2004-033
RESOLUTION NO. 2004 - 33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO ADOPT AN ORDINANCE
GRANTING A NON-EXCLUSIVE FRANCHISE TO ANAHEIM
TRANSPORTATION NETWORK FOR RESORT 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, the Anaheim Transportation Network ("A TN") submitted an application for
non-exclusive franchise dated December 2002 (the "Application") to provide resort transportation
services within the City of Anaheim and other designated areas; 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 the A TN is in strict
compliance with the Charter ofthe City and all applicable laws, and does hereby make the following
findings with regard to said Application:
I. That A TN currently provides resort transportation services within the City of
Anaheim of the same general type and in the same general manner as set forth in said Application
and that said existing service is adequate to serve the City of Anaheim;
'1 There are no other providers that service more than one Anaheim Resort motel/hotel.
There are only three hotels that currently provide their own shuttle. The Franchise for the A TN is
non-exclusive and approval 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 ofthe 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:
4. That the applicant has the ability to provide environmentally friendly, economic.
reliable service to its proposed customers, utilizing clean fuel 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 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;
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, low cost,
transportation services 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 he 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.
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 clean fuel 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 granting of a non-exclusive franchise
to Anaheim Transportation Network ("A TN") for resort transportation services is categorically
exempt from the California Environmental Quality Act ("CEQA") as a Class 1 Project (14 Cal.Code
Reg.. § 15301 (Existing Facilities), including subsection (c).
NOW THEREFORE BE IT RESOLVED that the City Council ofthe City of Anaheim does
hereby approve the Application of the A TN and does hereby declare its intention to adopt an
Ordinance granting a non-exclusive franchise (the "Franchise") to the A TN to provide resort
transportation services within the limits of the City of Anaheim, including The Anaheim Resort,TM
the Arrowhead Pond of Anaheim. Angel Stadium of Anaheim, including surrounding areas, the
downtown area of the City of Anaheim 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 A TN dated December, 2002), and Exhibit "B" (specifying the
req uirements for operation of franchised resort transportation services). Copies of the proposed
uncodified ordinance. including Exhibit "A" and Exhibit "B" 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\.naheim.
BE IT FURTHER RESOL VED that the City Council will consider establishing a franchise
fee to be payed to the City during the life of the Franchise in an annual amount equaling One Dollar
$1 .00) per fiscal year.
2
..,
BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid grant
of Franchise to Anaheim Transportation Network 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 April 20, 2004, 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 once, 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 l.6..t1L day of March , 2004, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Tait, Chavez, McCracken, Hernandez
NOES:
None
ABSENT: None
ABSTAIN: None
By
MAYOR OF THE C
ATTbST: J
~ ¿ , ;¡--e ,-IL-tf..< 4--<~Ú '-
«ITY CLERK OF THE CITY OF ANAHEIM
SOln.3
3
'IT
"T
T-'"
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, j
} SS.
County of Orange )
1 am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above-entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adiudged to be a newspaper of general
cire~lation by the Superior Court of the County
cf Orange, State of California, on December 28,
1951, Case No. ~-21021 in and for the City of
'~naheim, County of Orange, State. of California;
t°1at the notice, ~>f which the annexed is a true
printed copy, has been published in each regular
and entire issue I ff said newspaper and not in any
supplement thereof on the following dates, to
~ 'lt
March 25, April 1, 2004
~I e ertify (or declare) under the penalty of
perjury under the laws of the State- of California
Ulat jhe foregoing is true and correct'°:
E xecuted at Santa :~na. Orange County,
ahtornia, on
Itat~- April 1, 2~?04
~ it
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714} 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
RESOLUTION NO. 2004R- 33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING
ITS INTENTION TO ADOPT AN ORDINANCE GRANTING ANON-EXCLUSIVE
FRANCHISE TO ANAHEIM TRANSPORTATION NETWORK FOR RESORT
TRANSPORTATION SERVICES WITHIN THE CffY OF ANAHEIM, ESTABLISHING
A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE
AND A FEE IN SUPPORT OF SUCH FRANCHISE
WHEREAS, the Anaheim Transportation Network S"ATN") submitted an application for
non-exclusive franchise dated December 2002 (the Application") to provide resort trans-
portation services within the City of Anaheim and other designated areas; and
WHEREAS, the City Council of the City of Anaheim has considered and weighed, among
other things, those factors set lorth in Section 1.03.055 of Chapter 1.03 of Title 1 of the Ana-
heim Muntctpal Code, and has determined that the A~plicetion submitted by the ATN is in
strict compliance with the Charter of the City and el applicable laws, and does hereby
make the following findings with regard to said Application:
1. That ATN currently provides resort transportation services within the City of Anaheim of
the same general type end in the same general manner as set forth in said 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 motellhotel.
