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O2371City Council Meeting 10 -11 -2011 Santa Monica, California ORDINANCE NUMBER 2371 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.49 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE REGARDING TAXICABS WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization, and hazards associated with the City's previous open -entry regulated taxicab environment; and WHEREAS, Sections 6.49.040 and 6.49.070 of the Santa Monica Municipal Code sets the annual taxicab vehicle permit and taxicab driver's permit expiration date at June 30th of each year; and WHEREAS, the implementation date for the taxicab franchise program was scheduled for January 1, 2011, but was delayed until March 1, 2011, through no fault of the taxicab franchisees; and WHEREAS, despite the implementation delay, all franchisees paid the full franchise and permit fees for the fiscal year, even though they were unable to operate pursuant to their franchises for part of the year; and WHEREAS, the City finds that for purposes of administrative efficiency and in fairness to the taxicab franchisees, since the taxicab franchisees did not cause the implementation delay and paid all franchise and permit fees for a full year, the City wishes to adjust the permit year from the fiscal year to the calendar year, and thereby extend the expiration date of vehicle and taxicab driver's permits from June 30th to December 31st; and WHEREAS, the City strives to establish a clear, fair, effective, and administratively efficient system for regulating taxicabs; THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY SECTION 1. Section 6.49.040 of Chapter 6.49 of Article VI.of the Santa Monica Municipal Code is hereby amended as follows: (a) The City may in its discretion award one or more, but no more than eight, nonexclusive franchises for the operation of taxicab services within the City. Upon issuance of one or more franchises, the City shall not accept new or renewal applications for an existing business license, decal or police permit to operate a taxicab service and it shall be unlawful for any person other than a taxicab franchisee and its employees or authorized agents to operate, engage in the business of operating, or cause to be operated any taxicab service within the City. (b) Franchises shall be awarded through a competitive process initiated through a request for proposals issued by the City. A franchise applicant shall propose to operate no less than twenty -five vehicles in the franchise fleet. Franchise proposals will be evaluated based upon criteria including, but not limited to, the following: the emissions 2 standards and fuel economy of taxicabs; the age and condition of taxicabs; provision of a centralized dispatch system; past experience, including demonstrated quality of service and safety; driver training and qualifications; financial stability; insurance; record of violations by the bidder or bidder's drivers of Federal, State or local law, and rules and regulations relating to taxicab operations, particularly safety operations; extra services available to the public, including discounts for seniors and those with disabilities; and benefits available to drivers and employees. Additionally, there shall be a local preference. Taxicab franchise proposals shall be examined and evaluated by a committee established by the City Manager, which shall make recommendations to the City Council. Upon the award of a franchise, the franchisee shall enter into a franchise agreement with the City. The franchise agreement may impose obligations on the franchisee that are additional to but not inconsistent with those imposed pursuant to this Chapter. Each franchisee, including its members, drivers, and authorized agents, shall comply with the franchise agreement. (c) The City may at any time initiate a competitive bidding process for the issuance of new franchises. Nothing shall prohibit a taxicab franchisee from competing for a new franchise; however, any taxicab franchisee whose franchise has been revoked shall thereafter be prohibited from competing for award of a franchise for a period of three years following the scheduled expiration of its franchise agreement. (d) The maximum number of taxicabs permitted to operate under the terms of all franchises granted by the City shall not exceed three hundred taxicabs, which number may be adjusted by City Council from time to time. 3 (e) After notice and a hearing, the City Council may at anytime reduce the total maximum number of taxicabs operating within the City, upon finding that the number of taxicabs is detrimental to the public health, safety, or welfare. If the City Council reduces the number of permitted taxicabs, the reduction shall be reasonably allocated amongst existing franchisees. (f) The City Council may schedule a public hearing to determine, by resolution, whether the public convenience and necessity require the operation of additional taxicabs in the City. Any such resolution shall specify the number of additional taxicabs permitted. Any determination that the public convenience and necessity require the operation of additional taxicabs in the City shall include, but are not limited to, findings that: (1) The additional taxicabs will not substantially impair the ability of existing franchisees, under efficient management, to earn a fair and reasonable return on their capital investments in their franchises; (2) Existing franchisees, under normal conditions, are not fulfilling the need for taxicab services in the City; and (3) The additional taxicabs, together with the taxicabs then currently operating in the City, will not unduly congest, overburden, or interfere with any traffic circulation, public street access, public or private parking, or stands, or otherwise create any danger or hazard to the public health, safety, or welfare. (g) No franchisee shall operate a taxicab within the City unless the City has issued and the franchisee possesses a current taxicab vehicle permit for that specific vehicle. 