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HomeMy WebLinkAbout1991-03-19; City Council; 11072; AMENDING CARLSBAD MUNICIPAL CODE TAXICAB OPERATIONSa. AMENDING CARLSBAD MUNICIPAL CODE 03 RECOMMENDED ACTION: OI d 0 Ordinance No. u 5 2 03 I 4 Adopt Resolution No. 'j f -8f setting the minimum limits of liability and property damage insurance. establishing filing fees for taxicab operations an z c .rl Code regarding regulation of taxicab operations. JTXM EXPLANATION: On September 18,1990, the City Council directed staff to prepare an amendmer to the Carlsbad Municipal Code which would allow the City Manager to issu Certificates of Public Convenience and Necessity to Operate a Taxicab within th City. The proposed ordinance will modify Chapter 5.20 of the existing code t $ allow the issuance of these certificates though an Ad&dstrat;ve procedur .o" rather than requiring Council action. Staff is also recommending a change in the method for establishing the minimun $ m limits of coverage for liability and property damage insurance. Presently, thesc cd limits are written into the Municipal Code, requiring an ordinance revision shoulc * 4 these require modification. The proposed ordinance will remove all specifi m I reference to policy limits from the code and allow the setting of insurancc 2 requirements by resolution. The accompanying resolution establishes thc following limits: 2 *rl -a :a =I ui $Ec .rl c 4% *rl $\ denying a certificate. rl 0 [r) a Q) u a a 0 cd a , a, a E cd N a, cd rl h 0 a Liability and property damage for injury to or death of one person including destruction of property - $100,000. Liability and property damage for injury to or death of more than one person including destruction of property - $300,000, a -. 4' ;f CJ The proposed ordinance provides for an appeal process in the event a taxical operator feels the City Manager has acted improperly in processing, issuing o 0 V In addition to modifying the procedure for issuance of certificates, staff ir recommending that Council revise the fees for processing applications under this chapter. The recommended fees reflect the costs reasonably related to processini 4 \ 4 1 cn cn z Crl 0 - applications by the Finance and Police Departments. .. b a EXISTING PROPOSED 6 8 Application of Operation Certificate 15.00 100.00 z 3 Drivers Pedt Application 10.00 25.00 Drivers Permit Renewal 1-00 25.00 e @ Page Two of Agenda Bill No. / j 8 /i :& I Several other amendments are also included in an effort to clarify the Ordinanc They are identified below. 1. Section 5.20.010 - The definition of taxicab has been revised to consistent with restrictions included in the Public Utilities Code. Section 5.20.010 subsection (3) - A paragraph addressing t definition. of “Transportation Company” has been deleted, as references to this term are found elsewhere in the Ordinance. Section 5.20.120 - A clarification of the method of displaying a the type of information to be posted in taxicabs. Section 5.20.140 - Numbers paragraphs within this section whi were previously alphabetical. Section 5.20.150 - Deletes the requirement that the taxicab numb be stenciled on the inside of the cab. The number is required on tl outside, which is sufficient. 2. 3. 4. 5. FISCAL IMPACT: There is no significant fiscal impact. There are so few licensed cab operata within the City that additional revenues generated by the ordinance amendme and revised fee schedule will be inconsequential. Currently there are five ta companies licensed to operate within Carlsbad. The fees collected however ~1 more accurately reflect the true cost of reviewing applications and issuir certificates. EXHIBITS: Resolution N0.Y I -88 establishing filing fees for taxicab operations and settir the minimum lirnits of liability and property damage insurance. Ordinance No. \?s Code regarding regulation of taxicab operations. Memo dated February 14, 1991 from Senior Management Analyst to Financii Management Director regarding a survey of filing fees for taxicab operation. 1- \“r% amending Title 5, Chapter 5.20 of the Carlsbad Municipi 1 2 3 4 5 6 7 8 9 1o 11 12 om .