6469 ORDINANCE NO. 6 4 6 9
AN (UN-CODIFIED) ORDINANCE OF THE CITY OF ANAHEIM
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 GRANTED BASED
UPON THE FINDING AND DETERMINATION THAT SAID
ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 21080(b)(10) OF THE CALIFORNIA PUBLIC RESOURCES
CODE.
WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the
"Charter")establishes procedures for the award of franchises by the City;provides that any person,
firm or corporation furnishing the City or its inhabitants with transportation may be required by
ordinance to have a franchise therefor;and further provides that the City Council is empowered to
grant such franchises and to establish additional procedures and terms and conditions of such
grants; and
WHEREAS, the City Council has heretofore adopted Section 1.02.010 requiring any
person,firm or corporation furnishing the City or its inhabitants with transportation to have a valid
and existing franchise therefor; and
WHEREAS,the City has received an application and proposal from Chapman University,
a California not-for-profit public benefit corporation, for a non-exclusive franchise 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, a copy of which
application and proposal shall remain on file in the Office of the City Clerk,is referred to as Exhibit
"A"and is incorporated herein by such reference as though set forth at length; and
WHEREAS, the Chapman Grand is a 399-unit apartment building being operated as a
Chapman University off-campus residence hall.
WHEREAS, 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.
WHEREAS, Chapman University has the ability to provide economic, reliable service to
its proposed customers; and
WHEREAS, Chapman University 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
WHEREAS, 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
WHEREAS,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 vehicle trips within the
service area; and
WHEREAS,the City Council of the City of Anaheim heretofore reviewed the Application
and Proposal for Non-Exclusive Franchise submitted by Chapman University and considered the
information presented therein, and has considered the proposed terms and conditions set forth in
the staff reports and recommendations and other relevant information relating thereto; and
WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City
Council did adopt its Resolution No.2019-080,making certain findings,approving the application
and declaring its intention to grant a non-exclusive franchise to Chapman University to operate a
transportation shuttle service connecting the Chapman University Main Campus in the City of
Orange with the Chapman Grand in the City of Anaheim and such other locations in the City of
Anaheim as may be designated by the City Manager, or his or her designee (hereinafter "City
Manager");stating the terms and conditions upon which it was proposed to grant the franchise(the
"Franchise"); and establishing the date, hour and place when and where any persons having any
interest therein or objection thereto could appear and be heard thereon; and
WHEREAS,notice of said public hearing was published and otherwise given in the manner
required by Article XIV of the Charter; and
WHEREAS, on August 27, 2019, the City Council commenced the duly noticed public
hearing upon said Proposal and the proposed grant of a Franchise to Chapman University to
operate a shuttle system connecting the Chapman University Main Campus in the City of Orange
with the Chapman Grand in the City of Anaheim and such other locations in the City of Anaheim
as may be designated by the City Manager, at which public hearing the City Council did hear
testimony and consider evidence from persons having any interest in the proposed franchise, and
did consider any and all objections thereto; and
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WHEREAS, the City Council hereby overrules all objections to the proposed grant of a
Non-Exclusive Franchise to Chapman University in accordance with the terms and conditions and
subject to the limitations hereinafter set forth; and
WHEREAS,pursuant to the California Environmental Quality Act(Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
Implementation of the California Environmental Quality Act(commencing with Section 15000 of
Title 14 of the California Code of Regulations;herein referred to as the"State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents
for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Section 21080(b)(1) of the California Public Resources Code as this request
involves passenger transportation service on existing streets; and
WHEREAS, Chapman University is qualified under the provisions of Article XIV of the
Charter of the City of Anaheim and the terms and conditions established pursuant to Chapter 1.03
of Title 1 of the Anaheim Municipal Code to be granted the requested non-exclusive franchise.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. GRANT OF FRANCHISE
The City Council hereby grants a non-exclusive franchise (hereinafter "Franchise") to
Chapman University(hereinafter"Franchisee")for the operation of a transportation shuttle system
connecting the Chapman University Main Campus in the City of Orange with the Chapman Grand
in the City of Anaheim and such other locations in the City of Anaheim as may be designated by
the City Manager.
