2005-082RESOLUTION N0.2005- 82
A RESOLUTION OF THE CITY COUNCIL OF THE CTfY OF
ANAHEIM DECLARING 1TS INTENTION TO ADOPT AN
ORDINANCE GRANTING TO SOUTHERN CALIFORNIA
EDISON COMPANY, 1TS SUCCESSORS AND ASSIGNS, A
.., NON-EXCLUSIVE FRANCHISE TO USE AND TO
CONSTRUCT AND USE, SOLELY FOR TRANSMITTING
ELECTRICITY THROUGH THE CITY OF ANAHEIM
{EXCEPT 1N CASES OF SUBSEQUENT ANNEXATIONS AND
OF CUSTOMERS SERVED UNDER FRINGE AGREEMENTS),
POLES, WIRES, CONDUITS ANDIOR 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 base and/or ability of Anaheim Utilities to adequately provide
safe, reliable, economic service to its customers in the City of Anaheim;
3. That the teen 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 the ability under the requested Franchise to provide
service without unduly interfering with existing facilities (service providers) using the
public streets orrights-o€ way;
b. 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 anon-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 fran the California
Environmental Quality Act ("CEQA") as a Class 1 Project (14 Ca1.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 anon-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 and to repeal Ordinance No. 5931 in
its entirety,
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 dune 7, 2005,in the Chambers of
the City Council located in the 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 _ day of ~a~ , 2005 by the
following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF A E1M
By
MAYO OF THE CITY O AN IM
ATTEST:
r
CI Y CLER OF E CITY OF ANAHEIM
57833'
AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA,
ss. RESOLUTION MO..20Q54)2
County of Orange ARo irY p t g l p a r Jol °THt`,�irx F. IT
�0 DINAIJC7 CiRANTING�TO SOUTH
EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS,
I am a citizen of the United States and a resident A NON EXCLUSIVE FRANCHISE TO USE AND TO
CONSTRUCT AND USE, SOLELY FOR TRANSMITTING
TRICITY THOUGH THE CITY OF ANAHEIM of the County aforesaid; I am over the age Of Proo: E IN CASES OF SUUB SUBSEQUENT ANNEXATIONS AND
CUSTOMERS SERVED UNDER FRINGE AGREEMENTS), CONDUITS eighteen years, and not a party to or interested in POLES N, AL NG, AC OS S, UPON, OVER AN UNDER T E'
PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE WITHIN SAID
ME NOW OR MAY HEREAFTER the above-entitled matter. I am the principal MUNICIPALITY, ESTABLISHING A TI AND DATE OF
A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE
clerk of the Anaheim Bulletin, a newspaper that AND A FEE IN SUPPORT OF SUCH FRANCHISE.
WHEREAS, Southern California Edison Company
"SCE submitted an application for non exclusive Fran-
has been adjudged to be a newspaper of general chise (the "Application to transmit electricity in, along,
across, upon, over and under the public streets, ways, al-
circulation by the Superior Court of the County leys 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
of Orange, State of California, on December 28, set forth 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
1951, Case No. A 21021 in and for the City of Charter of the City and all applicable laws, and does hereby
make the following findings with regard to said Application:
Anaheim, County of Orange, State of California; 1. That the Anaheim Public Utilities Department
(Anaheim Utilities) currently provides electric services to resi-
that the notice, of which the annexed is a true dents and businesses within the City of Anaheim and that
said existing service is adequate to serve the City of
Anaheim;
printed copy, has been published in each regular 2. The Franchise for SCE is non exclusive and approval
thereof will not adversely affect provision of electric services
and entire issue of said er and a d not in any by Anaheim Utilities, or result in a deterioration of customer
I� Ii y base and/or ability of Anaheim Utilities to adequately pro-
vide safe, reliable, economic service to its customers in the
supplement thereof on the following dates, to City of Anaheim;
3. That the term and proposed service territory of the re-
wit: quested non exclusive Franchise is as set forth in the Appli-
cation and have been considered and weighed by the City
Council in its determination;
4. That the applicant has the ability to provide econom-
ic, reliable service to its customers in its service territory,
May 19, 2005 subject to the requirements of applicable state law and un-
3 der the jurisdiction of the California Public Utilities Commis-
sion;
5. That the applicant has the ability under the requested 1
"I certify (or declare) under the penalty of Franchise to provide service without unduly interfering with
existing facilities (service providers) using the public streets
or rights -of -way;
per under the laws of the State of California 6.That the proposed ordinance approving the non-
exclusive franchise will not affect the financial obligations of
that the foregoing is true and correct Anaheim Utilities and to the best of the City's information
and belief will not affect the ability of Anaheim Utilities to ob-
tain future financing;
7. That the proposed Franchise will allow applicant to
Executed at Santa Ana, Orange County, and maintain facilities used to provide electric serv-
g y> ice to its customers in applicant's service territory;
California, on S. That the proposed Franchise will benefit the health,
welfare and safety of the City and its residents by providing
sites on applicants rights of ways in the City of Anaheim for
Date: May 19, 2005 development of much needed public recreational facilities
y 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 anon- exclusive franchise to Southern California
Edison Company for transmitting electricity in, alongg,
across, upon, over and under the public streets, ways, al-
Signal nature lays and places within the City of Anaheim utilizing existing
g facilities is categorically exempt from the California Environ-
mental Quality Act CEQA') as a Class 1 Project (14
Cal.Code Reg., 15301 (Existing Facilities), including sub
Anaheim Bulletin section (c).
625 N. Grand Ave. NOW THEREFORE BE IT RESOLVED that the City
Council of the City of Anaheim does hereby approve the Ap-
Santa Ana, CA 92701 plication of SCE and does hereby declare its intention to
adopt an Ordinance granting a non- exclusive franchise (the
(714) 796 -2209 "Franchise to SCE to transmit electricity in, along across,
upon, over and under the public streets, ways, alleys and
PROOF OF PUBLICATION places within the City of Anaheim and to repeal Ordinance
No. 5931 in its entirety.
BE IT FURTHER RESOLVED that the terms and condi-
tions of the proposed Franchise are included within a pro-
posed 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.
rM on June 7, 2005,in the Chambers of the City Council local-
ad in the City Hall at 200 South Anaheim Boulevard in the