Loading...
SR 11-14-2017 7A City Council Report City Council Meeting: November 14, 2017 Agenda Item: 7.A 1 of 9 To: Mayor and City Council From: David Martin, Director, Transportation Planning Subject: Introduction for First Reading of Ordinances Extending the Taxicab Franchises of Bell Cab, Independent Taxi Owners’ Association, Metro Cab, Taxi! Taxi! and Yellow Cab for one year; Extending City Taxi Cab Driver permit expiration dates to December 31, 2018; and adopting a resolution setting reduced taxicab driver permit fees Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinances 1) extending the franchises of Bell Cab, Independent Taxi Owners’ Association, Metro Cab, Taxi! Taxi!, and Yellow Cab for one year; 2) extending City Taxi Cab Driver permit expiration dates to December 31, 2018; and 3) adopting a resolution setting reduced taxicab driver permit fees. Executive Summary The City’s taxicab franchise system, established in March 2011 and renewed from time to time, is currently set to expire on December 31, 2017. The taxi industry has been in decline in recent years concurrent with the rise of Transportation Network Companies (TNCs) such as Uber and Lyft across the country. California State Assembly Members have been proposing revised taxicab regulations during recent sessions in response to these challenges. The most recent iteration, AB 1069, was signed by the Governor on October 13, 2017. While some AB 1069 regulations will take effect on January 1, 2018, the most impactful changes will not take effect until January 1, 2019. Most notably, by January 1, 2019, taxicab permitting will move from the current patchwork of various local requirements to a countywide system that only requires taxicab drivers and companies to obtain a permit in the jurisdictions that they are “substantially located.” A number of implementation questions remain to be resolved with the new regulations, including the interpretation of the “substantially located” requirement and which agencies will assume the role of countywide taxicab regulation. Staff will work with 2 of 9 surrounding jurisdictions and agencies and provide Council with an update on AB 1069 implementation by July 2018. In the meantime, staff is recommending 1) a one-year extension of the original five-year franchise, which expires on December 31, 2017; and 2) extension of all existing City Taxi Cab Driver Permits until the end of 2018. The extensions, through December 31, 2018, will coincide with the implementation of AB1069. Since approval of AB1069 was unknown at the time of the staff report preparation, staff went through the process of seeking input from the taxicab companies regarding the franchise regulations. Staff received requests from all five taxicab companies to reduce the annual vehicle franchise fee and eliminate the per vehicle business license fee as well as other changes. Given the pending change to the whole regulatory system, Staff recommends the continuation of all regulations for the remaining one-year franchise period but requests a reduction in taxicab driver’s permit application and renewal fees. Background On July 28, 2009, the City Council established the taxicab franchise to regulate taxicab transportation services operated within the City, including practices for licensing the taxicab businesses, rates, and mandatory controlled substance and alcohol testing. On October 12, 2010, the Council granted franchises to five taxicab companies. The original franchise was granted for five years through December 31, 2015. On November 24, 2015, Council modified and extended the existing franchise agreements for two years to December 31, 2017 for all five taxicab companies, and maintained the number of authorized vehicles at 300. Council granted taxicab companies the ability to “park” a taxicab, which allows the taxicab company to remove the vehicle from its insurance plan, saving the company money during slower periods. On October 10, 2016, Taxi! Taxi! submitted a request to reduce the number of taxicab vehicles authorized to operate. Section 5(f) of the taxicab franchise agreement allows a franchisee to request a reduction in the size of their fleet if the “public convenience and necessity no longer requires Grantee to furnish taxicab services with the number of vehicles authorized under this franchise”. On October 31, 2016, the four remaining 3 of 9 taxicab companies, Bell Cab, ITOA, Metro Cab, and Yellow Cab (i.e., the “Taxicab Coalition”) submitted requests to reduce the number of vehicles. At its December 6, 2016 meeting, the Council approved the taxicab companies’ request and reduced the number of authorized vehicles from 300 to 199. Discussion The taxicab industry has been in a steady