sr-121410-7e (5)~ir
City of
Santa Monica
City Council Report
City Council Meeting: December 14, 2010
Agenda Item: 7
To: Mayor and City Council
From: Carol Swindell, Director of Finance
Subject: Ordinances Increasing the Maximum Number of Taxicabs
Recommended Action
Staff recommends that City Council introduce for first reading ordinances amending the
taxicab franchises with Bell Cab Company, Independent Taxi Owners Association,
Metro Cab Company, Taxi Taxi, and Yellow Cab Company to increase the maximum
number of taxicabs per company to up to sixty.
Executive Summary
At its November 23, 2010 meeting, Council adopted ordinances granting taxicab
franchises to Bell Cab Company, Independent Taxi Owners Association, Metro Cab
Company, Taxi Taxi, and Yellow Cab Company. During its November 9, 2010 meeting,
Council also directed staff to return to Council with necessary actions to increase the
maximum number of permitted taxicabs to 300. On November 23, Council introduced
the necessary ordinance increasing the total number of taxicabs from 250 to 300. This
report modifies each franchise ordinance to increase the maximum number of taxicabs
to sixty for each company.. The recommended ordinance change would increase
projected revenue by approximately $25,000 annually.
Background
The 2008 Nelson\Nv4aard Santa Monica Taxi Study concluded, among other findings,
that Santa Monica has too many taxicabs. The study included an extensive discussion
of methodologies to determine the right number of taxicabs for Santa Monica. The study
looked at numerous factors, including an economic analysis, on-street data collection,
and comparisons to comparable cities. The study concluded that the optimal number of
taxicabs in Santa Monica was between 200 and 300. At its July 28, 2009 meeting,
Council approved an ordinance that set the maximum number of taxicabs at 250, the
midpoint of the recommended range.
1
At its November 9. 2010 meeting, Council introduced for first reading ordinances
granting taxicab franchises to Bell Cab Company, Independent Taxi Owners
Association, Metro Cab Company, Taxi Taxi, ahd Yellow Cab Company. During
discussions related to the proposed franchise system, Council expressed concern about
the total number of taxicabs, including:
• The number of taxicabs permitted in Santa Monica that could also be permitted
to serve Los Angeles and other surrounding cities.
• Ensuring that 250 taxicabs are available for passengers in Santa Monica at all
times, given. that some taxicabs would be transporting passengers to
destinations outside the city, such as Los Angeles International Airport.
• That 250 taxicabs may not be sufficient, given the range in the Nelson\Nygaard
recommendation and the number of large events that take place in the city, such
as GLOW, L. A. Marathon and American Film Market.
Council then directed staff to prepare necessary ordinances to increase the maximum
number of permitted taxicabs to 300, which is the maximum number recommended in
the Nelson\Nygaard study. On November 23: 2010, Council introduced for first reading
an ordinance modifying Santa Monica Municipal Code Section 6.49:040 (d), increasing
the total number of permitted taxicabs to 300. This ordinance's second reading is on
tonight's agenda.
Discussion
As part of its action establishing taxicab franchises on November 9, 2010, Council
directed staff to increase each franchise taxicab company's allocation to sixty vehicles.
The attached ordinances modify the franchise ordinances with Bell Cab Company,
Independent Taxi Owners Association, Metro Cab Company, Taxi Taxi, and Yellow Cab
Company to allow up to sixty taxicabs per company.
2
Financial Impacts & Budget Actions
The proposed ordinances would increase revenue by approximately $25,000 annually
due to the additional number of taxicabs. Revenue generated from the taxicab
franchises offsets the City's cost to administer the franchises.
Prepared by: Donald P. Patterson, Business & Revenue Operations Manager
Approved:
Carol Swindell ~r ~+
Director of Finance ~~x~
Attachments:
Ordinances modifying taxicab franchises
Forwarded to Council:
-~~ .
Rod Gould
City Manager
3
City Council Meeting 12-14-2010
Santa Monica. California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2329 (CCS) GRANTING A
TAXICAB FRANCHISE TO BELL CAB COMPANY. INC.