SECTION 2. TERMS AND CONDITIONS OF FRANCHISE
The terms and conditions upon which said Franchise is granted, and with which the
Franchisee is hereby expressly required to comply, are each of those certain terms, conditions,
limitations, representations and requirements as expressly set forth in (i) the Application and
Proposal submitted by Franchisee, Exhibit "A" herein; and (ii) the terms and conditions of this
Ordinance(collectively referred to herein as the"Regulations"). The Regulations are incorporated
herein by this reference as if set forth in full. The aforesaid documents are on file, and available
for public inspection,in the Office of the City Clerk of the City of Anaheim during regular business
hours. If there are conflicts between or among the provisions of this Ordinance and Exhibit"A,"
this Ordinance shall apply. Franchisee shall operate its Franchise in conformance with this
Ordinance and Exhibit "A" and shall not permit the operation of transportation vehicle under its
ownership or control, except in accordance with this Ordinance and Exhibit"A."
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SECTION 3. TERM OF FRANCHISE
Upon timely acceptance hereof in accordance with Section 1405 of Article XIV of the
Charter,the term of this Franchise 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. Each two-year extension shall be requested in writing by the Franchisee to the City
Manager of the City of Anaheim, or his or her authorized representative, not later than thirty(30)
days prior to the date of expiration of the initial seven year period and each such subsequent two
year extension thereof. Failure to request any two-year extension within the time period specified
shall be deemed a waiver of said annual extension. The term of this Franchise shall commence
upon the later of either the effective date of this ordinance or the date of acceptance of this
Franchise by the Franchisee and submission of evidence of compliance with the insurance
requirements and any other terms and conditions of this Ordinance,as required pursuant to Section
1403 of the Charter.
SECTION 4. FRANCHISE FEES
Franchisee shall pay a Franchise fee to the City during the life of such Franchise. The
amount of the Franchise fee shall be One Dollar($1.00)per fiscal year. The first payment of such
Franchise fee shall be due and payable within thirty(30)days of the effective date of the Franchise.
Thereafter,the Franchise Fee shall be due and payable July 1 of each such subsequent year.
The payment of Franchise fees to the City by the Franchisee pursuant to this ordinance
shall be in addition to any license fee or business license tax prescribed by the City.
SECTION 5. TERMINATION OF NONEXCLUSIVE FRANCHISE BY THE CITY
COUNCIL
The City Council shall have the right to terminate or to suspend this Franchise for reasons
and pursuant to procedures set forth in this Section.
A notice of intent to terminate this Franchise shall be personally delivered or mailed by
certified mail, at the discretion of the City, to Franchisee herein at the address given on the
application pursuant to which this Franchisee is issued. The notice shall state the grounds for
termination and shall give the Franchisee notice of a hearing before the City Council thereon,
which shall be convened no more than 15 days after the date of notice unless the time for such
hearing is extended by mutual agreement. The hearing shall be conducted and closed,and decision
rendered thereon, within 60 days after the date of the notice unless the time therefor is extended
by mutual agreement.
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The City Council shall have the right to terminate the Franchise granted herein, by
ordinance, if the City Council finds, based upon a preponderance of the evidence, after a public
hearing,that the Franchisee has failed to comply with any term, condition or other requirement of
the Franchise or that Franchisee has failed to pay the Franchise fees required under this ordinance
or has violated any provision of this ordinance granting the Franchise,or any ordinance of the City
or any law or regulation of the state or of the United States in connection with the performance of
this Franchise or that Franchisee's conduct demonstrates that the Franchisee is unable or unwilling
to comply with the terms of this Franchise.
In its discretion,the City Council may appoint a Hearing Officer to conduct such revocation
hearing, receive such evidence as is properly introduced, take testimony thereon, and render a
recommendation to the City Council on the issue before the Hearing Officer. The Hearing Officer
shall be a Stipulated Hearing Officer selected by the mutual agreement of the parties by alternately
striking names from a list of at least seven(7)qualified hearing officers provided by the California
State Mediation and Conciliation Service. If the Parties are unable to reach agreement upon the
selection of a hearing officer within sixty(60)days of notice from the City Council of its intent to
terminate the Franchise, the City Council may appoint an Employee Hearing Officer to serve as
the hearing officer. Definitions of"Stipulated Hearing Officer," "Employee Hearing Officer,"
"hearing"and"Hearing Officer" as set forth in Section 1.12.110 of the Anaheim Municipal Code
shall apply to this Section 5.
