Loading...
Item 18 Staff Report Adopt Ordinance Amending Town Code Sections 28.20.025, 28.20.255 AND 28.20.280 Regulating Taxicab Operators to Allow Reciprocal Taxi CertificatesCOUNCIL AGENDA DATE: 1/3/94 ITEM NO. j p► TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: DECEMBER 10, 1993 TO: MAYOR AND TOWN COUNCIL L FROM: LARRY E. ANDERSON, TOWN ATTORNEY, SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE SECTIONS 28.20.025, 28.20.255 AND 28.20.280 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES RECOMMENDATION: 1. Adopt the ordinance that was introduced at the Town Council meeting of December 6, 1993. 2. Instruct the Clerk to publish the ordinance within 15 days after adoption. PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY LEA:yfg DISK014\A:\CNCLRPTS\TAXICAB.TCR Attachments: Ordinance Distribution: Attorney's Office Police Department 12/10/93 10:48 am File #701-05.06 Reviewed by: Manager Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTIONS 28.20.025, 28.20.155 AND 28.20.255 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I It is the intent of the Council in adopting this ordinance to allow the citizens of Los Gatos to enjoy as complete taxi service as possible while at the same time ensuring that the taxicabs operated in the Town are safe. In addition, this ordinance constitutes a continued effort in reciprocity between municipalities in the County of Santa Clara in order to reduce duplicate regulation and policies that unnecessarily inhibit community services. The Town has studied the taxicab regulations of other jurisdictions in the County of Santa Clara and is satisfied that compliance with regulations of some of those jurisdictions by taxicab operators would provide the necessary level of security and safety that citizens of Los Gatos expect and should enjoy. Therefore, with that knowledge and close relationship, the Town is willing to accept certification and licensing by neighboring jurisdictions as a substitute for its own regulation for taxicab operators not having a fixed business site within the Town, so long as that certification meets certain minimum standards. SECTION II Section 28.20.025(a) is amended to read as follows: (a) Before any vehicle subject to the provisions of this article and not licensed under an owner's license in another local public entity may be used or operated as a taxicab in the Town, the owner of the vehicle shall have the vehicle, its equipment, and its taximeter inspected by an authorized representative of the Chief of Police to determine whether it complies with the requirements of this article. ATNY016\ CNCL RI'TS\TAX I CAi3.O RD SECTION III Section 28.20.155 of the Town Code is amended to read as follows: Section 28.20.155. Requirements and Exemptions. (a) No person shall operate or permit a taxicab that is owned or controlled by such person to be operated as a vehicle for hire upon the streets of the Town without first having obtained a certificate of public convenience and necessity under this Division. (b) The requirement imposed by this Section shall not apply to a person so long as the person meets the following requirements: (i) Holds a current certificate of public convenience and necessity to operate a taxicab business from another city or town in the County of Santa Clara that has been accepted by the Chief of Police as meeting the equivalent reliability standards established by the Chief in writing, and the taxicabs that are actually being operated by the person are within the number of taxicabs specified in that certificate; and (ii) Has on file with the Chief of Police a current roster of taxicab drivers as specified in Section 28.20.255 below; and (iii) Complies with the requirements of Sections 28.20.025(d), 28.20.030, 28.20.035, 28.20.040, 28.20.045, 28.20.050, 28.20.055, 28.20.060, and 28.20.070; and (iv) Holds a current business license from the Town of Los Gatos; and (v) Files a statement with the Chief of Police verifying his or her agreement with the terms of this subsection and acknowledging that any taxicab operated by the taxicab operator may be inspected for compliance with Vehicle Code safety equipment requirements at the request of an authorized Town employee at any time. The Chief of Police may suspend or revoke this exemption upon determination that the person holding the exemption has violated any of the requirements of this Subsection. Upon suspending the exemption or prior to revoking the exemption, the Chief of Police will provide a written statement to the person holding the exemption of the reasons for the suspension or proposed revocation. That person may then file a response with ten (10) days with the Chief of Police, and the Chief of Police will then issue a written determination on ATNY016\ CNCLRPTS\TAXI CAB.O RD 2 the suspension or revocation. The determination of the Chief of Police shall be subject to appeal to the Town Council by any interested person within ten (10) days of the date of the Chiefs determination. The hearing on the appeal will be conducted in the manner provided for hearings on approval under Section 28.20.175 below. SECTION IV Section 28.20.255 is amended by adding a new Subsection (c) as follows: * * * (c) For purposes of this Section, a holder of a certificate of public convenience and necessity includes those