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292
(CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs
in the City, in order to assure reliable, safe, quality taxicab services in the City and to
eliminate undue congestion and air pollution, disorganization and hazards associated
with the City's previous open-entry regulated taxicab environment; and
WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS),
declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi
Owners' Association (ITOA); Metro Cab Company, LLC; TMAT Corp:, doing business as
Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and
setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with
City Charter Section 1601, at which all interested persons were given an opportunity to be
heard on all matters relative to the proposed granting of taxicab franchises; and
1
WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2329 (CCS)
granting a taxicab franchise to Bell Cab Company, Inc. ("Bell Cab"), and authorizing the
company to operate a maximum of 50 taxicabs; and
WHEREAS, on December 14, 2010, Council amended Santa Monica Municipal
Code section 6.49.040, subdivision (d), to increase the maximum number of taxicabs in the
City to 300; and
WHEREAS, at Council's direction, staff offered Bell Cab the opportunity to operate
up to 10 additional taxicabs in its taxicab fleet; and
WHEREAS, Bell Cab is authorized to operate a maximum of 60 taxicabs in the City;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HERESY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5 of Ordinance No. 2329 (CCS) entitled "TAXICAB FLEET", is
deleted and replaced with the following:
(a) Fleet Size. Grantee is authorized by this Franchise to provide taxicab
services in the City through a taxicab fleet consisting of a maximum of 60 vehicles. The
number of vehicles authorized in Grantee's taxicab fleet shall be set until modified by
Council.
(b) Fleet Makeup -Wheelchair Accessible Vehicles. At least 5 ofthe authorized
taxicab fleet vehicles must be side-loading wheelchair accessible vehicles in compliance
with the Americans with Disabilities Act ("ADA") and Taxicab Rules. The City Manager or
his or her designee may require that Grantee increase the minimum number of wheelchair
accessible vehicles within its authorized taxicab fleet and may specify vehicle service
2
availability for general wheelchair accessible trips notwithstanding any existing contractual
arrangements.
(c) .Operational Schedule.
(1) .Except as otherwise provided in this Ordinance, within the first 5
months of the effective date of this Franchise, Grantee must place at least 50 taxicabs into
service as follows:
(i) Within the first month, at least 8 vehicles certified as Super
Ultra-Low Emission Vehicles ("SULEV") by the California Air Resources Board ("GARB"),
28 vehicles certified as Ultra-Low Emission Vehicles ("ULEV"), and 4side-loading
wheelchair accessible taxicabs;
(ii) Within the second month, at least 10 SULEV taxicabs, 28 ULEV
taxicabs,. a.nd 5side-loading wheelchair accessible taxicabs;
(iii) Within the third month, at least 13 SULEV taxicabs, 30 ULEV
taxicabs, and 5side-loading wheelchair accessible taxicabs;
(iv) Within the fourth month, at least 14 SULEV taxicabs, 31 ULEV
taxicabs, and 5side-loading wheelchair accessible taxicabs; and
(v) Within the fifth month, 16 SULEV taxicabs, 29 ULEV taxicabs,
and 5side-loading wheelchair accessible taxicabs.
(2) In addition to the above 50 taxicabs, Grantee must place up to 10
additional SULEV, ULEV, or wheelchair accessible taxicabs into service within the City in a
manner and schedule as approved by the City Manager or his or her designee. The fleet
make-up of the additional taxicabs must be consistent with Grantee's proposed fleet
3
submitted in Grantee's March 2010 response to the Request for Proposals issued in
January 2010, and approved by the City Manager or his or her designee.
(3) Grantee's taxicab fleet must be fully operational in accordance with
this Ordinance within 6 months of the effective date of this Franchise, unless otherwise
authorized in writing by the City Manager or his or her designee, in his or her sole and
absolute discretion. Grantee may, upon written application to and authorization by the City
Manager or his or her designee, adjust Grantee's taxicab fleet make-up. Any adjusted fleet
make-up must be consistent with Grantee's proposed fleet submitted in Grantee's March
2010 response to the Request for Proposals issued in January 2010.
(d) Continuous Operation. After Grantee shall have established taxicab services
pursuant to this Franchise, Grantee must ensure that, except for necessary repairs, all its
taxicabs are available for service at all times, and such service may not be suspended or
abandoned unless such suspension or abandonment is authorized or ordered, in writing,
by the City.