At a regularly scheduled meeting held within sixty (60) days following the conclusion of
the public hearing, or within sixty (60) days following the issuance of the hearing officer's
recommendations, if the matter has been referred to a hearing officer pursuant to this Section,the
City Council shall by motion adopt, reject or modify the findings of the hearing officer by a vote
of no less than three members. If the recommendation of the hearing officer is modified or
rejected,the City Council shall determine the issue at that time and may instruct the City Attorney
to prepare a proposed written decision in accordance with the action of the City Council. The City
Council shall adopt or modify such written decision by motion within twenty-one(21)days of its
action requiring preparation of a written decision. The adoption of a dispositive motion by the
City Council shall be final and conclude the administrative process. Notice of the final decision
of the City Council shall be provided by certified mail to the Franchisee.
SECTION 6. TEMPORARY SUSPENSION OF FRANCHISE
The City Manager may temporarily suspend any Franchise without a hearing, whenever
the continued operation by the Franchisee would constitute a danger to public health, safety,
welfare or public morals, including, without limitation, where there is a failure to maintain the
minimum levels and standards of liability insurance or claims reserve or failure to keep in full
force and effect any applicable licenses or permits required by federal, state or local law or failure
to pay the Franchise fees. The notice of temporary suspension shall be either (1) personally
delivered to the Franchisee at the address on the application pursuant to which this Franchise was
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issued, or (2) mailed by certified mail to the Franchisee at the address given on the application
pursuant to which this Franchise was issued. The temporary suspension is effective upon the
earlier of either delivery of said notice or the expiration of five (5) days from the date of mailing.
The notice of temporary suspension shall include a notice of the date and time for a termination
hearing and all other information. The temporary suspension shall remain effective until the
decision on termination is made in accordance with the procedures set forth in Section 5 above.
SECTION 7. NON-ALIENATION OF FRANCHISE
The grant of this Franchise pursuant to this ordinance is a privilege to be held in public
trust by Franchisee. Such Franchise shall not be sold, leased, transferred, assigned, or otherwise
disposed of, either in whole or in part,whether by forced sale, merger, consolidation,bankruptcy,
reorganization under bankruptcy laws or otherwise, without the prior written consent of the City
Council. The consent of the City Council shall be subject to such terms and conditions as it may
prescribe. Any attempted sale, lease, transfer, assignment or other attempted disposition of this
Franchise without the prior written consent of the City Council shall render said Franchise null
and void.
SECTION 8. CITY INSPECTION AUTHORITY
The Franchisee shall at all times maintain accurate and complete accounts of all revenues
and income arising out of its operations under the Franchise granted pursuant to this ordinance, a
list of vehicles in use for shuttle transportation, any complaints by patrons and such other
information as is necessary to verify compliance with the terms of the Franchise granted hereunder.
Franchisee's books,accounts and records pertaining to compliance with the terms of this Franchise
shall at all reasonable times be open to inspection, examination and audit by authorized officers,
employees and agents of the City. The refusal of the Franchisee to provide the required records
for inspection by the City shall be deemed a violation of the Franchise and shall be cause for
temporary suspension or termination of the Franchise. Any proprietary data provided to the City
shall be maintained as confidential to the extent permitted by law. Driver records, maintenance
records and accident reports shall be maintained for length of the franchise award and shall be
made available upon request to City.
With reasonable notice, the City shall have the right to enter the premises used by
Franchisee or its contractors for the purpose of inspecting and auditing all books and records which
pertain to this Franchise and performance by Franchisee hereunder. With reasonable notice, the
City shall also have the right to enter the premises used by Franchisee or its contractors for the
purpose of inspecting vehicles that are used to provide services under this Franchise. Neither the
exercise of this right nor the election not to exercise this right shall impose any liability of any
kind or nature upon City. The City shall notify Franchisee that City representatives are on the
premises and City representatives shall be required to comply with any security measures in place
on the premises.
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SECTION 9. POWERS RESERVED TO THE CITY
In addition to all other rights reserved to the City under this ordinance or otherwise, the
following shall apply.
There is reserved to the City every right and power, and the exercise thereof, which is
reserved or authorized by any provisions of any lawful ordinance or resolution of the City,whether
enacted before or after the effective date of this ordinance.
Neither the granting of this Franchise nor the provisions of this Franchise shall constitute
a waiver of or a bar to the exercise of any governmental right or power of the City.
The Franchisee shall have no recourse whatsoever against the City, its officers,employees
or agents, for any loss, cost expense or damage arising out of any provision or requirement of this
ordinance or of the Franchise issued herein or because of the enforcement of this ordinance.
There is expressly reserved to the City the power and authority to amend any section of
this ordinance so as to require additional or greater standards on the part of the Franchisee and the
power and authority to increase the Franchise fees to be paid by the Franchisee.