There are only three hotels that currently provide their own shuttle. The Franchise for the
ATN is non-exclusive and approval thereof will not adverse)y affect any other providers of
resort transportation services in the City, or resufl in a deterioration of customer base
and/or ability to adequately provide safe, reliable, economic service to the remaining cus-
tomers of any other service provider;
3. That the term and proposed service territory of the requested non-exclusive Franchise
is as se[ forth in the Application and expanded by the City Manager and have been consid-
ered and weighed by the Cify Council in ds determination;
4. That the applicant has the ability to provide environmentally friendly, economic, relia-
ble service to its proposed customers, utilizing clean fuel vehicles;
5. That the applicant has the ability under the requested Franchise to provide service
without unduly interfering with existing faulities (service providers) using the public streets
or rights-ot-way;
6. That the proposed ordinance approving the non-exclusive franchise will not affect the
financial obligations of the existing service providers end to our knowledge will not affect
the ability of such service providers to obtain future financing;
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, low cost,
transportation services to visitors, residents and workers within the service area, eliminat-
ing the need for persons unfamiliar with the City and the location of its attractions to pro-
vide 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.
B. That the proposed Franchise will benefit [he health, welfare and safety of the City and
its residents by assuring that such services are provided by the required use of clean fuel
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 granting of anon-exclusive fran-
chise to Anaheim Transportation Network ("ATN") for resort transpportation services is cate-
gorically exempt from the California Environmental Quality Act ("CEQA") as a Class 1 Proj-
ect (14 Cal.Code Reg., § 15301 (Existing Facilities), including subsection (c).
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim does
Hereby approve the Application of the ATN end does hereby declare its intention to adopt
an Ordinance granting anon-exclusive franchise (the "Franchise") to the ATN to provide re-
sort transportation services within the limits of the Ctty of Anaheim, including The Anaheim
Resort,'" the Arrowhead Pond of Anaheim, Angel Stadium of Anaheim, including surround-
ing areas, the downtown area of the City of Anaheim and other locations that may be desig-
nated 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 ATN dated December, 2002), and Exhibit "B"
(specifying the requirements for operation of franchised resort transportation services).
Copies of the roposed uncodified ordinance, including Exhibit "A" and Exhibit "B" thereof,
are available fpr public review in the Office of the City Clerk located in the City Hall at 20D
South Anaheim Boulevard in the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council will consider establishing a franchise
fee to be payed [o the City during [he I'rfe of the Franchise in an annual amount equaling
Dne Dollar $1.00) per fiscal year.
BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid grant
of Franchise to Anahepn Transportation Network 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 d'clock P.M. on April 20, 2004, 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 resolu-
tion once, 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 16th day of March, 2004, by the following roll call vote:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, McCracken, Tait
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAIN: MAYOR/COUNCIL MEMBERS: None
CITY OF ANAHEIM
By Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST
Sheryl) Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin
March 25, April 1, 2004
25-329 6119995
6 -01 -204 3 35P FROM P -4
Z
RESOLUTION NO. 2004R- 33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING
ITF NAE AN ORDINANCE GRANTING RKFOR NON-EXCLUSIVE FRAANCHISE CHISE TO O ANNAHHEI M TRAA NSPORTAPORTA TION NETWORK FOR RESORT pRT je")3C1
TFIANSPORTATION SERVICES WITHIN THE C OF ANAHEIM, ESTABLISHING
A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE
AND A FEE IN SUPPORT OF SUCH FRANCHISE
WHEREAS, the Anaheim Transportation Network "ATN subntkted en application for
non exclusive franchise dated December 2002 trre Appliraryen') to provide resort trans-
portation services within the City of Anaheim and other designated areas; and
W City Council of the 1c Chapter has and weighed, Q"
other r things, those S e factors sot forth in Sectition n 1.03.03.t'sSS of Chepier pt� 1. t.03 of Title 1 1 of f the the e Ana. Arita. a
helm Municipal Code, and has determined that the 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 firtdtngs with regard to said ApptIcatlon: �1
L That ATN currently provides ithe g resort wakes w thin Application Anaheim r f /1:=7 the same general type and tits same general eral manner as set forth in n said end d
that 11 f
said existing wake is adequate to serve the City of Anaheim;
2. 'mere are no other providers prat service more than one Anaheim Resort motel/hotel.
