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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMEND ING
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 GRANTED
BASED UPON THE FINDING AND DETERMINATION THAT
SAID ORDINANCE IS NOT S UBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 21080(b)(10 ) OF THE CALIFORNIA PUBLIC
RESOURCES CODE.
WHERAS, 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 heretofore reviewed the Amended Application submitted by Chapman and considered the information presented therein; and
WHEREAS, pursuant to the procedures set forth in Article XIV of the Charter of the City of Anaheim , on__________ 2024, the City Council did adopt its Resolution No. _________approving the Amended Application and making certain findings related thereto, and declaring 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; and
WHEREAS, on May 21 2024, the City Council did set a public hearing to be held on June 18, 2024, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber located in the Civic Center at 200 S. Anaheim Boulevard, Anaheim, California, to give any person having any interest therein or objection thereto an opportunity to appear before the City Council and be heard thereon; and
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WHEREAS, notice of said public hearing was published and otherwise given in the manner required by Article XIV of the Charter of the City of Anaheim; and
WHEREAS, on June 18, 2024, a duly noticed public hearing was held by the City Council, at which public hearing the City Council did hear testimony and consider evidence from persons having any interest in the proposed amendment to the Franchise, and did consider any and all objections thereto; and
WHEREAS, the City Council has determined that the proposed amendment of the Franchise to Chapman for transportation services is statutorily exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 21080(b)(10) of the California Public Resources Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Exhibit "A" of Ordinance No. 6469 be, and the same is hereby amended, in its entirety, to read as shown in Exhibit "A -1," attached hereto and incorporated herein by this reference.
SECTION 2.
Except as expressly amended by the provisions of this ordinance, Ordinance No. 6469 shall remain in full force and effect.
SECTION 3.
The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of t he elimination herefrom of any such portion as may be declared invalid.
SECTION 4.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall 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 previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new
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enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the _18 th day of _June, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the _2 nd day of __July, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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