&E& Fa08 o;g% ooaa 14 Z>Jf 0,s" 15 miJ 0 u ,2$ >ma sumo 8ZS~ 16 z0o"m" 17 '$83 >2% bo 0 18 19 20 21 22 23 24 25 26 27 28 m=.c sum 13 e a RESOLUTION NO. 91-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING A FILING FEE FOR TAXICAB OPERATIONS WHEREAS I Section 5.20.030 of the Carlsbad Municip specifies the application fee for a certificate of convenience and necessity; and WHEREAS, the City Council has determined that the processing an application for a certificate is $25.00; and WHEREAS, suck fee does not exceed the es' reasonable cost of processing said application for a certi and WHEREAS, Section 5.20.070 of the Carlsbad Municip specifies insurance; and WHEREAS, the City Council has determined that the limits of coverage for liability and property damage; for in or death of one person including destruction of property in accident shall not be less than $100,000; and for injurj death of more than one person including destruction of prop any one accident shall not be less than $300,000; and WHEREAS, such policy limits are reasonable; and WHEREAS, Section 5.20.140 of the Carlsbad Municir specifies the application fee for the driver's permit and driver's permit renewal fee; and WHEREAS, the City Council has determined that the processing an application for a certificate is $100; and WHEREAS, the City Council has determined that the processing a yearly driver's permit renewal is $25; and l l I I 1 2 3 4 5 6 7 8 9 1o 11 12 L2 32: 13 math $<as 0;g: noa~ 14 $>Ai 'sg mGn~ 15 LL 'ai >mq ~umo gZ26 16 zosg 17 '$89 c2z 18 Go 19 20 21 22 23 24 25 26 27 28 0 e 0 WHEREAS, the driver's permit application fee and renewal fee does not exceed the estimated reasonable ( processing, NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and corr 2. The application fee for a certificate for convenience and necessity shall be $25.00. 3. The minimum limits of coverage for liabil: property damage for injury to or death of one person in destruction of property in any one accident shall not be le $100,000 and for injury to or death of more than one including property damage in any one accident shall not I: than $300,000. 4. The application fee for a driver's permit SI $100. /// /// /// /// /// /// /// /// /// /// 2 1 2 3 4 5 6 7 8 9 10 11 12 ng, sum ??E 13 EEcb 580E 6L&% 14 40"" >32 G,s= u ,ad tma swcno gS&6 16 z082 ps 17 Go 18 19 mUog l5 '582 20 21 22 23 24 25 26 27 28 e rl) 5. The yearly renewal fee for the driver's permi be $25. PASSED, APPROVED AND ADOPTED at a Regular Meeting I'th day of - City Council of the city of Carlsbad on the 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard and NOES: None ABSENT: None ATTEST: ALETHA L. aUTENKRANZ, City Clbrk (SEAL) 3 z 1 2 3 4 5 6 7 8 9 'O I I Q l2 am mu8 92- 13 EUeb Fang goaa >dF l4 P+-ga: mu^? 15 u'ai Gum0 gZk6 16 zo3s c22 Bo 0;;: >ma >$E? 17 18 19 2o 21 22 23 24 25 *' 27 28 0 0 ORDINANCE NO. NS-142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE REGULATION OF TAXICABS The City Council of the City of Carlsbad, Californ ordain as follows: SECTION I: That Title 5, Chapter 5.20 of the Cz Municipal Code is amended by the amendment of Section 5.20, read as follows: It (2) I1Taxicabl1 means a passenger vehicle desigr carrying not more than eight persons, excluding the drive used to carry passengers for hire. ltTaxicabtt shall not in( charter-party carrier of passengers within the meaning Passenger Charter-party Carriers' Act, Chapter 8 of Divisic the Public Utilities Code (Section 5351 et seq.) .It SECTION 11: That Title 5, Chapter 5.20 of the Cz Municipal Code is amended by'the deletion of subsection Section 5.20.010. c SECTION 111: That Title 5, Chapter 5.20 of the Cz Municipal Code is amended by the amendment of the first pal of Section 5.20.030 to read as follows: "Any person desiring to obtain the certificate rc by this chapter shall pay a fee as established by resolution City Council to the license collector and shall make a VE application for the certificate to the chief of police, application shall set forth:It SECTION IV: That Title 5, Chapter 5.20 of the Cz Municipal Code is amended by the amendment of Section 5.30. to read as follows: "(8) All persons whose names appear as requi subparagraph 1 of this section shall indicate in their applj their assent to submit to background investigatio fingerprinting by the chief of police. Thereafter, the cF police shall obtain the fingerprints during the candt investigation of the applicant as required by the fol section. The chief of police shall immediately inquire ir facts and shall investigate the character and background 1 2 3 4 5 6 7 8 9 lo l1 l2 iU% 55": 9': 13 KUcb $$!: 14 Z>jt o+ga: $wulo laao 16 ZO$$ gCU 5 17 u l8 l9 20 21 22 23 24 25 26 27 28 LL mUo' 8a-1 l5 >ma 2-1 ~ +y 0 0 applicant and shall be prepared to submit results investigation to the city manager when so requested.