decline since the arrival of TNCs, including Uber and Lyft, in 2012. From 2013 through 2016, taxicab trips in Santa Monica have declined 68% and the gross revenue of the franchises has declined 54%. It is estimated by the end of 2017 gross revenue will decline by 64% and total trips by 79% since 2013. The following chart shows the decline in gross revenue and trips for each year compared to 2013: YEAR GROSS REVENUE DOWN SINCE 2013 YEAR TRIPS DOWN SINCE 2013 2013 $14,875,472 2013 750,555 2014 $11,355,224 24% 2014 571,037 24% 2015 $7,897,532 47% 2015 352,614 54% 2016 $6,858,816 54% 2016 238,648 68% 2017* $5,309,870* 64% 2017* 159,130 79% A total of 199 vehicles have been authorized by Council, and currently 128 vehicles are dedicated (providing taxicab services only in Santa Monica), of those 9 are ‘parked’ and removed from service, and 41 provide Access Services. When taxicab vehicles provide trips through the County’s Access program, they are not available to respond to calls in the Santa Monica area. In August 2017, 108 (54%) of the 199 authorized vehicles provided trips in Santa Monica. STATUS OF AUTHORIZED VEHICLES Company Authorized Vehicles Dedicated Vehicles Parked Vehicles Access Vehicles Vehicles Providing Service In August Bell Cab 43 3 2 0 25 4 of 9 ITOA 30 18 0 0 18 Metro Cab 43 43 7 21 10 Taxi Taxi 40 40 0 0 39 Yellow Cab 43 24 0 20 16 TOTAL 199 128 9 41 108 Since 2015, the number of calls for service responded to within 15 minutes for each taxicab company has not changed significantly even with the reduction of authorized vehicles and vehicles removed from service by “parking”. Taxicab franchises with licenses in surrounding cities (Bell, ITOA, and Yellow) continue to have lower response times than Metro Cab and Taxi! Taxi!. The following chart provides a comparison between 2015, 2016, and 2017 year to date through August. AVERAGE PERCENT OF CALLS REPONDED TO WITHIN 15 MINUTES JANUARY – AUGUST 2015, 2016 AND 2017 Company 2015 2016 2017 Bell Cab 89% 87% 87% ITOA 90% 87% 85% Metro Cab 94% 91% 90% Taxi! Taxi! 93% 94% 94% Yellow Cab 83% 80% 74% Taxi Regulation The taxicab industry has been hit hard by the emergence of TNCs (Uber and Lyft) as an alternative in the vehicle for hire transportation market. For the past two years, California Assembly Member Low has introduced bills to attempt to level the playing field between taxicabs and TNCs. In 2015, Low introduced Assembly Bill 650 which attempted to modernize the regulation of taxicab transportation services in order for 5 of 9 taxicabs to better compete with all for-hire modes of transportation. Governor Brown vetoed this bill in September 2016. In February of this year, Low introduced Assembly Bill 1069 to again modernize the regulation of taxicab transportation services and it was signed by Governor Brown in October. AB 1069 is effective January 1, 2018, though the bulk of its impactful changes will not become effective until January 1, 2019. Senate Floor analysis of AB 1069 is provided. (Attachment A) Beginning January 1, 2018, taxicab companies and taxicab drivers are required to collect and report trip data for 12 months in order to determine where taxicab companies and taxicab drivers are substantially located. Beginning January 1, 2019, AB 1069 removes the existing broad and relatively unrestricted taxicab permitting authorities from local jurisdiction. It further requires all local jurisdictions to permit and regulate taxicab drivers and companies that are “substantially located” within their jurisdiction. Substantially located is defined as the jurisdiction “where the primary business address of the company or driver is located” or “in which trips originating in that jurisdiction account for the largest share of that company or driver’s total number of trips within [the] county over the past year.” AB1069 further grants permitting authority to certain joint powers authorities and transit agencies. These grants of authorities will need further review by staff. Even after 2019, AB 1069 still allows local jurisdictions to adopt operating requirements unrelated to permitting or business licensing for taxicab companies and drivers, regardless of whether such companies and drivers are substantially located within their jurisdictions. Such authorized operating requirements include limits on the use of taxi stands or street hails. Approval of AB1069 was not anticipated given local agency opposition. Staff has begun to look at what the bill means for Santa Monica’s franchise based on current trip making patterns. Preliminarily, it appears that Metro Cab and Taxi! Taxi! would be considered 6 of 9 substantially located within Santa Monica. Other taxicab companies, given their regional reach, may