2004-099RESOLUTION NO. 2004 - 99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO ADOPT AN
ORDINANCE GRANTING TO SOUTHERN CALIFORNIA
EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A
NON-EXCLUSIVE FRANCHISE TO USE AND TO
CONSTRUCT AND USE, SOLELY FOR TRANSMITTING
ELECTRICITY THROUGH THE CITY OF ANAHEIM
(EXCEPT IN CASES OF SUBSEQUENT ANNEXATIONS AND
OF CUSTOMERS SERVED UNDER FRINGE AGREEMENTS),
POLES, WIRES, CONDUITS AND/OR APPURTENANCES, IN,
ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC
STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME
NOW OR MAY HEREAFTER EXIST, WITHIN SAID
MUNICIPALITY, ESTABLISHING A TIME AND DATE OF A
PUBLIC HEARING TO CONSIDER SUCH FRANCHISE AND
A FEE IN SUPPORT OF SUCH FRANCHISE.
WHEREAS, Southern California Edison Company ("SCE") submitted an
application for non-exclusive franchise (the "Application") to transmit electricity in,
along, across, upon, over and under the public streets, ways, alleys and places within the
City of Anaheim; and
WHEREAS, the City Council of the City of Anaheim has considered and
weighed, among other things, those factors set forth in Section 1.03.055 of Chapter 1.03
of Title 1 of the Anaheim Municipal Code, and has determined that the Application
submitted by SCE in strict compliance with the Charter of the City and all applicable
laws, and does hereby make the following findings with regard to said Application:
1. That the Anaheim Public Utilities Department (Anaheim Utilities)
currently provides electric services to residents and businesses within the City of
Anaheim and that said existing service is adequate to serve the City of Anaheim;
2. The Franchise for SCE is non-exclusive and approval thereof will not
adversely affect provision of electric services by Anaheim Utilities, or result in a
deterioration of customer bas~ and/or ability of Anaheim Utilities to adequately provide
safe, reliable, economic service to its customers in the City of Anaheim;
3. That the term and proposed service territory of the requested non-
exclusive Franchise is as set forth in the Application and have been considered and
weighed by the City Council in its determination;
4. That the applicant has the ability to provide economic, reliable service to
its customers in its service territory, subject to the requirements of applicable state law
and under the jurisdiction of the California Public Utilities Commission;
5. That the applicant has thc ability under the requested Franchise to provide
service without unduly interfering with existing facilities (service providers) using the
public streets or rights-of-way;
6. That the proposed ordinance approving the non-exclusive franchise will
not affect the financial obligations of Anaheim Utilities and to the best of the City's
information and belief will not affect the ability of Anaheim Utilities to obtain future
financing;
7. That the proposed Franchise will allow applicant to operate and maintain
facilities used to provide electric service to its customers in applicant's service territory;
8. That the proposed Franchise will benefit the health, welfare and safety of
the City and its residents by providing sites on applicant's rights of ways in the City of
Anaheim for development of much needed public recreational facilities for use by
residents and visitors and additional landscape beautification in the City of Anaheim.
WHEREAS, the City Council has determined that the granting of a non-exclusive
franchise to Southern California Edison Company for transmitting electricity in, along,
across, upon, over and under the public streets, ways, alleys and places within the City of
Anaheim utilizing existing facilities is categorically exempt from the California
Environmental Quality Act ("CEQA") as a Class 1 Project (14 Cai.Code Reg., {} 15301
(Existing Facilities), including subsection (c).
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Anaheim does hereby approve the Application of SCE and does hereby declare its
intention to adopt an Ordinance granting a non-exclusive franchise (the "Franchise") to
SCE to transmit electricity in, along, across, upon, over and under the public streets,
ways, alleys and places within the City of Anaheim.
BE IT FURTHER RESOLVED that the terms and conditions of the proposed
Franchise are included within a proposed uncodified ordinance. Copies of the proposed
uncodified ordinance are available for public review in the Office of the City Clerk
located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council will consider establishing a
franchise fee equal to two percent of the gross annual receipts of Grantee arising from the
use, operation, or possession of the proposed Franchise.
BE IT FURTHER RESOLVED that any persons having any interest in the
aforesaid grant of Franchise to Southern California Edison Company or having any
objection to the adoption thereof may appear before the City Council and be heard
thereon at a public hearing to be held at 5:30 P.M. on July 13, 2004, in the Chambers of
the City Council located in thc City Hall at 200 South Anaheim Boulevard in the City of
Anaheim.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish
this resolution once, within fifteen days of the passage hereof, in the Anaheim Bulletin.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 8th day of June ,2004, by the
following roll call vote'
AYES' Hayor Curt Pringle, Council Members, Chavez, Hrnandez,McCracken.
NOES' none
ABSENT: none
ABSTAIN: Council Member,Tait
C ITY/~AN AHEI~
ATTEST: ~
C~ THE CITY OF ANAHEIM
53984
HEoCiLU i ~vfv NO. 2Qv4 - 9y
iN OF THE CITY COUNCIL OF
_CLARING ITS INTENTION TC
.GRANTING TO SOUTHERN
AFFIDAVIT OF PUBLICATION
STATE OF CALIFOKNIA, )
SS-
County of Orange j
m u:nsts•ta SUfi~JEWENT MINEXAT10N5 AND OF
CUSTOMERS SERVED UNDER FAING~ AGREEMENTS)),
This space i, torthc County' POLES, WIRES,CX)NDUITSAND/ORAPPI)RTENM~CES,
IN, ALONG, ACROSS, UPON, OVER AND UNDER THE
PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS 7HE
SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID
MUNICIPALITY, ESTABLISHMKi A TIME AND DATE OF A
PUBLIC HEARING TO CONSIDER SUCH FRANCHISE
AND A FEE IN SUPPORT OF SUCH FRANCHISE
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above-entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
.Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplez ant thereof on the following dates, to
-Vv'It: _
.3une 1'~; 2004
- `I certi~ (or declare) under the penalty of
perjury`~ider the'iaws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: June 17, 2004
~~
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste
WHEREAS, Southern Calrfornie Edison Company
("SCE" submtted an application for non-exclusive fran-
chise the "Application") to transmit electricity in, alongg.
