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HomeMy WebLinkAboutAgenda Report - December 16, 1992 (55)IOCITY OF LODI i COUNCIL COMMUNICATION J AGENDA TITLE: Public Hearing to Consider the Application Received from Super Cab, P.O. Box 45, Rio Vista, Ca to Operate a Taxicab Service Within the City of Lodi MEETING DATE: December 16, 1992 PREPARED BY: City Clerk R.EC0K,M HDED ACTION= That if the City Council determines that the publi< interest, convenience, and necessity require the issuancr of permit to Super Cab, P.O. Box 45, Rio Vista, Ca t< operate a taxicab service within the City of Lodi, ii shall by resolution order the City Clerk to issue + permit in accordance with the provisions of the Lod: Municipal Code (see Exhibit B attached). BACKGROUND INFORMATION: The attached application to operate a taxicab seriic( within the City of Lodi (Exhibit A) has been receive( from Super Cab, P.O. Box 45, Rio Vista, Ca. 1'h( application has been reviewed and contains al: information required under Section 5,24,210 of the Lod: Municipal Code. Pursuant to the Code, the City Clerk Be' this matter for public hearing for the December 16, 199; Council meeting. The public hearing has been advertise( pursuant to law, and an affidavit of publication is 01 file in the City Clerk's office. The applicants hav( been duly notified of the date and time of the hearing. The Lodi Municipal Code specified that, at the time set for the hearing regardint the application for such a permit, the City Council may examine the applicant an< all persons interested in the matter set forth in the application and shall determine whether or not the public interest, convenience, and necaeity require the issuance of the permit applied for. If it is found by the City 7-ouncil that the public interest, convenience, and necessity require the issuance of the permit applied for, it shall by resolution order the City Clerk to issue a permit, The code further provides that before a permit is issued by the City Clerk, thF applicant to whom a permit has been awarded by the City Council shall deliver to the City Clerk a policy of insurance with appropriate limits and naming the city at additional insured. The applicants have indicated that they would be able to meet this requirement if granted the permit. APPROVED ,�A THOMAS A PETERSON recyCWd oso« Super Cab Taxicab Sero,.ce December 16, 1992 Page Two If granted the permit, it will also be necessary for the applicants to obtain driver permits from the Chief of Police prior to being issued a permit to operate this service. The applicants are aware of this requirement. FUNDING: None required. /f l Ood�' Aliic`e� M. Reimche City Clerk I /'1 N F FARMERS INSURANCE GROUP OF COMPANIES SUE SMITH INSURANCE 1205 A ST #2 ANTIOCH, CA. 94509 (510)754-5137 Fax (510)754-0587 October 20, 1992 To Whom It May Concern: Please be advised that my insured Tammy Ila rsha I I DBA: Super Cab is currently insuerd with me under Policy Number F04-300093 and Company First Assurance & Casualty. She is currently covered for $300,000 Liability. Tammy can at any time raise her liability to $1,000,000, as I have discussed with her on the phone today. If you have any questions regarding this pleae feel free to give me a call. , Sincer Y, Sue Smith FARMERS INSURANCE GROUP OF COM PAN IES SUSAN D. 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TAXICABS AND OTHER 5.2.1.2.10 Denial grounds. VEHICLES FOR HIRE 5.24 250 Insurance. 5.2.1.26.0 Revocation. Sections: 5.2-1.270 One per person. Article 1. General Provisions 5.24.280 Transferability. 5.24.010 Definitions. 5.24.020 Compliance w i t h Article V. Driver's Permit chapter. 5.24.290 Required. 5.24300 Application. Article 11. Operation 5.24310 Issuance—Term. 5.24.030 Exclusive use by one 5.24040 passenger. Safe and direct Article 1 General Provisions transport. 5.24050 Soliciting passengers. 5.2.1.010 Definitions. 5.24060 Vehicle condition. Ebtr the purposes cf this chapter. the 5.24070 Driver qualifications. following words and phrases shall have 5.24080 Unfair competition— the meanings respectively ascribed to Fraud them by this section: 5.24.090 Fare schedule. A. "Automobile for hire" includes 5.24.100 Interior lighting— every automobile or motor-propelled Shades or blinds. vehicle by means ofwhich passengers are 5.24.110 Excess charges. transported for hire upon any public 5.24.120 Vehicle cleanliness. street in the city. and not over a regularor 5.24.130 Vehicles for hire not defined route. and irrespective of taxis. whether the operations extend beyond 5.24.140 Rate or service changes. the boundary limits of the city or not. 5.24.150 Refusal to pay fare. excepting vehicles embraced within the term "taxicab" and excepting vehicles of Article I11. Taxicab Stands transportation companies. 