not be substantially located in Santa Monica. Staff will continue to analyze the bill, meet with other jurisdictions over the next several months to determine how this bill will be implemented and its affect on our City’s taxicab service. Staff will provide an update to Council on AB 1069 by July 2018 and return to Council with any necessary changes to the taxicab franchise by November 2018. Taxicab Franchisees – Requests Since approval of AB1069 was unknown at the time of the staff report preparation, staff solicited input from the five taxicab companies as part of developing the franchise extension recommendations. The existing franchisees provided two letters, one individual letter from TMAT Corp. (dba Taxi! Taxi!) and one joint letter from Bell Cab Company, Inc., Independent Taxi Owners’ Association, All Yellow Taxi (dba Metro Cab), and LA Taxi Cooperative (dba Yellow Cab Company) (Attachment B). Below is a summary of the primary requests and responses. Given the impending substantial change to taxicab regulation, staff is recommending continuation of current regulations and practices until the new regulations take effect.  Taxi! Taxi! requests to increase number of authorized vehicles to 63 o Data does not support increasing the number of Taxi! Taxi! authorized vehicles as trips are continuing to decline.  Cancel Weights and Measures Certificate o The County of Los Angeles Department of Agricultural Commissioner/Weights and Measures Bureau is responsible for the regulation of taximeters. We require that taxicab vehicles have meters and that the meter be inspected.  Reduce the annual franchise fee per vehicle and cancel the business license fee; o Staff recommends maintaining the current regulations and only change the taxicab driver’s permit application fee in addition to the permit 7 of 9 renewal fee for the remaining year of the current franchise, until the impact of the new State legislation is fully evaluated. The cost of the taxicab driver’s permit (new or renewal) would be reduced from $112.86 to $48 for 2018.  Cancel printed waybills and use the digital record o In November 2015, the Taxicab Rules and Regulations were updated. Each franchisee shall maintain waybills and make them available for inspection for up to 1 year from the date of the trip.  No monthly reports, only on demand o Staff recommends that the franchises continue to submit monthly reports. Timely monthly reports allow staff to analyze data, report findings, make recommendations and ensure administrative efficiency. Driver Permits In November 2015, Council approved a two-year pro-rated taxicab driver permit as requested by the taxicab companies. Pro-rating the driver permit fees enables drivers to pay for only the proportion of months remaining in the year at the time of application. All two year permits expire at the end of the current franchise period on December 2017. Consistent with the proposed one-year Franchise extensions, Staff recommends extending the driver permit expiration date to the end of 2018. Staff also recommends that taxicab driver’s new and renewal permit application fees be reduced to $48 and prorated monthly based on the number of calendar months remaining until the permit expires in accordance with Santa Monica Municipal Code Section 6.49.070(e). Staff believes that this reduction is necessary in light of the heavy competition that City permitted taxi drivers face from Transportation Network Company drivers. Next Steps for Taxicab Program 1. Work with county jurisdictions on the implementation strategy for AB1069 2. Provide Council with an update regarding implementation of AB1069 before July 2018, and return to Council with any necessary changes to the taxicab franchise program by or before to November 2018. 8 of 9 Financial Impacts and Budget Actions Staff anticipates revenues to decrease by approximately $16,410 in Taxi Driver Permit Fees due to the proposed reduction in permit fees. Staff will include consideration of budget impact with updates on the implementation of AB1069 during the FY 2018-19 Exception Based Budget. Attachments: A. Senate Floor Analysis of AB 1069 B. Franchisee Requests C. Bell Cab Ordinance D. Independent Taxi Ordinance E. Metro Cab Ordinance F. Taxi! Taxi! Ordinance G. Yellow Cab Ordinance H. Ordinance Modifying SMMC Chapter 6.49 I. Fee Resolution Prepared By: Cheryl Shavers, Senior Administrative Analyst Approved Forwarded to Council Attachments: A. Senate Floor Analysis AB 1069 B. Franchisee Requests C. Bell Cab Ordinance D. ITOA Ordinance E. Metro Cab Ordinance F. Taxi Taxi Ordinance G. Yellow Cab Ordinance H. Taxi Permit Ordinance I. Taxi Fee Resolution 9 of 9 J. Powerpoint Presentation SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 