RES-2019-080 RESOLUTION NO. 2019 - 0 8 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO ADOPT AN
ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO
CHAPMAN UNIVERSITY 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, Chapman University, ("Chapman University") submitted an application for a
non-exclusive franchise dated September 13, 2018 (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 Chapman University 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. 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. The Chapman Grand is a 399-unit apartment building
being operated as a Chapman University off-campus residence hall.
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 and the Chapman Grand.
The Franchise for the 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; and
3. That the term shall be for a period of seven (7) years, unless earlier terminated by
the City Council. Said Franchise may be extended indefinitely by the City Manager in two (2)
year increments upon request of the Franchisee provided the City Manager determines that the
Franchise has been exercised in a manner consistent with the Regulations and with the terms and
conditions of such Franchise during the initial seven(7)year period and such subsequent two-year
extensions. The proposed service territory of the requested non-exclusive Franchise is as set forth
in the Application and may be expanded by the City Manager. The term and the proposed service
territory has 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 a dependable, free, safe and efficient
transportation alternative to using a personal vehicle to travel from Chapman Grand 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 granting of a non-exclusive franchise
to Chapman University for 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 Application of Chapman University and does hereby declare its intention
to adopt an Ordinance granting a non-exclusive franchise(the"Franchise")to Chapman University
for transportation services within the limits of the City of Anaheim to the Chapman Grand 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 Chapman University dated September 13, 2018). 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.
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BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid grant
of Franchise to Chapman University 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
August 27, 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 for two consecutive weeks(July 25, 2019 and August 1, 2019)in the Anaheim Bulletin.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 16 day of July , 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 O' ANAHEIM
By 1,".4 4 1
• • ' OF THE I ' •F ANAHEIM
A
CITY CLERK 0 THE CITY OF ANAHEIM
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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. 2019-080 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 16th day of July, 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 July, 2019.
CITY CLERK F THE CITY OF ANAHEIM
(SEAL)