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RES-2015-197RESOLUTION NO. 2015 -1 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO ADOPT AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CENTER OF THE UNIVERSE LLC FOR TRANSPORTATION SERVICES WITHIN THE CITY OF ANAHEIM, ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE AND A FEE IN SUPPORT OF SUCH FRANCHISE WHEREAS, Center of the Universe LLC ("Center of the Universe") submitted an application for non-exclusive franchise dated May 2015 (the "Application") to provide transportation services 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 Center of the Universe 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 Application: 1. The success of recent development in the center of the City continues as more visitors are attracted to the Packing District and Center Street Promenade; the expansion of the Packing District to the south side of Santa Ana will increase the popularity of the area, as will the new restaurants and shops on Center Street Promenade; additionally, St. Joseph Heritage Healthcare is bringing 800 employees to the former AT&T building in late summer; therefore, one of the greatest challenges remains educating patrons to use public parking structures located within walking distance of the locations; a circulating trolley would serve as a needed parking shuttle between the structures and the Packing District and support visitor circulation and wider exposure of the historical downtown area and its amenities and there is no such existing transportation providing such a "circulator" service and, therefore, this type of service would enhance the experience of circulating between the public parking structures and venues along Center Street Promenade and the Packing District; and 2. Current Franchisee ATN provides very specific transportation services to the Resort Area and other areas of the City of Anaheim. However, there are no other providers of the proposed trolley -type transportation that shuttle Center City visitors to and from public parking structures in the Center City area. The Franchise for the Center of the Universe is non- exclusive and approval thereof will not adversely affect any other providers of transportation services in the City, or result in a deterioration of customer base and/or ability to adequately provide safe, reliable, economic service to their remaining customers; and 3. That the term and proposed service territory of the requested non-exclusive Franchise is as set forth in the Application and expanded by the City Manager and have been considered and weighed by the City Council in its determination; and 4. That the applicant has the ability to provide friendly, economic, reliable service to its proposed customers; and 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; and 6. That the proposed ordinance approving the non-exclusive franchise will not affect the financial obligations of the existing service providers and to our knowledge will not affect the ability of such service providers to obtain future financing; and 7. That the proposed Franchise will provide the following short and long term benefits to the customers to be served by the applicant: provide dependable and efficient, transportation services to visitors, residents and workers within the service area; transverse public streets within the proposed service territory for the purpose of shuttling Center City visitors to public parking structures; support visitor circulation and wider exposure of the historical downtown area and its amenities; add an authentic, vintage, historical and entertainment parking and shuttle experience at no cost on Fridays, Saturdays and Sundays; and 8. That the proposed 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 trained professional drivers, regular service routes, and reduction of the number of vehicles trips within the service area. WHEREAS, the City Council has determined that the granting of a non-exclusive franchise to Center of the Universe LLC for transportation services is statutorily exempt from CEQA per Section 21080(b)(10) of the California Public Resources Code as this request involves passenger transportation service on existing streets. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim does hereby approve the Application of the Center of the Universe and does hereby declare its intention to adopt an Ordinance granting a non-exclusive franchise (the "Franchise") to the Center of the Universe to provide transportation services within the limits of the City of Anaheim, including the Packing District, MUZEO and Center Street Promenade and other locations that may be designated by the City Manager. BE IT FURTHER RESOLVED that the terms and conditions of the proposed Franchise are included within a proposed uncodified ordinance which ordinance incorporates Exhibit "A" (the Application and Proposal of the Center of the Universe dated May 2015). Copies of the proposed uncodified ordinance, including Exhibit "A" thereof, 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 to be paid to the City during the life of the Franchise in an annual amount equaling One Dollar ($1.00) per fiscal year. BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid grant of Franchise to Center of the Universe 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 21, 2015, 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 twice, 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 1 6th day of June 2015, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None ATTEQ_ CITY CLERK OF THE CITY OF ANAHEIM 109578 3 CITY0 A?AHEIN By MAN OR OF THE CITY OF ANAHEIM RESOLUTION NO.2015-197 f s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM DECLARING ITS INTENTION TO ADOPT AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CENTER OF AFFIDAVIT OF PUBLI THE UNIVERSE LLC FOR TRANSPORTATION SERVICES WITH- • r V IN AND AROUND THE CITY OF ANAHEIM PACKING DISTRICT, ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE AND A FEE IN SUPPORT OF SUCH FRANCHISE 'NATE OF CALIFORNIA, ) WHEREAS,Center of the Universe LLC("Center of the Universe")submitted an appli- cation for non-exclusive franchise dated May 2015(the"Application")to provide transporta SS. tion services within and around the City of Anaheim Packing District;and County of Orange ) 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 Center