5.24.160 Use required. B. "Taxicab" includes every auto- 5.24.170 Application. mobile or motor-propelled vehicle by 5.24.180 Rental. means of which passengers are trans- 5.2.1.190 Discontinuance. ported for hire upon any public street in the city. and not over a regular o r de t i n ed Article 1 V, Operator's Permit route. and irrespective of whether the 5,24.200 Required. operations extend beyond the boundary 5,24,210 ,lppiicationcontents. liniasoCthecityornot.wherecharget'or 5.24.220 Application hearing— such transportation is measured by the Notice, distance traveled or by the time required 3._'4.0!0 for such transportation. or both. except- ingvehiclesof transportation companies. C. "Transportation companies" means charter-party carriers of pas- sengers. (Ord. 1333S 1(4XD). 1983: prior coded 24-1) 5.24.020 Compliance with chapter. The provisions of this chapter shalt be observed by all persons operating taxi- cabs or automobiles for hire in the city. and it is unlawful to operate any taxicab or automobile for hire in violation ofany of such provisions. (Priorcode§ 24-2) Article 11. Operation 5.24.030 Exclusive use by one passenger. No operator or owner of any auto- mobile for hire or taxicab shall solicit or take on orcarry any passenger after such automobile for hire or taxicab shall have been engaged or while in use for another passenger. without theconsent of the pas- senger first engaging the same having been tirst obtained. A passenger engaging such automobile shall have the exclusive right to full and freeuse of the passenger compartment. and the whole thereof if he desires the same. (Priorcode 3 24-3) 5.24.040 Safe and direct transport. The operator of any taxicab shall carry any passenger engaging the same safely and expeditiously to his destination by the most direct and accessible route. (Priorcode§ 2=1.4) 5.24.050 Soliciting passengers. No owner or operator of any auto- mobile for hire or taxicab shall solicit patronage for the same from the vehicle or within one hundred yards therefrom. upon any public street. save and except at railroad and interurban depots and within the boundaries of the space to be designated by the chief of police for such purpose. Wricxcode § 24-5) 5 24.0 0 Vehicle condition. All automobiles for hire and taxicabs shall be kept in good mechanical condi- tion. (Priorcode§ 24-6) 5.24.070 Driver qualifications. No taxicab o rautomobile [or hire shall beoperated by any person under the age of twenty-one years. of by any person who does not have a chautTeur's license issued by the state. or by any person under the influence of intoxicating liquors. or by any person while using tobacco in any form. or by any person who is for any reason whatsoever unable or incompetent to safely handle such automobile. orby any person in violation ofany valid taw or ordinance. ( Prior code §'4-y) 5.24.080 Unfair compet it ion— Fraud. No owner or operator of any auto- mobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit sny fraud upon the public or other persons engaged in the same business. and the council shall be the sole judge of what constitutes fraud or unfair competition under the provisions ol'this section. Any complained ofand sworn to be violation of this section shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant bel'ure a notary public or other officer authorized to administer oaths. (Priorcode 3 24-81 5.24.090 Fare schedule. Every taxicab shall have posted in the passenger's compartment a schedule cf rates and charges for the hire of the vehi- cle and a copy of Sections 5.24.020 through 5.24,130, ( Prior code § 24-9) 5.24.100 Interior lighting—Shades or blinds. Every automobile for hire and taxicab shall be equipped with a light of not lei s than two candlepower within such vehi- cle. so arranged as to illuminate the whole of the passenger compartment. which light shall be constantly lighted at all times while any passenger is in such vehicle. except when the same is in motion. from one-half hour after sunset ofany day untilone-half hour before sun- ri�e of the next day. and no shades or blinds shall be drawn over the windows ofan automobile for hire or taxicab while any passenger is in such vehicle. (Prior code§ 24-10) 5.24.110 Excess charges. No charge shall be made by any oper- ator or owner of taxicab or automobile for hire in excess of the rates posted in the passenger compartment of the vehicle and approved by the council. (Priorcode 3 24-11) 5,2.1,120 Vehicle cleanliness. No automobile forhire or taxicabshall be operated unless the passenger com- partment is kept clean and in a sanitar% condition. (Priorcode 24-12) ,a ; `._'4.080 5.24.130 Vehicles for hire nut taxis. No automobile for hire shall be desig- nated as a "taxi" or "taxicab" or by any word or phrase using the words "taxi" or "taxicab" in any sign or advertising mat- ter.1 Prior code 3 '_4-13 ) 5, 24,140 Rate or service changes. In the event that any permit holder desiresto change his schedule of rates and charges or the color scheme. name. monogram or insignia used on such automobile for hire or taxicab. or to sub- stitute any vehicle for and in