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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: April 8, 2008

Subject/Title: Report of Rate Schedule filed by “National Cab” required by section 5.60.150 of the Brentwood Municipal Code; update of National Cab Taxi License Application and Driver’s Permit Application

Prepared by: Margaret Wimberly, City Clerk

Submitted by: Karen Chew, Assistant City Manager

RECOMMENDATION
Accept report of Rate Schedule filed by “National Cab” as required by section 5.60.150 of the Brentwood Municipal Code.

PREVIOUS ACTION
Chapter 5.60 of the Brentwood Municipal Code, (Taxicabs), was adopted by Ordinance 17 in 1948, and section 5.60.010 was revised by Ordinance 271 in 1978.

BACKGROUND
On February 20, 2008, “National Cab” Company filed a Taxi License Application with the City Clerk’s Office, the application listed Alma Sota as the owner. The Municipal Code requires that once a license application is filed, no license be granted within forty-days after the date of the filing of the application and that the Police Department complete a background investigation of the license applicants.

In addition to the background investigation, proof of Liability Insurance, which is described in section 5.60.080 of the Municipal Code (attached), is also required for the issuance of a Taxi License.

In addition to a Taxi License for the business, a Taxi Driver’s Permit is required for each driver of the taxi, and may be issued by the City Clerk following the filing of a Taxi Driver’s Permit Application once the following requirements are met: The driver must provide evidence a proficient knowledge of the traffic laws of the City of Brentwood and the State of California, and demonstrate the ability to operate a taxicab or rent car, all to the satisfaction of the City Clerk. The driver shall be fingerprinted by, and his record filed in, the Police Department Bureau of Identification and, shall also provide two recent photographs and proof that the driver is over the age of eighteen years.

Pursuant to Government Code 53075.5 a test for Controlled Substances and Alcohol is also required for each driver. The test will be administered at the applicant’s expense by a certified testing center, with test results reported directly to the City, and the applicant will be notified of the results.

The forty-day waiting period expired on March 31, 2008, and if proof of liability insurance is filed with the City Clerk’s office, the Taxi License will be issued to “National Cab”.

The Taxi Driver’s Permits will be issued to Mohamad Punhsheri once the City Clerk’s office receives evidence of a valid California Driver’s License for each driver, two recent photographs of each driver, proof of age (over 18), the City Clerk’s office has received proof of negative test results for Controlled Substances and Alcohol for each driver.

On March 31, 2008, Alma Soto of the taxi company filed a rate schedule with the City Clerk’s office. Section 5.160.150 of the Brentwood Municipal Code requires that the City Clerk file a copy of the rates with the Police Department and report the rates to the City Council. If a changed rate schedule is filed by the owner, it must be approved by a resolution of the City Council. By way of information, Rate 1 on the attached schedule applies to local areas (Brentwood, Oakley, Antioch, and Pittsburg) and Rate 2 to non-local areas.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Attachment:
Chapter 5.60 of the Brentwood Municipal Code – Taxicabs
Rates provided by “National Cab”

Brentwood Municipal Code
Title 5 BUSINESS LICENSES, TAXES AND REGULATIONS

Chapter 5.60 TAXICABS

5.60.010 Definitions.
Unless otherwise expressly stated, whenever used in this chapter the following terms shall be respectively deemed to mean as follows:

A. “Chief of police” means the chief of police of the city of Brentwood.

B. “City clerk” means the city clerk of the city of Brentwood.

C. “Council” means the city council of the city of Brentwood.

D. “Driver” means every person in charge of or operating any taxicab or rent car as herein defined, either as agent, employee or otherwise, under the direction of the owner, or as owner as herein defined.

E. “Owner” means every person, firm or corporation having the use or control of any taxicab or rent car as herein defined, whether as owner, lessee or otherwise.

F. “Rent car” means every automobile or motor-propelled vehicle, excluding taxicabs as herein defined, which are operated and/or used for the transportation of passengers for hire over the public streets of the city of Brentwood and not over a defined route and irrespective of whether the operations extend beyond the boundary limits of said city, and which vehicle is routed as to destination under the direction of such passenger or passengers, or such person hiring the same. The definition of rent car shall not be construed to include charter buses.