(e) Request for Reduction in Taxicab Fleet. Whenever Grantee may file a written
application with the City Clerk alleging that the public convenience and necessity no longer
requires Grantee to furnish taxicab services with the number of vehicles authorized under
this Franchise, Council will take evidence at a public hearing upon that question and make
a finding with respect thereto. Notice of such hearing will be given for a period of at least
15 days priorthereto by posting such notice in each of Grantee's taxicabs; such notices, in
a form satisfactory to City, are to be posted by Grantee. If Council finds after the public
hearing that the public convenience and necessity no longer requires Grantee to furnish
taxicab services with the number of vehicles authorized underthis Franchise, Council may
4
authorize suspension or abandonment of such service upon such reasonable terms and
conditions as may be prescribed therein.
SECTION 2. Except as expressly modified by this Ordinance, all other terms and
conditions of the taxicab franchise granted to Bell Cab pursuant to Ordinance No. 2329
(CCS) shall be and remain in full force and effect.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from .its adoption.
APPROVED AS TO FORM:
~ ~
M SHAD ES MO T IE
City Attorne,
5
City Council Meeting 12-14-2010
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE, OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2330 (CCS) GRANTING A TAXICAB FRANCHISE
TO INDEPENDENT TAXI OWNERS' ASSOCIATION
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292
(CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs
in the. City, in order to assure reliable, safe, quality taxicab services in the. City and to
eliminate undue congestion and air pollution, disorganization and hazards associated
with the City's previous open-entry regulated taxicab environment; and
WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS),
declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi
Owners' Association ("ITOA"); Metro Cab Company, LLC; TMAT Corp., doing business as
Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and
setting a public hearing; and
WHEREAS; on November 9, 2010, Council held a public hearing in accordance with
City Charter Section 1601, at which all interested persons were given an opportunity to be
heard on all matters relative to the proposed granting of taxicab franchises; and
1
WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2330 (CCS)
granting a taxicab franchise to Independent Taxi Owners' Association and authorizing the
company to operate a maximum of 50 taxicabs; and
WHEREAS, on December 14, 2010, Council amended Santa Monica Municipal
Code section 6.49.040, subdivision (d), to increase the maximum number of taxicabs in the
City to 300; and
WHEREAS, at Council's direction, staff offered Independent Taxi Owners'
Association the opportunity to operate up to 10 additional taxicabs in its taxicab fleet; and
WHEREAS, Independent Taxi Owners' Association is authorized to operate a
maximum of 60 taxicabs in the City;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5 of Ordinance No. 2330 (CCS), entitled "TAXICAB FLEET", is
deleted and replaced with the following:
(a) Fleet Size. Grantee is authorized by this Franchise to provide taxicab
services in the City through a taxicab fleet consisting of a maximum of 60 vehicles. The
number of vehicles authorized in Grantee's taxicab fleet shall be set until modified by
Council.
(b) Fleet Makeup -Wheelchair Accessible Vehicles. At least 5 of the authorized
taxicab fleet vehicles must be side-loading wheelchair accessible vehicles in compliance
with the Americans with Disabilities Act ("ADA") and Taxicab Rules. The City Manager or
his or her designee may require that Grantee increase the minimum number of wheelchair
2
accessible vehicles within its authorized taxicab fleet and may specify vehicle .service
availability for general wheelchair accessible trips notwithstanding any existing contractual
arrangements.
(c) Operational Schedule.
(1) Except as otherwise provided in this Ordinance, within the first month
of the effective date of this Franchise; Grantee must place at least 45 vehicles certified as
Super Ultra-Low Emission Vehicles ("SULEV") by the California Air Resources Board
("GARB"), and at least 5side-loading wheelchair accessible taxicabs, into service.
(2) In addition to the above 50 taxicabs, Grantee must place up to 10
additional SULEV, Ultra Low Emission Vehicles ("ULEV"), or wheelchair accessible
taxicabs into service within the City in a manner and schedule as approved by the City
Manager or his or her designee. The fleet make-up of the additional taxicabs must be
consistent with Grantee's proposed fleet submitted in Grantee's March 2010 response to
the Request for Proposals issued in January 2010, and approved by the City Manager or
his or her designee.
(3) Grantee's taxicab fleet must be fully operational in accordance with
this Ordinance within 6 months of the effective date of this Franchise, unless otherwise
authorized in writing by the City Manager or his or her designee, in his or her sole and
absolute discretion. Grantee may, upon written application to and authorization by the City
Manager or his or her designee, adjust Grantee's taxicab fleet make-up. Any adjusted fleet
make-up must be consistent with Grantee's proposed fleet submitted in Grantee's March
2010 response to the Request for Proposals issued in January 2010.