*@ SECTION V: That Section 5.20.040 of Chapter Title 5 of the Carlsbad Municipal Code is repealed. SECTION VI: That Title 5, Chapter 5.20 of the C Municipal Code is amended by the amendment of Section 5.20 be renumbered as 5.20.040 and to read as follows: "5 * 02 * 040 Investisation and issuance of cemrtifl At the time set for the review of such applicati City Manager may examine the applicant and all persons int in the matter set forth in the application, and the City shall determine whether or not the public interest, convenie necessity require the issuance of the certificate applied 1 if it be found by the City Manager that the public ir convenience and necessity require the issuance of the cert applied for, the City Manager shall issue a certific accordance with the application, subject to the filing and a of an undertaking as provided in Section 5.20.070, and suf such conditions as may be imposed by the City Manager incluc minimum and maximum number of vehicles that may be used.Il SECTION VII: That Title 5, Chapter 5.20 of the C Municipal Code is amended by the addition of Section 5.20 read as follows: "5.20.050 Ameal. Within ten calendar days after receipt of the dec. the City Manager, any party affected by the decision may fi the City Clerk a written request for a hearing before t Council. Fees for appeal shall be established by resolutio City Council. Upon the filing of such a request and pay fees, the City Clerk shall set the matter for a hearing ai notify the appellant of the date, time and place of such he; least five days before the hearing date. At the heari person may present evidence in opposition to, or in supg appellantls case. At the conclusion of the hearing, t Council shall either grant or deny the appeal, and the dec: the City Council shall be final." SECTION VIII: That Title 5, Chapter 5.20 of the ( Municipal Code is amended by the amendment of Section 5. subsection (6) to read as follows: "(6) That it appears to the city manager that tl sufficient taxicabs for hire in the city to fully serve the 2 iI 1 2 3 4 5 6 7 8 9 lo 11 D l2 %!? ,&Ed l3 7$"o" ciu%% 14 ,Zdz ooq.9 15 z&5s 5z-I $082 q8y am nu. LL 'C-J +>m< wcno n~ci 16 >?% 50 l7 l8 19 2o 21 22 23 24 25 26 27 28 0 0 and that the public interest, convenience and necessity require the issuance of such certificate;" SECTION IX: That Title 5, Chapter 5.20 of the Ci Municipal Code is amended by the amendment of Section 5.20 read as follows: "Before a certificate is issued by the city managt applicant shall deliver to the city manager a policy of ins executed by a company duly authorized under the laws of thi: to do an insurance business by the provisions of which polic company promises and undertakes to pay in full all legal liz incurred by the insured for damages to persons or pi resulting from the operation of the automobile referred to application; provided, that the insurance policy complies i least the minimum coverage for which liability shall be assui injury, death and destruction of property as establis: resolution of the City Council.Il SECTION X: That Title 5, Chapter 5.20 of the Ca Municipal Code is amended by the amendment of Section 5.20.( delete the phrase "city councilgt and replace it with the Wty manager" wherever it appears in that section. SECTION XI: That Title 5, Chapter 5.20 of the Ca Municipal Code is amended by the amendment of Section 5.20.( delete the phrase "city councilgv and replace it with the 'lcity managergg wherever it appears in that section. SECTION XII: That Title 5, Chapter 5.20 of the Ca Municipal Code is amended by the amendment of Section 5.20.1 read as follows: "The city manager may specify stands at whicl taxicabs may be parked and may specify the nature and extent be marked off, painted and reserved for such taxicabs Only. SECTION XIII: That Title 5, Chapter 5.20 of the Ca Municipal Code is amended by the amendment of Section 5. subsections (3), (9), and (11) to delete the phrase Itcity cou use of the stand. Such stand shall consist of a one-car spa 3 I 1 2 3 4 5 6 7 8 9 lo 11 12 0 mug 22.; 13 uzm 53OZ dL$g 14 oou4 Z>dZ ol--a: ma'^ U'ui >ma gwcno ~Z&O- 16 ZO~~ E25 17 Go l8 l9 2o 21 22 23 24 25 26 27 28 40 nu 15 qg2 0 0 and replace it with the phrase Ifcity manager" wherever it i in those sections. SECTION XIV: That Title 5, Chapter 5.20 of the C, Municipal Code is amended by the amendment of subsection Section 5.20.120 to read as follows: "(10) Information to be posted in taxicabs: Ir taxicab there