G. “Street” means any place commonly used for the purpose of public travel.

H. “Taxicab” means every automobile or motor-propelled vehicle operated at rates per mile, or for wait-time, or for both, used for the transportation of passengers for hire over the public streets of the city of Brentwood and not over a defined route and irrespective of whether the operations extend beyond the boundary limits of said city, and which vehicle is routed as to destination under the direction of such passenger or passengers, or of such persons hiring the same. The definition of taxicab shall not be construed to include charter buses. (Ord. 271 (part), 1976; Ord. 17 § 1, 1948)

5.60.020 License—Required.
It is unlawful to operate any taxicab or rent car in the city of Brentwood unless the owner thereof applies for and obtains a license to do so, which license shall be applied for, granted and in effect, all in compliance with the provisions of this chapter. (Ord. 17 § 2, 1948)

5.60.030 License—Application contents and filing.
The application for such owner’s license shall be in writing, duly certified under oath and filed with the city clerk, who shall file the same. Each application shall set forth:

A. A full identification of the applicant and all persons to be directly or indirectly interested in the license, if granted;

B. The residence and business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying;

C. The exact nature of the proposed business for which the license is requested, and the name under which it is to be operated;

D. Whether or not any license has been revoked, and if so, the circumstances of such revocation;

E. The number of vehicles proposed to be operated;

F. A complete description of the vehicles proposed to be operated and of the proposed operations;

G. The color scheme and characteristic insignia to be used to designate the vehicles of the owner. (Ord. 17 § 3, 1948)

5.60.040 License application—Conditions for approval or denial—Appeal procedure.
A. No license shall be granted within forty days after the date of filing of application with the city clerk. The chief of police shall cause an investigation to be made of the application and shall, within thirty days from the date of filing the application, report his findings in writing, and file the same with the city clerk. If the report of the chief of police finds:

1. That the vehicle proposed to be operated, or its equipment is inadequate or unsafe;

2. That the applicant has been convicted of a felony or the violation of a narcotic law, or of any penal law involving moral turpitude, or during the previous sixty days, of any ordinance or law relating to traffic or use of streets in the city of Brentwood;

3. That the proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another operator operating in the city of Brentwood; or,

4. That the name under which the applicant proposes to operate will tend to cause confusion with that of another owner operating in the city of Brentwood:

then the application shall be deemed denied.

In such event, the applicant may, at any time within forty days from the date of filing of the application with the city clerk as aforesaid, file in writing with the city clerk an appeal to the city council of the city of Brentwood from the denial. At its next regular meeting following the filing of the appeal, the city council shall hear the appeal by the applicant, consider the written report of the chief of police and such other material evidence as may be presented. After due consideration said city council shall by resolution determine whether or not such application shall be granted or denied.

B. If, however, the report of the chief of police finds none of such objections to the granting of the application any citizen of the city of Brentwood may likewise, within the forty-day period, file in writing with the city clerk objections to the granting of the application, then, at its next regular meeting after the filing, the city council of the city of Brentwood shall review the application, the report of the chief of police, the objections filed and such other material evidence as may be presented. After due consideration said city council shall by resolution determine whether or not the application shall be granted or denied.

C. If the report of the chief of police finds none of such objections to the granting of the application and no written objections thereto are filed with the city clerk as hereinabove specified or after hearing, in either event above specified by the city council, it determines that the application shall be granted and forty days have expired since the filing of the application, the license collector shall issue a license to the applicant upon the payment of the license fee set forth in Section 5.60.050. (Ord. 17 § 4, 1948)

5.60.050 License fees designated—Annual payment required.
The owner, upon the issuance of a license for the operation of a taxicab or rent car hereunder shall pay to the city of Brentwood therefor a license fee of fifty dollars annually in advance for one such vehicle and thirty-five dollars annually in advance for each additional vehicle so licensed. (Ord. 17 § 5, 1948)

5.60.060 License—Conditions for suspension or revocation.
The city council may by resolution, and after ten days’ written notice to an owner and a public hearing at a regular meeting of the council following such notice, suspend or revoke an owner’s license for any of the four grounds specified as grounds for denial as set forth in Section 5.60.040, or in the event of a violation of any of the provisions of this chapter, or for failure to pay any judgment for damages arising from the operation of the vehicles, or any of them, for which the license was issued. (Ord. 17 § 6, 1948)

5.60.070 License—Addition or substitution of vehicles.
A. Any owner holding a license to operate one or more taxicabs or rent cars as provided in this chapter, who desires to add to the number of such vehicles, shall do so only upon obtaining a license therefor, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this chapter for obtaining the original license and upon paying the license fee required for such additional vehicle.

B. Any owner holding a license to operate one or more taxicabs or rent cars, as provided in this chapter, who desires to substitute a different vehicle for a vehicle operated under such license, shall do so only upon obtaining from the council permission therefor, which shall be granted only upon written application setting forth the particulars of such proposed substitution, and upon otherwise complying with the requirements of this chapter, provided that the city clerk may issue a temporary license to make a substitution which shall be valid only until the first regular meeting of the city council next following the date of issuance.

