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RES-2009-039RESOLUTION NO. 2009- 039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE OPERATION OF ADDITIONAL TAXICABS IN ANAHEIM AND INCREASING THE NUMBER OF TAXICABS TO 255 WHEREAS, at its February 10, 2009, regular meeting, the Anaheim City Council, by motion, instructed staff to take the appropriate steps to allow the City Council to consider an increase in the number of taxicabs in the City; and WHEREAS, the total number of taxicabs allotted to franchisees currently holding taxicab franchises from the City is 180; and WHEREAS, Section 4.73.040 of the Anaheim Municipal Code provides that the City Council, in its sole and absolute discretion, by motion duly adopted by the City Council, may periodically schedule a public hearing to determine, by resolution, whether the public convenience and necessity require the operation of additional taxicabs in the City; and WHEREAS, on February 24, 2009, the City Council did hold a duly noticed public hearing to consider whether the public convenience and necessity require the operation of additional taxicabs in Anaheim, and WHEREAS, the City Council, having received and considered evidence and testimony relating to this matter, does hereby make the findings and determinations hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Anaheim that the public convenience and necessity require the operation of a total of 255 taxicabs in the City of Anaheim based upon the following findings: 1. Increasing the total number of taxicabs to 255 will not substantially impair the ability of the franchisees currently holding taxicab franchise from the City, under efficient management, to earn a fair and reasonable return on their capital investments devoted to such taxicab service in that the City has previously allowed 230 taxicabs to operate in the City, and that number has increased from time to time as a result of special events in the City, necessitating the need for more taxicabs; therefore, the addition of 25 taxicabs will have an insignificant effect on the current franchisees' ability to earn a fair and reasonable return on their taxicab investments; 2. The franchisees currently holding taxicab franchises from the City, under normal conditions, are not adequately serving the reasonable taxicab needs in the City; in that there are only 180 taxicabs authorized under existing franchises and these taxicabs, based upon historical data, cannot meet the current needs of both visitors and residents of Anaheim; 3. The additional taxicabs, together with the taxicabs currently operated by franchisees holding taxicab franchises from the City, will not unduly congest, overburden, or interfere with any public street access or traffic flow, or any public or private parking, or any public or private taxi stands or taxi queuing areas, or otherwise create any danger or hazard to the public peace, health or safety, in that the City has previously allowed 230 taxicabs to operate in the City, and that number has increased from time to time as a result of special events in the City, necessitating the need for more taxicabs; therefore, the addition of 25 taxicabs will have an insignificant effect on traffic congestion, traffic flow, parking or otherwise adversely affect the public peace, health or safety. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of February 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway NOES: NONE ABSENT: Council Members Kring ABSTAIN: NONE ATTEST: 7 CITY CLERK OF THE CITY OF NAHEIM 2139 CITY OFpit HEIM By: MAYO F THE CIT F ANAHEIM