6495 ORDINANCE NO. 6 4 9 5
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
GRANTING A NON-EXCLUSIVE FRANCHISE TO CABCO
YELLOW, INC. DBA CALIFORNIA YELLOW CAB, FOR THE
PURPOSE OF OPERATING TAXICAB SERVICE IN THE
CITY OF ANAHEIM
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 adopted Anaheim Municipal Code 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, two franchisees, A-Taxi and Yellow Cab went out of business, and
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 July 15, 2020 (the "RFP"); and
WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a
written proposal dated August 14, 2020, for a non-exclusive franchise to operate taxicab service
within the City of Anaheim (the "Proposal") from Cabco Yellow, 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. 2020-105 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 September 15, 2020, 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 September 15, 2020, 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 Cabco Yellow, Inc.,
dba California Yellow Cab, for the operation of one hundred and fifty-five (155) 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 15th day of September, 2020, and thereafter
passed and adopted at a regular meeting of said City Council held on the 6th day of October,
2020, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Barnes , Brandman,
Moreno, Kring, and O ' Neil
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
4 IA. /.
M• O' '1 T= CI Y O' •NAHEIM
ATTEST:
CITY CLERK F THE CITY OF ANAHEIM
139286
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No.6495 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 15th day of September, 2020, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 6th day of October, 2020, by the
following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno,
Kring and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of October, 2020.
110
CITY CLE' OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin PROOF OF PUBLICATION
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011416876
714-796-2209 SUMMARY PUBLICATION
ORDINANCE NO.6495
AN UNCODI FI ED ORDINANCE OF THE CITY OF
ANAHEIM GRANTING A NON-EXCLUSIVE
FRANCHISE TO CABCO YELLOW, INC.
DBA CALI FORN IA YELLOW CAB, FOR THE
5190168 PURPOSE OF OPERATING TAXICAB SERVICE IN
THE CITY OF ANAHEIM
ANAHEIM,CITY OF/CLERKS OFF The primary purpose of this ordinance is to grant
Cabco Yellow, Inc. dba California Yellow Cab a taxi-
200 S ANAHEIM BLVD STE 217 cab franchise for 155 taxicabs.
ANAHEIM, CA 92805-3820 I,Theresa Bass, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is a summary of Or-
dinance No. 6495, which ordinance was introduced at a
regular meeting of the City Council of the City of Ana-
heim on September 15, 2020 and was duly passed and
adopted at a regular meeting of the Council on October
6, 2020 by the following roll call vote of the members
FILE NO. ORD NO. 6495 thereof:
AYES: Mayor Sidhu and Council Members Faessel,
Barnes, Brandman,Moreno, Kring and O'Neil
AFFIDAVIT OF PUBLICATION NOES: None
STATE OF CALIFORNIA, ABSENT: None
SS. ABSTAIN: None
County of Orange The above summary is a brief description of the sub-
ject matter contained in the text of Ordinance No.6495,
which has been prepared pursuant to Section 512 of the
Charter of the City of Anaheim. This summary does
not include or describe every provision of the ordi-
nance and should not be relied on as a substitute for
I am a citizen of the United States and a resident of the The full text of the ordinance.
County aforesaid; I am over the age of eighteen years, and pep eta ntact The Officee of theeCity Clerk,o(714) 765-
not a party to or interested in the above entitled matter. I 5166, between 8:oo a.m. and 5:00 P.m., Monday
am the principal clerk of the Anaheim Bulletin, a through Friday. There is no charge for the copy.
newspaper that has been adjudged to be a newspaper of Published Anaheim Bulletin Oct.15,2020 11416816
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:
10/15/2020
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 Anaheim, Orange County, California, on
Date: October 15, 2020.
Signature
1
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS. City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6495 and was published in the Anaheim Bulletin on the 15th
day of October, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim.
((°-
LERK OF THE CITY OF ANAHEIM
(SEAL)