AB 1069 THIRD READING Bill No: AB 1069 Author: Low (D) Amended: 9/8/17 in Senate Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/5/17 AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/11/17 AYES: Beall, Cannella, Allen, Atkins, McGuire, Mendoza, Morrell, Roth, Vidak, Wieckowski, Wiener NO VOTE RECORDED: Gaines, Skinner SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/28/17 AYES: Lara, Beall, Bradford, Hill, Nielsen, Wiener NO VOTE RECORDED: Bates ASSEMBLY FLOOR: 75-1, 5/30/17 - See last page for vote SUBJECT: Local government: taxicab transportation services SOURCE: Taxicab Paratransit Association of California DIGEST: This bill requires cities or counties to regulate a taxicab company or driver if the company or driver is substantially located in the jurisdiction, beginning January 1, 2019. Senate Floor Amendments of 9/8/17 establish an effective date of January 1, 2019, for most of the bill’s provisions, clarify the joint powers authority and transit agency regulatory authority, establish a fine for violation of ordinances not related to permitting, restructure the bill for clarity, and make other technical and clarifying changes. AB 1069 Page 2 ANALYSIS: Existing law: 1) Requires every city or county to adopt an ordinance or resolution to issue permits in regard to taxicab transportation service provided in vehicles, designed for carrying not more than nine people including the driver, which is operated within the city or county. 2) Requires the city or county to provide policies for all of the following: a) A policy for entry into the business of providing taxicab transportation service that includes provisions that require a driver to be employed, or have an offer of employment, as a taxicab driver and to be in compliance with all requirements of state and local law in order to be issued a permit. b) The establishment or registration of rates for the provision of taxicab transportation service. c) A mandatory controlled substance and alcohol testing certification program. A test in one jurisdiction must be accepted as meeting the same requirement in any other jurisdiction. 3) Allows a city or county to adopt additional regulations on taxicab operations. 4) Allows a city or county to levy service charges, fees, or assessments to administer its taxicab regulatory program. 5) Limits the amount of regulatory fees that may be charged to no more than the reasonable cost of administering the regulations. 6) Allows two or more public agencies to use their powers in common if they sign a joint powers agreement and to create a new, separate government called a Joint Powers Authority (JPA). 7) Requires the prospective employer of a driver who drives a specified vehicle to obtain a report showing the driver’s current public record as recorded by the Department of Motor Vehicles, under the “pull-notice system.” This bill: 1) Repeals on January 1, 2019, the existing requirement for every city and county to regulate taxicabs, except for the City and County of San Francisco. 2) Requires a city or county, except the City and County of San Francisco, to regulate taxicab transportation service in a manner similar to existing law only AB 1069 Page 3 if the taxicab is operated and substantially located within its jurisdiction beginning January 1, 2019. 3) Retains existing taxi regulation law for the City and County of San Francisco. 4) Allows a city or county to issue an inspection sticker or other compliance device to a taxicab company that complies with all of the requirements of the bill and all applicable local ordinances. Requires a city or county to issue a photo permit to a taxicab company or driver that similarly complies. 5) Prohibits a city or county from requiring a business license, service permit, car inspection certification, driver permit, or compliance with taxicab regulations for a taxicab service provider to operate, unless the provider is substantially located in the jurisdiction or the provider does not hold any of those permits within the county. 6) Defines “substantially located” to mean: a) The jurisdiction where the primary business address of the provider is located; and b) The jurisdiction within a single county in which trips originating in that jurisdiction account for the largest share of that company or driver’s total number of trips over the past year and determined every five years thereafter. 7) Provides that a taxicab service provider may be substantially located in more than one jurisdiction. 