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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{ ; 25_93g___ 623