sr-121311-3c10r
City of City Council Report
Santa Monies
City Council Meeting: Date
Agenda Item: 33 =C
To: Mayor and City Council
From: Gigi Decavalles, Acting Director of Finance
Subject: Resolution to Update the Administrative Citation Schedule of Fines and
Resolution to Revise the Taxicab Rules and Regulations Penalty Structure
and Schedule of Fines and Penalties
Recommended Action
Staff recommends that the City Council:
1. Adopt a Resolution to update the Administrative Citation Schedule of Fines for
violations of Santa Monica Municipal Code Chapters 6.48- Vehicles for Hire and
6.49- Taxicabs; and
2. Adopt a Resolution to revise the Santa Monica Taxicab Rules and Regulations
Schedule of Fines and Penalties
Executive Summary
The City's Administrative Citation program provides an alternative to criminal
prosecution. Staff seeks Council authorization to make the changes necessary to
relevant sections of the SMMC, to add fines related to the new sections of the SMMC
which created the franchise system, delete references to fines that are no longer
relevant, and to increase the fine for charging rates not approved by Council.
The Taxicab Rules are established by the Santa Monica Police Department and set out
specific rules related to the administration of the taxicab franchise program and
standards of conduct for both drivers and franchisees. The Taxicab Rules schedule of
fines provides monetary penalties for violation of these rules by a driver or franchisee.
Staff is recommending that the schedule of fines be revised to create consistency with
the fine amount for similar violations, make it easier to determine the applicable fine,
and make the amount of the fines more commensurate with the nature of the violation.
Background
As required by Santa Monica Municipal Code ( "SMMC" or "Code ") Section 1.09.040, the
administrative citation schedule that outlines fines for specific categories of Code
violations is established by City Council Resolution. The current fine schedule was
adopted by Council in December 2010. Under the current schedule, fines range from
$75 to $1,000, depending on the seriousness of the violation.
On July 28, 2009, Council adopted an ordinance establishing the taxicab franchise
system, which amended Chapter 6.48 and added Chapter 6.49 to the Code. It is
necessary to revise the Administrative Citation Schedule of Fines in order to reflect the
amendments and additions to the SMMC with respect to vehicles for hire and taxicabs.
On November 9, 2010, Council adopted Resolution No. 10543 (CCS) setting forth the
administrative citation schedule of fines and penalties for violations of the Taxicab
Rules. Through additional experience with the program, staff discovered the need to
simplify the penalty structure and to apply penalties based on the enforcement priorities
of the City. Staff recommends revising the schedule of fines and penalties in order to
enhance enforcement efforts and to better meet the City's commitments to the public.
Discussion
Administrative Citations
The City's Administrative Citation program authorizes certain City enforcement officers
to issue administrative citations with specific fines, as an alternative to criminal
prosecution, for violations of the SMMC and certain State laws adopted by the Code.
Staff has generally found the administrative citation process to be an effective method
to obtain compliance. Staff seeks Council authorization to make the changes necessary
to relevant sections of the SMMC, to add fines related to the new sections of the SMMC
which created the franchise system, delete references to fines that are no longer
relevant, and to increase the fine for violation of Section 6.49.110 (formerly Section
6.48.100).
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Section 6.49.110 requires taxicab companies to utilize taximeters and apply the rates
established by City Council resolution. Prior to the franchise system, taxicab companies
could set their own taximeter rates. The established fine of $250 is not reflective of the
requirement to charge only those rates established by City Council. For example, prior
to the implementation of the taxicab franchise system, a taxicab driver was required
only to post his or her established taximeter and flat rates. The driver had full discretion
to charge any rate he or she set. If a driver charged a rate different than the posted
rate, he or she was violating his or her own established rates, not rates established by
public policy.
Increasing this fine from $250 to $1,000 would make it more consistent with other
violations that involve serious misconduct by taxicab companies and drivers and will
help to encourage compliance with this section of the Code. Taximeter rates have been
established by Resolution in order to create consistency and predictability in the rates
paid by a passenger, regardless of the taxicab company hired.
The revised Administrative Citation Schedule of Fines has been updated for Code
violations applicable to the Taxicab Franchise Ordinance and is listed on pages eight
and nine of Attachment A of this staff report. For references purposes, a summary of
the changes to the Administrative Citation Schedule of Fines, with cross references, is
provided in Attachment B of this staff report.
Taxicab Rule Violation Citations
The Taxicab Rules are established by the Santa Monica Police Department, pursuant to
SMMC 6.49.020, and set out specific rules related to the administration of the taxicab
franchise program and standards of conduct for both drivers and franchisees. The
Rules include a schedule of fines with monetary penalties for violation of these Rules by
a driver or franchisee. Staff is recommending that the schedule of fines be revised to
create consistency with the fine amount for similar violations, make it easier to
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determine the applicable fine, and make the amount of the fines more commensurate
with the nature of the violation
Adoption of the resolution revising the Taxicab Rules schedule of fines and penalties,
provided in Attachment C of this staff report, would create consistency with the fine
amount for similar violations, make it easier to determine the applicable fine, and make
the amount of the fines more commensurate with the nature of the violation.
