&1J4~ - City of Glendale

February 9, 2010
Appellant filed its appeal to the TPC's decision to limit the term of its
operator's permit. A copy of the Appellant's notice of appeal and a letter
from its attorney is attached hereto as Exhibit C.
Applicable Regulations: GMC Title 5, Chapter 5.84 provides regulations for permitting and
operation of taxicab and other vehicles for Hire,l A copy of GMC Chapter 5.84 is attached
hereto as Exhibit D.
Public Notice: The City Clerk published and posted the notice for this public hearing as
required by the GMC. The City Council agenda was posted at the City Hall entry on or before
the Friday prior to the City Council meeting. All parties expressing an interest in the case were
notified of the public hearing in letter mailed on July 8, 2010.
Files Available for Review: All files and exhibits including this staff report relative to this case
are available in the offices of the Traffic & Transportation Office and by th is reference are
hereby made a part of the record.
Public Convenience and Necessity: In Glendale, applicants for owner's permits must provide
by a preponderance of the evidence that upublic convenience and necessity" requires the
operation of its vehicles in the City. GMC Sec. 5.84.100. The concept of public convenience and
necessity is common in the transportation and utility industry and is used by the California
Public Utilities Commission as a standard for granting transportation permits. Following this
practice, GMC Sec. 5.84.010 defines the term "public convenience and necessity" as:
"[Flitting or suited to the public need; there is both a present and futUre apparent
reasonable need for use of the service, and the public highways and public welfare are
not unduly burdened by such service. A case of "public convenience and necessity"
exists where a transportation business is ready, able and willing to serve the public
generally without discrimination, with reasonable efficiency, at a reasonable price, and
which includes the criteria set forth under Sections 5.84.100 and 5.84.103 of this
chapter. "
Appellant's Factors for Public Convenience and Necessity: Before an owner's permit can
be granted by the TPC, the TPC must make findings that the public convenience and necessity
has been proven by the applicant. The criteria for making the findings are listed under GMC
Sections 5.84.100 and 5.84.103. In the Appellant's case, the TPC evaluated the following public
convenience and necessity factors:
1. The company has operated as City Cab since 1994 when it was incorporated and has
provided taxicab service in Glendale since 1995. The Appellant operates 15 taxicabs in
the City. It also has permits to operate in Burbank and Pasadena.
2. The company has met the insurance requirements as set forth by GMC 5.84.380 and all
other code requirements throughout its past three consecutive 5-year permit terms.
1 Prior to adopting the ordinance in 1995, taxicab operation permits were granted by the City Council.
There was no formal application filing process in place dating back to the 1960s. Cab companies
interested in operating in the City were required to make a formal request by submitting a letter of intent
to the City Council after which the Council determined whelher Ihe company was approved 10 operate in
the City. The Issued permits did not carry an expiration date unless the Company changed ownerShip.
Since the adoption of GMC Chapter 5.64, all permits for owner's permits have been issued for a five-year
term.
3