across, upon, over and under the pubUc streets, ways, al-
lays and places within the City of Anaheim; and
WHEREAS, the City Council of the City of Anaheim has
considered end weighed, among other things, those factors
set fort;, in Section 1.03.055 of Chapter 1.03 of Title 1 of the
Anaheim Municipal Code, and has determined that the Ap-
plication submitted by SCE in strict compliance with the
Charter of the City end all applicable laws, and does hereby
make the following findings with regard to said Application:
1. That the Anaheim Public UtilRles Department
(Anaheim Utilities) curtently provides electric services to reai-
dents and businesses within the City of Anaheim and that
said existing service is adequate to serve the City of
Anaheim;
t 2. The Franchise for SCE is non-exclusive and approval
5 E thereof will not adversely affect provision of electric services
by Anaheim UtiNtiea, ar result in a deterioration of customer
Ill -~• base and/or aWIHy of Anaheim Utilities to adequately pro-
vide safe, reliabb, economic service to its customers in the
City of Anaheim;
3. That the term and proposed service territory of the re-
quested non-exclusive Franchise is as set forth in the Appli-
cation and have been considered end weighed by the City
Council in its determination;
4. That the applicant has the ability to provide econom-
ic, reliable serves to its custorrrers in its service territory,
subject to the requirements of applicable stale law and un-
' der the judsdictiat of the Califomra PubNc Utilities Commis-
sion;
5. That the applicant has the ability under the requested
Franchise to Prowde service without undWy interfering with
existingg facilities (service providers) using the public streets
or rightsof-way; -
6.That the proposed ordinance approving the non-
exclusive franchise will not affect the financial obliggations of
Anaheim Utilttiea and To the beat of the City's information
and belief will ntlt effect the ability of Anaheim Utilities to ob-
tain future financing;
7.That the Proposed Franchise will allow applicant to
operate and maintain facilities used to provide electric serv-
ice to its customers in applicant's service terrRory;
8. That the proposed Franchise will benefR the health.
welfare and satetY of the City and its reskfents by providing
sites on applicant s rights of ways in the Cily of Maheim for
development of much needed public recreatlonei facilities
for use by residents and visitors and addRienel landscape
beautification in the City of Anaheim.
~ WHEREAS, the City Council has determined that the
granting oT anon-exclusive franchise to Souttern California
Edison Company for transmitting electridty in, alongg,
across, upon, over and under the pubiib streets, ways, al-
leys and places within the City of Maheim utilizing existing
facilities is categoricalllr exempt from the California Environ-
mental QualRy Act (CEgA") as a Class 1 Project (14
CaLCode Reg., § 15301 (Existing Facildies), including sub-
section (c).
i NOW THEREFORE BE IT RESOLVED that the ^ity
Council of the City of Maheim does hereby sppprove the Ap-
j plication of SCE and does hereby. declare tts intention to
i adopt an Ordinance ggranting anon-exclusi+ro franchise /the
"Franchise") to SCE to transmit electricity in, alon across,
upon, over and under the public sheets, ways, alleys and
places wtthin the City of Anaheim.
BE IT FURTHER RESOLVED that the terms end condi-
li~ns of the proposed Franchise are inGudad within a pro-
posed uncodrfied ordinance. Copies of The proposed
uncodNled ordinance are evallabie for public review in the
CXflce of the City Cledc located in the City Hell at 200 South
Maheim Boulevardlnthe City of Anaheim.
8E IT FURTHER RESOLVED that the Gty Council will
consider establishing a franchise fee equal to two percent
of the gross annual rewipts of Grantee arising from the use,
i operation, or possesalon of the proposed Franchise.
BE IT FURTHER RESOLVED that any persons having
anyy interest in the aforesaid grant of Franchrse to Southern
Cel'rfomia Edison Company or having any objection to the
adoption Thereof may appwr before the Cey Counctl and
i be heard thereon at a public headng ro be iwsid at 5:30 P. M.
on July 13, 2004, in file Gwnbers of the Gig Council locat-
ed in the City Hall at 2110 South Anaheim Roubvard in the
City of Mnheim.
BE IT FURTHER RESOLVED that the City Clerk is here-
. by directed to publish this resolution once, within fifteen
days of the passage hereof, in the Anaheim Bulbtin.
THE FOREGOING RESOLUTION is approved end
adopted by the City Council of the Gry of Maheim this 8th
day of June, 2004, ny Ire following rdl call vote:
AYES: MAYOR/ ILMEMBERS: Pdrgle,
McCracken, Hamandez
NOES: MAYOR lMEMBERS: None
ABSENT: MAYOR/COUNGq,Gr~MBERS: None
ABSTAIN: MAYORJCOUNCN.MEMBERS: TNf
CITY Cif ANAHEIM
ey MAYfitR OF THE tYTY OF ANAHEIM
ATTEST:
CITY CLERK OF 7HE CITY OF ANX1fE1M - _
PuidNh: ArwMim Butlt~'F " ' ~ June 1a; 200{ ;
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