SECTION 10. INDEMNIFICATION
The Franchisee shall indemnify, hold harmless, release and defend the City, its City
Council and each member thereof, and its officers, employees, commission members and agents
from and against any and all liability,claims, suits,costs,expenses,fines,judgments, settlements,
charges or penalties whatever, including reasonable attorneys fees, regardless of the merit or
outcome of the same arising out of, or in any manner connected with, the operations or services
authorized, conducted or permitted under this Franchise, except to the extent of the City's sole
active negligence or willful misconduct.
SECTION 11. INSURANCE
Without limiting City's right to indemnification, Franchisee shall secure, or cause to be
secured, prior to commencing any activities under this Franchise, and shall maintain, or cause to
be maintained, during the term of this Franchise, including extensions, insurance coverage as
follows:
A. Worker's Compensation as required by California statutes;
B. Comprehensive General Liability Insurance or Commercial General Liability
Insurance, including coverage for Premises and Operations, Contractual Liability,Personal Injury
Liability, Products/Completed Operations Liability, and Independent Contractor's Liability, in an
amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single
limit,written on an occurrence basis;
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C. Comprehensive Automobile Liability coverage,including—as applicable—owned,
non-owned and hired autos, in an amount of not less than Five Million Dollars ($5,000,000.00)
per occurrence, combined single limit,written on an occurrence basis.
D. The City's Risk Manager, is hereby authorized to waive or reduce the requirements
set forth above in the event he determines that such waiver or reduction is in City's best interest.
E. This insurance shall not be cancelled, or limited in scope of coverage, until after
thirty (30) days prior written notice has been given to the City by Franchisee.
F. Each insurance policy required above,except policies for Worker's Compensation,
shall contain the following clauses:
1. "It is agreed that any insurance maintained by Franchisee pursuant to this
Ordinance shall be primary to, and not contribute to, any insurance or self-insurance maintained
by the City of Anaheim.
2. "The City of Anaheim and its officers, agents, employees,representatives and
volunteers are added as additional insureds with respect to operation or activities of, or on behalf
of, the name insured."
G. Prior to commencing any work under this Franchise, Franchisee shall deliver
insurance certificates confirming the existence of the insurance required by this Ordinance, and
including the applicable clauses set forth above.
H. Within thirty (30) days of the acceptance of this Franchise by Franchisee,
Franchisee shall provide to the City endorsements to the above-required policies, which add to
these policies the applicable clauses referenced above. The endorsements shall be signed by an
authorized representative of the insurance company and shall include the signator's company
affiliation and title.
I. Franchisee shall ensure that all Insurance requirements are maintained.
J. Insurance required by this Ordinance shall be placed with insurers, and with terms
and conditions, acceptable to the City of Anaheim's Risk Manager.
The City of Anaheim's Risk Manager is authorized to amend the prescribed minimum
levels and standards of liability insurance which must be maintained in order to apply for, to
receive and to operate the herein Franchise and the manner in which compliance with the minimum
8
standards is demonstrated. The failure to maintain the minimum levels and standards of liability
insurance for any period of time is a violation of this Franchise and shall be sufficient grounds for
temporary suspension or termination of this Franchise.
SECTION 12. NOTICES
Official notice or correspondence related to this Franchise shall be in writing and sent to
the following addresses:
City: City Clerk
City of Anaheim, City Clerk's Office
200 South Anaheim Boulevard
Anaheim, CA 92805
and
City of Anaheim Department of Public Works
Traffic and Transportation
200 South Anaheim Boulevard
Anaheim, CA 92805
Telephone: (714) 765-5183
Facsimile: (714) 765-5225
Franchisee: Chapman University
Executive Vice President& COO
One University Drive
Orange, CA 92866
Telephone: (714) 997-6763
Communications in connection with the performance of duties under this Franchise shall
be considered received at the time actually received by the addressee or designated agent.
SECTION 13. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase or word of this ordinance be declared for any reason to be invalid or
unenforceable by the final judgment of any court of competent jurisdiction, it is the intent of the
City Council that it would have passed all other portions of this ordinance independent of the
elimination therefrom of any such portion,as may be declared invalid.
SECTION 14. SAVINGS CLAUSE
The adoption of this ordinance shall not in any manner affect the prosecution for violations
of ordinances which violations were committed prior to the effective date hereof,nor be construed
as a waiver of any license or penalty or the penal provisions applicable to any violation thereof.