place of the vehicle or vehicles described in the application. for a permit. or to i ncrease or decrease the number of vehicles used by him as automobiles for hire or taxicabs. he shall make application for permission to do so to the council, which permission shall be granted, if in thediscretionofthe council. it deems the public interest. necessity and convenience will be sub - served by such change, and if the permit holder has complied with all the provi- sions of this chapter. (Priorcode 3 24-14) 5.2.1,150 Refusal to pay fare. It is unlawful for any person to refuse to pay the legal fare for the hire of any automobile for hire or taxicab. after hay- ing hired the same. with the intent to defraud the person from whom it is hired. (Prior code § 2.t -i5) :article III. Taxicab Stands 5.2.3.160 Use required. N o automobile for hire or taxicab shall remain standing upon any portion of am public street within the city. except liar loading anu unloading passengers, and 5.24.160 then not for 3 period of more than five council for such discontinuance and file minutes. excepting in such stand as may the same with the city clerk. who shall set be designated by the council and the same to he heard at a meeting of the described in the application for 3 stand. city council and who shall give notice of This section shall not apply to any auto- such hearing by causing notice thereof to mobile for hire or taxicab while the same be published in the newspaper designated is engaged by and being paid for by 3 for the publication of official publica- passenger. (Prior code § 24-16) tions of the city at least ten days before the dateofthe hearing. At the hearing the 5.24.170 Application. city council shall publicly hear all per - If any proposed taxicab stand is in a sons desiringto consent or object to such public street of the city. application to discontinuance and shall grant or deny maintain the same shall be in writing. such application at the discretion of the filed with the city clerk. who shall set the city council. (Prior code § 25-19) same to be heard at a meeting of the city council and who shall give notice of such hrticle IV. Operator's Permit hearing by causing notice thereof to be • published in the newspaper designated 5.24.200 Required. for the publication of official publica- It is unlawful to operate or cause to be tions ofthe city, at least ten days before operated anautomobile forhire orataxi- the date of the hearing. Such written cab upon any public street within the application shall be accompanied b y a fee city. without first having obtained a per - of five dollars to be paid to the city by the mit to do so in accordancewith the provi- applicant. At the hearing the city council sions of this article. and without shall publicly hear all persons desiring to complyingorhavingcompliedwith all of consent or object to such application. the provisions of this chapter. (Priorcode and shall grant or deny such application § 24-20) in the discretion ofthecity council. (Prior code§ 24-17) 5.24.210 application contents. Any person desiring to obtain the per - 5.24.180 Rental. mit required by Section 5.24.200 shall The holderof any perm i t to maintain a pay a fee of ten dollars to the city clerk taxicab stand shall pay to the city such andshaTC-mdke application forthepermit rental therefor is the city council from to the city council. which application time to time f fixes by resolution or ordi. shall set forth: naece.(Priorcode§24-18) A. The name rind address ofthe appli- cant. and if a corporation. the names of 5.2.1.190 Discontinuance. its principal officers. or if a partnership. Anyone desiring to discontinue. or association or fictitious company. the have discontinued. the use of taxicab names of the partners or persons com- stand in a public street in the city may posing the association or company, with make written application to the city the address ofeach: t).t B. A statement as to whether the per- mit is desired for an automobile for hire or a taxicab: C. A description of every motor vehi- cle which the applicant proposes to use. giving: 1. Trade name. 2 Motor and serial number. 3. State license number. 4. Seating capacity. and 5. Body style: D. The street number and exact loca- tion of the place or places wh%re the applicant proposes to stand each such automobile: E Proposed schedule of rates or fares to be charged for carrying passengers in such automobile: F. The distinctive color scheme. name. monogram or insignia which will be used on such -automobile. (Priorcode § 24-21) 5.24.220 Application hearing— Notice. Upon the receipt of an application referred to in Section 5.24.210. the city clerk shall seta time. not less than ten nor more than thirty days thereafter, for the hearing of the application before the city council. and shall give notice of the time so set at least fivedays before the date of the hearing. to the applicant and to any other permit holder under this chapter