90-424 RESOLUTION NO. 90R-42~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING PROCEDURES FOR THE
PROCESSING OF APPLICATIONS FOR TRANSFERS OF
FRANCHISES.
WHEREAS, the Charter of the City of Anaheim provides
for the consideration and awarding of franchises; and
WHEREAS, such franchises cannot be sold, transferred,
leased, assigned, or disposed of, in whole or in part, without
the prior consent of the City Council, and then only upon such
conditions as may therein be described; and
WHEREAS, no specific procedure has been established for
.the processing of applications to transfer franchises; and
WHEREAS, the City Council desires to adopt this
resolution establishing a procedure for the processing of
applications to transfer franchises, including transfers
constituting a change in control of the franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Applications for the transfer of
franchises, including applications for approval of changes in
control of franchisees, shall be submitted in writing to the City
Clerk.
Section 2. Upon receipt of such and application, the
City Clerk shall refer said application to the City Manager. The
city Manager, or the designee thereof, shall perform the
following tasks in relation to said application:
(a) The City Manager shall make a determination of the
projected cost to the City of processing said
application including, but not limited to, all
engineering, legal, printing, publication, and staff
costs which will be incurred by the city in processing
said application.
(b) The City Manager shall review said application and
determine what additional information, if any, is
required by the city to process, review and act upon
said application.
(c) The City Manager shall make a written request to
the applicant for such additional information as the
city Manager has determined to be necessary pursuant
to subsection (b) above. (The "Request for
Information" or "RFI").
(d) The City Manager shall, in the exercise of his
discretion, either refer said application, the
completed response to the RFI, and any other
information which the City Manager determines to
be necessary to the City staff or to an outside
consultant for the purpose of evaluation and
preparation of a report to the City Council concerning
the application.
Section 3. The city Manager shall provide to the
applicant a written statement of the estimated costs of
processing the application as determined pursuant to paragraph
2(b) above. The applicant, shall within ten (10) working days
tender to the City Clerk cash, a certified check, or other good
funds in said amount to be utilized by the City to defray the
City's costs in processing said application. Said amount shall
constitute a nonrefundable deposit by the application to be
retained by the city to offset the City's actual processing costs
irrespective of the ultimate approval, conditional approval,
withdrawal, or denial of the application by the City.
Section 4. The applicant shall diligently respond to
the RFI and provide to the City Manager such additional
information as the City Manager shall request in such format as
designated by the City Manager.
Section 5. Upon receipt of the application, the
deposit, the completed RFI, any additional information requested
by the City Manager, a report prepared by the city staff or
outside consultant, the application shall be placed on the city
Council agenda for consideration by the City Council. The
failure of the applicant to pay the processing fee, complete the
RFI, or to provide additional information requested by the City
Manager shall stay processing of the application. The City
Manager shall not place the application on the City Council
agenda prior to the applicant's submittal of all of the items
described in this resolution.
Section 6. The City Council shall, upon reviewing all
relevant evidence and determining that the applicant and the
current holder of the franchise are in strict compliance with the
franchise to be transferred and the Charter of the City and all
applicable laws, approve, disapprove, or conditionally approve
the application upon such terms and conditions as the city
Council shall deem reasonable, necessary and in the public
interest.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 4th day of December,
1990.
F THE C~ OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
R32FRANC.116
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-424 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 4th day of December, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-424 on the 5th day of December, 1990.
IN WITNESS WI~EREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of December, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-424 duly passed and
adopted by the Anaheim City Council on December 4, 1990.
CITY CLERK OF THE CITY OF ANAHEIM