O2342City Council Meeting 01-11-2011
Santa Monica, California
ORDINANCE NUMBER2342 (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
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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, Council has allocated the additional taxicabs; and
WHEREAS, Taxi! Taxi! is authorized to operate a maximum of 63 taxicabs in the
City;
NOW, THEREFORE, 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 63 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
accessible vehicles within its authorized taxicab fleet and may specify vehicle service
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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 ofthe 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 13
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
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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 under this Franchise, Council may
authorize suspension or abandonment of such service upon such reasonable terms and
conditions as may be prescribed therein.
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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.
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APPROVED AS TO FORM:
Approved and adopted this 11th day of January, 2011.
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. 2342 (CCS) had its introduction on December 14,
2010, and was adopted at the Santa Monica City Council meeting held on
January 11, 2011, by the following vo#e:.
Ayes: Council members: McKeown, O'Connor, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook, Shriver
A summary of Ordinance No. 2342 (CCS} was duly published pursuant to
California Government Code Section 40806.
ATTEST:
~'.~
Maria M. Stewart, Cit Jerk