12 (h) No taxicab franchisee shall permit any driver in its employ to operate, and no driver shall operate, a taxicab in the City into which passengers are accepted for transportation without having first obtained a valid driver's permit from the City and paid to the City the required taxicab driver's permit fee. (i) Fees. (1) Annual Franchise Fee. Each taxicab franchisee shall pay to the City an annual fee, established by resolution of the City Council, for the privilege of operating a taxicab service in the City. Such payment shall be in addition to any other prescribed fees, including but not limited to, business license and permit fees. The franchise fee shall be due, without set off or deduction, upon execution of the franchise agreement and payable on each anniversary date thereafter, unless otherwise specified in the franchise agreement. Failure to pay the full franchise fee when due shall be cause for revocation of the franchise. (2) Annual Taxicab Vehicle Permit Fee. Each taxicab franchisee shall be required annually to obtain a taxicab vehicle permit and to pay to the City an annual taxicab vehicle permit fee, established by resolution of the City Council, for each taxicab operating under its franchise. Any taxicab vehicle permit issued pursuant to a franchise prior to December 31, 2011, shall expire on December 31, 2011, unless revoked or suspended prior to that date pursuant to this Chapter. Taxicab vehicle permits issued after December 31, 2011, shall expire at midnight on the December 31st next succeeding its issuance, unless revoked or suspended prior to that date pursuant to this Chapter. SECTION 2. Section 6.49.050 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: (a) Suspension. The City may, after due notice and an opportunity to be heard, suspend a taxicab franchisee's operations for one or more days if, in the judgment of the City, a lapse in required insurance or any other violation of the terms and conditions of the franchise agreement or the provisions of this Chapter; or a violation of any rules and regulations established by the Police Department, orders or directives established by the City, or the California Vehicle Code, creates an immediate safety hazard. Cause for suspension also exists where the holder of a majority interest in the taxicab franchise or the taxicab franchisee illegally conducts any type of vehicle for hire or public transportation operation licensed by the City or any other governmental agency. (b) Revocation. The City may, after due notice and an opportunity to be heard, revoke a franchise and terminate the franchise agreement in the event that the franchisee: violates any terms and conditions of the franchise agreement; fails to cure any default within the time required as provided in the franchise agreement; violates any provision of this Chapter or other applicable law or violates any rules, regulations, orders or filings of any regulatory body having jurisdiction over the franchisee relative to its operations under the franchise agreement; or practices, or attempts to practice, any fraud or deceit upon the City. The franchisee may respond in writing to a notice of intent to terminate from the City Manager. The matter will then be referred to a Hearing Examiner for consideration pursuant to this Section. The matter will be set for a hearing and the City shall give the franchisee at least thirty days' written notice of the time and place of the hearing. At the E hearing, the Hearing Examiner shall consider all relevant evidence and testimony and if the Hearing Examiner determines that the franchisee is in breach of the agreement as above described, the Hearing Examiner may, in his or her discretion, order the franchisee to take remedial actions to cure the breach or impose any other remedy in accordance with the franchise agreement, including but not limited to suspension for a designated period of time; temporary or permanent reduction of taxicab vehicle permits; or revocation of the franchise and termination of the franchise agreement. The decision or order of the Hearing Examiner shall be final and binding and subject only to judicial review. (c) Effect of Suspension or Revocation. Upon suspension or revocation of a franchise, all the franchisee's taxicab operations in the City shall cease until such time as the suspension or revocation is lifted. (1) No fee refunds shall be issued to any franchisee upon revocation of a franchise. (2) Upon revocation of any taxicab franchise, no franchise to operate the same business activity shall be granted to the franchisee within the remainder of the term or extension term of the franchise agreement and for a period of three years thereafter. (3) In the event of revocation of a franchise, the franchisee's taxicab vehicle permits may in the City's discretion be reallocated to other franchisees on a pro rata basis or assigned to a new taxicab franchisee following a competitive bidding process