6388ORDINANCE NO. 6 3 8 8
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A
NON-EXCLUSIVE FRANCHISE TO YELLOW CAB
COMPANY OF NORTHERN ORANGE COUNTY, INC. DBA
YELLOW CAB OF GREATER ORANGE COUNTY, 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 two hundred fifty-five (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 Yellow Cab of Northern Orange County, Inc.
dba Yellow Cab of Greater Orange County, (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, the Superior Court found that the rehearing held by the City on
August 21, 2012 in conjunction with the award of taxi franchises, did not comply with Anaheim
Municipal Code ("AMC") Section 1.12.100, and that the City's decision following the rehearing
was lacking in evidentiary support. The Court found that the City invited the four (4) companies
involved in the original RFP to submit new information in conjunction with the rehearing, but
that the City's Taxi Advisory Committee (TAC) did not re -score the new information, and the
City did not reevaluate the new information or the ranking of the four companies. The Superior
Court directed the City to set aside the previously -adopted franchise ordinances and conduct a
rehearing pursuant to AMC Section 1.12.100. The City is complying with the Superior Court's
order by conducting a de novo rehearing on the franchises following the TAC's rescoring of the
information submitted by the four companies in July and August of 2012.
WHEREAS, on September 27, 2016, 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, which public hearing was completed by the
City Council on October 18, 2016, 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.
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 Yellow Cab
Company of Northern Orange County, Inc., dba Yellow Cab of Greater Orange County, for the
operation of one hundred eighty (180) 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
June 28, 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 18th day of October, 2016, and thereafter passed
and adopted at a regular meeting of said City Council held on the 25th day of October, 2016, by
the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY 9X—�kNAHEIM
r®�
MA OR OF T14E CITY OF ANAHEIM
AT T:
CITY CLERK OF THE CITY OF NAHEIM
119062v1
CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6388 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 18th day of October, 2016, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 25th
day of October, 2016, by the following
vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October, 2016.
mwri
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6388 and was published in the Anaheim Bulletin on the 3rd day of
November, 2016.
CITY CLERK OF THE CITY OF A AHEIM
(SEAL)
i
AFFIDAVIT OF PUBLICATIO
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:
November 3, 2016
"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: November 3, 2016
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
�,R_iNANCE NO. 6388
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A _`-- .
NON-EXCLUSIVE FRANCHISE TO YELLOW CAB .
COMPANY OF NORTHERN ORANGE COUNTY, INC. DBA
YELLOW CAB OF GREATER ORANGE COUNTY, 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 Ciiy of Anaheim (the "Char-
PNter") establishes procedures for the award of franchises by the City; provides that anyy per-
son, firm or corporation furnishing the Clty or it$ inhabitants wRh transportation may be re-
quired by ordinance to have a franchise therefor, and further pprovides hat the City Council
is empowered to grant such franchises and to establish.additionalproc6dures and terms
and conditbns ofsuch grants; and
WHEREAS the City Council has heretofore adopted Section. 1,02.010 requiring any per-
son, 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. V65 'addf'1g: hap
ter 4.73 of the Anaheirn Municipal Code establishing addiElonai procedures for the gr2nting
of franchises for takicab service in the City of Anaheim and establishing additional terms
and conditions of such grants; and
WHEREAS, pursuant tolindinga 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 Ana-
heim 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 Fran-
chises"); and
WHEREAS, pursuant to findings and determinations heretofore made by the CI'ry Council
as set forth in Resolution No. 2009 039, Section 4.73.040 of said Chapter 4.73 of the Ana-
heim Municipal Code provides that the City Council may determine that thepbile conv�n-
fence 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 two hundred fifty-five (255) taxicabs in the City of Anaheim (the
"Franchises"); and
WHEREAS, the City Council has heretofore solicited competitive proposals from interest-
ed persons, firms and corporations for the award of the Franchises pursuant to that certain'
Requestfor 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 Yellow Cab of Northern Orange County,
Inc. dba Yellow Cab of Greater Orange County, (the "Franchisee"); and
WHEREAS, the City Council of the City Anaheim heretofore reviewed said Proposal,
and considered the information presented therein, and in the staff rsports and recommen-
dations and other relevant information relating thereto; and
WHERdhS pursuant to the erocegure set 101- a fhe'City
Council Itis wit orate Lia non-
exclusive franchise to he Franchisee for the purpd a of oper ing taxica service 'the'
City of Anaheim; statingg the terms and conditions upon which it was proposed to grant the
Franchise, and establlshing the date, hour and place when and where any persons having
any interest therein or objection thereto could appear and be heardtherecn;'end
WHEREAS, notice of said public hearing was published and otherwise given in the'man-
ner required by Article XIV of the Charter; and
WHEREAS, the SupsrioS[ Court found that the rehearingg held by the°City on,August 21,
2012 in conjunction with the award of taxi franchises, did iiot comily with /tnaheim Munici-
Pal Code ("AMC") Section'l.12.100, and that the City's decision fol Owing the rehearing was',
acking in evidentlary support. The Court found that the City invited the four (4) companies
involved in the original RFP to submit new information in conjunction with the rehearing,
but that the City's Taxi Advisory Committee.(TAC) did not re -score the new information,
and the City did not reevaluate the new Infohi iatfon or the ranking of the four companies.