8) Deems a city or county to have a taxicab company or driver substantially located within its jurisdiction if the city or county files a notice of intention to: a) Enter into a joint exercise of powers agreement or join a JPA for the purpose of regulating or administering taxicab companies and drivers. b) Enter into an agreement with a transit agency for the purpose of regulating or administering taxicab companies and drivers. 9) Allows, only, a city or county deemed as provided in 7) above to regulate through an agreement or JPA. 10) Requires a taxicab company to do all of the following: a) Obtain a permit in every county in which that provider is substantially located. AB 1069 Page 4 b) Maintain reasonable financial responsibility to conduct taxicab transportation services. c) Participate in the pull-notice program pursuant to existing law to regularly check the driving records of all taxicab drivers. d) Maintain a safety education and training program for all taxicab drivers. e) Maintain a disabled access education and training program to instruct its drivers on compliance with the Americans with Disabilities Act. f) Maintain its taxicabs in a safe operating condition. g) Provide documentation that 50 percent or more of the number of fares are generated from within a specific jurisdiction. h) Provide the permitting agency an address where the permitting agency can inspect documentation required to demonstrate compliance with taxicab regulations. i) Provide for drug and alcohol testing and a fingerprint criminal history check of all drivers. 11) Requires a taxicab company and driver to: a) Collect trip data to determine in what jurisdictions each company and driver are substantially located, beginning on January 1, 2018. b) Provide the trip data upon the date of renewal to the jurisdictions in which the taxicab company and driver are substantially located, beginning January 1, 2019. 12) Prohibits operation of a taxicab without a valid permit and prohibits operation unless the company and driver are substantially located in at least one city within the county or in the unincorporated area of the county. 13) Prohibits a taxicab company from prejudicing or providing different rates or service on the basis of specified characteristics. 14) Establishes a fine of at least $5,000 for operating without a permit, payable to the city or county where the violation occurs. 15) Allows any city or county to adopt an ordinance that imposes operating requirements for taxicab companies and drivers that do not relate to permitting or business licensing, including, but not limited to: a) Limits on the number of taxicab service providers that may use taxistand areas or pick up street hails within that city’s or county’s jurisdiction, and identifies permitted providers that use taxistand areas with a window sticker. AB 1069 Page 5 b) Requirements on a taxicab service provider to provide services in a manner that provides equal accessibility for all populations within a jurisdiction. c) Other public health, safety, or welfare ordinances relating to taxicabs . 16) Imposes a fine of $100 up to $1,000 for a violation of an ordinance adopted pursuant to 12), and prohibits those requirements from being a condition for issuance of a permit. 17) Grants an airport operator with separate and ultimate authority to regulate taxicab access to the airport and set access fees for taxicabs at the airport, and provides that nothing in the bill affects the authority of a jurisdiction to regulate taxi access or set access fees or requirements for an airport it owns or operates. 18) Modifies requirements in existing law to specify the manner in which a city or county may regulate fares, as follows: a) Allows a company to set fares or charge a flat rate, but allows a city or county to set a maximum rate. b) Allows a company to use specified types of devices, including GPS metering, to calculate rates. c) Requires a company to disclose fares, fees, or rates to the customer for prearranged trips, walkup rides, and street hails in manners specified by the bill. 19) Adds permitted taxicab companies to the pull-notice system under current law. 20) Defines numerous terms and includes findings and declarations to support its purpose. Background Taxicab Regulation. Every city or county must adopt an ordinance or resolution to issue permits regulating taxicab transportation services operated within the city or county. Cities typically limit the number of taxi licenses and establish fixed rates for service, and taxi drivers must possess licenses to operate in each city and county where they would like to pick up passengers. Cities and counties also often have rules to ensure that taxis provide service throughout their jurisdiction and prevent discrimination. Transportation Network Companies. Beginning as early as 2009, a new model for providing transportation services, known as a Transportation Network