There are only throe hotels that currently provtde their awn shuttle. The Franchise tor the
ATN is non-exclusNe and approval thereof will not adver:fely a� any other provides of
resort transportation services to e City, or result in a dot atipn of customer base
and/or ability to adequately provide safe, reliable. economic service to the'rernalning ctle•
tomes of any other servloe provider:
3, That the term and proposed aervtca territory of the requested non exclusive Franchise
is as set forth in the Application and expanded by the City Manager and have been consid-
ered and weighed by the City Council in as determination;
4. That the eppricant has the ability to provide environmerr aty Mandy, economic, relia-
ble service to its proposed customers, utilizing clean fuel vehicles;
5. That the applicant has the ability under the requested Franchise to provide seaice
whtrout unduly !Mortaring with existing facilities (service providers) using the pub`o streets
or rights-or-way:
That the proposed ordnance approving the non-exclusive franchise will not affect the
1lnanoial obligations 01 the exiting service providers and to our knowledge will not affect
the ability of such service providers to obtain future lemming:
7, That the proposed Franchise will provide the following short and longterm benefits to
the customers to be served by the applicant; provide dependable and tticient, low cost,
transportation seaiees to viskors, reaielents and workers Within the service area, eliminat-
ing the need for persons unfamiliar with the City and the location of its attractions to pm-
vide or be dependent upon other forms 01 transportation within and around the service
area and pprovide resort transportation services utilizing clean fuel vehicles in keeping with
Me S Plan requirements.
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 clean fun
vehicles" trained professional drivers, regular service routes, and reduction of the number
of vehicles trips within the service area; and
NRMEREAS, the City Council has determined that the granting of a non-exclusive fran-
chise to Anaheim Transportation Network "ATN for resort transportation services is cats
gorically exempt thorn the California Environmental Quality Act (10EQA") as a Clase 1 Frei.
act (14 Cal.Code Reg.. k 15301 (Existing Faciities), including subsection (c).
NOW THEREFORE BE IT RESOLVED that the City Count 01 the City of Anaheim does
hereby approve the Apptication of the ATN and does hereby declare its intention to adopt
an Crd nand granting a non-eotdusive franchise (the 'Fr lad) to the ATN to provide re.
sort thansp Wtr services within Me units of the City of Anaheim, including The Arraneim
Resort,' the Arrowhead Pond of Anaheim, M gel Stadlum of Anaheim, including surround-
i b downtown area of the City of Anahim e and other locations that may be deatg-
BE IT FURTHER RESOLVED that the terms and conditions of the proposed Franchise
are included within a pro posed unedited ordinance which ordinance inoorporates Exhibit
"A" {the Application and Proposal of the ATN dated December, 2002), and Exhibit "B'
specifying the requirements for operation of franchised resort transportation services).
Copes oUtheproposed uncodried ordnance. includim ESmlbtt A' and Exhibit "B" 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 Cky of Anaheim.
BE IT FURTHER RESOLVED that the City Council will consider establishing a franchise
lee to be payed to the during the life of the Franchise In an annual amount equaling
One Dollar $t00) per fiscal year,
BE rr FURTHER RESOLVED that nny persons having any interest in the aforesaid grant
of Franchise to Anaheim Transportation Network or having any objection to the adoption
thereof rney aPPenr before the CIN Council and be heard thereon at a public hearing to be
held at 5:90 o'clock P.M. on April 20, 2004. In the Chambers Of the City Council located in
the City Halt at 200 South Anaheim Boulevard in the Oy of Anaheim.
BE IT FURTHER RESCLVEO that the City Clerk le hereby directed to publish this resolu•
Pion once, 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 15th day of March, 2004, by the following roll call vote:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, ChaVez, Hernandez, McCracken, Tait
NOES; MAYOR/COUNCIL MEMBERS; None
6 -01 -204 3:36PM FROM P.5
ABSENT: MAYOR/OOUNCIL MEMBERS: None
ABSTAIN: MAYOR/COUNCIL MEMBERS; None
CITY OF ANAHEIM
B Curt Pr le
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
She 1uoeder
CITY CLERK 13C OF THE CITY OF ANAHEIM
Publish: Anahoim Bulletin
March, April 1, 2OO4
25.329 6119895