3
(d) Continuous Operation. After Grantee shall have established taxicab services
pursuant to this. Franchise, Grantee must ensure that, except for necessary repairs, all its
taxicabs are available for service at all times, and such service may not be suspended or
abandoned unless such suspension or abandonment is authorized or ordered, in writing,
by the City.
(e) Request for Reduction in Taxicab Fleet. Whenever Grantee may file a written
application with the City Clerk alleging that the public convenience and necessity no longer
requires Grantee to furnish taxicab services with the number of vehicles authorized under
this Franchise, Council will take evidence at a public hearing upon that question and make
a finding with respect thereto. Notice of such hearing will be given for a period of at least
15 days priorthereto by posting such notice in each of Grantee's taxicabs; such notices, in
a form satisfactory to City, are to be posted by Grantee. If Council finds after the public
hearing that the public convenience and necessity no longer requires Grantee to furnish
taxicab services with the number of vehicles authorized under this Franchise, Council may
authorize suspension or abandonment of such service upon such reasonable terms and
conditions as may be prescribed therein.
SECTION 2. Except as expressly modified by this Ordinance, all other terms and
conditions of the taxicab franchise granted to Independent Taxi Owners' Association
pursuant to Ordinance No. 2330 (CCS) shall be and remain in full force and effect.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
4
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The Gity Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
Y~ n
~~ ~l<( lei'!/ /r , ~ ~ ~,; `L~
M~S A JOf~} S MOU~RIE
Cit Attorn~y
5
City Council Meeting 12-14-2010
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2331 (CCS) GRANTING A
TAXICAB FRANCHISE TO METRO CAB COMPANY, LLC
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292
(CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs
in the City, in order to assure reliable, safe, quality taxicab services in the City and to
eliminate undue congestion and air pollution, disorganization and hazards associated
with the City's previous open-entry regulated taxicab environment; and
WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS),
declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi
Owners' Association ("ITOA"); Metro Cab Company, LLC; TMAT Corp., doing business as
Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and
setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with
City Charter Section 1601, at which all interested persons were given an opportunity to be
heard on all matters relative to the proposed granting of taxicab franchises; and
1
WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2331 (CCS)
granting a taxicab franchise to Metro Cab Company, LLC ("Metro Cab"), and authorizing
the company to operate a maximum of 50 taxicabs; and
WHEREAS, on December 14, 2010, Council amended Santa Monica Municipal
Code section 6.49.040, subdivision (d), to increase the maximum numberoftaxicabs in the
City to 300; and
WHEREAS, at Council's direction, staff offered Metro Cab the opportunityto operate
up to 10 additional taxicabs in its taxicab fleet; and
WHEREAS, Metro Cab is authorized to operate a maximum of 60 taxicabs in the
City;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5 of Ordinance No. 2331 (CCS), entitled "TAXICAB FLEET", is
deleted and replaced with the following:
(a) Fleet Size. Grantee is authorized by this Franchise to provide taxicab
services in the City through a taxicab fleet consisting of a maximum of 60 vehicles. The
number of vehicles authorized in Grantee's taxicab fleet shall be set until modified by
Council.
(b) Fleet Makeup -Wheelchair Accessible Vehicles. At least 5 of the authorized
taxicab fleet vehicles must be side-loading wheelchair accessible vehicles in compliance
with the Americans with Disabilities Act ("ADA") and Taxicab Rules. The City Manager or
his or her designee may require that Grantee increase the minimum number ofwheelchair
2
accessible vehicles within its authorized taxicab fleet and may specify vehicle service
availability for general wheelchair accessible trips notwithstanding any existing contractual
arrangements.
(c) Operational Schedule.
(1) Except as otherwise provided in this Ordinance, within the first month
of the effective date of this Franchise, Grantee must place at least 45 vehicles certified as
Super Ultra-Low Emission Vehicles ("SULEV") by the California Air Resources Board
("GARB"), and at least 5side-loading wheelchair accessible taxicabs, into service.