at the address set out in such application and by publication. if directed. by the council. ( Prior code § 24.22) 5.24.230 application hearing— Conduct. At the time set for the hearing of the application t'or apermit. thecouncil rna� 5,2 4. '10 examine the applicant and all persons interested in the matter set forth in the application. and shall determine whether or not the public interest. convenience and necessity require the issuance of the permit applied for. and if it is found by the council that the public interest. con- venience and necessity require the issu- ance of the permit applied for. it shall by resolution order the city clerk to issue a permit in accordance with the applica- tion. subject to the tiling and approval of an undertaking as required by Section 5,24.250. (Priorcode§ 24-13) 5.24 240 Denial grounds. The following reasons shall be suffi- cient for denial of an operator's permit: A. That the application is not in the form and does not contain the informa- tion required to be contained by this arti- cle: B. That the vehicle or vehicles described in the application are inade- quate or unsafe for the purposes for which they are to be used: C. That the color scheme. name. monogram or insignia to be used upon such automobile is in contlict with or imitates any color scheme. name. mono- gram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public: D. That the location of the stand. as stated in the application therefor as required by Section 5.24.170. issuch as to congest or interfere with travel on any public street. or that the proposed stand is within three hundred feet of any other stand theretofore fixed by the council on the same street: E. That the applicant has. at sonic 5.24.240 priortime. had a permit for the operation right to use anv distinctive color. mono - of an automobite for hire or taxicab gram or insignia. after thirty clays' notice revoked for reason: to the permit holder. requiring him to F. That it appears to the council that appear at a certain time and place to there are a sufficient number of taxicabs show cause why the permit should not be and automobiles for hire in the city to revoked. for any o fthe following reasons: fully serve the public. and that the grant- -X. That the undertaking provided for ing of more permits would unduly con- in Section 5.24.250 has not been given or gest the traffic and interfere with the free has been withdrawn or lapsed for non- use ofthe public streets by the public. and payment of premium. or is not in force that the public interest, convenience and for any reason: necessity do not require the issuance of B. For the nonpayment for any such permit. ( Prior code § 23-24) license fee provided by this code or other ordinance of the city: 5.24.250 Insurance. C. For the failure to observe any ofthe Before a permit is issued by the city rules andregulations or provisions ofthis clerk. the applicant to whom a permit has chapter: D. For the violation ofany ofthe laws been awarded by the city council shall of the state or ordinances of the city by deliver to the city clerk 3 policy of insur- the permit holder. operator or driver of ance. executed by a company duly autho- an automobile for hire or taxicab: C rized under the laws of the state to E. For the failure to maintain satisfac- operate an insurance business. by the tory service to the public by means ofany ofthe vehicles described in the permit or promisesand undertakes to pay in full al{ for the failure to keep any car described claims for damages to persons or prop- claims in the permit in use for a reasonable resulting from the operation of the length of time. or for the failureto use the automobiles referred to in the applica- distinctive color. monogram or insignia tion: provided. that the maximum described in the application: amount for which liability shall be F. For any cause which in the opinion assumed. and requirements for the city of the council makes it contrary to the being named an additional insured. and b public interest. convenience and neves. any other insurance requirements. shall sity for the permit tobecontinued. (Prior be as set and required from time to time code 24-26) by resolution of the city council. (Ord. 1340 S 1. 1984: prior code§'_4-25) 5. 