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HomeMy WebLinkAboutAgenda Report - December 6, 1995 (44)OF CITY OF LODI COUNCIL COMMUNICATION cgt,FOw�`p AGENDA TITLE: Set Public Hearing for January 3, 1996 to Consider the Application Received from Pargat Singh Gill, 1932 Anderson Drive, Lodi, to Operate a Taxicab Service Within the City of Lodi MEETING DATE: December 6, 1995 PREPARED BY: City Clerk RECOMMENDED ACTION: That the City Council set a Public Hearing for January 3, 1996 to consider application received from Pargat Singh Gill, 1932 Anderson Drive, Lodi, to operate a taxicab service within the City of Lodi. BACKGROUND INFORMATION: The attached application to operate a taxicab service within the City of Lodi (Exhibit A) has been received from Pargat Singh Gill, 1932 Anderson Drive, Lodi. The application has been reviewed and contains the information required under Section 5.24.210 of the Lodi Municipal Code. Pursuant to the Code, it is being requested that this matter be set for a Public Hearing for the City Council meeting of January 3, 1996. A copy of the Code is attached. The Lodi Municipal Code specifies that, at the time set for the hearing regarding the application for such a permit, the City 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 City 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 appropriate limits and naming the City as additional insured. 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 applicant has been informed of these requirements. FUNDING: None required. fifer M. rrin ""l Clerk Attachments APPROVED: H. DIXON FLYNN City Manager CC -1 November 14, 1995 City of Lodi 221 W. Pine Street Lodi, CA 95240 RE: Application for Taxicab City Clerk, My desire is to obtain a permit to operate a taxicab in the city of Lodi. The vehicle I wish to use would be a 1988 Grand Mercury, a four door passenger vehicle. Vehicle identification number 2MEBM75F6JX643330. California state license number is 3JDB247. The rate charged would be $1.65 for meter drop and then at a rate of $1.50 per mile. The vehicle is white in color and it would be called Lodi City Cab. With no monogram or insignia, simply the name printed on the side of the vehicle. PARGAT SINGH GILL 1932 Anderson Drive Lodi, CA 95240 209-333-8182 April 26, 1994 Mr. Pargat Singh Gill 1932 Anderson Drive Lodi, CA 95240 Dear Mr. Gill: I am in receipt of your $10.00 and application to operate a taxicab service in Lodi pursuant to Lodi Municipal Code 5.24 (a copy of which was given to you on this date). The following items were not included on your application which is required in Section 5.24.210. You need to include the following additional information regarding the vehicle you plan to use. * Motor and serial number of vehicle; and b State license number on the vehicle. You need to be more specific on your proposed schedule of rates or fares to be charged for carrying passengers in the vehicle. You also need to include on your application the distinctive color scheme, name, monogram or insignia which will be used on the vehicle. Please make these changes noted above on your application and resubmit it to me. You do not need to resubmit the $10.00 fee. Also included in this letter is a copy of Resolution No. 85-11 entitled, "A Resolution of the Lodi City Council Setting Liability Insurance Requirements for All Persons Operating Taxicabs or Automobiles for_ Hire Under Permit of the City of Lodi" for your information. Should you have any questions regarding this matter, please feel free to contact me. Sincerely, Jennifer M. Perrin City Clerk JMP Attachment C RESOLUTION NO. 85-11 RESOLUTION OF THE LODI CITY COUNCIL SETTING LIABILITY INSURANCE REQUIREMENTS FOR ALL PERSONS OPERATING TAXICABS OR AUTOMOBILES FOR HIRE UNDER PERMIT OF THE CITY OF LODI BE IT RESOLVED, that the following are the liability insurance requirements set by the Lodi City Council under Chapter 24, § 24-25 of the Lodi Municipal Code relating to taxicabs operator's liability insurance: "All persons operating taxicabs or automobiles for hire (hereinafter referred to as "Operator"), under permit in the city, shall maintain in full force during the term of Operator's permit, a policy of public liability insurance under which Operator is named as insured, and containing an Additional Named Insured Endorsement naming the City of Lodi as an additional insured, and under which the insurer agrees to indemnify and hold Operator, and the City of Lodi harmless from, and against all costs, expenses, and liability arising out of, or based upon, any and all property damage, or damages for personal injuries, including death, sustained in accidents occurring in or about the demised premises; where such accident, damage, or injury, including death, results, or is claimed to have resulted, from any act or omission on the part of Operator, or Operator's agents or employees. The minimum limits of such insurance shall be $500,000.00/$1,000,000.00. In addition to the Additional Named Insured Endorsement on Operator's policy of insurance, said insurance policy shall be endorsed to include the following language: "Such insurance as is afforded by the endorsement for the Additional Insured shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement." NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Lodi does hereby determine that the City Clerk of the City of Lodi shall be notified in writing 30 days prior to the cancellation of the heretofore referenced liability policy. Dated: January 16, 1985 -1- 85-11 C I hereby certify that Resolution No. 85-11 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 16, 1985 by the following vote: Ayes: Council Members - Ilinchman, Pinkerton, Reid, Olson, and Snider (Mayor) Noes: Council Members - None Absent: Council Members - None 40L 41. I MCHHE CITY CLERK -2- 85-11 k City Of Lodi 221 W. Pine St. Lodi, CA 95240 City Clerk, April 25, 1994 Re: Application for Taxicab My desire is to obtain a permit for a Taxicab. The vehicle I wish to use would be a 1988 Grand Mercury, a four passenger vehicle. I would purpose to stand this automobile at the corner of E. Pine Street and Stockton Street (Lodi Greyhound Station). The rate would be at what the basic meter rate. Pargat Singh Gill 1932 Anderson Dr. Lodi, CA 95240 '333 -' �I i C5.24.010 Chapter 5.24 5.24.230 Application hearing— Conduct. TAXICABS AND OTHER 5.24.240 Denial grounds. VEHICLES FOR HIRE 5.24.250 Insurance. 