The Superior Court directed the City to set aside the previous)y-adopted franchise ordinan-
ces and conduct a rehearinbggypursuant to AMC Section 1.12;100, The City is comp)ying with
the Supperior Court's order f conducting a de'noVa rehearing.on the franchises following
I
TA
C's resooring of the in sU mitted.by the four:coinpanies in July and August
of 2012.
WHEREAS; on -September 27,'2016, the City Council commenced the duly noticed pub-
lic hearing upon said Proposal and the proposed grant of a Franchise to Franchisee to op-
erate tax cab seri ice within the Gi df Anabeim, :which public heart ngg was,ccmpplsted by
the City Council on Oetoper 18, 20I and at, Which pybiic hearing the
Ci Caunc1'did hear
testimony and consider evidence from persons having any interest
chise, and did consider any and all objections thereto; and', in the proposed fran-
WHEREAS; the City Council hereby overrules all Objections to the p�opgged grant of a
Franchise to the Franchises to o arate taxicab servioa within the City a'f Anaheim in ac-
cordance with the terms and con' itions and subject to the limitations hereinafter set forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1. GRANT OF FRANCHISE.
Ttie CiN Counpil. heregrants anon-eXclusi6e franchise to Yellow Cab.Company of
Northern Oran!sightyk18O'
e Counnc., dba Yellow Cab of Greater Orange County, for the operation
of one hundretaxicabs within theCityofAnaheimnd'fortemporatypermitsforlargconvntionher similar events which temporarily increae the demand fortaxicabs beyod the number regular)yy franchised and when spec'rflcally authorized by the
Commun ty Preservation Mon.gor or her1h.. 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, condi-
tions, 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 Cade as amended from time to time (the "'Re ulations").
The Proposal, the RFP and the Rebulations.are incorporated herein by this not rence as if
set forth in full -The aforesaid documents are on file, and available for public inspection, in
the Office of the City Clark of the City of Anaheim during regular business- hours.
SECTION, 3. TERM OF. FRANCHISE; ANNUAL REVIEW
Upon timely acceptance hereyf, the'term of thle,franchise shall commencq upon the later,
Of either the effective date df'this Ordinance or the date of acceptance of this franchise by
the Franchisee as required pursuant to Section 1443 of the Chatter through and including
June 28, 2022, unfess terminated sooner pursuarit to the terms of Chapter 4.7a of the Ana-
heim Municipal Code.
This franchise shall be subject to annual review as more particulaNy set forth in Section
4.73.200 of the Anaheim Municipal Code, If, as a, result of s h annual layiggy,_ I City
counciLfinds pd, -chili iirias fhat the Tra7iohisee�has rF c i Fed Ri" 3d iialffi `wiI the j
terms and conditions of the franchise, the City Council may initiate proceedings to. termi-
nate 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 representative 'a rlt-arid : i at„ ny agd.ail liability, claims,
suits, crista, a no ` firiss� d : cit, attaftles whatever, in reason b e'attltme�ls fe fag tha:ltame arising
out of, or in any manner connected with, any, any or allot the operations or services au-
thorized, conducted or permitted under this franchise,
eerTlnnl c If.ICI IDANnC
Isee 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 SEVERA ILITY. .
The City Councd of the City of Anaheim'hereby declares that should any section, 'para-
graph, sentence, phrase.of word.Pf this ordinance be declared for any'reason to be invalid
or unenforceable py the final Judgment of an court of comppetent jurisdlction', it is the intent
Of the City Council that ff would Judgment
all other portions of thisbrdinance independ-
ent of the elimination herefrom of ari'y such portion as may be declared invalid.
SECTION 8 SAVINGS,:CLAUSE:
The adoption of this ordinance shall not in any marine( affect the prosecution for viola-
tions of ordinances which violations were committed priorto the effective date hereof, nor
be construed as A waiver of any license or penalty'orthe �snal previsions applicable to
any violation thereof. The.provislons of this ordinance,'insofar as they are subetantia%ythe
same as ordinance provisions previously adopted by the City relating to the same sub'ect
matter, shall be construed as restatements and continuations and not as new enactmen�.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 18th day of October, 2016, and thereafter passed and
adopted at a regular meeting of said City Councilheld on the 25th day of October, 2016,
by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt
NOES: None
ABSENT: None
A13STAIN: None
PITY OF ANAHEIM
MA .OR 00 THE C6,WAKWEIM
iATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
119062v1 Publish: Anaheim Bulletin November 3. 201610210636