HomeMy WebLinkAboutItem 5 - Second Reading of Ordinance No. 1675 (2020 Series) - Amending Chapter 5.20 (Taxicabs)
Department Name: Police
Cost Center: 8000
For Agenda of: Feb 4, 2020
Placement: Consent
Estimated Time: N/A
FROM: Deanna Cantrell, Chief of Police
Prepared By: Brian Amoroso, Operations Captain
SUBJECT: SECOND READING OF ORDINANCE NO. 1675 (2020 SERIES) AMENDING
MUNICIPAL CODE CHAPTER 5.20 - TAXICABS
RECOMMENDATION
Adopt Ordinance No. 1675 (2020 Series) (Attachment A) amending Municipal Code Chapter
5.20 (Taxicabs) to be complaint with new laws enacted by the California State Legislature in
Assembly Bill 939.
DISCUSSION
On January 21, 2020 the City Council voted 4:0:1 to introduce Ordinance No. 1675 (2020
Series) amending Chapter 5.20 of the City’s Municipal Code which added additional Operating
Regulations to taxicabs operating in San Luis Obispo.
Previous Council or Advisory Body Action
January 21, 2020, Council introduced Ordinance 1675 (2020 Series) amending Chapter 5.20 of
the City’s Municipal Code. The Council Agenda Report for the January 21, 2020 Council
hearing is provided in Attachment B.
Policy Context
California Assembly Bill 939 was enacted by the State Legislature on September 18, 2018,
which amended Sections 53075.5, 53075.51 and 53075.52 of the Government Code. These
sections govern the obligations of a City related to taxicab companies and local regulation. Due
to the changes in the Government Code, modification of section 5.20 of the municipal code is
needed to reflect the new laws.
Public Engagement
The proposed amendment is required to comply with Assembly Bill 939 which was a publicly
debated and adopted statewide bill. This is an administrative item, so no outside public
engagement was completed. Public comment can be provided to the City Council through
written correspondence prior to the meeting and through public testimony at the meeting.
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Item 5
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2019-2020
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund n/a n/a n/a n/a
State
Federal
Fees
Other:
Total n/a n/a n/a n/a
There is no fiscal impact in amending the Municipal Code to comply with amendments to the
California Government Code as a result of Assembly Bill 939.
ALTERNATIVES
Council could choose to not accept these amendments to the Municipal Code, however these
changes are codified and required by law.
Attachments:
a - Ordinance No. 1675 (2020 Series)
b - Council Agenda Report from January 21, 2020 Council Meeting
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Item 5
O 1675
ORDINANCE NO. 1675 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 5.20
REGARDING TAXICABS
WHEREAS, the California Legislature issued an update to California Government Code
53075.5 pertaining to taxicab transportation service, driver's permit, drug testing, local ordinances,
and regulations; and
WHEREAS, the update to the California Government Code 533075.5 went into effect on
January 1, 2019; and
WHEREAS, the City of San Luis Obispo amends its Municipal Code Title 5.20 pertaining
to taxicabs to comply with California Government Code 53075.5’s legislative update.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Section 5.20.200 of the San Luis Obispo Municipal Code, entitled Operating
regulations, is hereby amended to read as follows:
5.20.200 Operating regulations
A. A permitted taxicab company shall comply with the requirements set forth in
Government Code Section 53075.5(h)(1-9)
B. (1) It shall be unlawful to operate a taxicab without a valid permit to operate issued by
the City of San Luis Obispo where the taxicab company is substantially located within the
City of San Luis Obispo.
(2) The minimum fine for violation of paragraph (1) shall be five thousand dollars
($5,000) and may be imposed administratively by the City of San Luis Obispo.
C. Any driver employed to transport passengers to a definite point shall take the most
direct route possible that will carry his or her passenger to his or her destination safely and
expeditiously.
