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O2336City Council Meeting: 12-14-2010 Santa Monica, California ORDINANCE NUMBER 2336 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6.49.040 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE REGARDING TAXICABS WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system 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, Section 6.49.040 of the Santa Monica Municipal Code sets the maximum number of taxicabs permitted to operate under the terms of all franchises granted by the City at 250 taxicabs; and WHEREAS, Nelson/Nygaard Consulting Associates' 2008 Santa Monica Taxi Study Technical Memorandum and Executive Summary recommended that Santa Monica establish a total cap of between 200 and 300 taxicabs authorized to operate in the City; and WHEREAS, given the large number of special events occurring within the City, the fact that some of the taxicabs permitted to operate in the City could also be permitted to operate in other cities, and the likelihood that at any given time, some 1 taxicabs permitted to operate in the City will be transporting passengers to or from Los Angeles International Airport, 250 taxicabs may not be sufficient to serve the City's taxicab transportation needs; and WHEREAS, the City finds that increasing the maximum number of taxicabs in the City to 300 will better serve the taxicab transportation needs of residents, visitors, businesses, and other members of the community in the City; THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.49.040 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: (a) The City may in its discretion award one or more, but no more than eight, nonexclusive franchises for the operation of taxicab services within the City. Upon issuance of one or more franchises, the City shall not accept new or renewal applications for an existing business license, decal or police permit to operate a taxicab service and it shall be unlawful for any person other than a taxicab franchisee and its employees or authorized agents to operate, engage in the business of operating, or cause to be operated any taxicab service within the City. (b) Franchises shall be awarded through a competitive process initiated through a request for proposals issued by the City. A franchise applicant shall propose to operate no less than twenty-five vehicles in the franchise fleet. Franchise proposals will be evaluated based upon criteria including, but not limited to, the following: the emissions standards and fuel economy of taxicabs; the age and condition of taxicabs; provision of a centralized dispatch system; past experience, including demonstrated quality of service 2 and safety; driver training and qualifications; financial stability; insurance; record of violations by the bidder or bidder's drivers of Federal, State or local law, and rules and regulations relating to taxicab operations, particularly safety operations; extra services available to the public, including discounts for seniors and those with disabilities; and benefits available to drivers and employees. Additionally, there shall be a local preference. Taxicab franchise proposals shall be examined and evaluated by a committee established by the City Manager, which shall make recommendations to the City Council. Upon the award of a franchise, the franchisee shall enter into a franchise agreement with the City. The franchise agreement may impose obligations on the franchisee that are additional to but not inconsistent with those imposed pursuant to this Chapter. (c) The City may at any time initiate a competitive bidding process for the issuance of new franchises. Nothing shall prohibit a taxicab franchisee from competing for a new franchise; however, any taxicab franchisee whose franchise has been revoked shall thereafter be prohibited from competing for award of a franchise for a period ofthree years following the scheduled expiration of its franchise agreement. (d) The maximum number of taxicabs permitted to operate underthe terms of all franchises granted by the City shall not exceed three hundred taxicabs, which number may be adjusted by City Council from time to time. (e) After notice and a hearing, the City Council may at any time reduce the total maximum number of taxicabs operating within the City, upon finding that the number of taxicabs is detrimental to the public health, safety, or welfare. If the City Council reduces the number of permitted taxicabs, the reduction shall be reasonably allocated amongst existing franchisees. 3 (f) The City Council may schedule a public hearing to determine, by resolution, whether the public convenience and necessity require the operation of additional taxicabs in the City. Any such resolution shall specify the number of additional taxicabs permitted. Any determination that the public convenience and necessity require the operation of additional taxicabs in the City shall include, but are not limited to, findings that: (1) The additional taxicabs will not substantially impair the ability of existing franchisees, under efficient management, to earn a fair and reasonable return on their capital investments in their franchises; (2) Existing franchisees, under normal conditions, are not fulfilling the need for taxicab services in the City; and (3) The additional taxicabs, together with the taxicabs then currently operating in the City, will not unduly congest, overburden, or interfere with any traffic circulation, public street access, public or private parking, or stands, or otherwise create any danger or hazard to the public health, safety, or welfare. (g) No franchisee shall operate a taxicab within the City unless the Police Department has issued and the franchisee possesses a current taxicab vehicle permit for that specific vehicle. (h) No taxicab franchisee shall permit any driver in its employ to operate, and no driver shall operate, a taxicab in the City into which passengers are accepted for transportation without having first obtained a valid driver's permit from the Police Department and paid to the City the required taxicab driver's permit fee. (i) Fees. 4 (1) Annual Franchise Fee. Each taxicab franchisee shall pay to the City an annual fee for the privilege of operating a taxicab service in the City. Such payment shall be in addition to any other prescribed fees, including but not limited to, business license and permit fees. The franchise fee shall be due upon execution of the franchise agreement and payable on each anniversary date thereafter, unless otherwise specified in the franchise agreement. Failure to pay the franchise fee when due shall be cause for revocation of the franchise. (2) Annual Taxicab Vehicle Permit Fee. Each taxicab franchisee shall be required annually to obtain a taxicab vehicle permit and to pay to the City an annual taxicab vehicle permit fee for each taxicab operating under its franchise. Any taxicab vehicle permit issued pursuant to a franchise prior to June 30, 2011, shall expire on June 30, 2011, unless revoked or suspended prior to that date pursuant to this Chapter. Taxicab vehicle permits issued after June 30, 2011, shall expire at midnight on the June. 30th next succeeding its issuance, unless revoked or suspended prior to that date pursuant to this Chapter. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 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 5 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. 6 APPROVED AS TO FORM: Approved and adopted this 14th day of December, 2010. Richard Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2336 (CCS) had its introduction on November 23, 2010, and was adopted at the Santa Monica City Council meeting held on December 14, 2010, by the following vote: Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver Mayor Pro Tem Davis, Mayor Bloom Noes: Council members: None Abstain: Council members:. None Absent: Council members: None A summary of Ordinance No. 2336 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: _____~-~ Maria M. Stewart, Cit Clerk