O2400City Council Meeting 06 -12 -2012 Santa Monica, California
ORDINANCE NUMBER 2400 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA TRANSFERRING A
TAXICAB FRANCHISE FROM METRO CAB COMPANY, LLC, TO
ALL YELLOW TAXI, INC., DOING BUSINESS AS METRO CAB, AND
AMENDING ORDINANCE NO. 2331 (CCS), ORDINANCE
NO. 2341 (CCS), AND ORDINANCE NO. 2374 (CCS)
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292
(CCS), establishing a taxicab franchise system 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, City staff completed a competitive Request for Proposals process
and evaluated the submitted proposals in accordance with criteria consistent with the
Santa Monica Municipal Code in order to provide Council with recommendations for the
award of franchises to taxicab companies; and
WHEREAS, All Yellow Taxi, Inc., submitted a proposal and ranked sixth in the
competitive process, 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
WH EREAS, 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
WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2331 (CCS)
granting a taxicab franchise to Metro Cab Company, LLC ( "Metro Cab "); and
WHEREAS, on January 11, 2011, Council adopted Ordinance No. 2341 (CCS),
amending Ordinance No. 2331 (CCS) to authorize Metro Cab to operate a maximum of 63
taxicabs in the City; and
WHEREAS, on October 11, 2011, Council adopted Ordinance No. 2374 (CCS),
amending Ordinance No. 2331 (CCS) to adjust the permit year from the fiscal year to the
calendar year, and thereby extend the expiration date for vehicle and taxicab driver's
permits from June 30th to December 31st; and
WHEREAS, on April 2, 2011, Metro Cab submitted a request to the City to approve
assignment of its interest in its Santa Monica taxicab franchise through a sale to All Yellow
Taxi. Inc.: and
WHEREAS, on April 5, 2011, Metro Cab submitted an acknowledgement signed by
the owners of both Metro Cab and All Yellow Taxi, Inc., expressing Metro Cab's intent and
agreement to sell its assets, including its franchise rights in connection with providing
franchised taxicab services in the City, upon approval by the City of Santa Monica; and
WHEREAS, Section 3(b)(2) of Ordinance No. 2331 (CCS), provides that Metro Cab
"shall not sell, lease, assign, hypothecate, or otherwise transfer or dispose of [its]
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Franchise or any interest herein directly or indirectly, by operation of law or otherwise,
without the prior written consent of City, expressed by ordinance, and then only under such
terms and conditions as may be prescribed therein'; and
WHEREAS, based on the foregoing, Council finds that All Yellow Taxi, Inc.,
possesses the background, knowledge, experience, and expertise necessary to provide
efficient and effective taxicab services to the residents, visitors, and other members of the
community in the City, so as to support the assignment of Metro Cab's franchise to All
Yellow Taxi, Inc., upon the terms and conditions set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City hereby consents to the assignment and transfer of Metro
Cab's taxicab franchise in accordance with Section 3(b)(2) of Ordinance No. 2331 (CCS),
to All Yellow Taxi, Inc., doing business as Metro Cab, subject to the terms and conditions
set forth in this Ordinance.
SECTION 2. All Yellow Taxi, Inc., hereby agrees to assume all obligations under
Ordinance No. 2331 (CCS), Ordinance No. 2341 (CCS), and Ordinance No. 2374 (CCS),
and to be bound by all the terms and conditions of the above specified ordinances,
including the taxicab rules and regulations and all applicable provisions of the Santa
Monica Municipal Code, commencing as of the effective date of the adoption of this
Ordinance.
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SECTION 3. It is expressly understood and agreed that this Ordinance shall not be
deemed to constitute consent to any subsequent sale, lease, assignment, hypothecation,
or other transfer or disposition of this taxicab franchise or any interest therein directly or
indirectly, by operation of law or otherwise. It is further understood and agreed that this
Ordinance does not relieve Metro Cab of its franchise obligations or any liability arising
under Ordinance No. 2331 (CCS), Ordinance No. 2341 (CCS), and Ordinance No. 2374
(CCS), or the taxicab rules and regulations or applicable provisions of the Santa Monica
Municipal Code, prior to the effective date of this Ordinance.
SECTION 4. Upon the effective date of this Ordinance, Metro Cab and All Yellow
Taxi, Inc., shall submit to the City a jointly executed instrument in writing that evidences the
sale of Metro Cab's assets and assignment of Metro Cab's franchise to All Yellow Taxi,
Inc., doing business as Metro Cab, addressed to Council and filed with the City Clerk.
SECTION 5. Except as expressly modified by this Ordinance, all other terms and
conditions of the taxicab franchise assigned to All Yellow Taxi, Inc., doing business as
Metro Cab, pursuant to Ordinance No. 2331 (CCS), Ordinance No. 2341 (CCS), and
Ordinance No. 2374 (CCS), shall be and remain in full force and effect.
SECTION 6. 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
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declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 7. 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:
f.
MAF8 HA JO' S MOU RIE
City orne
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Approved and adopted this 12th day of June, 2012.
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. 2400 (CCS) had its introduction on May 22, 2012,
and was adopted at the Santa Monica City Council meeting held on June 12,
2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: O'Connor, Shriver
A summary of Ordinance No. 2400 (CCS) was duly. published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City Jerk