D. No driver of any licensed taxicab shall prejudice, disadvantage, or require different
rates or provide different service to a person because of race, national origin, religion, color,
ancestry, physical disability, medical condition, occupation, marital status or change in
marital status, sex or any characteristic listed or defined in Government Code Section
11135.
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Item 5
Ordinance No. 1675 (2020 Series) Page 2
O 1675
E. No driver of any licensed taxicab shall refuse any person prompt taxi service in the city
at any time while such taxicab is on the public streets ready for service, unless taxicab is
already engaged in the carrying of one or more passengers or is en route to answer a call
for taxicab service; provided further, that nothing in this subsection shall require any owner
or driver to furnish taxicab service to any person under the influence of intoxicating liquor
or narcotics, or to any person who is insane or who is a known criminal.
F. Every driver, upon request, shall give a correct receipt for the amount of payment
received.
G. No driver of any taxicab shall accept, take into his or her vehicle or transport any larger
number of passengers than the rates covering the seating capacity of his or her vehicle.
H. No driver shall permit any taxicab to remain standing in any established taxicab stand,
unless the cab is attended by a driver or operator, except when assisting passengers to load
or unload, or when answering the telephone.
I. No driver shall carry any passenger other than paying passengers or persons authorized
by or on company business.
J. Every driver shall at all times display his or her driver’s permit and picture in a
conspicuous place in the taxicab which he or she is operating.
K. Any violation of the provisions of this section shall be cause for the revocation of the
permit of the driver guilty of such violation. (Prior code § 6240.18)
SECTION 2. Section 5.20.250 of the San Luis Obispo Municipal Code, entitled Return
of driver’s permit upon termination of employment, is hereby amended to read as follows:
5.20.250 Return of driver’s permit upon termination of employment.
The driver employer shall notify the chief of police of his or her the driver’s termination of
employment with the listed employer and shall return the driver’s permit to the chief of
police. The driver’s permit shall become null and void upon the driver’s termination of
employment. (Ord. 1298 § 1, 1996)
SECTION 3. Section 5.20.280 of the San Luis Obispo Municipal Code, entitled
Taximeter - Required, is hereby amended to read as follows:
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Item 5
Ordinance No. 1675 (2020 Series) Page 3
O 1675
5.20.280 Taximeter – Required
All taxicabs operated under the authority of this chapter shall, within thirty days after
written notice by the city, be equipped with meters fastened in front of the passengers,
visible to them at all times of the day or night; and after sundown the face of the meter
shall be illuminated, the accuracy of meters to be installed shall be tested, approved and
sealed by the county department of weights and measures at all points and connections
which, if manipulated, would affect their correct reading and recording. The taxi company
may use any type of device or technology reviewed by the Division of Measurement
Standards to calculate fares, including using Global Positioning System metering, provided
that the device or technology complies with Business and Professions Code Section
12500.5 and with regulations established pursuant to Business and Professions Code
Section 12107. Each meter shall have a flag or approved device to denote when the vehicle
is employed and when it is not employed and it shall be the duty of the driver to throw the
flag or device into a recording position when employed and into a nonrecording position
at the termination of each trip. The meter shall be subject to inspection from time to time
and upon discovery of any inaccuracies therein, the taxi shall be kept off the highway until
the meter is repaired or replaced. (Prior code § 6240.28)
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City’s rules and regulations.
It is the City’s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
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Item 5
Ordinance No. 1675 (2020 Series) Page 4
O 1675
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 21st day of January 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2020, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this _________ day of _____________________________, 2020.
______________________________
Teresa Purrington
City Clerk
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Item 5
Department Name: Police
Cost Center: 8001
For Agenda of: January 21, 2020
Placement: Consent
Estimated Time: N/A
FROM: Deanna Cantrell, Chief of Police
Prepared By: Brian Amoroso, Operations Captain
SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER 5.20 (TAXICABS)
OF THE SAN LUIS OBISPO MUNICIPAL CODE
RECOMMENDATION
Introduce an Ordinance amending Chapter 5.20 of the San Luis Obispo Municipal Code
(Attachment A) to comply with new provisions set forth by the California State Legislature in
Assembly Bill 939.
