HomeMy WebLinkAboutAgenda Report - July 1, 1987 PHC- vINCIL COMMUNIC TIO'
i0 THE CITY COUNCIL
FROMTHE CITY MANAGER -5 OFFICE
duly 1, IY87
5vt°JECT n Tr 'Cr V ;: ,M, BUDDY :^- C LLOYD �'UhL"!C HEARING TO COt�t'SiDER Ti-�L hPPLICA��G�� RE��,ti�� r�:C�� ����'� �rT.., L Yu D.
KUEHNE, AND LARRY GIGLITTO TO OPERATE A LIMOUSINE SERVICE WITHIN THE CITY OF
RECOMMENDED ACTION: That, if the City Council determines that the public
interest, convenience and necessity require the issuance
of a permit to American Classic Limousine Service to
operate a Limousine Service within the City of Lodi, it
shall, by resolution, order the City Clerk to issue a
permit in accordance with the provisions of the Lodi
Munic-pal Code. (See Exhibit "S" attached)
The attached application (Exhibit "A") has been received from Buddy Moats;
Lloyd D. Kuehne, and Larry Giglitto (American Classic Limousine Service) to
operate a limousine service within the City of Lodi. The application has been
reviewed and contains all information required under Section 5.24.210 of the
Lodi Municipal Code. Pursuant to the Code the City Clerk set this matter for
public hearing for the July I, 1987 Council meeting. The public hearing has
been advertised pursuant to law, and an affidavit of publication is on file in
the City Clerk's office. The applicants have been duly notified of the date,
and time of the hearing.
The Lodi Municipal Code specifies that, at the time set for the hearing of the
application for a permit, the Council may 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. If it is found by the Council 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,
the applicant to whom a permit has been awarded by the City Council shall
deliver to the City Clerk a policy of insurance with the appropriate limits and
naming the City as additional insured. The applicants have indicated that they
are in the process of securing the required insurance coverage.
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 and have contacted the police
department regarding the processing of the required permits.
)� . &6relj
Alice M. Reimc e
City Clerk
AMR:jj
COUNCOM8
TXTA.02D
LEGAL NOTICE
NOTICE OF PUBLIC HEARING B" THE LODI CITY COUNCIL
THEATION
OF THE CITY OF cODI TO CONSIDER
LIMOUSINELIC SERVICE,
RAM
RECEIVED FAMERICAN CLASSIC
902 INDUSTRIAL WAY, LODI, CALIFORNIA 95240,
TO OPERATE A LIMOUSINE SERVICE WITHIN THE CITY OF LODI
NOTICE IS HEREBY GIVEN that on the 1st day of July, 1987, at the
hour of 7;30 p.m., or as soon thereafter as the matter may be heard, the
Lodi City Council will conduct a public hearing in the Council Chambers,
City Hall, 221 West Pine Street,
Lodi, California, to consider the
G� litto,
application received from Buddy Moats, Lloyd D. Kuehne and Larry Ig
doing business as American Classic Limousine Service, 902 Industrial Way,
Lodi, CA 95240, to operate a Limousine Service within the City of Lodi.
Section 5.24.230 of the Lodi Municipal Code sets forth that, at
the time of the hearing of the application for a permit to operate a
Limousine Service within the City of Lodi, the council may examine the
terested in the matter set forth in the
applicant and all persons in
application and shall determine whether or t.ot the public interest,
convenience, and necessity require the issuance of the permit applied for
and, if it is found by the council that tha public interest, convenience,
permit applied for, it shall, by
and necessity require the issuance of the p PP
r the city clerk to issue a permit in accordance with the
resolution, orde
filing and approval of an undertaking as
application subject to the
b Section 5.24.250 of the Lodi Municipal Code.
required y 4
Information regarding this item may be obtained in the Office of
Cit Clerk at 221 West Pine Street, Lodi, California. All interested
the Y
iews either for or against the
persons are invited to present their v
ro osal. Written statements may be filed with the city clerk at
above P P s`
any time prior to the hearing scheduled 'herein and oral statements may be
rude 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, 2211 'test Rine Street, at or prior to, the public
hearing.
