Loading...
6253ORDINANCE NO. 6253 AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A NON- EXCLUSIVE FRANCHISE TO CABCO, INC. DBA CALIFORNIA YELLOW CAB, FOR THE PURPOSE OF OPERATING TAXICAB SERVICE IN THE CITY OF ANAHEIM; AND STATING THE TERM AND CONDITIONS UPON WHICH SAID FRANCHISE IS GRANTED WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter") establishes procedures for the award of franchises by the City; provides that any person, firm or corporation furnishing the City or its inhabitants with transportation may be required by ordinance to have a franchise therefor; and further provides that the City Council is empowered to grant such franchises and to establish additional procedures and terms and conditions of such grants; and WHEREAS the City Council has heretofore adopted Section 1.02.010 requiring any person, firm or corporation furnishing the City or its inhabitants with transportation to have a valid and existing franchise therefor; and WHEREAS, the City Council has heretofore adopted Ordinance No. 5765 adding Chapter 4.73 of the Anaheim Municipal Code establishing additional procedures for the granting of franchises for taxicab service in the City of Anaheim and establishing additional terms and conditions of such grants; and WHEREAS, pursuant to findings and determinations heretofore made by the City Council as set forth in said Ordinance No. 5765, Section 4.73.045 of said Chapter 4.73 of the Anaheim Municipal Code provides for the award of not more than three initial franchises for the operation of a total of two hundred and thirty (230) taxicabs within the City (the "Initial Franchises"); and WHEREAS, pursuant to findings and determinations heretofore made by the City Council as set forth in Resolution No. 2009-039, Section 4.73.040 of said Chapter 4.73 of the Anaheim Municipal Code provides that the City Council may determine that the public convenience and necessity require the operation of additional taxicabs in the City and on February 24, 2009, the City Council determined that the public convenience and necessity require the operation of a total of 255 taxicabs in the City of Anaheim (the "Franchises"); and WHEREAS, the City Council has heretofore solicited competitive proposals from interested persons, firms and corporations for the award of the Franchises pursuant to that certain Request for Proposal issued by the City on March 5, 2012 (the "RFP"); and WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written proposal dated March 28, 2012, for a non-exclusive franchise to operate taxicab service within the City of Anaheim (the "Proposal") from Cabco, Inc. dba California Yellow Cab, (the "Franchisee"); and WHEREAS, the City Council of the City of Anaheim heretofore reviewed said Proposal, and considered the information presented therein, and in the staff reports and recommendations and other relevant information relating thereto; and WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2012-033 declaring its intention to grant a non-exclusive franchise to the Franchisee for the purpose of operating taxicab service in the City of Anaheim; stating the terms and conditions upon which it was proposed to grant the Franchise; and establishing the date, hour and place when and where any persons having any interest therein or objection thereto could appear and be heard thereon; and WHEREAS, notice of said public hearing was published and otherwise given in the manner required by Article XIV of the Charter; and WHEREAS, on May 8, 2012, the City Council commenced the duly noticed public hearing upon said Proposal and the proposed grant of a Franchise to Franchisee to operate taxicab service within the City of Anaheim; and WHEREAS, on May 8, 2012, the City Council granted non-exclusive franchises for the operation of 255 taxicabs in Anaheim for a term of ten years to three companies: Yellow Cab of Greater Orange County (155 cabs), California Yellow Cab (50 cabs) and A Taxi Cab (50 cabs). The ordinances were adopted at the City Council meeting held on May 29, 2012. All three taxi franchises were to become effective June 29, 2012, and expire on June 29, 2022. However, California Yellow Cab submitted a request for rehearing on June 6, 2012. On June 19, 2012, the City Council granted the request for rehearing. The rehearing was noticed on July 9, 2012 for public hearing to be held on July 24, 2012 and was continued to August 21, 2012. WHEREAS, on August 21, 2012, the City Council commenced the duly noticed public hearing upon said rehearing and Proposal and the proposed grant of a Franchise to Franchisee to operate taxicab service within the City of Anaheim, and the ordinance was adopted by the City Council on August 28, 2012, and at which public hearing the City Council did hear testimony and consider evidence from persons having any interest in the proposed franchise, and did consider any and all objections thereto; and WHEREAS, the City Council hereby overrules all objections to the proposed grant of a Franchise to the Franchisee to operate taxicab service within the City of Anaheim in accordance with the terms and conditions and subject to the limitations hereinafter set forth. AS FOLLOWS: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN SECTION 1. GRANT OF FRANCHISE. The City Council hereby grants a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab, for the operation of fifty (50) taxicabs within the City of Anaheim, and for temporary permits for large conventions or other similar events which temporarily increase the demand for taxicabs beyond the number regularly franchised and when specifically authorized by the Community Preservation Manager or her/his designee at such times and upon such dates as specified in the Proposal and RFP. SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. The terms and conditions upon which said Franchise is granted, and with which the Franchisee is hereby expressly required to comply, are each of those certain terms, conditions, limitations, representations and requirements as expressly set forth in (i) the RFP; (ii) the Proposal; and (iii) the regulations and requirements for the operation of taxicabs as set forth in the Anaheim