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HomeMy WebLinkAbout2002-295 ,# 'P" ~. , 1 RESOLUTION NO, 2002-295 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING FINDINGS IN SUPPORT OF THE COUNCIL'S DECISION 3 TO OVERTURN THE BUREAU OF FRANCHISES' DENIAL OF THE PETITION FOR A FRANCHISE PERMIT FOR AAA INLAND EMPIRE CAB COMPANY. 4 BE IT RESOLVED BY MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION I. WHEREAS, on June II, 2002, the Bureau of Franchises denied a Petition for a Franchise Permit for AAA Inland Empire Cab Company; and 7 WHEREAS, AAA Inland Empire Cab Company filed a timely appeal of the decision of the 8 Bureau of Franchises to the Council; and 9 WHEREAS, on August 5, 2002, the Mayor and Common Council held a public hearing on the appeal filed by AAA Inland Empire Cab Company; and 10 WHEREAS, the Mayor and Common Council have received and considered the 11 documentary evidence, testimony. and arguments presented by the interested parties and the witnesses; 12 SECTION 2. In accordance with San Bernardino Municipal Code Section 5.76,050, and based upon the documentary evidence, testimony, and arguments presented by the interested parties 13 and the witnesses, the Common Council makes the following Findings in support of the Council's reversal of the Bureau of Franchises' denial of the Petition for a Franchise Permit for AAA Inland 14 Empire Cab Company: 15 Further service in the nature proposed by AAA Inland Empire Cab Company is required by the public convenience and necessity. 16 17 There exists a public demand for an additional 25 taxicabs and the taxicab service currently being rendered is inadequate. Local economist John E. Husing wrote that three groups of San Bernardino residents are disproportionately drpendent upon taxies: the elderly, the handicapped, and the poor. These three gruups depend upon readily accessible taxicabs. Although Bell Cab/Y ellow Cab has a franchise to operate 45 taxicabs in the City of San Bernardino, Bell Cab/Y ellow Cab had only 12 drivers with current business registrations as of the August 5, 2002, Council hearing. Based upon the testimony at the public hearing and the written statements submitted, Bell Cab/Yellow Cab has produced slow service on several occasions. The managers of the La Quinta Inn and the Hilton Hotel both cited thc delay in current response times for taxicabs under Bell Cab/Y cllow Cab. Disabled activists Robert Neves and John Anaya testified relative to Bell Cab/Yellow Cab and its delays in service being especially detrimental to the disabled who have few alternatives for transportation. Other persons providcd written statements citing slow service. 18 19 20 21 22 23 24 SECTION 3. The Council finds that further service in the nature of that proposed by AAA 25 Inland Empire Cab Company is required by the public convenience and necessity and therefore, the Council overturns the Bureau of Franchises' denial of the Petition for a Franchise Permit for AAA 26 Inland Empire Cab Company. The Council refers this matter back to the Bureau of Franchises for its determination, pursuant to San Bernardino Municipal Code Section 5,76.060(A), as to whether Bell 27 CablYellow Cab should receive an increase of 25 taxicabs or whether AAA Inland Empire Cab Company should be granted a permit for the 25 taxicabs it has requested, 28 III HF/cj [burofTr2.rcs] 1 ! , ",,,,,.,-. 2002-295 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING FINDINGS IN SUPPORT OF THE COUNCIL'S DECISION 2 TO OVERTURN THE BUREAU OF FRANCHISES' DENIAL OF THE PETITION FOR A FRANCHISE PERMIT FOR AAA INLAND EMPIRE CAB COMPANY. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at aiL reg. meeting thereof, held on the 9thday of September_, 2002, by the following vote, to wit: 5 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA X 9 LIEN X 10 MCGINNIS X 11 DERRY X 12 SUAREZ X 13 ANDERSON X 14 MC CAMMACK X 15 16 ~~~/ 17 Rae Clark, City Clerk 18 The foregoing Resolution is hereby approved this /.:r'day of Septembel; 2002. 19 21 20 22 23 Approved as to form and legal content: 24 25 26 JAMES F, PENMAN City Attorney ::.f- t .J i~ HE/cjtburofTr2.rcsl 2