for the award of new franchises. SECTION 3. Section 6.49.060 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: III (a) No person shall knowingly dispatch a vehicle or respond to a request for a "taxi," "cab" or "taxicab" for pick -up within the City, or pick -up passengers within the City for taxicab services, unless the vehicle has a valid taxicab vehicle permit, the driver of such vehicle has a valid taxicab driver's permit, and the taxicab is operated pursuant to a franchise awarded by the City. (b) No person who drives or operates a taxicab in the City shall publish, advertise or broadcast in any manner, written or oral, a telephone number either by itself or connected to a rotary or call forwarding system for taxicab service, which is the same telephone number as that for other taxicabs or vehicles for hire. (c) No person who drives or operates a taxicab in the City shall use a name that imitates a name used by another person who drives or operates a taxicab in such a manner as to be misleading or tend to confuse or defraud the public. (d) No person shall advertise or otherwise hold itself out as providing taxicab services within the City, unless such person is operating pursuant to a taxicab franchise awarded by the City. SECTION 4. Section 6.49.070 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: (a) Application. In order to obtain a taxicab driver's permit, each person shall file with the City, upon forms supplied by the City, a completed verified application including the following information and documentation: (1) Name, address, and age of applicant; (2) Convictions, if any, in any court of law; E (3) Name, address and certification of the taxicab franchisee by whom the applicant is to be employed as a taxicab driver in the City; (4) Proof of a valid California Driver's License; (5) A signed agreement to submit to a background investigation and fingerprinting via live -scan capture by the Police Department; (6) Original test results from a certified laboratory or testing agency, submitted simultaneously with the applicant's verified application, proving that the applicant has tested negative for drugs and alcohol as provided by Section 53075.5(b)(3) of the California Government Code; and (7) Such further information as the City may require. (b) Taxicab Driver's Permit Applicant Investigation. The Police Department shall investigate each applicant for a taxicab driver's permit and shall approve the application or state its reason for disapproval. The Police Department may disapprove any applicant who has a record of criminal conduct or other behavior involving any of the following: (1) Moral turpitude; (2) Violence toward persons or property; (3) Physical or mental disease which could make the applicant a danger to the safety of others; (4) Illegal sexual conduct involving another nonconsenting person; (5) Negligent or reckless driving; (6) Operating a motor vehicle while under the influence of alcohol or drugs; 0 (7) Three or more moving violations under the California Vehicle Code within the twelve month period preceding the date of the application; (8) Existing suspension or revocation of a taxicab driver's permit in any other jurisdiction as of the date of the application; (9) Conviction of operating a taxicab without a valid taxicab driver's permit or taxicab vehicle license within the three year period preceding the date of the application; or (10) Acts showing the applicant to be otherwise incompetent or not fit to drive a taxicab. (c) Examination. Every applicant for a taxicab driver's permit shall take an examination, prepared and administered by the City, which tests the applicant's qualifications to operate a taxicab. The examination shall test the applicant's: ability to communicate in English; knowledge of and ability to locate, with the aid of a street atlas, street addresses and intersections in Santa Monica and surrounding cities in the County of Los Angeles; and knowledge of the laws of the road. Failure to obtain a passing score on the examination shall be cause for disapproval of an application. (d) Taxicab Driver's Permit Issuance. Based on the application, investigation and examination, the Police Department shall approve or deny the taxicab driver's permit. No permit shall be issued if the applicant is under the age of eighteen years, if any false statement appears in the application, or, if the application is otherwise incomplete. Upon approval of an application and receipt by the City of the taxicab driver's permit fee, the City shall issue a taxicab driver's permit to the applicant. The taxicab driver's permit fee shall be established by resolution of the City Council. The permit shall bear the name and 10 photograph of the applicant, date of expiration of the permit, and name of the taxicab franchisee for which the driver is authorized to drive a taxicab. (e) Taxicab Driver's Permit Expiration and Renewal. Any taxicab driver's permit issued pursuant to a franchise prior to December 31, 2011, shall expire on December 31, 2011, unless revoked, suspended or terminated prior to that date. Taxicab driver's permits issued after December 31, 2011, shall expire at midnight on the December 31 st next succeeding its issuance, unless revoked, suspended or terminated prior to that date. Ataxicab driver's permit which has not been revoked, suspended, or terminated may be renewed annually by paying the annual taxicab driver's permit fee and by filing with the City a verification that the driver