The provisions of this ordinance,insofar as they are substantially the same as ordinance provisions
9
previously adopted by the City relatin to the same subject matter, shall be construed as
restatements and continuations and not as new enactments.
SECTION 15. CONFLICTING PROVISIONS
Should any portion or provision of this Ordinance conflict with any applicable laws,
regulations or statutes, then the applicable provisions of such other laws, regulations, or statutes
shall prevail.
SECTION 16. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 17. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty(30)days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 27th day of August, 2019, and thereafter passed and
adopted at a regular meeting of said City Council held on the loth day of September,2019,by the
following roll call vote:
AYES: Mayor Sidhu and Council Members Kring , Barnes,
Moreno, and Faessel
NOES: None
ABSENT: Council Member O'Neil
ABSTAIN:Council Member Brandman
CITY OF ;N. HEIM
By: i ii .,/. A L
iiO ' F ' E I ► I A AHEIM
A i'.1110
//�•-
CI ' CLERK OF E CITY OF ANAHEIM
131326
10
17911 Von Karman
Suite 200 111
Irvine,CA 92614ti
949.851.2133 ti
ktgy.com Architecture+Planning
September 13, 2018
Linda Johson, Principal Planner
Public Works Department
City of Anaheim
200 S Anaheim Boulevard
Anaheim, CA 92805
RE: Updated Franchise Application for Panther Shuttle Route Between Chapman Grand and
the Chapman University Campus in Orange.
Dear Linda Johnson,
On behalf of Chapman University, included in this letter are the details for the Franchise Application
related to operation of the Chapman University Shuttle in the City of Anaheim. KTGY is acting as the
agent for Chapman University on this project.
1. Chapman University Shuttle Background
Chapman University is an institution that was founded in 1861 and has been operating at its
current Main Campus location in Old Town Orange since 1954. Since its founding, Chapman
University has extended higher educational access regionally and internationally and has grown
into a highly regarded university that attracts high-achieving students from all over the United
States and more than 60 nations around the world. In an effort to emphasize university goals for
higher education by creating communities focused on learning, Chapman offers students the
option to live in professionally-managed, University-owned housing facilities that provide on-site
services to residents and aid in their personal and academic development. Chapman already
operates Panther Village, an off-campus residence hall located at 3101 W. Chapman Avenue in
Orange, that is connected to the Main Campus by a shuttle service operated by Chapman
University, called the Panther Shuttle. Currently, First Transit operates the shuttle on behalf of
the University. Offering the shuttle service to students in residence at off-campus housing
facilities reduces vehicle trips and congestion upon public streets, as well as the need for
parking on the Chapman Main Campus.
Chapman Grand is a 399-unit apartment building located at 915 E. Katella Avenue in Anaheim,
which will house Chapman University students. It is the intent of the University to extend the
Chapman University Shuttle Service to the Chapman Grand residences to provide students with
safe, convenient, and efficient transportation to and from the Main Campus in Orange.
Mrs. Linda Johnson
September 13, 2018
4111
Page 2 of 8 •] 111
2. Chapman University Shuttle Description
a. Why a Shuttle Service:
Extending the Chapman University Shuttle Service to the Chapman Grand building in Anaheim
would provide students living in Chapman Grand the same benefit of convenient transportation
to and from the Main Campus as students currently residing in Panther Village, all while
reducing overall vehicle trips made between the Main Campus and Chapman Grand in
Anaheim. Additionally, potential service from Chapman Grand in the Platinum Triangle to
potential destinations such as Ctr City Anaheim will enhance access to these areas and could
help activate local restaurant, retail, and recreational opportunities in these districts.
b. When will the Shuttle Operate:
Students will reside at Chapman Grand between the months of August and May, during the
academic calendar year. During these months and while school is in session, the shuttle will be
available 16 hours a day, Monday through Friday, with 20-30 minute intervals; and 12 hours a
day on weekends, with 45-minute intervals.
c. Shuttle Fare:
The shuttle will be free for Chapman students, faculty, and their guests.
d. Location of Shuttle Route and Stops:
The Chapman University Shuttle will run between the Main Campus, Panther Village, and
Chapman Grand. Shuttle routes and locations are shown below on Exhibit 1, Planned
Chapman University Shuttle Route.
Mrs. Linda Johnson
September 13, 2018
Page 3 of 8 14 '
PLATINUM
TRIANGLE 0 Main Campus
• Chapman Grand
.411 ( Existing Shuttle Route
ANAHEIM
RESORT WES , EIM
Ju
Pr.