Dated: June 6, 1987
By Order of the Lodi City Council
Alice M. Reimche
City Clerk
CITY OF LODI
VEHICLE FOR HIRE OPERATOR'S PERI?IT
(ISSUED p RTHENLO TO SECTION 5.24.200 ET SES.
ODI MUNICIPAL CODE)
RESOLVED that a Vehicle for Hire Operator's Permit is hereby issued
pursuant to Section 5.24 Pt seq. of the Lodi Municipal Code as
authorized by the Lodi City Council by ResoluLion No. 87-80 adopted
,iuly 1, 1987 to:
Lloyd D. Kuehne, Buddy Moats, Larry Gigletto
DBA: American Classic Limousine Service
902 Industrial Way
Lodi, CA 95220
Enclosures: a) Application of American Classic Limousine Service
b) Section 5.24 et seq. of the vehicle code
c) Certified copy of Resolution No. 87-80
By Order of the Lodi City Council
Alice M. Reimche
City Clerk
RESOLUTION NO. 87-80
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE, AND NECESSITY REQUIRE THE ISSUANCE OF A
PERMIT TO BUDDY MOATS, LLOYD D. KUEHNE AND LARRY GIGLITTO
(AMERICAN CLASSIC LIMOUSINE SERVICE)
TO OPERATE A LIMOUSINE SERVICE WITHIN THE CITY OF LODI
WHEREAS, an application has been received from Buddy Moats, Lloyd
D. Kuehne, and Larry Giglitto (American Classic Limousine Service) to
operate a limousine 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 bode.
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 permit apE ied 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 Buddy Moats,
Lloyd D. Kuehne, and Larry Giglitto (American Classic Limousine
Service) in accordance with the application, subject to the filing and
approval of an undertaking as required by Section 5.24.250.
Dated: July 1, 1987
I hereby certify that Resolution No. 87-80 was passed and
adopted by the City Council of the City of Lodi in a
regular meeting held July 1, 1987 by the following vote:
Ayes: Council Members - Hinchman, Pinkerton, Reid,
Snider and Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
lam/ �L.
ALICE M. REIMCHE
City Clerk
87-80
gyp.ncs i6t.R:I�L 1,,Ta ,' hyo
June 2, 1987
City of Lodi
Box 3006
Lodi, CA 95241
ATTN: Alice Reimche,
APPLICATION OF CONTENTS
A. American Classic Limousine Service
902 Industrial Way
'Lodi, CA 95240 Partnership
Buddy Moats 1191 Orangewood Drive Lodi, CA 95240
Lloyd D. Kuehne 642 Atherton Drive Lodi, CA 95240
Larry Giglitto 412 N. Church Street #25 Lodi, CA 95240
B. Limousine for hire
C. 85 Stretched Lincoln Continental
1. American Classic Limousine Service
2. V-8, I.D. #ILJBP96FOFY724850
3. IRJD292 ,
4.' Six _
5. Limousine
D. 902 Industrial Way Lodi, CA 95240
E. See Attached Sheet
F. Burgundy
Yours Truly,
(5SCJ ►
Lloyd D. Kuehne
Y
mgm/LDK J;
TELEPHONE (209) 334-33F7 `
:NDUSTRIAL WAY MAILING: ?.0 >X 926 LODI, CALIFORNIA 36241
LIMOUSINE RATES
r,iL-WEER MONDAY THRU FRIDAY
Lunch $45.00 2 hour minimum
$40.00 3 hour minimum
Tahoe /Reno
$500.00 12 hour @ $40.00 hour
400 Miles Maximum & $1..00 for over miles
$800.00 24 hours @ $40.00 hour
600 Miles Maximum & $1.00 for over miles
Security Deposit
$100.00 deposit applicable towards ental
if left clean when leaving yard_
5.24.160
then not for a period of more than five
minutes, excepting in such stand as may
be designated by the council and
described in the application for a stand.
