RES-2019-034 RESOLUTION NO. 2019 -0 3 4
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
TRANSPORTTION SHUTTLE SERVICES AND STATING THE
TERMS AND CONDITIONS UPON WHICH SAID FRANCHISE IS
AMENDED,AND ESTABLISHING A TIME AND DATE OF A PUBLIC
HEARING TO CONSIDER SAID AMENDMENT.
WHEREAS, 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 service 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 July 19,2011,the City Council of the City of Anaheim adopted Ordinance
No. 6219 granting an amendment to the Franchise to extend the term of the Franchise by seven(7)
years; change the requirement to allow vehicle trips to extend outside of the City provided that a
minimum of 98 percent or more of the annual vehicle trip miles shall be within the City; set design
criteria for buses; and, update the requirements to reflect current system operations("First
Amendment to Franchise"); and
WHEREAS,on March 4,2019,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 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 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;
4. That the applicant has the ability to provide environmentally friendly, economic,
reliable service to its proposed customers,utilizing clean fuel and electric 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 provider to obtain future fmancing;
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 a dependable and
efficient,low cost,transportation service 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 and electric 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 for resort transportation services is statutorily exempt from the California Environmental
Quality Act("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 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 or his or her designee; 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 or having any objection to the adoption thereof may appear before
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the City Council and be heard thereon at a public hearing to be held at 5:30 o'clock P.M. on May
7, 2019, 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, once a week for two consecutive weeks in the Anaheim Bulletin.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 16 day of April ,2019,by the following roll call vote:
AYES: mayor Sidhu and Council Members Kring, Barnes,
Brandman, Moreno, Faessel, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF , • • EIM
By / I Ii' 7 O'' OF THE 7 TY O'ANAHEIM
A
CLERK OF TH CITIV-erF ANAHEIM
131870.2
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2019-034 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 16th day of April, 2019 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno,
Faessel, and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of April, 2019.
(fs )--- .
CITY CLERK OFT CITY OF ANAHEIM
(SEAL)