persons operating a taxicab business who are exempt from the requirement to obtain a Town certificate pursuant to Section 28.20.155 above. SECTION V Section 28.20.280(b) and (c) are amended to read as follows: (b) Grounds for nonissuance. When the Chief of Police determines or discovers one of the following, the Chief will not issue a taxicab driver's license under this division to the affected applicant: (1) The applicant is under the age of eighteen (18) years; or (2) The applicant does not hold a valid state driver's license; or (3) The applicant has been convicted of a crime of moral turpitude, unless the applicant can demonstrate to the Chiefs satisfaction that there were mitigating circumstances; or (4) The applicant has been convicted of driving under the influence of drugs or alcohol while operating a taxicab or other vehicle for hire. (c) Additional grounds for nonissuance. The Chief of Police may disapprove issuance of a taxicab driver's license to any person: (1) Who fails to furnish the information required in the application for the license, or such additional information as has been reasonably requested by the Chief ATNY016\CNCLRPTS\TAXICAB.ORD 3 in reviewing the application; or (2) Who has knowingly used a false or fictitious name on an application for the license, or has knowingly concealed a material fact, or otherwise misrepresented any information in the application; or (3) Who has a driving record that demonstrates to the Chief that the person is an incompetent or negligent vehicle operator. SECTION VI This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1993 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATNY016\CNCLRPTS\TAXICAB.O RD 4 ORDINANCE 1964 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTIONS 28.20.025, 28.20.155 AND 28.20.255 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I It is the intent of the Council in adopting this ordinance to allow the citizens of Los Gatos to enjoy as complete taxi service as possible while at the same time ensuring that the taxicabs operated in the Town are safe. In addition, this ordinance constitutes a continued effort in reciprocity between municipalities in the County of Santa Clara in order to reduce duplicate regulation and policies that unnecessarily inhibit community services. The Town has studied the taxicab regulations of other jurisdictions in the County of Santa Clara and is satisfied that compliance with regulations of some of those jurisdictions by taxicab operators would provide the necessary level of security and safety that citizens of Los Gatos expect and should enjoy. Therefore, with that knowledge and close relationship, the Town is willing to accept certification and licensing by neighboring jurisdictions as a substitute for its own regulation for taxicab operators not having a fixed business site within the Town, so long as that certification meets certain minimum standards. SECTION II Section 28.20.025(a) is amended to read as follows: (a) Before any vehicle subject to the provisions of this article and not licensed under an owner's license in another local public entity may be used or operated as a taxicab in the Town, the owner of the vehicle shall have the vehicle, its equipment, and its taximeter inspected by an authorized representative of the Chief of Police to determine whether it complies with the requirements of this article. ATNY016\CNCLRPTS\TAXICAB.ORD SECTION III Section 28.20.155 of the Town Code is amended to read as follows: Section 28.20.155. Requirements and Exemptions. (a) No person shall operate or permit a taxicab that is owned or controlled by such person to be operated as a vehicle for hire upon the streets of the Town without first having obtained a certificate of public convenience and necessity under this Division. (b) The requirement imposed by this Section shall not apply to a person so long as the person meets the following requirements: (i) Holds a current certificate of public convenience and necessity to operate a taxicab business from another city or town in the County of Santa Clara that has been accepted by the Chief of Police as meeting the equivalent reliability standards established by the Chief in writing, and the taxicabs that are actually being operated by the person are within the number of taxicabs specified in that certificate; and (ii) Has on file with the Chief of Police a current roster of taxicab drivers as specified in Section 28.20.255 below; and (iii) Complies with the requirements of Sections 28.20.025(d), 28.20.030, 28.20.035, 28.20.040, 28.20.045, 28.20.050, 28.20.055, 28.20.060, and 28.20.070; and (iv) Holds a current business license from the Town of Los Gatos; and (v) Files a statement with the Chief of Police verifying his or her agreement with the terms of this subsection and acknowledging that any taxicab operated by the taxicab operator may be inspected for compliance with Vehicle Code safety equipment requirements at the request of an authorized Town employee at any time. The Chief of Police may suspend or revoke this exemption upon determination that the person holding the exemption has violated any of the requirements of this Subsection. Upon suspending the exemption or prior to revoking the exemption, the Chief of Police will provide a written statement to the person holding the