Municipal Code as amended from time to time (the "Regulations"). The Proposal, the RFP and the Regulations are incorporated herein by this reference as if set forth in full. The aforesaid documents are on file, and available for public inspection, in the Office of the City Clerk of the City of Anaheim during regular business hours. SECTION 3. TERM OF FRANCHISE; ANNUAL REVIEW Upon timely acceptance hereof, the term of this franchise shall commence upon the later of either the effective date of this ordinance or the date of acceptance of this franchise by the Franchisee as required pursuant to Section 1403 of the Charter through and including September 27, 2022, unless terminated sooner pursuant to the terms of Chapter 4.73 of the Anaheim Municipal Code. This franchise shall be subject to annual review as more particularly set forth in Section 4.73.200 of the Anaheim Municipal Code. If, as a result of such annual review, the City Council finds and determines that the franchisee has not complied in good faith with the terms and conditions of the franchise, the City Council may initiate proceedings to terminate or suspend the franchise. SECTION 4. INDEMNIFICATION. The Franchisee shall indemnify, hold harmless, release and defend the City its City Council and each member thereof, and its officers, employees, commission members and representatives from and against any and all liability, claims, suits, costs, expenses, fines, judgments, settlements, charges or penalties whatever, including reasonable attorneys fees, regardless of the merit or outcome of the same arising out of, or in any manner connected with, any, any or all of the operations or services authorized, conducted or permitted under this franchise. SECTION 5. INSURANCE. The Franchisee shall provide and maintain in full force and effect during the term of this franchise liability insurance in accordance with the requirements set forth in Section 4.73.180 of Chapter 4.73 of the Anaheim Municipal Code and RFP. SECTION 6 CONFLICTS BETWEEN PROVISIONS. In the event of any conflict between any provisions of this ordinance and any provision of Chapter 4.73 of the Anaheim Municipal Code, the provisions set forth in said Chapter 4.73 shall prevail. SECTION 7 SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase or word of this ordinance be declared for any reason to be invalid or unenforceable by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 8 SAVINGS CLAUSE. The adoption of this ordinance shall not 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 enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21" day of August, 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 28"' day of August, 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CIT AHEI �'/� MA OR OF THE CITY OF ANAHEIM ATTEST: CITY CLERk OF THE CITY ---(TF AKKHIMM 91269.1 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6253 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21St day of August, 2012, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of August, 2012, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of August, 2012. Qlco -- CITY CLERK OF THE CIT OF ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6253 and was published in the Anaheim Bulletin on the 6t" day of September, 2012. CITY CLERK OF THE CITY OF NAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I 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 adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 6, 2012 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: September 6, 2012 WLM6. 1. !JL1 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space ORDINANCE NO. 6253 AN ORDINANCE OF THE CITY OF' +EIM GRANTING A NON-EXCLUSIVE FRANCHISE TO CABCO, INC.'` - CALIFORNIA YELLOW CAB, FOR THE PURPOSE OF OPERATING TAXICAB SERV- ICE IN THE CITY OF ANAHEIM; AN .TING THE TERM AND CONDITIONS UPON WHICH SAID FRANCH GRANTED WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter") establishes procedures for the award of franchises by the City provides that any person, firm or corporation furnishing the City of tlh transportation may be required by ordinance to have a franchise therefor; and further provides that the City Council is empowered to grant such franchises and to establish additional procedures and terms and conditions of sucl WHEREAS the City Council has heretofore adopted Section 1.02.010 requiring any person, firm or corporation furnishing the City or its inhabitants with transportation to have a valid and existing franchise therefor; and WHEREAS, the City Council has heretofore adopted Ordinance No. 5765 adding Chapter 4.73 of the Anaheim Municipal Code establishing additional procedures for the granting of franchises for taxicab service in the C d establishing additional terms and conditions of such grants; and WHEREAS, pursuant to findings and determinations heretofore made by the City Council as set forth in said Ordinance No. 5765, Section 4.73.045 of said Chapter 4.73 of the Anaheim Municipal Code provides for the awe an three initial franchises for the operation of a total of two hundred and thirty (230) taxicabs within the City (the "Initial Franchises"); and WHEREAS, pursuant to findings and determinations heretofore made by the City Council as set forth in Resolution No. 2009-039, Section 4.73.040 of said Chapter 4.73 of the Anaheim Municipal Code provides that the Cil !ermine that the public convenience and necessity require the operation of additional taxicabs in the City and on February 24, 2009, the City Council determined that the public convenience and necessity require the operation c drabs in the City of Anaheim (the "Franchises"); and WHEREAS, the City Council has heretofore solicited competitive proposals from interested persons, firms and corporations for the award of the Franchises pursuant to that certain Request for Proposal issued by the Ci 12 (the "RFP"); and WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written proposal dated March 28, 2012, for a non-exclusive franchise to operate taxicab service within the City of Anaheim (the "Proposal") frc a California Yellow Cab, (the "Franchisee"); and WHEREAS, the City Council of the City of Anaheim