DISCUSSION
California Assembly Bill 939 was enacted by the State Legislature on September 18, 2018,
which amended Sections 53075.5, 53075.51 and 53075.52 of the Government Code. These
sections govern the obligations of a City related to taxicab companies and local regulation.
As a result of this Assembly Bill, section 5.20 of the City of San Luis Obispo Municipal Code
requires an amendment to comply with the provisions of the amended Government Code,
Section 53075.5.
The following changes to section 5.20 of the City of San Luis Obispo Municipal Code are
recommended in order to comply with Assembly Bill 939. Suggested changes are bolded, with
deletions in strikethrough. Text in italics is provided for reference.
Amend Section 5.20.200 Operating Regulations to read as follows:
A. A permitted taxicab company shall comply will the requirements set forth in
Government Code Section 53075.5(h)(1-9)
For reference, Government Code 53075.5:
(h) A permitted taxicab company shall do all of the following:
(1) Maintain reasonable financial responsibility to conduct taxicab transportation
services in accordance with the requirements of an ordinance adopted pursuant
to subdivision (a).
(2) Participate in the pull-notice program pursuant to Section 1808.1 of the Vehicle
Code to regularly check the driving records of all taxicab drivers, whether
employees or contractors.
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(3) Maintain a safety education and training program in effect for all taxicab drivers,
whether employees or contractors.
(4) Maintain a disabled access education and training program to instruct its taxicab
drivers on compliance with the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and state disability rights
laws, including making clear that it is illegal to decline to serve a person with a
disability or who has a service animal.
(5) Maintain its motor vehicles used in taxicab transportation services in a safe
operating condition, and in compliance with the Vehicle Code, subject to annual
inspection by the city or county in which it is substantially located, at a facility
that is certified by the National Institute for Automotive Service Excellence or a
facility registered with the Bureau of Automotive Repair.
(6) Provide the city or county that has issued a permit under this article an address of
an office or terminal where documents supporting the factual matters specified in
the showing required by this subdivision may be inspected by the permitting city
or county.
(7) Provide for a taxicab driver fingerprint-based criminal history check and a drug
and alcohol testing program pursuant to paragraph (3) of subdivision (b).
(8) Comply with all provisions of an ordinance adopted pursuant to subdivision (a).
(9) Provide documentation and trip data in the format required by an ordinance
adopted pursuant to subdivision (a) substantiating that the total number of
prearranged and non-prearranged trips that originate within that city’s or
county’s jurisdiction account for the largest share of the taxicab company’s total
number of trips over the applicable time period described in clause (ii) of
subparagraph (A) or subclause (II) of clause (ii) of subparagraph (B) of
paragraph (5) of subdivision (k).
B. (1) It shall be unlawful to operate a taxicab without a valid permit to operate
issued by the City of San Luis Obispo where the taxicab company is
substantially located within the City of San Luis Obispo.
(2) The minimum fine for violation of paragraph (1) shall be five thousand dollars
($5,000) and may be imposed administratively by the City of San Luis Obispo.
C. A Any driver employed to transport passengers to a definite point shall take the most
direct route possible that will carry his or her passenger to his or her destination saf ely and
expeditiously.
D. No driver of any licensed taxicab shall prejudice, disadvantage, or require
different rates or provide different service to a person because of race, national origin,
religion, color, ancestry, physical disability, medical condition, occupation, marital
status or change in marital status, sex or any characteristic listed or defined in
Government Code Section 11135.
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E. B. No driver of any licensed taxicab shall refuse any person prompt taxi service in the
city at any time while such taxicab is on the public streets ready for service, unless taxicab
is already engaged in the carrying of one or more passengers or is en -route to answer a call
for taxicab service; provided further, that nothing in this subsection shall require any owner
or driver to furnish taxicab service to any person under the influence of intoxicating liquor
or narcotics, or to any person who is insane or who is a known criminal.