Company AB 1069 Page 6 (TNC), allowed patrons to prearrange transportation services through an app on their smartphone or computer. These companies, including popular services like Uber and Lyft, allow passengers to hail drivers that use their personal vehicles to provide transportation services. TNCs differ from traditional taxi and public transportation services in that they, (1) provide prearranged transportation services, (2) do not own their own fleet of vehicles, and (3) are regulated on a statewide—rather than local—basis. Taxi Competition. This divergent regulatory scheme has created challenges for the taxi business model. Because of local regulation on a jurisdiction-by-jurisdiction basis, a single taxi driver is often charged permit fees in multiple jurisdictions. Taxis have to take passengers where they want to go, but may be prohibited from picking up passengers for the return trip—a problem known as “deadheading.” Taxi drivers also face differing rate regulations from one city to the next and prohibitions on charging variable rates to respond to market demands, and some cities prohibit prearranged trips. TNCs, on the other hand, are a new transportation service and are largely free of regulation, aside from the limited requirements in state law and the regulations imposed by the PUC. Only a few cities currently require business licenses for TNC drivers to operate there. A National Academy of Sciences report found that this disparity in regulation is one reason taxis have seen recent declines in trips and revenues. The taxi industry wants to modify the state framework for local taxicab regulation in order to ease their regulatory burden and compete more effectively with TNCs. Comments 1) Purpose of the bill. The taxi industry has been hit hard by the emergence of TNCs as an alternative in the for-hire transportation market. State law mandates that every city and county in the state must regulate taxis. TNCs provide essentially the same service, but are not regulated in each individual city and county in the state, as is mandated by state law for taxis. As a result, taxi drivers have to contend with regulations that put them at a disadvantage relative to TNCs. Where TNCs can change their rates to meet demand or use GPS-based pricing, taxis can’t. TNCs can operate without local permits, while taxis must pay permit fees and get fingerprinted in each jurisdiction in which they operate. In a county like Los Angeles, that includes 88 cities and the county. AB 1069 modernizes taxi regulation to reduce the number of permits that taxicabs need in each county to one or two permits, use GPS and new technologies, and change their rates so that taxis can better respond to the needs of their customers. At the same time, it ensures that passengers know AB 1069 Page 7 the rate they have to pay before they accept the ride, includes public safety provisions, such as mandated background checks and drug testing, and ensures nondiscriminatory access to taxis for all Californians. AB 1069 helps bring taxi regulation into the 21st century. 2) A bridge too far. Taxis have been regulated by cities and counties for decades, and previous attempts to deregulate have created problems such as discrimination, inequitable access, and price gouging. Some changes to taxi regulation may be needed to allow taxis to better compete with TNCs, but AB 1069 makes rushed changes to a functional system that may result in lax oversight by only allowing a few jurisdictions to regulate taxicabs and enforce permitting requirements. Any changes should be carefully considered before upending the tradition of local control over a local service. Alternatives, such as directly addressing the problems of excessive rate regulation and bans on prearranged trips, should be investigated before making fundamental changes to taxicab regulation. Related/Prior Legislation SB 182 (Bradford) provides that a TNC driver must only receive a business license in the jurisdiction where he or she resides, and that this business license is valid statewide. AB 650 (Low, 2016) would have provided greater operational flexibility to taxis if transportation oversight responsibilities at the state level had been transferred from CPUC to another state agency, but was vetoed by Governor Brown with the following message: “I am returning Assembly Bill 650 without my signature. This bill removes significant regulation of taxicabs by cities and counties and declares the intent of the Legislature to transfer the regulation of taxicabs to the state. This bill fundamentally alters the long-standing regulation of taxicabs by cities and counties and makes the determination that this responsibility should be shifted to the