This section shall not apply to any auto-
mobile for hire or taxicab while the same
is engaged by and being paid for by a
passenger. (,Prior code § 24-16)
5.2.1.170 Application.
If any proposed taxicab stand is in a
public street of the city, application to
maintain the same shall be in writing.
filed with the city clerk. who shall set the
same to be heard at a meeting of the city
council and who shall give notice of such
hearing by causing notice thereof to be
published in the newspaper designated
for the publication of official publica-
tions of the city, at least ten days before
the date of the hearing. Such written
application shall be accompanied by a fee
of five dollars to be paid to the city by the
applicant. At the hearing the city council
shall publicly hear all persons desiring to
consent or object to such application,
and shall grant or deny such application
in the discretion of the city council. ( Prior
code § 24-1 7 )
5.24.1230 Rental.
The holder ofany permit to maintain a
taxicab stand shall pay to the city such
rental therefor as the city council from
time to time fixes by resolution or ordi-
nance. (Prior code § 24-18)
5.24.190 Discontinuance.
Anyone desiring to discontinue, or
have discontinued. the use of a taxicab
stand in a public street in the city may
make written application to the city
94
council for such discontinuance and file
the same with the city clerk. who shall set
the same to be heard at a meeting of the
city council and who shall give notice of
such hearing by causing notice thereof to
be published in the newspaper designated
for the publication of official publica-
tions of the city at least ten days before
the date of the hearing. At the hearing the
city council shall publicly hear all per-
sons desiring to, rsent or object to such
discontinuance and shall grant or deny
such application at the discretion of the
cite council. (Prior code § 24-19)
Article iV. Operator's Permit
5 24.200 Required.
It is unlawful to operate or cause to be
operated an automobile for hire or a taxi-
cab upon any public street within the
city. without first having obtained a per-
mit to do so in accordance with the provi-
sions of this article, and without
complying or having comp;ied xith all of
the provisions of this chapter. ( Prior code
§ 74-20)
5.24.210 Application consents.
Any person desiring to obtain the per-
mit required by Section 5.24 200 shall
pay a fee of ten dollars to the city clerk
and shall make application forthe permit
to the city council, which application
shall set forth:
A. The name and address of the appli-
cant, and if a corporation, the names of
its principal officers. or if a partnership,
association or fictitious company, the
names of the partners or persons com-
posing the association or company. with
the address of each:
14
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:
I. Trade name.
?. 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 where 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 s,-heme.
name. monograrn or insignia which will
be used on such automobile. (Prior code
24-21)
5.24.220 Application hearing—
Notice.
Upon the receipt o} an application
referred to in Section 5.24 210, the city
clerk shall set a 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 five days 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 fora permit. the council may
95
5.24..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 filing and approval of
an undertaking as required by Section
5.24.250. (Prior code y 24-23)
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 conflict 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 some
4
S
j
f
a
.24 240
prior time. had a permit for the operation
of an automobile for hire or taxicab
revoked for reason:
F That it appears to the council that
there are a sufficient number of taxicabs
and automobiles for hire in the city to
fully serve the public. and that the grant-
ing of more permits would unduly con-
gest the traffic and interfere with the free
use of the public streets by the public. and
that the public interest, convenience and
necessity do not require the issuance of
such permit. (Prior code §'4-24)
5.24 ?50 Insurance.
Before a permit is issued by the cite
clerk. the applicant to whom a permit has
been awarded by the city council shalt
deliver to the city clerk a po!icy of incur-
ance, executed by a company duly autho-
rized under the laws of the state to
operate an insurance business, by the
provisions of which policy the company
promises and undertakes to pay in full all
claims for damages to persons or prop-
erty resulting from the operation of the
automobiles -referred to in the applica-
tion: provided. that the maximum
amount for which liability shall be
assumed. and requirements for the city
being named an additional insured, and
anv other insurance requirements, shall
be as set and required from time to time
by resolution of the city council. (Ord.