shall be a sign of heavy material, not smallt 6 inches by 4 inches, (or such other specified by the City Mz securely attached and clearly displayed in view of the passe all times, providing in letters as large as the size of tl will reasonably allow, all of the following information: (A) The name, address, and telephone number police department; (B) The name, address, and telephone number firm licensed under this chapter: (C) The name or trade name of the cert: holder: (D) The taxicab number: and (E) A schedule of rates and charges.1' ' SECTION XV: That Title 5, Chapter 5.20 of the Ce Municipal Code is amended by the amendment of Section 5.20.1 delete the phrase "city counciltv and replace it with the "city managerNt wherever it appears in that section. SECTION XVI: That Title 5, Chapter 5.20 of the Ca Municipal Code is amended by the amendment of Section 5.20. renumber all alphabetical paragraphs to sequentially nu paragraphs. SECTION XVII: That Title 5, Chapter 5.20 of the Ca Municipal Code is amended by the amendment of the third sent€ subsection (a) of Section 5.20.140 to read as follows: "(1) Any person desiring to obtain such driver's shall make written application therefor to the chief of accompanied by a fee as established by resolution of tht Council. II /// /// 4 I 2 3 4 5 6 7 8 9 1o 11 12 0 a- $jy% J-- 13 sang 11:11:m 0;gg 0,511: gwou $E$6 16 17 18 19 20 21 22 23 24 25 26 27 28 ooaa 14 z>ii ma,Q 15 u. *ai >ma zozg +y p2 Go e e SECTION XVIII: That Title 5, Chapter 5.20 ( Carlsbad Municipal Code is amended by the amendment of subs (d) of Section 5.20.140 to read as follows: "(4) Duration; renewal. All permits to drive a 1 shall expire one year from the date of issue. Applicatic renewal shall be made within thirty days before the d expiration of the permit. When renewal is made within the established by resolution of the City Council. Permi personal and are not transferable." SECTION XIX: That Title 5, Chapter 5.20 of the C; Municipal Code is amended by the amendment of Section 5.20 read as follows: prescribed, such renewal shall be accompanied by a "5.20.150 Taxicab numbers. Every certificate holder shall designate each taxicabs by number, and no two taxicabs of any certificate shall be designated by the same number. The name or trade r the certificate holder and the number by which the taxi designated shall be printed, stamped or stencilled conspicuoi the outside of each taxicab and in the passenger compartmer SECTION XX: That Title 5, Chapter 5.20 of the CE Municipal Code is amended by the amendment of Section 5.20.: /// /// /// /// /// /// /// /// /// /// /// /// 5 EFFECTIVE DATE: This ordinance shall be effective INTRODUCED AND FIRST READ at a regular meeting PASSED AND ADOPTED at a regular meeting of tk hd day of *Vi' Council of the City of Carlsbad on the 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard a NOES: None St ant on ABSENT: None APPROVED AS TO FORM AND LEGALITY 6 J e * February 14, 1991 TO: FINANCIAL MANAGEMENT DIRECTOR FROM: Senior Management Analyst FILING FEES FOR TAXICAB OPERATION - SURVEY In order to ascertain the comparison of our proposed fees for applying for permit to operate taxicabs within Carlsbad, and for obtaining and renewb driving permits, I conducted a survey. Several other North County cities we contacted. Most North County cities contract with the Sheriffs Department, and incluc Vista, San Marcos, Encinitas and Solana Beach. The County regulates t€ operation and operators of cabs within these cities. San Diego County chargc a one time $20 processing fee and a $27 fingerprinting fee for all taxic: operator applications. The annual renewal fee is $15. The City of Escondido operates taxicabs as fianchises, and assess an annual fe of $50 for the primary vehicle, and $20 for each cab within the company. The City of Oceanside charges a one time $500 franchise fee. Annually, $60 PC cab is assessed, and if there is a stand, $100 is assessed annually as well, Based upon the results of the survey, it can be concluded that cities and tE County use a variety of methods and categories for collecting revenues pertiner to operating taxicabs within their jurisdictions. It appears that Carlsbad's selecte options for assessing fees are appropriate. The recommended fees are as follow: EXISTING PROPOSED Application of Operation Certificate 15.00 100.00 Drivers Permit Application 10.00 25.00 Drivers Permit Renewal 1 .oo 25.00 h -Y'w QRAJ.A FILE: F:\USERS\TGERE\WPDATAWEMOS\TAXICAB.FEE