5.24.260 Revocation. Sections: 5.24.270 One per person. Article I. General Provisions 5.24.280 Transferability. 5.24.010 Definitions. 5.24.020 Compliance with Article V. Driver's Permit chapter. 5.24.290 Required. 5.24.300 Application. Article II. Operation 5.24.310 Issuance—Term. 5.24.030 Exclusive use by one 5.24.040 passenger. Safe and direct Article I. General Provisions transport. 5.24.050 Soliciting passengers. 5.24.010 Definitions. 5.24.060 Vehicle condition. For the purposes of this chapter, the 5.24.070 Driver qualifications. following words and phrases shall have 5.24.080 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 of which 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 regular or 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 III. 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 - 5.24.190 Discontinuance. ported for hire upon any public street in the city, and not over a regular or defined Article IV. Operator's Permit route, and irrespective of whether the 5.24.200 Required. operations extend beyond the boundary 5.24.210 Application contents. limits of the city or not, where charge for 5.24.220 .application hearing— such transportation is measured by the Notice. distance traveled or by the time required 91 Ik 5.24.010 for such transportation, or both, except- ing vehicles oftransportation companies. C. "Transportation companies" means charter-party carriers of pas- sengers. (Ord. 1333 § 1(4)(D), 1984; prior code § 24-1) 5.24.020 Compliance with chapter. The provisions of this chapter shall 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 of any of such provisions. (Prior code § 24-2) Article II. 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 or carry any passenger after such automobile for hire or taxicab shall have been engaged or while in use for another passenger, without the consent ofthe pas- senger first engaging the same having been first obtained. A passenger engaging such automobile shall have the exclusive right to full and free use of the passenger compartment, and the whole thereof, if he desires the same. (Prior code § 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. (Prior code § 24-4) 5.24.050 Soliciting passengers. No owner or operator of any auto- mobile for hire or taxicab shall solicit 92 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. (Prior code § 24-5) 5.24.060 Vehicle condition. All automobiles for hire and taxicabs shall be kept in good mechanical condi- tion. (Prior code § 24-6) 5.24.070 Driver qualifications. No taxicab or automobile for hire shall be operated by any person under the age of twenty-one years, or by any person who does not have a chauffeur'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, or by any person in violation of any valid law or ordinance. (Prior code § 24-7) 5.24.080 Unfair competition—Fraud. No owner or operator of any auto- mobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit any 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 of this section. Any complained of and 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 before a notary public f t C or other officer authorized to administer oaths. (Prior code § 24-8) 5.24.090 Fare schedule. Every taxicab shall have posted in the passenger's compartment a schedule of 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 less 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 C vehicle, except when the same is in motion, from one-half hour after sunset ofany day until one-half hour before sun- rise of the next day, and no shades or blinds shall be drawn over the windows of an 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. (Prior code § 24-11) 5.24.120 Vehicle cleanliness. No automobile for hire or taxicab shall be operated unless the passenger com- partment is kept clean and in a sanitary condition. (Prior code § 24-12) 93 C 5.24.080 5.24.130 Vehicles for hire not 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. (Prior code § 24-13) 5.24.140 Rate or service changes. In the event that any permit holder desires to 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 increase 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 the discretion of the 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. (Prior code § 24-14) 5.24.150 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 hav- ing hired the same, with the intent to defraud the person from whom it is hired. (Prior code § 24-15) Article III. Taxicab Stands 5.24.160 Use required. No automobile for hire or taxicab shall remain standing upon any portion of any public street within the city, except for loading and unloading passengers. and 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) 5.24.170 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 ofthe city council. (Prior code § 24-17) 5.24.180 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 C 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 consent or object td such discontinuance and shall grant or deny such application at the discretion of the city 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 complied with all of the provisions of this chapter. (Prior code § 24-20) 5.24.210 Application contents. 