Services and Obligatory Participation of Mitigated Business Establishments Located in the Identified Geographic Areas
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DATE: JANUARY 24, 2018 TO: ATN BOARD OF DIRECTORS FROM: DIANA KOTLER, EXECUTIVE DIRECTOR RE: AGENDA ITEM 12 RECOMMENDATION: Authorize ATN Executive Director to submit to the City of Anaheim ATN non-exclusive franchise update for a 12-month administrative extension DISCUSSION: The Anaheim Transportation Network (ATN) provides Anaheim Resort Transportation (ART) services under the authority of two guiding documents: 1. Pertinent Specific Plans Provide regulatory oversight for transportation services and obligatory participation of mitigated business establishments located in the identified geographic areas 2. Non-exclusive Franchise Agreement Provides self-imposed operating and administrative standards for operation of transportation services by ATN and other entities The ATN received its non-exclusive franchise from the City of Anaheim in 2004 per Section 1400 of the Charter of the City of Anaheim. The Charter establishes procedures for the award of franchises by the City and states that any person, firm or corporation furnishing the City of Anaheim or it inhabitants with transportation services may be required, by ordinance, to have a franchise. The Charter further states that the City Council is empowered to grant such franchises and to establish additional procedures, terms and conditions, as appropriate. On April 27, 2004, the Anaheim City Council adopted Section 1.02.010 of the Anaheim Municipal Code requiring any person, firm or corporation furnishing the City or its inhabitants with transportation services to have a valid and existing franchise. In addition, on April 27, 2004, the City Council adopted Ordinance No. 5911 granting a non-exclusive franchise to the Anaheim Transportation Network to provide public transportation service within The Anaheim Resort® and other areas within the City of Anaheim. On May 5, 2011, the ATN submitted an application to amend the franchise for the provision of public transportation services within the City of Anaheim and other designated areas within the City of Anaheim. Anaheim City Council adopted Ordinance No. 6219 to extend ATN’s non-exclusive franchise for seven (7) years through May 5, 2018, as well as allowing for a 12-month administrative extension by the City Manager, if the terms and condition of the franchise agreement remain unchanged and if ATN meets or exceeds the terms and conditions identified by the franchise. Agenda Item 12 ATN Franchise Renewal Application Page 2 of 2 _______________________________________________________________________ Staff recommends submission of a 12-month administrative extension to the City of Anaheim through May 5, 2019. Meanwhile, ATN staff will continue to work with its Executive Committee and consultants to develop an application for renewal of the franchise agreement with the City of Anaheim that would take into consideration the impacts of new developments in The Anaheim Resort, Platinum Triangle and CtrCity, incorporate technological developments, changes in vehicular and clean fuel technologies to further: 1. Maintaining cohesive resort standard of transportation services to help to protect investments made by the City of Anaheim and business community; 2. Mitigate traffic and air quality impacts to enhance environmental benefits for the citizens of Anaheim and surrounding communities; and 3. Ensure that all transportation providers possess a valid franchise for transportation services based on the Anaheim City Charter. The enclosed administrative renewal requests that the City of Anaheim approve a 12-month Administrative Extension of the ATN Franchise Agreement. This extension, as allowed under the terms of the current agreement, will extent the franchise agreement through May 5, 2019. Administrative Extension of the ATN Franchise Agreement consists of two (2) documents: 1. 12-Month Administrative Extension a. Table 1 – ART Performance Indicators b. Table 2 – ART Fleet c. Table 3 – Background/Accomplishments 2. Franchise Service Standards Table With the submittal of the ATN Administrative Extension, ATN is not requesting any changes in the franchise service standards, which were approved by the City of Anaheim in 2004 and 2011. ATN will continue provision of ART service with full commitment to meeting, and exceeding, these standards through the one-year administrative extension period, while preparing for the full franchise renewal in early 2019. Enclosures: ATN Franchise Administration Extension January 29, 2018 Linda Johnson Principle Transportation Planner City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 RE: ANAHEIM TRANSPORTATION NETWORK FRANCHISE AGREEMENT 12-MONTH ADMINISTRATIVE EXTENSION Dear Ms. Johnson: The Anaheim