of the Universe is in strict compliance with the Charter of the City and all applicable laws, 1 am a citizen of the United States and a resident and does hereby make the following findings with regard to said Application: 1.The success of recent development in the center of the City continues as more visittors cn of the County aforesaid; I am over the age of the Packing Districtritoto hthe soute h side of Santa Anrict and a wiler l increasetreet rthe popularenade; ity ofthei area as will the new restaurants and shops on Center Street Promenade;additionally,St.Jo- seph eighteen years, and not a party to or interested in Heritage e the efoorHealthcare ,o eeof the grreatestc hallenges remains educating AT&T s building 9s in tate• 9 g patrons la use public parking structures located within walking distance of the locations; a circulating trolley the above-entitled matter. I am theprincipal awnodsduspeprvort vaissarneeded tpoanrkainngd shuttle ebxpeotwseueren othehsetrhuicstosaadndowthneowPancakirnega aDnisdtc amenities and there is no such existing transportation providing such a"circulator"service ,: clerk of the Anaheim Bulletin, a newspaper that the public parking strs uctures and venues of service dalo g Center enhance StreetrPromenade and the Packing District;and has been adjudged to be a newspaper of general 2.Current Franchisee ATN provides very specific transportation services to the Re- sort Area and other areas of the City of Anaheim. However,there are no other providers of the circulation by the Superior Court of the County parkngproposed theCenter City ytarea.ion that he Franchise for tshuttle Center he Centertof the Universe is non-exclusive and approval thereof will not adversely affect any other providers of trans- of Orange, State of California, on December 28, adequately provide tion services in reliable,or recotnom c st in a ervice a to their remaerioration of ining customers and ability to 1951, Case No. A-21021 in and for the City of3.That the term and proposed service territory of the requested non-exclusive Fran- chise is as set forth in the Application and expanded by the City Manager and have been considered and weighed by the City Council in its determination;and Anaheim, County of Orange, State of California; 4.That the applicant has the ability to provide friendly,economic,reliable service to that the notice, of which the annexed is a true its proposed customers;and 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 printed copy, has been published in each regular or rights-of-way;and and entire issue of said newspaper and not in any6.That the proposed ordinance approving the non-exclusive franchise will not affect the financial obligations of the existing service providers and to our knowledge will not t0 af- fect the ability of such service providers to obtain future financing;and supplement thereof on the following dates, -7.That the proposed Franchise will provide the following short and long term bene- fits to the customers to be served by the applicant: provide dependable and efficient, wit: transportation services to visitors,residents and workers within the service area;transverse public streets within the proposed service territory within and aound the Anaheim Packing District for the purpose of shuttling Center City visitors to public parking structures;support June 25,July 2, 2015 visitor circulation and wider exposure of the historical downtown area and its amenities; add an authentic,vintage,historical and entertainment parking and shuttle experience at no cost on Fridays,Saturdays and Sundays;and "I certify (or declare) under thepenaltyof 8. That the proposed Franchise will benefit the health,welfare andsafetyof the City and its residents by.assuring that such services are provided bythe required use of trained professional drivers,regular service routes,and reduction of the number of vehicles perjury under the laws of the State of California trips within the service area. WHEREAS,the City Council has determined that the granting of a non-exclusive fran- chise to Center of the Universe LLC for transportation services is statutorily exempt from that the foregoing is true and correct": CEQA per Section 21080(b)(10)of the California Public Resources Code as this request in- volves passenger transportation service on existing streets, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim does hereby approve the Application of the Center of the Universe and does herebyy de- clare Executed at Santa Ana, Orange County, chise")to the Center of tts intention to he Unit an verse to prrdinanceovidettransportationlsery services witusive h n the limits of California,on the City of Anaheim,including the Packing District,MUZEO and Center Street Promenade and other locations that may be designated by the City Manager. BE IT FURTHER RESOLVED that the terms and conditions of the proposed Fran Date: July 2,2015 chise are included within a proposed uncodified ordinance which ordinance incorporates. .- Exhibit"A"(the Application and Proposal of the Center of the Universe dated May 2015).. Copies of the proposed uncodified ordinance,including Exhibit"A"thereof,are available for public review in the Office of the City Clerk located in the City Hall at 200 South Ana-- heim Bbulevard in the City of Anaheim. • BE IT FURTHER RESOLVED that the City Council will consider establishing a frau chise fee to be paid to the City during the life of the Franchise in an annual amount equal- ing One Dollar($1.00)per fiscal year. BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid 'grant of Franchise to Center of the Universe 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 21,2015,in the Chambers of the City Council located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. Signature BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish this rill olution twice,within fifteen days of the passage hereof,in the Anaheim Bulletin. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the' Anaheim Bulletin City of Anaheim this 16th day of June ,2015,by the following roll call vote: 625 N.Grand Ave. AYES: Mayor Tait and Council Members Kring,Murray,Brandman and Vanderbilt '"^' Santa Ana,CA 92701 NOES: None (714)796-2209 ABSENT: None ABSTAIN:None M1. CITY OF ANAHEIM By !s/ MAYOR OF THE CITY OF ANAHEIM ATTEST: CITYY CLERK OF THE CITY OF ANAHEIM Publish:Anaheim Bulletin June 25,July 2,2015 1006152r'