HomeMy WebLinkAbout2009-09-15; City Council; 19958; Taxicab insurance and driver permitsCITY OF CARLSBAD - AGENDA BILL
AB# 19,958
MTG. 09/15/09
DEPT. RISK
TAXICAB INSURANCE
nes^i imcmidLi^r^ AKir\ r^mtf^n ncmuMi*REQUIREMENTS AND DRIVER PERMIT
PROCEDURES
DEPT. HEAD $BT
CITY ATTY. (&>
CITY MGR. (i*-~\^
RECOMMENDED ACTION:
Adopt Resolution No. 2009.228 changing the minimum limits of liability insurance for taxicabs
in the City of Carlsbad.
Introduce Ordinance No. CS-QSS amending Carlsbad Municipal Code section 5.20.140.
ITEM EXPLANATION:
Under Chapter 5.2 of the Carlsbad Municipal Code, taxicab operators working in the City of
Carlsbad must carry insurance for liability for damages to persons or property resulting from the
operation of a taxicab. The minimum coverage limits are established by resolution of the City
Council.
In 1991, the minimum coverage limits required for taxicabs was set by Council resolution in the
amount of $100,000 bodily injury liability insurance per person, including property damage, and
$300,000 total bodily injury liability insurance, including property damage, per accident.
Attached are the results of a recent survey of cities regarding taxicab insurance limits. The
limits shown are either the total injury liability per accident or the combined single limit for bodily
injury and property damage.
If Council wishes to change the limits, the attached resolution with the desired amount can be
adopted.
In addition, California Government Code section 53075.5 requires drug and alcohol testing of
all taxicab drivers. Currently taxicab drivers in Carlsbad must submit a County of San Diego
Sheriff's department Taxi Driver Identification Card. As part of the process for obtaining the
card, the drivers undergo drug and alcohol testing. Although the City already requires that
taxicab drivers have a County of San Diego Sheriff's department Taxi Driver Identification Card,
the proposed revision to the municipal code would formalize that requirement.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
This ordinance revision is exempt from CEQA review in that it can be seen with certainty that
there is no possibility that the activity in question will have a significant impact on the
environment. (California Code of Regulations, Title 14, Chapter 3, 15061(b)(3))
EXHIBITS:
1. Resolution No. 200fl-M8 changing the minimum limits of liability insurance for taxicabs in
the City of Carlsbad.
2. Survey of taxicab insurance requirements.
3. Ordinance No. cs-oss amending Carlsbad Municipal Code section 5.20.140.
4. Redline version of Carlsbad Municipal Code section 5.20.140.
DEPARTMENT CONTACT: Erin Letsch 760-602-2470 Erin.Letsch@carlsbadca.gov
FOR CITY CLERKS USE ONL Y.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER - SEE MINUTES D
AMENDED D
z
1
2
3
4
5 WHEREAS, Section 5.20.030 of the Carlsbad Municipal Code requires that
6
taxicab operators working in the City of Carlsbad maintain minimum limits of automobile
7
liability insurance; and
8
WHEREAS, Section 5.20.030 requires that such insurance must comply withy
10
11
12
13
Carlsbad, California, as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
14
18
19
20
21
22
23
24
25
26
27
28
Exhibit 1
RESOLUTION NO. 2009-228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CHANGING THE MINIMUM
LIMITS OF LIABILITY INSURANCE FOR TAXICABS
minimum coverage limits as established by resolution of the City Council; and
WHEREAS, Council has determined that the current coverage limits required
should be changed,
15
1. That the above recitations are true and correct.
16
2. The minimum amount of liability insurance for taxicabs in the City of
Carlsbad shall be not less than $-1 ^11-;^ , combined single limit for
bodily injury and property damage.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 15th day of September, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn
NOES: None.
ABSENT: None.
IDE A LEWIS, Mayor
ATTEST:
OD, City Clerk
Exhibit 2
April 28, 2009
TO:CITY MANAGER
FROM:Risk Manager
TAXICAB INSURANCE SURVEY UPDATE
Per your request, please find the results of a survey of cities regarding taxicab insurance limits.
City
Vista
Chula Vista
Poway
County of San Diego
Del Mar
Encinitas
San Marcos
Escondido
Oceanside
Limit
$350,000
$300,000
$300,000
$350,000
$300,000
$350,000
$1,000,000
$1,000,000
$1,000,000
Please let me know if you have any questions.
c: Deputy City Manager
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. CS-055
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTION 5.20.140
OF THE CARLSBAD MUNICIPAL CODE TO REQUIRE APPLICANTS
FOR A TAXICAB DRIVER PERMIT IN CARLSBAD TO SUBMIT A
COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT TAXI DRIVER
IDENTIFICATION CARD
WHEREAS, California Government Code section 53075.5 requires
drug and alcohol testing of all taxicab drivers;
WHEREAS, the County of San Diego Sheriffs department issues Taxi
Driver Identification Cards and requires drug and alcohol testing as part of the
process for obtaining the cards,
WHEREAS, it is recommended that the Carlsbad Municipal Code be
amended to require that applicants for a taxicab driver permit in Carlsbad must
submit a County of san Diego Sheriffs department Taxi Driver Identification Card;
and.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
1. That the above recitations are true and correct.
2. That section 5.20.140 of the Carlsbad Municipal Code is amended to
read as follows:
5.20.140 Driver's permit requirements.
(1) Generally. No person shall drive a taxicab in the city
without first applying in writing to the chief of police for
permanent driver's permit. The chief of police is authorized and
empowered to issue a temporary driver's permit pending the
investigation and issuance required for a permanent driver's permit.