exemption of the reasons for the suspension or proposed revocation. That person may then file a response with ten (10) days with the Chief of Police, and the Chief of Police will then issue a written determination on ATNY016\CNCLRPTS\TAXICAB.O RD 2 the suspension or revocation. The determination of the Chief of Police shall be subject to appeal to the Town Council by any interested person within ten (10) days of the date of the Chief's determination. The hearing on the appeal will be conducted in the manner provided for hearings on approval under Section 28.20.175 below. SECTION IV Section 28.20.255 is amended by adding a new Subsection (c) as follows: (c) For purposes of this Section, a holder of a certificate of public convenience and necessity includes those persons operating a taxicab business who are exempt from the requirement to obtain a Town certificate pursuant to Section 28.20.155 above. SECTION V Section 28.20.280(b) and (c) are amended to read as follows: * * * (b) Grounds for nonissuance. When the Chief of Police determines or discovers one of the following, the Chief will not issue a taxicab driver's license under this division to the affected applicant: (1) The applicant is under the age of eighteen (18) years; or (2) The applicant does not hold a valid state driver's license; or (3) The applicant has been convicted of a crime of moral turpitude, unless the applicant can demonstrate to the Chief's satisfaction that there were mitigating circumstances; or (4) The applicant has been convicted of driving under the influence of drugs or alcohol while operating a taxicab or other vehicle for hire. (c) Additional grounds for nonissuance. The Chief of Police may disapprove issuance of a taxicab driver's license to any person: (1) Who fails to furnish the information required in the application for the license, or such additional information as has been reasonably requested by the Chief ATNY016\CNCLRPTS\TAXICAB.ORD 3 in reviewing the application; or (2) Who has knowingly used a false or fictitious name on an application for the license, or has knowingly concealed a material fact, or otherwise misrepresented any information in the application; or (3) Who has a driving record that demonstrates to the Chief that the person is an incompetent or negligent vehicle operator. SECTION VI This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on December 6, 1993 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on January 3, 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATNY016\CNCLRPTS\TAXICAB.O RD 4 INTERNAL TRACKING COMPLETE AND INITIAL EACH STEP ACTION AGENDA ITEM: ,a/g 60i1 RESOLUTION/ORDINANCE NUMBER DESCRIPTION: DAM BY LIST IN BOOK caVi.dai • Obq al - 74k ON DISC? MARIAN'S FORM SENT TO DEPT. SV PUBLISH IF REQUIRED - Indicate date of / ORDINANCES ONLY Publication. / / /q / WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR SEND COPIES TO DEPT. DISTRIBUTION LIST Dist. Report Date: NO.of COPIES: TYPE ENVELOPES AND MAIL SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE PUT OUR /s/ COPY IN BASKET. FILE IN VAULT i / ti SEND FOR CODIFICATION IF ORDINANCE ! �, �h f/ 1k:d8:\other\ordns2 OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: Date of Adopt: RESOLUTION 0_,./at/L 'C-4 COUNCIL ACTION: �n AYES: NAYS: ABSENT: ABSTAIN: COUNCIL MEMBERS NAMES: Number: Date of Intro: Date of Adopt: ZONE CHANGE: 0)0399, ® /d) ORDINANCE /WS /02- - 93 Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor(or Chairman) RANDY ATTAWAY. ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK: D14: \OTHER\ORDRES January 3, 1994 Los Gatos, California ANNEXATION/NORTHEAST #20/RESOLUTION 1994-2 (13.04) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-2 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS NORTHEAST #20 TO THE TOWN OF LOS GATOS, Carried unanimously. LOS GATOS BLVD/WIDENING PROJECT/RESOLUTION 1994-3 (14.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-3 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE PLANNING DIRECTOR TO SIGN PROGRAM SUPPLEMENT IN CONNECTION WITH THE LOS GATOS BOULEVARD WIDENING PROJECT, Carried unanimously. OAK MEADOW PK/REST ROOM RENOVATION/PROJECT 9323/RESOLUTION 1994-4 (15.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-4 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9323 OAK MEADOW PARK REST ROOM RENOVATION, Carried unanimously. BLOSSOM HILL/STORM DRAIN/PROJECT 9326/RESOLUTION 1994-5 (16.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-5 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9326 BLOSSOM HILL STORM DRAIN. Carried unanimously. LOS GATOS BLVD/UTILITY UNDERGROUND DISTRICT/PROJECT 9327 RESOLUTION 1994-6 (17.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-6 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A RELEASE AND RIGHT OF ENTRY AGREEMENT WITH PROPERTY OWNERS LOCATED IN THE LIMITS OF PROJECT 9327 LOS GATOS BOULEVARD LARK AVENUE UTILITY UNDERGROUNDING. Carried unanimously. TAXICAB OPERATORS/RECIPROCAL TAXI CERTIFICATES/ORDINANCE 1964 (18.46) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1964 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTIONS 28.20.025. 28.20.155 AND 28.20.255 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES, which was introduced at the Town Council meeting of December 6, 1993. Carried unanimously. TC: D6: MM010394 3