 2025. 8. The Anaheim City Clerk is hereby directed to notify all affected Utilities and all persons owning real property in UD 73 as provided in AMC section 17.24.090. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 st day of Apri 1 , 2026 by the following roll call vote: AYES: Mayor Aitken and Council Members Leon, Balius, Rubalcava, Kurtz, Maahs and Meeks NOES: None ABSENT: None ABSTAIN: None A OF THE CITY OF ANAHEIM 3 CITY QF AN YOR OF THE C%TY OF ANAHEIM EXHIBIT A UNDERGROUND DISTRICT NO. 73 - BALLBROOKHURST UVERPOOLLN LOLCHESTER DR BAN BURY CIR BROOKMORE AVE o a CHURCHILL CIR O WELLINGTON AVON CtR CIR JUNO AVE CHATEAU AVE CHAT6IU AVE BEACON AVE BEACON AVE E, MINERVA AVE n .q a w lUhFO Pl. 'Q 1 St. Junn Ante" BI ENVILLE r-wv. Elei»Crtary AVE SchoolDntxt School Key Campus a w a GRACE CT Y CHALETAV'E GUIN IDA LH z V` {HAT EAU AVE CHATEAU AVE � 4 m ¢ BEACON AVE2 r CJ x j a a o BEACON AVE 0 MINERVA AVE 2 rs l�� 4 Fap�1 BALL RD CHATEAU Pt BEACON AVE C- i3ilbCrt Hgh COLONIAL AVE School 3 BOWLING ST z GOODHUE AVE a '0 PALM LN CASTLE O CASTLE AVE _ AVE a z Y � Q J V C z u CHALET AVE 2 � Y PALAIS RD = O W zs u PALAIS RD ¢ PALAIS RD '� w P.nLA�$ RD WOODWORTH RD N - W m ¢ a CHANTICLEER RD 4 qDp gpU r CHANTICLEER RD q y CHANTICLEER RD CHANTICLEER RD I feat H HARRIET LN Key to Features -,j13 Exhibit A - Underground District Formation Map tom. Ac:vt Umlerry, ourvlartR PoJiS UD-73 - Ball/ Brookhurst ty CIf GISCentralm Cvu,cil O�x, a' 2 C—d0—, 4 2/18/2026 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. 2026-037 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of April, 2026 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Leon, Balius, Rubalcava, Kurtz, Maahs and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 22Id day of April, 2026. RK OF THE CITY OF ANAHEIM (SEAL)