(2) In addition to the above 50 taxicabs, Grantee must place up to 10
additional SULEV, Ultra-Low Emission Vehicles ("ULEV"), or wheelchair accessible
taxicabs into service within the City in a manner and schedule as approved by the City
Manager or his or her designee. The fleet make-up of the additional taxicabs must be
consistent with Grantee's proposed fleet submitted in Grantee's March 2010 response to
the Request for Proposals issued in January 2010, and approved by the City Manager or
his or her designee.
(3) Grantee's taxicab fleet must be fully operational in accordance with
this Ordinance within 6 months of the effective date of this Franchise, unless otherwise
authorized in writing by the City Manager or his or her designee, in his or her sole and
absolute discretion. Grantee may, upon written application to and authorization by the City
Manager or his or her designee, adjust Grantee's taxicab fleet make-up. Any adjusted fleet
make-up must be consistent with Grantee's proposed fleet submitted ih Grantee's March
2010 response to the Request for Proposals issued in January 2010.
3
(d) Continuous Operation. After Grantee shall have established taxicab services
pursuant to this Franchise, Grantee must ensure that, except for necessary repairs, all its
taxicabs are available for service at all times, and such service may not be suspended or
abandoned unless such suspension or abandonment is authorized or ordered, in writing,
by the City
(e) Request for Reduction in Taxicab Fleet. Whenever Grantee may file a written
application with the City Clerk alleging that the public convenience and necessity no longer
requires Grantee to furnish taxicab services with the number of vehicles authorized under
this Franchise, Council wi41 take evidence at a public hearing upon that question and make
a finding with respect thereto. Notice of such hearing will be given for a period of at least
15 days priorthereto by posting such notice in each of Grantee's taxicabs; such notices, in
a form satisfactory to City, are to be posted by Grantee. If Council finds after the public
hearing that the public convenience and necessity no longer requires Grantee to furnish
taxicab services with the number of vehicles authorized under this Franchise, Council may
authorize suspension or abandonment of such service upon such reasonable terms and
conditions as may be prescribed therein.
SECTION 2. Except as expressly modified by this Ordinance, all. other terms and
conditions of the taxicab franchise granted to Metro Cab pursuant to Ordinance No. 2331
(CCS) shall be and remain in full force and effect.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
4
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that itwould have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
MA A JON S MOUTI,, lE
Ci Attorney
5
City Council Meeting 12-14-2010
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2332 (CCS) GRANTING A TAXICAB FRANCHISE
TO TMAT CORP.,. DOING BUSINESS AS TAXI! TAXI!
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292
(CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs
in the City, in order to assure reliable, safe, quality taxicab services in the City and to
eliminate undue congestion and air pollution, disorganization and hazards associated
with the City's previous open-entry regulated taxicab environment; and
WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS),
declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi
Owners' Association ("ITOA"); Metro Cab Company, LLC; TMAT Corp., doing business as
Taxi! Taxi!; and L.A: Taxi Cooperative, Inc., doing business as Yellow Cab Company, and
setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with
City Charter Section 1601, at which all interested persons were given an opportunity to be
heard on all matters relative to the proposed granting of taxicab franchises; and
1
WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2332 (CCS)
granting a taxicab franchise to TMAT Corp., doing business as Taxi! Taxi! ("Taxi! Taxi!")
and authorizing the company to operate a maximum of 50 taxicabs; and
WHEREAS, on December 14, 2010, Council amended Santa Monica Municipal
Code section 6.49.040, subdivision (d), to increase the maximum number of taxicabs in the
City to 300; and
WHEREAS, at Council's direction, staff offered Taxi! Taxif the opportunity to operate
up to 10 additional taxicabs in its taxicab fleet; and
WHEREAS, Taxi! Taxi! is authorized to operate a maximum of 60 taxicabs in the
City;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5 of Ordinance No. 2332 (CCS), entitled "TAXICAB FLEET", is
deleted and replaced with the following:
(a) Fleet Size. Grantee is authorized by this Franchise to provide taxicab
services in the City through a taxicab fleet consisting of a maximum of 60 vehicles. The
number of vehicles authorized in Grantee's taxicab fleet shall be set until modified by
Council.
(b) Fleet Makeup -Wheelchair Accessible Vehicles. At least 5 of the authorized
taxicab fleet vehicles must be side-loading wheelchair accessible vehicles in compliance
with the Americans with Disabilities Act ("ADA") and Taxicab Rules. The City Manager or
his or her designee may require that Grantee increase the minimum number ofwheelchair
2
accessible vehicles within its authorized taxicab fleet and may specify vehicle service
availability for general wheelchair accessible trips notwithstanding any existing contractual
arrangements.