Orange
OLD TOWNE
Exhibit 1:Chapman University Shuttle Route
Shuttle service originates at the Main Campus in Orange and heads to Chapman Grand
(located at 915 E. Katella Avenue in Anaheim) via public streets within the City of Orange. The
shuttle will continue west on W. Chapman Avenue to The City Drive North, where it turns north
until S. Anaheim Way. There, it will turn northwest and parallel Interstate 5 Freeway (1-5) into
the City of Anaheim up to S. Lewis Street., where it will turn north towards Chapman Grand.
The shuttle will then turn onto Mason Lane and circle Chapman Grand via Betmor Lane to the
proposed shuttle stop location on the building's east side.
From there, the shuttle will head south on Betmor Lane towards E. Katella Avenue and turn
west until it reaches S. Manchester Avenue. There, it will head south, again paralleling the 1-5
until the shuttle reaches W. Chapman Avenue in the City of Orange. From there the shuttle will
head east and continue back to the Main Campus in Orange on its existing shuttle route.
Compressed natural gas (CNG) shuttles currently servicing the Main Campus will be the
primary shuttles used to service Chapman Grand. Should these shuttles need service and/or
repairs, a non-CNG shuttle may be used as a temporary replacement. Based on the proposed
route, shuttles would arrive in approximately 20 to 30-minute increments. The shuttle may also
provide services from Chapman Grand to City Ctr Anaheim or other locations outside of the
Mrs. Linda Johnson
September 13, 2018
411 Page 4 of 8
City on nights, weekends, or during events when demand would justify the route. Construction
activities, special events in the area, etc. may require minor alternations to the route shown on
the exhibit when necessary.
e. Physical Improvements of Proposed Shuttle Stop Within Right-of-Way
The project includes converting two (2) existing on-street parking spaces on the west side of
Betmor Lane into the proposed shuttle stop for Chapman Grand. To accommodate the
proposed shuttle, the curb will be relocated to provide an additional two (2)feet of width for the
bay, the curb will be painted yellow, a new shuttle stop sign compliant with The Resort District
Guidelines will be installed, and approximately 50 to 150 square feet of shrubs within the
existing right-of-way will be removed.
f. Shuttle Specifications:
The shuttles are 26 feet long and have a gross vehicle weight of just under 15,000 pounds.
They have a capacity of 20 seated passengers or 16 with two wheelchairs and a driver. Shuttles
have rear ADA access for accessible disembarkation. The shuttle used for service may be
modified subject to the approval of the City's Public Works Director.
g. Franchise Service Standards:
First Transit, the operator of the shuttle, will hire experienced drivers to drive the shuttle. The
primary function of the shuttle driver is to ensure the safety and safe passage of the faculty,
staff, students, and their guests. Shuttle drivers are trained by First Transit, meet all the
requirements of a class B Carrier, and undergo background checks. Attached to this letter is the
agreement between Chapman University and First Transit to operate the shuttles. This
agreement has been redacted to exclude pricing information.
h. Preventative and General Maintenance Standards:
All shuttles will be purchased by Chapman University. Once delivered to First Transit, First
Transit is responsible for the maintenance and upkeep of the shuttles in service. When any
shuttle is in need of being serviced, it is the responsibility of First Transit to oversee all
necessary repairs. All painted surfaces of the shuttle shall be kept in clean and graffiti-free
condition.
Chapman University is responsible for the washing and cleanliness of the shuttles. They are
cleaned inside and out once a week by an on-site service. First Transit drivers are required to
walk through the shuttles at the beginning and end of their shifts to clean up debris.
i. Personnel Standards:
Chapman University has contracted First Transit Group to operate all shuttle buses to and from
Main Campus to various locations in Orange and Chapman Grand. All drivers shall maintain a
Mrs. Linda Johnson
September 13, 2018
Page 5 of 8 •)
current California license as required by the Department of Motor Vehicles for the operation of
this shuttle. First Transit conducts all required drug and alcohol testing at pre-employment,
random testing throughout employment, and after an accident.
j. Operational Standards and Safety:
The shuttles, when not in service, will be stored on Chapman University property within the City
of Orange.
The driver will be responsible for bringing the shuttle from the parking area to Chapman Grand
at the beginning of the shift, and returning the shuttle at the end of the shift.
