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RES-2024-041RESOLUTION NO.2024 - 0 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO AMEND ORDINANCE NO. 6469 GRANTING A NON-EXCLUSIVE FRANCHISE TO CHAPMAN UNIVERSITY FOR TRANSPORTATION SERVICES WITHIN AND AROUND THE CITY OF ANAHEIM 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 September 10, 2019, the City Council of the City of Anaheim adopted Ordinance No. 6469 granting a non-exclusive franchise to Chapman University ("Chapman") to provide transportation shuttle services connecting Chapman University Main Campus in the City of Orange with the Chapman Grand, located at 915 E. Katella Avenue at the northwest corner of Katella Avenue and Betmor Lane, in the City of Anaheim's Platinum Triangle and stating the terms and conditions upon which said franchise is granted ("Franchise"); and WHEREAS, on December 18, 2023, Chapman submitted an application to amend the Franchise (the "Amended Application") for the operation and extension of the Chapman University shuttle in the City of Anaheim to service the new student housing project (Chapman Court) located at 2045 South State College Boulevard; 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 Chapman 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 Chapman University proposes to operate a transportation shuttle service connecting the Chapman University Main Campus in the City of Orange with the Chapman Grand, located at 915 E. Katella Avenue at the northwest corner of Katella Avenue and Betmor Lane, in the City of Anaheim's Platinum Triangle and new student housing project Chapman Court located at 2045 South State College Boulevard. 2. That current Franchisee Anaheim Transportation Network (ATN) provides very specific transportation services to The Anaheim Resort Area and other areas of the City of Anaheim. However, there are no other providers of the proposed shuttle -type transportation that operate shuttle services to and from Chapman University Main Campus, Chapman Grand and Chapman Court. The Franchise for Chapman University 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. 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 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 a dependable, free, safe and efficient transportation alternative to using a personal vehicle to travel from Chapman Grand and Chapman Court to the Chapman University Main Campus, resulting in an overall reduction of vehicle trips; provide shuttle service using compressed natural gas (CNG) vehicles for the benefit of the environment; and, provide for the City Manager to approve additional stops in Anaheim, including to CtrCity Anaheim destinations, which would enhance access to these areas, reduce vehicle trips and further activate local restaurant, retail and recreational opportunities; 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 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 Chapman and does hereby declare its intention to adopt an Ordinance amending the Franchise for the operation and extension of the Chapman University shuttle in the City of Anaheim to service the new student housing project (Chapman Court) located at 2045 South State College Boulevard. 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-1" (the Application and Proposal of Chapman University dated December 18, 2023). Copies of the proposed uncodified ordinance, including Exhibit "A-l" thereof, are available for public review IN 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 any persons having any interest in the proposed amendment of the Franchise 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. or as soon thereafter as the matter may be heard, on June 18, 2024, in the Council Chamber located at Anaheim City Hall at 200 South Anaheim Boulevard, Anaheim, CA 92805. 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 2 ]_ day of _ ma 3 , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None A lCtER4 OFTHE CITY OF ANAHEIM 151356 3 CITY 011ANAHEIM By MAYOR OF TI CITY OF ANAHEIM 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. 2024-041 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 211 day of May, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 22"d day of May- 2024. Cl C hK OF THE CITY OF ANAHEIM (SEAL)