F. C. Every driver, upon request, shall give a correct receipt for the amount of paym ent
received.
G. D. No driver of any taxicab shall accept, take into his or her vehicle or transport any
larger number of passengers than the rates covering the seating capacity of his or her
vehicle.
H. E. No driver shall permit any taxicab to remain standing in any established taxicab
stand, unless the cab is attended by a driver or operator, except when assisting passengers
to load or unload, or when answering the telephone.
I. F. No driver shall carry any passenger other than paying passengers or persons
authorized by or on company business.
J. G. Every driver shall at all times display his or her driver’s permit and picture in a
conspicuous place in the taxicab which he or she is operating.
K. H. Any violation of the provisions of this section shall be cause for the revocation of
the permit of the driver guilty of such violation. (Prior code § 6240.18)
Amend Section 5.20.250 Return of Driver’s permit upon termination of employment to read as
follows:
The driver employer shall notify the chief of police of his or her the driver’s termination
of employment with the listed employer and shall return the driver’s permit to the chief of
police. The driver’s permit shall become null and void upon the driver’s termination of
employment. (Ord. 1298 § 1, 1996)
Amend Section 5.20.280 Taximeter – Required to read as follows:
All taxicabs operated under the authority of this chapter shall, within thirty days after
written notice by the city, be equipped with meters fastened in front of the passengers,
visible to them at all times of the day or night; and after sundown the face of the meter shall
be illuminated, the accuracy of meters to be installed shall be tested, approved and sealed
by the county department of weights and measures at all points and connections which, if
manipulated, would affect their correct reading and recording. The taxi company may use
any type of device or technology reviewed by the Division of Measurement Standards
to calculate fares, including using Global Positioning System metering, provided that
the device or technology complies with Business and Professions Code Section 12500.5
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and with regulations established pursuant to Business and Professions Code Section
12107. Each meter shall have a flag or approved device to denote when the vehicle is
employed and when it is not employed and it shall be the duty of the driver to throw the
flag or device into a recording position when employed and into a nonrecording position at
the termination of each trip. The meter shall be subject to inspection from time to time and
upon discovery of any inaccuracies therein, the taxi shall be kept off the highway until the
meter is repaired or replaced. (Prior code § 6240.28)
Policy Context
California Assembly Bill 939 was enacted by the State Legislature on September 18, 2018,
which amended Sections 53075.5, 53075.51 and 53075.52 of the Government Code. These
sections govern the obligations of a City related to taxicab companies and local regulation.
Assembly Bill 939 (Attachment B)
California Government Code 53075.5 (Attachment C)
California Government Code 53075.51 (Attachment D)
California Government Code 53075.52 (Attachment E)
Current San Luis Obispo Municipal Code Section 5.20 (Attachment F)
Public Engagement
The proposed amendment is required to comply with Assembly Bill 939 which was a publicly
debated and adopted statewide bill. This is an administrative item, so no outside public
engagement was completed. Public comment can be provided to the City Council through
written correspondence prior to the meeting and through public testimony at the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
Item 10
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FISCAL IMPACT
Budgeted: No Budget Year:
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The changes required by Assembly Bill 939 require the taxicab companies comply with the
ordinance. The only fiscal impact to the City would be in the form of staff time processing a
violation to the ordinance which can be accommodated within current budgetary allocations.
ALTERNATIVES
Council could choose to not accept these amendments to the Municipal Code, however these
changes are codified and required by law.
Attachments:
a - Draft Ordinance
b - Assembly Bill 939
c - Government Code 53075.5
d - Government Code 53075.51
e - Government Code 53075.52
f - COUNCIL READING FILE - San Luis Obispo Municipal Code 5.20 - Taxicabs
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