Chapman University will ensure that each shuttle in service has a portable two-way radio to
maintain operational communication and in the event of an emergency. These radios would
have a direct contact with Chapman University Public Safety as well as other Chapman
University shuttle operators. Chapman University Public Safety will be available 24/7 should an
immediate need arise. First Transit will perform an inspection of all radios prior to the start of the
term year to ensure proper performance.
k. Monitoring Standards:
Chapman University Public Safety will perform periodic spot checks of the shuttles to ensure
customer satisfaction, reporting to Public Safety of Chapman University.
Driver records, maintenance records, and accident reports will be kept by First Transit and will
normally become property of Chapman University. These records will be periodically audited by
Chapman University and maintained for length of the franchise award. Any records not
protected by applicable employee confidentiality statutes could be submitted to the City, upon
request.
I. Advertising/Messaging Program:
Chapman University shuttles include one advertisement (currently for Toyota of Orange) on the
rear of the shuttle. Other than this advertisement, the only information displayed on the exterior
of the shuttle would be the University's name, logo, and destination on an electronic reader
board (see image below). Chapman University may elect to add a donor/program name on the
shuttle. The messaging may be modified subject to the approval of the City's Public Works
Director.
Mrs. Linda Johnson
September 13, 2018
Page 6 of 8 , '
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m. Vehicle Age Standards:
Buses shall be in service for a maximum of 12 years. After 12 years, the shuttles shall be
placed out of service.
n. ADA Compliance:
Shuttles operated by First Transit are compliant with all applicable Federal and State ADA
regulations. Shuttles allow for up to two disabled persons in a wheelchair to access the shuttle
via a ramp from the rear and unobstructed from other students.
o. Complaint Resolution:
All complaints can be formally made to Chapman University Public Safety, Division of Parking
Services at any time. Chapman University Parking and Transportation Services may be reached
at 714.997.6763. Chapman University Parking and Transportation Services will work with First
Transit operators to handle and resolve all complaints. Complaints may also be made on a cell
phone application (currently Passio GO).
p. Evaluation:
Evaluations shall be conducted through various spot checks conducted by Chapman University
Parking and Transportation Services and/or First Transit Supervision. If increased complaints
are observed by Chapman University Parking and Transportation Services, increased spot
checks, ride-alongs with University staff, and/or alternative methods may be introduced to
increase service standards.
Mrs. Linda Johnson
September 13, 2018
Page7of8 •j
3. Justification of Request:
Chapman University is seeking approval of a Franchise from the City of Anaheim under the terms of
City Charter Article XIV and Chapter 1.02 Franchises of the Anaheim Municipal Code to:
a. Traverse Anaheim public streets within the proposed service territory for the purpose of shuttling
Chapman University students, faculty, and their guests between Chapman Grand and other
Chapman University properties within the City of Orange, per the route map included within this
letter.
b. Reduce vehicle trips and increase connections made between Chapman University's Main
Campus in Orange and Chapman Grand in Anaheim.
c. Provide students with a free, safe, and efficient alternative to using a personal vehicle to access
the Main Campus.
d. Conform to the requirements of the Anaheim City Charter, Article XIC and Anaheim Municipal
Code Chapter 1.02 to possess a valid franchise of transportation services.
4. Type of Franchise:
Chapman University is seeking a non-exclusive franchise for the operation of the Chapman
University Shuttle within the City of Anaheim. Chapman University requests that the franchise
be awarded to Chapman University as the responsible entity for the Chapman Grand Shuttle
service.
5. Term:
Chapman University requests a 7-year term, with the ability to request extensions of time in
one-year increments subject to the City Manager's approval upon a finding that Chapman
University has demonstrated compliance with the franchise requirements during the initial 7-
year period and each subsequent one-year extension, as applicable.
6. Vehicles:
The University currently has a fleet of eight shuttles in total (nine will be in service by the end of
October), two of which operate on alternative fuel (CNG). CNG shuttles will be the primary
shuttles to service Chapman Grand. All shuttles can accommodate up to 20 passengers, with
the capability of transporting up to 2 disabled persons in wheelchairs, leaving accommodation
for up to 16 passengers.
7. Service Territory:
The requested territory is bound by Cerritos Avenue to the north, Chapman Avenue to the
south, South Manchester to the west, the City limits to the east, and other areas designated by
the City Manager.