(c) Operational Schedule.
(1) Except as otherwise provided in this Ordinance, Grantee must place at
least 50 taxicabs into service as follows:
(i) Within the first month of the effective date of this Franchise, at
least 29 vehicles certified as Super Ultra-Low Emission Vehicles ("SULEV") by the
California Air Resources Board ("GARB"), and 5side-loading wheelchair accessible
taxicabs;
(ii) Within the second month of the effective date of this Franchise,
at least 35 SULEV taxicabs, and 5side-loading wheelchair accessible taxicabs; and
(iii) Within the third month of the effective date of this Franchise, at
least 45 SULEV taxicabs, and 5side-loading wheelchair accessible taxicabs.
(2) In addition to the above 50 taxicabs, Grantee must place up to 10
additional SULEV, Ultra-Low Emission Vehicles ("ULEV"), or wheelchair accessible
taxicabs into service within the City in a manner and schedule as approved by the City
Manager or his or her designee. The fleet make-up of the additional taxicabs must be
consistent with Grantee's proposed fleet submitted in Grantee's March 2010 response to
the Request for Proposals issued in January 2010,. and approved by the City Manager or
his or her designee.
(3) Grantee's taxicab fleet must be fully operational in accordance with
this Ordinance within 6 months of the effective date of this Franchise, unless otherwise
3
authorized in writing by the City Manager or his or her designee, in his or her sole and
absolute discretion. Grantee may, upon written application to and authorization by the City
Manager or his or her designee; adjust Grantee's taxicab fleet make-up. Any adjusted fleet
make-up must be consistent with Grantee's proposed fleet submitted in Grantee's March
2010 response to the Request for Proposals issued in January 2010.
(d) Continuous Operation. After Grantee shall have established taxicab services
pursuant to this Franchise, Grantee must ensure that, except for necessary repairs, all its
taxicabs are available for service at all times, and such service may not be suspended or
abandoned unless such suspension or abandonment is authorized or ordered, in writing,
by the City.
(e) Request for Reduction in Taxicab Fleet. Whenever Grantee may file a written
application with the City Clerk alleging that the public convenience and necessity no longer
requires Grantee to furnish taxicab services with the number of vehicles authorized under
this Franchise, Council will take evidence at a public hearing upon that question and make
a finding with respect thereto. Notice of such hearing will be given for a period of at least
15 days prior thereto by posting such notice in each of Grantee's taxicabs; such notices, in
a form satisfactory to City, are to be posted by Grantee. If Council finds after the public
hearing that the public convenience and necessity no longer requires Grantee to furnish
taxicab services with the number of vehicles authorized underthis Franchise, Council may
authorize suspension or abandonment of such service upon such reasonable terms and
conditions as may be prescribed therein.
4
SECTION 2. Except as expressly modified by this Ordinance, all other terms and
conditions of the taxicab franchise granted to Taxi! Taxi! pursuant to Ordinance No. 2332
(CCS) shall be and remain in full force and effect.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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5
City Council Meeting 12-14-2010
Santa Monica. California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2333 (CCS) GRANTING A TAXICAB FRANCHISE
TO L.A. TAXI COOPERATIVE, INC.,
DOING BUSINESS AS YELLOW CAB COMPANY
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292
(CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs
in the City, in order to assure reliable, safe, quality taxicab services in the City-and to
eliminate undue congestion and air pollution, disorganization and hazards associated
with the City's previous open-entry regulated taxicab environment; and
WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS),
declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi
Owners' Association ("ITOA"); Metro Cab Company, LLC; TMAT Corp., doing business as
Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and
setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with
City Charter Section 1601, at which all interested persons were given an opportunity to be
heard on all matters relative to the proposed granting of taxicab franchises; and
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WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2333 (CCS)
granting a taxicab franchise to L.A. Taxi Cooperative, Inc., doing business as Yellow Cab
Company ("Yellow Cab") and authorizing the company to operate a maximum of 50
taxicabs; and
WHEREAS, on December 14, 2010, Council amended Santa Monica Municipal
Code section 6.49.040, subdivision (d), to increase the maximum number of taxicabs in the
City to 300; and
WHEREAS, at Council's direction, staff offered Yellow Cab the opportunity to
operate up to 10 additional taxicabs in its taxicab fleet; and
WHEREAS, Yellow Cab is authorized to operate a maximum of 60 taxicabs in the
City;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5 of Ordinance No. 2333 (CCS), entitled "TAXICAB FLEET", is
deleted and replaced with the following:
(a) Fleet Size. Grantee is authorized by this Franchise to provide taxicab
services in the City through a taxicab fleet consisting of a maximum of 60 vehicles. The
number of vehicles authorized in Grantee's taxicab fleet shall be set until modified by
Council.