Transportation Network (ATN) requests that the City of Anaheim approve a 12-month Administrative Extension of the ATN Franchise Agreement. This extension, allowed under the terms of the current agreement, will extend the franchise agreement through April 27, 2019. Enclosed for your review and consideration are two documents: 1. The Anaheim Transportation Network (ATN) Franchise Agreement – 12-Month Administrative Extension, which includes the following updated tables and attachments: a. Table 1 – ART Performance Indicators b. Table 2 – ART Fleet c. Table 3 – Background/Accomplishments d. Attachments A-F 2. Franchise Service Standards Table. Since the last Franchise Update was provided to the City of Anaheim in 2014, ATN has seen tremendous growth in ridership and demand for service. With the opening of ARTIC and the continued growth in the Platinum Triangle and The Anaheim Resort, ATN has worked diligently to provide state-of-the-art, convenient, environmentally friendly, and streamlined transit services to more than 9.25 million riders per year. Some of the highlights of ATN’s efforts over the last four years include: 1. Adding two additional routes and increasing ridership from 9.1 to 9.25 million per year; 2. Launching a mobile ticketing app; 3. Engaging in capacity building planning; 4. Purchasing and deploying four all-electric buses (the future of ATN’s fleet); 5. Beginning service to CtrCity Anaheim; 6. Developing a Public Private Partnership (P3) to develop a Mobility as a Service app; and 7. Installing fleet upgrades to prepare for the launch of real-time passenger information system. The ATN Franchise Service Standards parameters were approved by the City of Anaheim in August 2011. ATN will continue provision of ART service with full commitment to meeting, and exceeding, these standards through the one-year administrative extension period while we prepare for the full franchise renewal in 2019. Should you have any questions and need further clarifications, please contact me at 714-563-5287 or via e-mail at [email protected]. Thank you. Sincerely, Diana Kotler Executive Director Enclosures Anaheim Transportation Network FRANCHISE AGREEMENT – 12-MONTH ADMINISTRATIVE EXTENSION April 27, 2018 – April 27, 2019 FRANCHISEE: Anaheim Transportation Network 2626 East Katella Avenue Anaheim, CA 92806 Attn. Diana Kotler (714) 563-5287 E-Mail: [email protected] CORPORATE STATUS: The Anaheim Transportation Network (ATN) is a California Non-profit 501(c)4 Corporation, formed on September 28, 1995. FINANCIAL STABILITY The ATN is providing audited Fiscal Year (FY) 2016/17 financial statements as Attachment A. In addition, TABLE 1 – ANAHEIM RESORT TRANSIT PERFORMANCE INDICATORS is provided below. The ATN does not currently have any pending litigations, fines or enforcement proceedings by other cities, public or private entities nor is the ATN involved in any bankruptcy filings. I. Background This report provides a synopsis of the ATN actions since the City Council approved the Updated Franchise Service Standards in August 2011. The Anaheim Transportation Network (ATN) was incorporated as a non-profit California 501(c)4 Corporation in September of 1995, with the City of Anaheim being one of the 12 founding members. The ATN, a transportation management association, was created specifically to facilitate transportation in Anaheim with a distinct focus on the creation of a clean fuel shuttle system to serve transportation needs of The Anaheim Resort. Additionally, the ATN was established in support of the Anaheim Resort Specific Plan to mitigate traffic congestion and air quality impacts (mitigation measures 3.3-4, 3.3-8, and 3.4-1). Presently, the ATN is governed by a 13-member Board of Directors representing a wide range of Anaheim business interests. Current ATN Board of Directors roster is provided as Attachment B. Since submission of the franchise renewal application, the ATN has been successful in its ability to obtain grant funding and deliver implementation of the grant-funded projects. The entire ATN fleet operates using alternative fuels. Since the last franchise update, seven (7) new buses were added to fleet to improve and enhance ART service for the traveling public, including four (4) all-electric buses. The current the ART fleet consists of eighty (80) buses as depicted in TABLE 2 – ART FLEET. The highlights of ATN’s accomplishments, from the first Franchise Agreement Update in 2011 through this Calendar Year 2017 are summarized in TABLE 3 - BACKGROUND AND ACCOMPLISHMENTS. TABLE 1 -- ANAHEIM RESORT TRANSPORTATION PERFORMANCE INDICATORS Category/Fiscal Year FY 2009/10 FY 2010/11 FY 2011/12 FY 2012/13 FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 Actual Actual Actual Actual Actual Actual Actual Actual 21 22 22 23 Number of Routes 16 16 18 19 Fleet Composition E-Bus – Electric 10 10 10 0 0 0 0