state. I do not believe that such a massive change is justified.” FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee:  Minor short-term costs, likely less than $100,000, for the Department of Motor Vehicles to enroll additional taxicab carriers and drivers into the pull notice program that provides employers with the driving records of its employees. Actual costs would depend upon the volume of new drivers who do not currently participate in the program, and all costs would be fully recovered through fees paid by program participants. Senate Appropriations Committee AB 1069 Page 8 staff notes that many taxicab companies currently participate in the pull notice program on a voluntary basis. (Motor Vehicle Account)  Unknown local costs to cities and counties to update ordinances, policies, procedures, and regulatory mechanisms that apply to the provision of taxicab services. Any costs incurred by local agencies as a result of this bill would not be state-reimbursable because existing law provides the authority to levy fees to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services. SUPPORT: (Verified 9/11/17) Taxicab Paratransit Association of California (source) American Cab Inc. Silicon Valley Cab Company Taxi Workers Alliance of Silicon Valley Five individuals OPPOSITION: (Verified 9/12/17) City of Los Angeles City of Santa Monica Contra Costa Transportation Authority League of California Cities LA Metro Riverside County Transportation Commission San Bernardino County Transportation Authority ASSEMBLY FLOOR: 75-1, 5/30/17 AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon NOES: Gonzalez Fletcher AB 1069 Page 9 NO VOTE RECORDED: Chau, Chen, Choi, Eggman Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119 9/12/17 18:57:57 **** END **** Introduction •Current franchise expires on December 31, 2017 •Assembly Bill 1069 signed by Governor on October 13, 2017 Ta xi Regulation q Assembly Bill 1069 signed by Governor Brown in October •Limits local jurisdictions taxicab permitting authority •Allows jurisdictions to permit and regulate drivers and companies that are “substantially located” within their jurisdiction •Metro Cab and Taxi! Taxi! would likely be considered “substantially located” in SM •Allows local jurisdictions to adopt operating requirements such as use of taxistands or street hails •Staff to continue analyzing bill to determine implementation and effect on Santa Monica taxicab service To night Recommend: •Extending the franchises of the 5 taxicab companies for one year •Extend the taxicab driver permits until December 31, 2018 •Adopt resolution setting reduced driver permit fees Ta xi Industry q Continues to decline •Gross revenue down 64% since 2013 •Trips down 79% since 2013 •Council granted companies the ability to park vehicles which saves companies money during slower periods. •Council approved taxicab companies request to reduce number of authorized vehicles from 300 to 199. •Ta xicab companies providing Access Services Ta xi Franchise Requests •Ta xi! Taxi! requested an increase in the number of authorized vehicles, cancellation of Weights and Measures certificate and printed waybills and the monthly report requirement •Metro Cab requested to operate non-company owned autos •All companies requested a reduction or elimination of the annual franchise fee and business license fee Type of Fee Amount Recommendation Annual Franchise Fee per Company $5,000 No Change Annual Franchise Fee per Vehicle $1,100 No Change Business License Tax per Vehicle $250 No Change New/Renewal Driver Permit Fee $225.71 $48 New/Transfer Vehicle Permit Fee $129.64 No Change Renewal Vehicle Permit Fee $59.03 No Change Ta xi Franchise Fees Recommendation •Introduce for first reading ordinances extending the franchises to the five existing companies; •Ordinance amending SMMC Section 6.49.070 updating the expiration of taxicab driver permits •Adopting fee resolution setting taxicab driver permit fees Next Steps •Work with county jurisdictions on the implementation strategy for AB 1069 •Provide Council with an update regarding the implementation of AB 1069 before July 2018 •Return to Council with any necessary changes to Franchise the by or before November 2018 Type of Fee Amount Consideration Recommendation Annual Franchise Fee per Company $5,000 No Change No Change Annual Franchise Fee per Vehicle $1,100 $702 –36% reduction No Change Business License Tax per Vehicle $250 No Change No Change New/Renewal Driver Permit Fee $225.71 $112.86 $48 New/Transfer Vehicle Permit Fee $129.64 No Change No Change Renewal Vehicle Permit Fee $59.03 No Change No Change REFERENCE – RESOLUTION NO. 11089 (CCS); THIS STAFF REPORT IS ALO IN LEGISLATIVE FILE NOS. 419-001-419-005