(b) Fleet Makeup -Wheelchair Accessible Vehicles. At least 5 of the authorized
taxicab fleet vehicles must be side-loading wheelchair accessible vehicles in compliance
with the Americans with Disabilities Act ("ADA") and Taxicab Rules. The City Manager or
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his or her designee may require that Grantee increase the minimum number of wheelchair
accessible vehicles within its authorized taxicab fleet and may specify vehicle service
availability for general wheelchair accessible trips notwithstanding any existing contractual
arrangements.
(c) Operational Schedule.
(1) Except as otherwise provided. in this Ordinance, within the first 6
months of the effective date of this Franchise, Grantee must place at least 50 vehicles into
service as follows:
(i) Within the first month, at least 7 vehicles certified as Super
Ultra-Low Emission Vehicles ("SULEV") by the California Air Resources Board ("GARB"), 7
vehicles certified as Ultra-Low Emission Vehicles ("ULEV"), and 3side-loading wheelchair
accessible taxicabs;
(ii) Within the second month, at least 13 SULEV taxicabs, 13 ULEV
taxicabs, and 5side-loading wheelchair accessible taxicabs;
(iii) Within the fourth month, at least 19 SULEV taxicabs, 19 ULEV
taxicabs, and 5side-loading wheelchair accessible taxicabs; and
(iv) Within the sixth month, at least 25 SULEV taxicabs, 20 ULEV
taxicabs, and 5side-loading wheelchair accessible taxicabs.
(2) In addition to the above 50 taxicabs, Grantee must place up to 10
additional SULEV, ULEV, orwheelchair accessible taxicabs into service within the City in a
manner and schedule as approved by the City Manager or his or her designee. The fleet
make-up of the additional taxicabs must be consistent with Grantee's proposed fleet
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submitted in Grantee's March 2010 response to the Request for Proposals issued in
January 2010, and approved by the City Manager or his or her designee.
(3) Grantee's taxicab fleet must be fully operational in accordance with
this Ordinance within 6 months of the effective date of this Franchise, unless otherwise
authorized in writing by the City Manager or his or her designee, in his or her sole and
absolute discretion. Grantee may, upon written application to and authorization bythe City
Manager or his or her designee, adjust Grantee's taxicab fleet make-up. Any adjusted fleet
make-up must be consistent with Grantee's proposed fleet submitted in Grantee's March
2010 response to the Request for Proposals issued in January 2010.
(d) Continuous Operation. After Grantee shall have established taxicab services
pursuant to this Franchise, Grantee must ensure that, except for necessary repairs, all its
taxicabs are available for service at all times, and such service may not be suspended or
abandoned unless such suspension or abandonment is authorized or ordered, in writing,
by the City.
(e) Request for Reduction in Taxicab Fleet. Whenever Grantee may file a written
application with the City Clerk alleging that the public convenience and necessity no longer
requires Grantee to furnish taxicab services with the number of vehicles authorized under
this Franchise, Council will take evidence at a public hearing upon that question and make
a finding with respect thereto. Notice of such hearing will be given for a period of at least
15 days prior thereto by posting such notice in each of Grantee's taxicabs; such notices, in
a form satisfactory to City, are to be posted by Grantee. If Council finds after the public
hearing that the public convenience and necessity no longer requires Grantee to furnish
taxicab services with the number of vehicles authorized underthis Franchise, Council may
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authorize suspension or abandonment of such service upon such reasonable terms and
conditions as may be prescribed therein..
SECTION 2. Except as expressly modified by this Ordinance, all other terms and
conditions of the taxicab franchise granted to Yellow Cab pursuant to Ordinance No. 2333
(CCS) shall be and remain in full force and effect.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not -affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
M RSHA Jf' ~ ES MO TRIE
Ci Attorn ,
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