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RES-2011-068RESOLUTION NO. 2011 -068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO AMEND ORDINANCE NO. 5911 GRANTING A NON - EXCLUSIVE FRANCHISE TO ANAHEIM TRANSPORTATION NETWORK TO PROVIDE TRANSPORTATION SHUTTLE SERVICES AND STATING THE TERMS AND CONDITIONS UPON WHICH SAID FRANCHISE IS GRANTED, AND ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SAID AMENDMENT. WHERAS, on April 27, 2004, the City Council of the City of Anaheim adopted Ordinance No. 5911 granting a non - exclusive franchise to the Anaheim Transportation Network ( "ATN ") to provide resort transportation shuttle services within The Anaheim Resort and other areas within the City of Anaheim and stating the terms and conditions upon which said franchise is granted ( "Franchise "); and WHEREAS, on May 5, 2011, the ATN submitted an application to amend the Franchise (the "Amended Application ") to provide resort transportation services within the City of Anaheim and other designated areas; 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 Amended Application submitted by the ATN is in strict compliance with the Charter of the City and all applicable laws, and does hereby make the following findings with regard to said Amended Application: 1. That ATN currently provides resort transportation services within the City of Anaheim and other designated areas of the same general type and in the same general manner as set forth in said Amended Application and that said existing service is adequate to serve the City of Anaheim; 2. There are no other providers that service more than one Anaheim Resort motel/hotel. There are only three hotels in The Anaheim Resort that currently provide their own shuttle. The Franchise for the ATN is non - exclusive and approval of an amendment thereof will not adversely affect any other providers of resort transportation services in the City, or result in a deterioration of customer base and /or ability to adequately provide safe, reliable, economic service to the remaining customers of any other service provider; 3. That the term and proposed service territory of the requested amendment to the non- exclusive Franchise as set forth in the Amended Application has been considered and weighed by the City Council in its determination; -1- 4. That the applicant has the ability to provide environmentally friendly, economic, reliable service to its proposed customers, utilizing clean fuel vehicles; 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 or rights -of -way; 6. That the proposed amendment of the Franchise will not affect the financial obligations of existing service providers and to our knowledge will not affect the ability of such service providers to obtain future financing; 7. That the proposed amendment of the Franchise will provide the following short and long term benefits to the customers to be served by the applicant: provide dependable and efficient, low cost, transportation services to visitors, residents and workers within the service area, eliminating the need for persons unfamiliar with the City and the location of its attractions to provide or be dependent upon other forms of transportation within and around the service area, and provide resort transportation services utilizing clean fuel vehicles in keeping with the Specific Plan requirements for The Anaheim Resort and the Platinum Triangle Master Land Use requirements. 8. That the proposed amendment of the Franchise will benefit the health, welfare and safety of the City and its residents by assuring that such services are provided by the required use of clean fuel vehicles, trained professional drivers, regular service routes, and reduction of the number of vehicles trips within the service area; and WHEREAS, the City Council has determined that the proposed amendment of the Franchise to ATN for resort transportation services is statutorily exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 21080(b)(10) of the California Public Resources Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby approve the Amended Application submitted by the ATN and does hereby declare its intention to adopt an Ordinance amending the Franchise to the ATN to provide resort transportation services within the limits of the City of Anaheim, including The Anaheim Resort, the Platinum Triangle including the Honda Center, the Angel Stadium of Anaheim and surrounding areas, the downtown area of the City of Anaheim, and such other locations in the City that may be designated by the City Manager; provided that a minimum of 98 percent or more of the annual vehicle trip miles shall be within the City of Anaheim. BE IT FURTHER RESOLVED that any persons having any interest in the proposed amendment of the Franchise to the ATN 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 o'clock P.M. on July 19, 2011, in the City Council Chamber located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. -2- BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish this resolution twice, once a week for two successive weeks, in the Anaheim Bulletin. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of May , 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF A By: MA OR OF THE CI Y OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF A AHEIM 83131.v 1 /MGordon -3-