1340 § 1. 1984: prior code § 24-25)
5.24 260 Revocation.
Any permit granted under the provi-
sions of this article maybe revoked by the
council. either as a whole or as to any cab
described in such a permit, or as to the
96
right to use any distinctive color. mono-
gram or insignia. after thirty days notice
to the permit holder. requiring him to
appear at a certain time and place to
show cause why the permit should not be
revoked. for any of the following reasons:
A_ That the undertaking provided for
in Section 5.24 250 has not been given or
has been withdrawn or lapsed for non-
payment of premium. or is not in force
for anv reason:
B. Fur the nonpayment for any
license fee provided by this code or other
ordinance of the city:
C. For the failure to observe any of the
rules and regulations or provisions of this
chapter:
D. For the violation of any of the laws
of the state or ordinances of the city by
the permit holder, operator or driver of
an automobile for hire or taxicab:
E. For the failure to maintain satisfac-
tory service to the public b, •neans of any
of the vehicles described in the permit or
for the failure to keep any car described
in the permit in use for a reasonable
length of time, or for the failure to use the
distinctive color. monogram or insignia
described in the application:
F. For any cause which in the opinion
of the council makes it contrary to the
public interest, convenience and neces-
sity for the permit to be continued. (Prior
code § 24-26)
5.24.270 One per person.
No person shall be entitled to hold
more than one permit at a time, either as
individual, member of copartnership,
stockholder or officer ofa corporation, or
under'anv fictitious name, or otherwise.
(Prior code § 24-271
3
5._4.250
5.24-230 Transferabilit}.
5.24.310 Issuance—Zcrm.
The of shaft issue a driver's
x
No permit issued under the terms of
either by
chief police
Permit which shalt continue in force and
this article shall be transferable,
or operation of law. without the
effect for a period of one year. provided
contract
of the council having been
that the applicant possesses the following
pe, mission
first obtained. and any such attempted
qualifications:
A. The applicant shall be at least
transfer shall be sufficient cause for
revocation thereof. (Prior code 3 '_4-25)
twenty-one years of age.
B. he applicant shall not have been
T
'?
convicted of any of the follo.ving
Article V. Driver's Permit
offenses:
I. Driving a motor vehicle in a reck-
5.24.290 Required.
less manner or u, ter the Influence of an
It is unlawful for any driver to operate
intoxicant:
any automobile for hire or taxicab in the
2. Pandering:
city. unless such driver holds a permit to
3- Using, possessing- selling or trans -
do so as required by this article. (friar
porting narcotics:
code §'_4 -?9)
4. Assault and batten:
S. Any crime involving moral tur-
C
5.24.300 Application.
An application fora driver'spermit, "1
pitude:
6. Violation of any of the provisions
'4-31)
be
of this chapter. (Prior code $
writing, verified by the applicant. shall
filed with the chief of police, setting forth
the following:
A. Name. address and description of
C[,apter 5?8
the applicant:
B. Mame of the applicant's employer
or proposed employer:
PRIVATE PATROL. StSTENIS
C. A photograph of the applicant
taken within sixty days immediately
the date of the filing of the
Sections:
prior to
application. which picture shall be two
Article t. Generally
inches by two inches. showing theheclead
5.28-010 Definitions.
a
and shoulders of the applicant
5 28 020
5?S.G30 Badges and insignia—
;
and distinguishing manner,
Use—Approval.
D. The fingerprints of the applicant-.
3:28.040 Badges and insignia—
E. A statement of whether or not the
Sate.
applicant has been convicted of any fel-
or violation of any
5.28.050 Rank insignia.
€
Y
ony. misdemeanor
municipal ordinance. the nature of the
5.28.060 Complaints to state.
Payment of license fees.
offense and the punishment or penalty
5.28.070
5.28.080 Notice service.-
assessed therefor. (Prior code § 24-30)
97
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