Mrs. Linda Johnson
September 13, 2018
Page 8 of 8 •) '
8. Annual Report:
An annual report shall be submitted along with the annual franchise fee. The report must
provide operational data as outlined in this agreement including the follow, but not limited to:
• Number passengers served;
• Route modifications, if applicable;
• Changes to hours of operation, if applicable;
• Log of complaints from the cell phone application (if available and with protected or
personal information removed); and
• Summary of spot check evaluations within the past year.
9. Franchise shall not become effective unless and until all of the following requirements have
been satisfied:
• Ordinance granting the Franchise is effective;
• Franchisee has provided a timely letter of acceptance as to all the terms and conditions
established by the City Council for granting this Franchise; and
• Franchisee has provided an up to date and complete list of vehicles to be used to
perform the services by registration or license number.
If you have any questions regarding this project or the written responses, please do not hesitate to
contact me. Thank you.
Respectfully submitted,
John Moreland, AICP
Senior Project Manager
KTGY Group, Inc.
jmoreland@ktgy.com
Cc: Chief Randy Burba/Chapman University
Kurt Riedl/ABACUS Project Management
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 Ordinance No. 6469 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 27th day of August, 2019, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 10th day of September, 2019, by the following
vote of the members thereof:
AYES: Mayor Sidhu and Council Members Kring, Barnes, Moreno, and Faessel
NOES: None
ABSENT: Council Member O'Neil
ABSTAIN: Council Member Brandman
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of September, 2019.
----a)
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin PROOF OF PUBLICATION
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011313937
714-796-2209
5190168 SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6469
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217 AN (UN-CODIFIED) ORDINANCE OF THE
ANAHEIM, CA 92805-3820 CITY OF ANAHEIM 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 GRANTED
This Ordinance (including Exhibit'A" thereto) grants a
AFFIDAVIT OF PUBLICATION
non-exclusive franchise to Chapman University, a Califor-
nia not-for-profit public benefit corporation, to operate a
STATE OF CALIFORNIA, transportation shuttle service connecting the Chapman
SS. University Main Campus in the City of Orange with the
Chapman Grand, located at 915 E. Katella Avenue at the •
County of Orange northwest corner of Katella Avenue and Betmor Lane, in
the City of Anaheim's Platinum Triangle. As consideration
for the franchise, Chapman University shall pay a fran-
chise fee in the amount of One Dollar ($1.00) per fiscal ■
year. The franchise is subject to all the terms, conditions
I am a citizen of the United States and a resident of the and requirements contained in the ordinance, the Charter
County aforesaid; I am over the age of eighteen years, and and the Municipal Code of the City of Anaheim
not a party to or interested in the above-entitled matter. I I, Theresa Bass, City Clerk of the City of Anaheim, do
am the principal clerk of the Anaheim Bulletin, a hereby certify that the foregoing is a summary of Ordi-
newspaper that has been adjudged to be a newspaper of nance No. 6469 which ordinance was introduced at a regu-
lar meeting of the City Council of the City of Anaheim on
general circulation by the Superior Court of the County of the 27th day of August, 2019, and was duly passed and
Orange, State of California, on December 28, 1951, Case adopted at a regular meeting of said Council on the 10th
No. A-21021 in and for the City of Anaheim, County of day of September, 2019,by the following roll call vote of the
Orange, State of California; that the notice, of which the members thereof:
annexed is a true printed copy, has been published in AYES: Mayor Sidhu and Council Members Kring
each regular and entire issue of said newspaper and not in Barnes,Moreno,and Faessel
any supplement thereof on the following dates, to wit:
NOES: None
09/19/2019 ABSENT: Council Member O'Neil
ABSTAIN: Council Member Brandman
The above summary is a brief description of the subject
matter contained in the text of Ordinance No. 6469, which
has been prepared pursuant to Section 512 of the Charter of
I certify(or declare) under the penalty of perjury under the the City of Anaheim. This summary does not include or de
laws of the State of California that the foregoing is true scribe every provision of the ordinance and should not be
and correct: relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please
Executed at Anaheim, Orange County, California, on contact the Office of the City Clerk, (714) 765-5166, between
Date: September 19, 2019. 8:00 AM and 5:00 PM,Monday through Friday. There is no
charge for the copy.
Published:Anaheim Bulletin Sept.19,2019 11313937
•
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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 Ordinance No. 6469 and was published in the Anaheim Bulletin on the 19th day
of September, 2019, pursuant to Section 512 of the City Charter of the City of Anaheim.
CI CLERK OF THE CITY OF ANAHEIM
(SEAL)