HomeMy WebLinkAbout2009-137
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW IN
4 SUPPORT OF THE COUNCIL'S DECISION TO GRANT THE APPEAL FOR A PETITION
FOR A FRANCHISE PERMIT FOR EXPRESS TRANSPORTATION SYSTEMS dba AA
5 INLAND EMPIRE CAB COMPANY TO OPERATE TWO (2) TAXICABS IN THE CITY OF
SAN BERNARDINO.
RESOLUTION NO. 2009-137
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7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
8 HEREBY FINDS AND CONCLUDES AS FOLLOWS:
9 CHRONOLOGY:
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A.
At the September 9, 2008 Bureau of Franchises meeting, a motion to grant the Petition
II of Express Transportation Systems dba AA Inland Empire Cab Company (hereinafter "AA Inland
12 Empire Cab Company") for a Franchise Permit to operate two (2) taxicabs failed on a 2-3 vote.
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B.
On April 14, 2009, the Bureau of Franchises reconsidered the Petition for a Franchise
14 Permit for AA Inland Empire Cab Company and approved a motion to deny the Petition on a 4-1 vote.
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c.
AA Inland Empire Cab Company filed a timely appeal of the decision of the Bureau of
16 Franchises to the Mayor and Council.
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D.
On May 18, 2009, the Mayor and Council held a public hearing on the appeal filed by
18 AA Inland Empire Cab Company and received and considered the documentary evidence, testimony,
19 and arguments presented by the interested parties and the witnesses.
20 FINDINGS AND CONCLUSIONS:
21 In accordance with San Bernardino Municipal Code Sections 5.76.050 and 5.76.060, and based
22 upon the documentary evidence, testimony, and arguments presented by the interested parties and the
23 witnesses, the Council adopts the following Findings of Fact and Conclusions of Law in support of the
24 Council's decision to grant the appeal for a Petition for a Franchise Permit for AA Inland Empire Cab
25 Company to operate two (2) taxicabs in the City of San Bernardino:
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F:\EMPENO\Resos\AA Cab Co2.wpd
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2009-137
I CONCLUSION 1:
2 Further service in the nature proposed by AA Inland Empire Cab Company is required
3 by the public convenience and necessity.
4 CONCLUSION 2:
5 There exists a public demand for an additional two (2) taxicabs and the taxicab service
6 currently being rendered is inadequate.
7 FINDINGS:
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Bell CabN ellow Cab has a Franchise Permit to operate 80 taxicabs in the City of San
A.
9 Bernardino.
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Bell CabNellow Cab had only 54 drivers with current City business licenses with 16
B.
II more drivers who completed the DOJ background check and could be issued a City business license,
12 as of the May 18, 2009 Council hearing.
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Bell CabNellow Cab has produced slow service on numerous occasions, with several
c.
14 witnesses waiting one hour or more for a Bell CabNellow Cab.
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D.
Citizens complain that some Bell CabN ellow Cabs provide poor customer service, that
16 their vehicles are filthy and are not maintained properly, and that some of their drivers are rude.
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Councilmembers have received complaints from their constituents regarding the poor
E.
18 service from Bell CabNellow Cab.
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Adding competition by another taxicab company will improve taxicab service in the City.
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G.
San Bernardino Municipal Code Section 5.76.060(B)(l) permits not more than one
21 taxicab for each two thousand five hundred (2,500) residents in the City.
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Based upon the most recent population estimate of the City, the maximum number of
H.
23 taxicabs permitted is 82.
24 DECISION:
25 Based on the above Findings and Conclusions, the Council decides that (I) Further service in
26 the nature of that proposed by AA Inland Empire Cab Company is required by the public convenience
27 and necessity; (2) The Council hereby grants the appeal and grants the Petition for a Franchise Permit
28 for AA Inland Empire Cab Company to operate two (2) taxicabs in the City of San Bernardino.
F:\EMPENO\Resos\AA Cab Co2.wpd 2
2009-137
I The Council hereby refers this matter to the Legislative Review Committee for possible review
2 of the taxicab ordinance, Chapter 5.76 of the San Bernardino Municipal Code, and consider transferring
3 the duties of the Bureau of Franchises to the Police Commission.
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F:\EMPENO\Resos\AA Cab Co2.wpd 3
2009-137
I
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW IN
SUPPORT OF THE COUNCIL'S DECISION TO GRANT THE APPEAL FOR A PETITION
FOR A FRANCHISE PERMIT FOR EXPRESS TRANSPORTATION SYSTEMS dba AA
INLAND EMPIRE CAB COMPANY TO OPERATE TWO (2) TAXICABS IN THE CITY OF
SAN BERNARDINO.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
JOl.nt
Common Council of the City of San Bernardino at a regular meeting thereof, held on theist day
of June ,2009, by the following vote, to wit:
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9 COUNCIL MEMBERS:
10 ESTRADA
II BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
NAYS
ABSTAIN ABSENT
AYES
x
x
x
x
x
x
x
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Q"~ l;J.tL~
City elerk
The foregoing Ordinance is hereby approved this 1i!:ctay of June
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,2009.
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23
~ayor
City of San Bernardino
Approved as to form:
24 JAMES F. PENMAN
25 City Attorney
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