heretofore reviewed said Proposal, and considered the information presented therein, and in the staff reports and recommendations and other relevant information relatinc WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2012-033 declaring its intention to grant a non-exclusive franchise to the Franchisee for the purpo: icab service in the City of Anaheim; stating the terms and conditions upon which it was proposed to grant the Franchise; and establishing the date, hour and place when and where any persons having any interest therein or ob ild appear and be heard thereon; and WHEREAS, notice of said public hearing was published and otherwise given in the manner required by Article XIV of the Charter; and WHEREAS, on May 8, 2012, the City Council commenced the duty noticed public hearing upon said Proposal and the proposed grant of a Franchise to Franchisee to operate taxicab service within the City of Anaheim; and WHEREAS, on May 8, 2012, the City Council granted non-exclusive franchises for the operation of 255 taxicabs in Anaheim for a term of ten years to three companies: Yellow Cab of Greater Orange County (155 cabs), Q b (50 cabs) and A Taxi Cab (50 cabs). The ordinances were adopted at the City Council meeting held on May 29, 2012. All three taxi franchises were to become effective June 29, 2012, and expire on June 29, 2022. However, Q b submitted a request for rehearing on June 6, 2012. On June 19, 2012, the City Council granted the request for rehearing. The rehearing was noticed on July 9, 2012 for public hearing to be held on July 24, 2012 and was contin 2012. WHEREAS, on August 21, 2012, the City Council commenced the duly noticed public hearing upon said rehearing and Proposal and the proposed grant of a Franchise to Franchisee to operate taxicab service within the Ci I the ordinance was adopted by the City Council on August 28, 2012, and at which public hearing the City Council did hear testimony and consider evidence from persons having any interest in the proposed franchise, and did cor objections thereto; and WHEREAS, the City Council hereby overrules all objections to the proposed grant of a Franchise to the Franchisee to operate taxicab service within the City of Anaheim in accordance with the terms and conditions and subj ons hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. GRANT OF FRANCHISE. The City Council hereby grants a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab, for the operation of fifty (50) taxicabs within the City of Anaheim, and for temporary permits for large conventions or other ,emporarily increase the demand for taxicabs beyond the number regularly franchised and when specifically authorized by the Community Preservation Manager or her/his designee at such times and upon such dates as s, ¢anal and RFP. SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. The terms and conditions upon which said Franchise is granted, and with which the Franchisee is hereby expressly required to comply, are each of those certain terms; conditions, limitations, representations and requin asly set forth in (i) the RFP; (ii) the Proposal; and (iii) the regulations and requirements for the operation of taxicabs as set forth in the Anaheim Municipal Code as amended from time to time (the "Regulations"). The Proposal, the pulatlons are incorporated herein by this reference as it set forth in full. The aforesaid documents are on file, and available for public inspection, in the Office of the City Clerk of the City of Anaheim during regular business hours. SECTION 3. TERM OF FRANCHISE; ANNUAL REVIEW Upon timely acceptance hereof, the term of this franchise shall commence upon the later of either the effective date of this ordinance or the date of acceptance of this franchise by the Franchisee as required pursuant to S Charter through and including September 27, 2022, unless terminated sooner pursuant to the terms of Chapter 4.73 of the Anaheim Municipal Code. This franchise shall be subject to annual review as more particularly set forth in Section 4.73.200 of the Anaheim Municipal Code. If, as a result of such annual review, the City Council finds and determines that the franc nplied in good faith with the terms and conditions of the franchise, the City Council may initiate proceedings to terminate or suspend the franchise. SECTION 4. INDEMNIFICATION. The Franchisee shall indemnity, hold harmless, release and defend the City its City Council and each member thereof, and its officers, employees, commission members and representatives from and against any and all Iia S, costs, expenses, fines, judgments, settlements, charges or penalties whatever, including reasonable attorneys fees, regardless of the merit or outcome of the same arising out of, or in any manner connected with, any, any or all is or services authorized, conducted or permitted under this franchise. SECTION 5. INSURANCE. - The Franchisee shall provide and maintain in full force and effect during the term of this franchise liability insurance in accordance with the requirements set forth in Section 4.73.180 of Chapter 4.73 of the Anaheim Munici 0 SECTION 6 CONFLICTS BETWEEN PROVISIONS. In the event of any conflict between any provisions of this ordinance and any provision of Chapter 4.73 of the Anaheim Municipal Code, the provisions set forth in said Chapter 4.73 shall prevail. SECTION 7 SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase or word of this ordinance be declared for any reason to be invalid or unenforceable by the final judgment c ipetent jurisdiction, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 8 SAVINGS CLAUSE. The adoption of this ordinance shall not 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 per 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 atements and continuations and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21st day of August, 2012, and thereafter passed and adopted at a regular meeting of said City Cc 28th day of August, 2012, by the following roil call vote: .S: Mayor Taft, Council Members Sidhu, Galloway, Eastman and Murray ES: None SENT: None STAIN: None CITY OF ANAHEIM /s/ Tom Tai MAYOR OF THE CITY OF ANAHEIM ANAHEIM :6 2012 9506236