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 shal set forth: 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: c e C A statement as to whether the per- mit is desired for an automobile for hire ora xicab: VA 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; J?� 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 scheme, name, monogram or insignia which will be used on such automobile. (Prior code § 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 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 for a permit, the council may IN, C 5.24.210 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 § 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, is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred feet of anv other stand theretofore fixed bv_ the council on the same street: E. That the applicant has, at some C 5.24.240 priortime, had a permit for the operation right to use any distinctive color, mono - of an automobile for hire or taxicab gram or insignia, after thirty days' 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 of the following reasons: fully serve the public, and that the grant- A. 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 of the 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 nonpaym:nt for any such permit. (Prior code § 24-24) license fee provided by this code or other ordinance of the city; 5.24.250 Insurance. C. For the failure to observe any of the Before a permit is issued by the city rules and regulations or provisions of this clerk, the applicant to whom a permit has chapter; D. For the violation of any of the laws been awarded by the city council shall of the state or ordinances of the city by deliver to the city clerk a policy of insur- the permit holder, operator or driver of ance, executed by a company duly autho- an automobile for hire or taxicab; 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 of any provisions of which policy the company of the vehicles described in the permit or promises and undertakes to pay in full all for the failure to keep any car described claims for damages to persons or prop- in the permit in use for a reasonable erty resulting from the operation of the length of time, or for the failure to 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 public interest, convenience and neces- any other insurance requirements, shall sity for the permit to be continued. (Prior be as set and required from time to time code § 24-26) by resolution of the city council. (Ord. 1340 § 1, 1984: prior code § 24-25) 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, sions of this article may be revoked by the stockholder or officer of a corporation, or council, either as a whole or as to any cab under any fictitious name, or otherwise. described in such a permit, or as to the (Prior code § 24-27) 96 5.24.280 5.24.280 Transferability. 5.24.310 Issuance—Term. No permit issued under the terms of The chief of police shall issue a driver's this article shall be transferable, either by permit which shall continue in force and contract or operation of law, without the effect for a period of one year. provided permission of the council having been that the applicant possesses the following first obtained, and any such attempted qualifications: transfer shall be sufficient cause for A. The applicant shall be at least revocation thereof. (Prior code § 24-28) twenty-one years of age. B. The applicant shall not have been Article V. Driver's Permit convicted of any of the following offenses: 1. Driving a motor vehicle in a reck- 5.24.290 Required. less manner or under the influence of an Itis 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. (Prior porting narcotics; code § Z4-29) 4. Assault and battery; 5. Any crime involving moral tur- 5.24.300 Application. pitude: f An application for a driver's permit, in 6. Violation of any of the provisions writing, verified by the applicant, shall be of this chapter. (Prior code § 24-31) filed with the chief of police, setting forth the following: A. Name, address and description of the applicant; Chapter 5.28 B. Name of the applicant's employer or proposed employer; PRIVATE PATROL SYSTEMS C. A photograph of the applicant taken within sixty days immediately prior to the date of the filing of the Sections: application, which picture shall be two Article 1. Generally inches by two inches, showing the head 5.28.010 Definitions. and shoulders of the applicant in a clear 5.28.020 Uniforms. and distinguishing manner; 5.28.030 Badges and insignia— D. The fingerprints of the applicant; Use—Approval. E. A statement of whether or not the 5.28.040 Badges and insignia— applicant has been convicted of any fel- Sale. onv, misdemeanor or violation of any 5.28.050 Rank insignia. municipal ordinance, the nature of the 5.28.060 Complaints to state. offense and the punishment or penalty 5.28.070 Payment of license fees. assessed therefor. (Prior code § 24-30) 5.28.080 Notice service. ( 97 -,Y .6 •, CITY OF LODI NOTICE OF PUBLIC HEARING Carnegie Forum Date: January 3, 1996 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, January 3, 1996 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) to consider application received from Pargat Singh Gill, 1932 Anderson Drive, to operate a taxicab service within the City of Lodi All interested persons are 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, P.O. Box 3006, at or prior to the Public Hearing. By Order of the Lodi City Council: I rrin Clerk Dated: December 6, 1996 Approved as to form: .c. John Luebberke Deputy City Attorney JACITYURKTORMSWOTGEN.DOC 12/6!95 yOF� G�� a Wo iFoa Public Hearing - Pargat Singh Gill On December 7, 1995 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 "K; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 7, 1995, at Lodi, California. Jennifer M. Perrin City Clerk decmail/forms Mr. Pargat Singh Gill 1932 Anderson Drive Lodi, CA 95240 Yellow Cab 206 North Sutter Stockton, CA 95202