24.270 One per person. No person shall be entitled to hold 5.24.260 Revocation. more than one permit at a time. either as Any permit granted under the provi- individual, member of copartnership. sionsofthis article maybe revoked by the stock- holder orol)icerofa corporation. or council. either as a m hole or as to am cub under anv tictitious name. or othenvise. described in such a permit. or as to the t Prior code § 24-27) r 5.24.280 Transferability. No permit issued under the terms of thisarticle shall be transferable, either by contract oroperation of law. without the permission of the council having been first obtined. and any such attempted transfer shall be sufficient cause for revocation thereof. (Prior code 3 24-28) Article V. Driver's Permit 5.24.290 Required. It is unlawful for any driver to operate any automobile for hire or taxicab in the city. unless such driver holds a permit to do was required by this article. (Prior code 3 24-29) 5.24300 Application. An application fora driver's permit. in writing. verifiedby the applicant, shall be filedwith thechief of police. settingforth the following: A. Name. address and description of the applicant: B. Name of :he applicant's emptoycr or proposed employer. C. A photograph of the applicant taken within sixty days immediately prior to the date of the filing of the application. which picture shall be two inches by two inches. showingthe head and shoulders of the applicant in a clear and distinguishing manner: D. The lingerprints of the applicant: E, A statement of whether or not the applicant has been convicted of a n y I c I- ony. misdemeanor or �,iolation of an,, municipal ordinance. the nature ol' the offense and the punishment or penaft% assessed theretor, (Prior code 3 '4-311) M ;.24.230 5.24.3 10 IssuanceTerm. The chief of police shall issue a driver's permit which shallcontinue in force and effect for a period of one year. provided that the applicant possesses the following qualitications A. The applicant shall he at least twenty-one years of age. B. The applicant shall not have been convicted of any of the following otlenses: 1. Driving a motor vehicle in a mck- less manner or under the influence of an intoxicant: ' . Pandering: 3. Using. possessing. selling or trans- porting narcotics: 4. Assault and battery: 5. Any crime involving moral tur- pitude: 6. Violation of any of the provisions of this chapter. (Priorcode 3 24-3 t ) Chapter 5.28 PRIVATE PATROL SYSTEMS Sections: Article 1. Generally 5.28.010 Definitions. 5.28.020 Uniforms. 5.28.030 Badges and insignia— Use—Approvul. 5.28.040 Badges and insignia— Sale. 5.28.050 Hank insignia. 5.28.061) Complaints to state. 5.28.070 Ri ment of license fees. 5'a.Uat! Notice serN ice. DECLARATION OF MAILING On November 23, 1992 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily cr—unication by mail between the City of Lodi, California, and the placee to which said envelopes NNwe addreseed. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 23, 1992, at Lodi, California. Alice M. Reimche City Clerk 3e ifer MJ/Perrin Deputy City Clerk DEC#01/TXTA.FRM OF NOTICE OF PUBLIC HEARING CITY uF LODE Date: December 16, 1992 CARNEGIE FORUM 305 West Pine Street, Lodi Time 7:30 P.M. For information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk telephone: 333-6702 NOTICE OF PUBLIC HEARING December 16, 1992 NOTICE S HEREBYGIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the City Council wilt conduct a public hearing to consider the following matter: a) the application of Super Cab, P.O. Box 45, Ria Vista, California to operate a taxi service within the City of Lodi. All interested personsare invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: mc A� ce ;�` I` Ali1VI. Reihe City Clerk _ Dated: November 18, 1992 Approved as to form: Bobby W. McNatt City Attorney Super Cab Attention: Lorraine Marshall P.O. Box 45 Rio Vista, CA 94571 SUPERCAB PUBLIC HEARING MAILING LIST EXHIBIT B Alice M. Reimche City Clerk RESOLUTION NO. 92-191 asasaaamaaaaaaaxaaaaa RESOLUTION DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ISSUANCE OF A PERMIT TO SUPER CAB, P.O. BOX 45, RIO VISTA, CALIFORNIA TO OPERATE A TAXICAB SERVICE WITHIN THE CITY OF LODI ccessnaszsaamasaaaxaz s=xsx3asasaaxs=aasssssxssssxxaxxxzxassaxzaxaasaxsazaamaaaa WHEREAS, an application has been received from Super Cab, P.O. Box 45, Rio Vista, California to operate a taxicab service within the City of Lodi; and WHEREAS, the application has been reviewed and determined to contain all information required under Section 5.24.210 of the Lodi Municipal Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi, following a public hearing on the matter, does hereby determine that the public interest, convenience and necessity require the issuance of the subject permit applied for. BE IT FURTHER RESOLVED, that the City Council of the City of Lodi does hereby order the City Clerk to issue a permit to Super Cab, P.O. Box 45, Rio Vista, California to operate a taxicab service within the City of Lodi in accordance with the application, subject to the filing and approval of an undertaking as required by Section 5.24.2.50 conditioned upon the receipt of an approved certificate of Liability Insurance approved by the City Attorney. Dated: December 16, 1992 ss=sssasaa:sasasaasszaasssaaxxaaaaaaaacssaxaaaaaasvaaanassaaaaaaamszxaszasa=saes - I hereby certify that Resolution No. 92-191 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 16, 1992 by the following vote: Ayes: Council Members Davenport, Maim, Sieglock, Snider and Pennino (Mayor) Noes: Council Members - None Absent: Council Members - None Attest: Alice M. eimche City Clerk