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Item 27 Staff Report Consider Introducing an Ordinance Amending Town Code Sections 28.20.025, 28.20.155, 28.20.255 AND 28.20.280 Regulating Taxicab Operators to Allow Reciprocal Taxi CertificatesCOUNCIL AGENDA DATE: 12/06/93 ITEM NO. TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: NOVEMBER 30, 1993 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER -7 SUBJECT: CONSIDER INTRODUCING AN ORDINANCE AMENDING TOWN CODE SECTIONS 28.20.025, 28.20.155, 28.20.255 AND 28.20.280 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES RECOMMENDATION: 1. Direct the clerk to read the title; 2. Waive the reading of the Ordinance (requires unanimous vote); 3. Introduce the Ordinance. BACKGROUND: The present Town Code that regulates taxicab operators states that 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 having first obtained a Certificate of Public Convenience and Necessity from the Town Council. For a taxi company whose business is located in Los Gatos, it is essential that they meet the full requirements of the Town Code. However, for a taxicab business already regulated in another city, it is neither cost effective nor efficient for them to also apply for a certificate with Los Gatos. Currently, there is no taxicab company located within Town limits. Many elderly residents, patrons of restaurants and bars, and others rely on taxi service for transportation. Citizens must rely on taxicab companies from outside our jurisdiction for these services. DISCUSSION: The intent of the proposed amendments are designed to allow the citizens of Los Gatos to enjoy an optimum level of taxi service while at the same time ensuring that the taxicabs operated in the Town are safe. In PREPARED BY: LARRY J. TODD CHIEF OF POLICE LJT:RCS 12/1/93 4:06 pm pdsf006:a:\cnclrpts\taxi.ord File # Attachments: See Page Two for list of Attachments) Distribution: General Distribution Reviewed by: 4 i Attorney Clerk COUNCIL ACTION/ACTION DIRECTE[,Z,IS1— Finance Treasurer PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER INTRODUCING AN ORDINANCE AMENDING TOWN CODE SECTIONS 28.20.025, 28.20.155, 28.20.255 AND 28.20.280 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES November 30, 1993 addition, these ordinance amendments constitute a continued effort in reciprocity between municipalities in the County of Santa Clara in order to reduce duplicate regulations, policies and cost prohibitive fees that unnecessarily inhibit community services. Staff has studied the taxicab regulations of other jurisdictions in the County of Santa Clara and is satisfied that compliance with these regulations by taxicab operators would provide the necessary level of security and safety that citizens of Los Gatos expect and should enjoy. Therefore, the Town should accept certification and licensing by neighboring jurisdictions as a substitute for its own regulation of taxicab operators not having a fixed business site within the Town, as long as that certification meets the minimum standards outlined in the attached police department policy. ENVIRONMENT REVIEW This ordinance is not a project as defined under CEQA. FISCAL IMPACT: No fiscal impact. Attachments: 1. Ordinance 2. Police Department Policy 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. Attachment 1 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, 28.20.055, 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 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 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 , 1993. 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 4 LOS GATOS POLICE DEPARTMENT DEPARTMENT POLICY DATE: DECEMBER 1, 1993 TO: ALL PERSONNEL FROM: LARRY J. TODD CHIEF OF POLICE SUBJECT: REGULATION OF TAXICAB OPERATORS The intent of this policy is to allow the citizens of Los Gatos to enjoy an optimum level of taxi service while at the same time ensuring that taxicabs operating in the Town are safe. Staff 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, the Police Department will accept certification and licensing by neighboring jurisdictions as a substitute for its own regulation of taxicab operators not having a fixed business site within the Town, as long as that certification meets the following minimum standards: 1. Certificate of Public Convenience and Necessity to operate a taxicab business has been issued by a jurisdiction within Santa Clara County. 2. Minimum number of (5) cabs has been established in order to receive a certificate. 3. Minimum staffing levels will be regulated during twenty four hours of operation. 4. Possess a Town of Los Gatos Business License. 5. Provide the Police Department with a list of all licensed taxicab drivers authorized under the Certificate of Public Convenience and Necessity. 6. Provide the Police Department with proof of insurance from an authorized firm licensed to issue policies under the laws of this state with a notice of cancellation to the Town of Los Gatos. Once an applicant for a taxicab operating permit has provided the Police Department with a copy of the required information, that information will be verified with the appropriate agency or agencies prior to issuing the Town permit to operate a taxicab company in the Town of Los Gatos. Larry J. Todd Chief of Police LJT:sf pdsfoo6eas Weisc\taxipol.res Attachment 2 DESK ITEM COUNCIL AGENDA DATE: 12/6/93 ITEM NO. 27 TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: DECEMBER 6, 1993 TO: MAYOR AND TOWN COUNCIL FROM: LARRY E. ANDERSON, TOWN ATTORNE SUBJECT: CONSIDER INTRODUCING AN ORDINANCE AMENDING TOWN CODE SECTIONS 28.20.025, 28.20.255 AND 28.20.280 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES RECOMMENDATION: Include Town Code Section 28.20.050 in the list of Town Code sections of Section III, Section 28.20.155(b)(iii) of the Draft Ordinance that a taxicab operator certificated elsewhere must observe. A redrafted ordinance is attached. DISCUSSION: Councilmember Lubeck noted that the Draft Ordinance did not prohibit a taxicab operator certificated elsewhere from operating a jitney service by picking up a series of passengers in a cab without each passenger's consent. This was an oversight, and the jitney section should be included in the new ordinance's list of sections to be observed. Therefore, it is requested that the Council include Section 28.20.050 in the list of Town Code sections found in Section III, Section 28.20.155(b)(iii); the redrafted ordinance that is attached provides this. PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY LEA:yfg 12/6/93 3:56 pm DISK014\A: \CNCLRPTS\TAXICAB.TCR Attachments: Redraft Ordinance Distribution: Regular Reviewed by:(, JAY` n,Q'Manager Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: rTh 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. 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 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 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 , 1993. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: A I I'BST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 4 December 6, 1993 Los Gatos, California HEARINGS CONTINUED PUBLIC SAFETY CONT. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council abide by the narrow view of Prop 172, which would be that the money generated from that sales tax would go to law enforcement in the traditional sense. Carried by a vote of 4 ayes. Mayor Attaway voted no. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that staff return with a report prioritizing the three programs, including the cost for each one of those programs, and the time that the money is expected to be generated, allowing Council to fund one program at a time as the money comes in. Carried unanimously. MINUTES OF NOVEMBER 15, 1993 (25.V) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of November 15, 1993 as submitted. Carried unanimously. BRUSH ABATEMENT PROGRAM (26.27) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council direct staff to notice residents located in the Fire Hazard Area and return to Council on January 3, 1994 with a resolution and an agreement authorizing the Central Fire District to establish and enforce the "Brush Abatement Program." Carried unanimously. TAXICAB REGULATIONS/TOWN CODE AMENDMENT/ORDINANCE INTRODUCTION (27.46) Mayor Attaway stated that this was the time and place duly noted to consider introducing an ordinance amending Town Code sections regulating taxicab operators to allow reciprocal taxi certificates. The Town Clerk read the title of the draft ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to waive the reading of the draft ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance 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, as shown in the desk item before Council this evening. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS (03.01) Informational report regarding currently scheduled public hearings was received and filed with the correction of the removal of the January 4, 1994 hearing being scheduled on January 18, 1994 regular meeting. TC:135:MM120693 6