Any person desiring to obtain such driver's permit shall make
written application therefor to the chief of police accompanied by a
fee as established by resolution of the city council. No permit shall
be issued to any person under the age of eighteen years, or to any
person who has, within a period often years immediately
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
preceding such application, been convicted of a felony or to any
person who, within a period of two years immediately preceding
such application, has been convicted of reckless driving or driving
a vehicle upon a highway while under the influence of intoxicating
liquors or drugs, or convicted of the violation of any of the
provisions of the Alcoholic Beverage Control Act of the state or to
any person who is for any reason whatsoever unable or
incompetent to safely demonstrate his skill and ability to safely
handle his vehicle in driving it through the crowded sections of the
city accompanied by an inspector designated by the chief of police.
No driver's permit shall be granted to any person who in the
discretion of the chief of police is not of a good moral character or
who cannot speak the English language or who does not hold both
a Class 3 or better license issued by the Motor Vehicle Department
of the state and a County of San Diego Sheriffs department Taxi
Driver's Identification Card, or who is not sufficiently acquainted
with the laws or ordinances regulating the operation of motor
vehicles. Any falsification on the application for the permit will be
grounds for the refusal of the permit.
(2) Photograph and fingerprints. Before a driver's permit is
granted to any applicant, the applicant shall present himself to the
police department, furnish an acceptable photograph and be
fingerprinted, and such photographs and fingerprints shall be filed
with the permanent records of the police department.
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 15th day of September, 2009, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2009, by the following vote to wit:
5
6 AYES:
7 NOES:
8 ABSENT:
9 ABSTAIN:
10
11 APPROVED AS TO FORM AND LEGALITY
12
13
RONALD R. BALL, City Attorney
15
16 CLAUDE A LEWIS, Mayor
17
18 ATTEST:
19
20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
22 "
23
24
25
26
27
28
5.20.140 Driver's permit requirements.
(1) Generally. No person shall drive a taxicab in the city without first applying in writing to
the chief of police for permanent driver's permit. The chief of police is authorized and
empowered to issue a temporary driver's permit pending the investigation and issuance required
for a permanent driver's permit. Any person desiring to obtain such driver's permit shall make
written application therefor to the chief of police accompanied by a fee as established by
resolution of the city council. No permit shall be issued to any person under the age of eighteen
years, or to any person who has, within a period of ten years immediately preceding such
application, been convicted of a felony or to any person who, within a period of two years
immediately preceding such application, has been convicted of reckless driving or driving a
vehicle upon a highway while under the influence of intoxicating liquors or drugs, or convicted
of the violation of any of the provisions of the Alcoholic Beverage Control Act of the state or to
any person who is for any reason whatsoever unable or incompetent to safely demonstrate his
skill and ability to safely handle his vehicle in driving it through the crowded sections of the city
accompanied by an inspector designated by the chief of police. No driver's permit shall be
granted to any person who in the discretion of the chief of police is not of a good moral character
or who cannot speak the English language or who does not hold both a Class 3 or better license
issued by the Motor Vehicle Department of the state and a County of San Diego Sheriffs
department Taxi Driver's Identification Card, or who is not sufficiently acquainted with the laws
or ordinances regulating the operation of motor vehicles. Any falsification on the application for
the permit will be grounds for the refusal of the permit.
(2) Photograph and fingerprints. Before a driver's permit is granted to any applicant, the
applicant shall present himself to the police department, furnish an acceptable photograph and be
fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of
the police department.
(3) Posting. Upon obtaining the permit the driver or operator shall at all times keep posted in
full view in the vehicle operated by him an identification card not less than four inches by six
inches in size, furnished by the chief of police, which shall have plainly printed thereon the name
of the operator or driver, his business address and telephone number, his permit number and his
photograph.
(4) Duration; renewal. All permits to drive a taxicab shall expire one year from the date of
issue. Applications for renewal shall be made within thirty days before the date of expiration of
the permit. When renewal is made within the period prescribed, such renewal shall be
accompanied by a fee as established by resolution of the city council. Permits are personal and
are not transferable.
(5) Revocation or suspension. The chief of police may revoke or suspend any such driver's
permit so issued for any violation of the provisions of this chapter by the holder of such permit or
for the existence of any state of facts which would have been a good reason for denying such
permit when applied for, whether such state of facts existed at the time application was made for
such permit or came into existence thereafter.
(6) Appeals. In the event of a refusal of permit, revocation or suspension of any driver's
permit by the chief of police, the applicant or permittee may appeal from the decision to the city
council, which may in its discretion affirm, reverse or modify the rule made by the chief of
police.