is in compliance with the provisions of this Section and test results from a certified laboratory or testing agency proving that the driver has tested negative for drugs and alcohol as provided by Section 53075.5(b)(3) of the California Government Code. (f) Effect of Termination of Employment. The taxicab driver's permit shall become void upon termination of employment, at which time the taxicab franchisee- employer shall immediately give the City written notice of the termination and the terminated driver shall immediately return his or her taxicab driver's permit to the City. (g) Prohibition on Transfers. Taxicab driver's permits are personal in nature and shall not be transferred. Any purported transfer shall be null and void. (h) Grounds for Suspension and Revocation. Any taxicab driver's permit and any taxicab vehicle permit may be suspended or revoked, after due notice and an opportunity to be heard, for any of the following reasons: 11 (1) Arrest or citation for the commission of any crime while driving a taxicab or any crime involving moral turpitude; (2) Violation of any applicable rule or regulation, or Federal, State or local law relating to the operation of taxicabs by a driver, or by an employer in the case of a taxicab vehicle permit; (3) Use of the taxicab driver's permit for a purpose different from that forwhich it was issued; (4) Suspension or revocation of the driver or franchisee's taxicab driver's permit or taxicab vehicle permit in another jurisdiction; and (5) The existence of any facts, including conviction of a crime that is substantially related to the qualifications, functions or duties of a taxicab driver, which would have been good cause to deny such taxicab driver's permit application, regardless of when such facts arose. SECTION 5. Section 6.49.080 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: (a) No person shall operate any taxicab without a distinctive and uniform color scheme or identification which designates the taxicab franchisee under which said vehicle is operated, and which has been approved by the City. (b) No color scheme, insignia, name, monogram, logo, or identification shall conflict with or imitate any color scheme, insignia, name, monogram, logo, or identification used by another taxicab franchisee in such a manner as to be misleading or to tend to confuse or defraud the public. 12 (c) Each taxicab operated pursuant to a franchise shall be identified as a City of Santa Monica authorized taxicab by a taxicab identification decal issued by the City. No person shall identify any vehicle by means of such taxicab identification decal, or any facsimile thereof, unless authorized to do so by the City. (d) Every taxicab franchisee and taxicab driver shall comply with the following operating requirements at all times: (1) Maintain and keep an accurate and legible record of all passengers carried, including the pickup and drop off points, the date and time carried, the starting and ending mileage of the taxicab for each trip, the charges authorized and made for each trip, and any other information as may be required by the City. Such record shall be retained for at least three years at the business office of the taxicab franchisee and shall be available for inspection by the City at all reasonable times. Failure to comply with any reasonable request by the City for inspection of such record shall be cause for revocation of the franchise; (2) Display inside the taxicab and in full view of passengers, a valid taxicab driver's permit bearing the name and photograph of the taxicab driver and identifying the name of the taxicab franchisee under which such taxicab is operated; (3) Maintain in each taxicab a working two -way communication system with a dispatcher; (4) Obtain an annual vehicle inspection of each taxicab by a certified mechanic or automotive repair dealer authorized by the City. Inspection records must be maintained in the business office of the franchisee and shall be available for inspection by the City at all reasonable times; and 13 (5) Permit any Police Officer of the City or other authorized enforcement officer enforcing this Chapter to inspect any taxicab upon request. (e) No person shall drive or operate a taxicab in the City into which passengers are accepted unless the person is an owner or member of, employed by, or is an authorized agent of a taxicab franchisee. (f) Taxicabs may be driven pursuant to a contract, agreement, or understanding between the franchisee and the driver. Such contract, agreement, or understanding shall not relieve the franchisee from full and complete compliance with the applicable provisions of the Code, rules and regulations adopted pursuant to this Chapter, and the franchise agreement. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 14 SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption: APPROVED AS TO FORM: mli'l-v ® MAR HA JO S MOUT IE City Attorney 15 Approved and adopted this 11th day of October, 2011. Richard Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2371 (CCS) had its introduction on September 27, 2011, and was adopted at the Santa Monica City Council meeting held on October 11, 2011, by the following vote: Ayes: Council members: Holbrook, O'Connor, O'Day, McKeown, Shriver Mayor Pro.Tem Davis, Mayor Bloom Noes: Council members: None Absent: Council members: None A summary of Ordinance No. 2371 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: ps --C6a(xi - 4(11� Denise Anderson - Warren, Acting City Clerk