sr-012412-3kCity of City Council Report
Santa Monica
City Council Meeting: January 24, 2012
Agenda Item:
To: Mayor and City Council .
From: Gigi Decavalles, Acting Director or Finance
Subject: Resolution to Correct the Penalty Schedule Reference in the Taxicab
Rules and Regulations Penalty Structure and Schedule of Fines and
Penalties for Rule 204
Recommended Action
Staff recommends that the City Council adopt the attached resolution to correct the
reference in the Penalty Schedule for Taxicab Rule 204.
Executive Summary
The resolution approved by the City Council on December 13, 2011, revising the
Taxicab Rules and Regulations Penalty Structure and Schedule of Fines and Penalties
contained a discrepancy with the version that was posted on the City's website and
noticed to the public at public locations. The subsequent version of the resolution
adopted by City Council contained the wrong penalty schedule for Rule 204, which
prohibits a franchisee from bribing an agent or employee of the City. Staff is
recommending that City Council adopt the attached version of the resolution, which is
the same as the one that was posted on the City's website and in public locations.
Discussion
On December 13, 2011 City Council adopted Resolution 10641 (CCS) revising the
Taxicab Rules and Regulations Penalty Structure and Schedule of Fines and Penalties.
The resolution approved by the City Council had one material discrepancy with the
version that was posted on the City's website and noticed to the public.
The material discrepancy identified by staff is related to the penalty schedule assigned
to Rule 204. The reference to the penalty schedule in the version posted and noticed to
the public was "Schedule D — Conduct ". This is the schedule that was intended. Rule
204 prohibits a franchisee from 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
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regulation of taxicabs. This conduct was noted in the staff report presented to Council
on December 13, 2011 as an example of a fine that was not commensurate with the
misconduct. The fine for violation of Rule 204 was $1,000 under the old taxicab rules
penalty schedule. In the version that was posted and noticed to the public, the penalty
schedule was to be "Schedule D — Conduct", which increased the penalty to $5000 to
$10,000 or Revocation.
The reference to the penalty schedule in the version adopted by City Council is
"Schedule B — Conduct", which carries the lesser penalty of $500 to $750.
The revised Taxicab Rules Schedule of Fines for Violations of Taxicab Rules and
Regulations is provided on pages 3 and 4 of Attachment A of this staff report. The
penalty schedule assigned to a specific Rule, including Rule 204, is provided on page 5
of Attachment A 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
Approved:
i
I i
Gi i Decavalle
Acting Director of Finance
Attachments:
Forwarded to Council:
Rod Gould
City Manager
A. Resolution — Taxicab Rules and Regulations Penalty Structure and Schedule of
Fines and Penalties
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Reference Resolution No.
10653 (CCS).