For example, the current fine for bribing an agent or employee of the City with the intent
to have the agent or employee of the City to not perform his or her duties relating to the
regulation of taxicabs is currently set at $1000. The new Schedule of Fines categorizes
this as a "Schedule D- Conduct" violation with a penalty of $5,000 to $10,000 or
Revocation. The proposed schedule of fines and penalties would also replace the
formula based fine schedule, providing a straight forward dollar amount or. dollar range
for a violation, giving the drivers and the franchisees an easy mechanism for
understanding the consequences of violation.
The revised Taxicab Rules Schedule of Fines for Violations of Taxicab Rules and
Regulations is provided on pages three and four of Attachment C of this staff report.
The penalty schedule assigned to a specific Rule is provided on page five of Attachment
C of this staff report.
Financial Impacts & Budget Actions
There is no immediate budget/financial impact to the policy decision.
Prepared by: Salvador M. Valles, Taxicab Franchise Program Coordinator
Appro ed: Forwarded to Council:
Gigi Decava es Rod Gould
Acting Director of Finance City Manager
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Attachments:
A. Resolution — Administrative Citation Schedule of Fines Update
B. Summary of Changes to Administrative Citation Schedule of Fines
C. Resolution — Taxicab Rules and Regulations Penalty Structure and Schedule of
Fines and Penalties
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Attachment B— Summary of Changes to the Administrative Citation Fine Schedule
Code
Section `'
Violation Description(s)
Current
Fine ':
.
Proposed
Fine'
Cross
Reference
SMMC
6.48.020
Tn"^^"g Vph'n'n^'nr Warn N n n«nr
S$500
n/a
n/a
vehicles
SMMC
6.48.030
T,- aAeabs Vehicle for Hire - Business
license required
$500
$500
n/a
SMMC
6.48.031
TaxiGa `s Regi.tFatiAR AfTaxieab Rate.
_�5gg
n/a
n/a
Required
SMMC
6.48.040
Taxcabs — osn., o,.r.. it Req iFed
Vehicle for Hire— Compulsory Insurance
Coverage
$1,000
$1,000
6.48.060
SMMC
6.48.050
Taxicabs Rules aAd Reg latiens
Vehicle for Hire — Driving of Vehicles
$250
$250
6.48.070
SMMC
6.48.060
Taxicabs Cornp lsoFy insuFaAGe
GaveFage
Vehicle for Hire - Direct Route
$500
$500
6.48.120
SMMC
6.48.065
Vehicle for Hire - Compensation for
Access to Passengers
n/a
$500
n/a
SMMC
6.48.070
Ta""'" Driving �ofVeh'n'n^
$236
n/a
n/a
SMMC
6.48.080
Taxi Gabs °nrl''Ag Af Vnh'dng
$2w
n/a
6.49.090
SMMC
6.48.090
T xieab Signs
$_S00
n/a
6.49.100
SMMC
6.48.100
Taxicabs
$25B
n/a
6.49.110
SMMC
6.48.110
Taxisa" R-11 I °^ofTaxicab
$500
n/a
6.49.120
SMMC
6.48.120
Ta✓nnhg Direct Route
$500
n/a
6.48.060
SMMC
6.48.130
Tnv"nnhr rn Decals Req iFed
n/a
6.49.130
SMMC
6.49.020
Taxicabs -Rules and Regulations
$250
$250
6.48.050
Code
Section
Violation Description(s)
Current
Proposed
Cross
Fine `
Fine
Reference
SMMC
6.49.040 (b)
Taxicabs - Taxicabs Franchise Required
n/a
$1,000
n/a
Each franchisee including its members
drivers and authorized agents shall
comply with the franchise agreement.
SMMC
6.49.040 (i)(1)
Taxicabs - Fees - Annual Franchise Fees
n/a
$1,000
n/a
SMMC
6.49.040 (i)(2)
Taxicabs - Fees - Annual Taxicab Vehicle
n/a
$500
n/a
Permit Fees
SMMC
6.49.040(g)
Taxicab - Taxicab Vehicle Permit Required
n/a
$500
n/a
SMMC
6.49.040(h)
Taxicab - Taxicab Driver's Permit
n/a
$500
n/a
Required
SMMC
6.49.050(c)
Taxicab - Effect of Suspension or
n/a
$1,000
n/a
Revocation
SMMC
6.49.060
Taxicabs - Unauthorized Taxicab Services
n/a
$1,000
n/a
Prohibited
SMMC
6.49.080
Taxicabs - Taxicabs Identification and
n/a
$500
n/a
Vehicle Operating Requirements
SMMC
6.49.090
Taxicabs- Parking of Vehicles; Stands
$250
$250
6.48.080
SMMC
6.49.095
Vehicle for Hire — Access to Passengers
n/a
$500
n/a
on Business Premises
SMMC
6.49.100
Taxicabs - Taxicab Signs
n/a
$500
6.48.090
SMMC
6.49.110
Taxicabs - Taximeters and Rates
$250
$1,000
6.48.100
SMMC
6.49.120
Taxicabs -Full Use of Taxicab
$500
$500
6.48.110
SMMC
6.49.130
Taxicabs - Taxicab Identification Decal
$500
$500
6.48.130
Required
Reference Resolution Nos.
10640 (CCS) and 10641
(CCS).