HomeMy WebLinkAbout1991-03-19; City Council; 11072; AMENDING CARLSBAD MUNICIPAL CODE TAXICAB OPERATIONSa.
AMENDING CARLSBAD MUNICIPAL CODE
03 RECOMMENDED ACTION:
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0 Ordinance No.
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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
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.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
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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
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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
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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
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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
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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.
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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)
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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.
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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
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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
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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
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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'
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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
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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.:
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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
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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
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FILE: F:\USERS\TGERE\WPDATAWEMOS\TAXICAB.FEE