C. The city council shall have the same authority in granting or denying such application for permission to add or substitute, as is hereinbefore in this chapter vested in it, in the matter of an original application. (Ord. 17 § 7, 1948)

5.60.080 Liability insurance—Required.
It is unlawful to drive or operate or cause or permit to be driven or operated any taxicab or rent car in the city of Brentwood unless the owner thereof shall have obtained a motor vehicle liability insurance policy or policies from a responsible and solvent corporation, authorized to issue such policies under the laws of the state of California, insuring the owner and covering such taxicab or rent car, and also unless the owner shall file with the city clerk the written certificate or certificates of such corporation, all as provided in this chapter. The city clerk may at any time require an owner to replace any such policy within ten days from the date of any such notice, with a policy and a certificate thereof, both in accordance with the provisions of this chapter. Then, at the termination of the ten days, the owner’s license for the taxicab or rent car covered by such policy shall be, by such failure, automatically suspended until such time as the requirement is complied with, or the license is revoked, whichever is sooner. (Ord. 17 § 8, 1948)

5.60.090 Liability insurance—Policy described.
Each motor vehicle liability insurance policy required under the provisions of Section 5.60.080, in addition to the provisions required to be therein under the laws of the state of California, shall provide coverage under the National Standard Liability Form and shall also provide that:

A. Such policy covers any and all taxicabs or rent cars which may be driven or operated by or for the owner insured under the policy and regardless of whether of not any license has been granted the insured under the provisions of this chapter;

B. Such policy insures the owner, as defined in this chapter, and any other person driving, using or responsible for the use of any taxicab or rent car covered by the policy, with the consent, express or implied, of the owner, and also the city of Brentwood, against loss from the liability imposed on any of them by law for injury to, or death of any person, or damage to property arising from or growing out of the maintenance, operation or ownership of any taxicab or rent car covered by the policy to the amount or limit of ten thousand dollars exclusive of interest and costs, on account of injury to, or death of any one person, of twenty-five thousand dollars, exclusive of interest and costs, on account of any one accident resulting in injury to, or death of more than one person, and of five thousand dollars for damage to property of others, resulting from any one accident;

C. Such policy is a continuing liability up to the full amount thereof, notwithstanding any recovery thereon;

D. Such policy, in the event of the death of the owner, inures to, and is for the benefit and protection of any person who sustains or suffers any damage or injury, or to the heirs or legal representatives of any such person, as the case may be, who may be so damaged or injured or suffer death, by reason of the negligent operation of any taxicab or rent car covered by the policy during the period covered by the policy and the life of the owner, and any such person, or the heirs or legal representatives of any such person, as the case may be, may in such event, sue the insurance carrier, provided that any such action must be brought within the period of time that an action on the policy could have been brought against the owner if he had not died and that no recovery can be had in such action in excess of the limits of the policy, and further provided that the payments required to be made, in such event shall be made directly to any such person, or the heirs or legal representatives of any such person, as the case may be. (Ord. 17 § 9, 1948)

5.60.100 Liability insurance—Filing of bond in lieu.
A. Subject to the approval of the city council, the owner of any taxicab or rent car or cars operated under the provisions of this chapter, may file a bond of a responsible and solvent corporation authorized to issue such bonds under the laws of the state of California, containing the conditions and giving the protection required in the motor vehicle liability insurance policy required by Sections 5.60.060 through 5.60.080 in lieu of either, all or any part of the insurance coverage required by these sections.

B. In the event of the filing of a bond under the provisions of this section, the applicable provisions of Sections 5.60.080 through 5.60.100 shall govern the furnishing and the contents of such bond and the owner filing it. (Ord. 17 § 10, 1948)

5.60.110 Driver’s permit—Required.
It is unlawful for any driver to operate any taxicab or rent car in the city of Brentwood unless there exists a valid permit to do so as herein provided. The application for such driver’s permit shall be in writing, duly certified under oath, and it shall be filed with the city clerk, who shall file the same. Each such application shall set forth the name, age and address of the applicant, his past experience in operating automobiles, the name, business and address of each of his employers during the preceding period of three years, whether or not a chauffeur’s license issued to him by the state of California or any state or governmental agency has ever been revoked, the name and address of the owner by whom he is to be employed as a driver, which owner shall endorse the application. (Ord. 17 § 11, 1948)

5.60.120 Driver’s permit—Application form—Issuance restrictions.
A. Upon application for a driver’s permit and before it is issued, the driver, whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws of the city of Brentwood and the state of California, and demonstrate his ability to operate a taxicab or rent car, all to the satisfaction of the city clerk.

B. Upon satisfying the foregoing requirements, the driver shall be fingerprinted by, and his record filed in, the police department bureau of identification. The driver shall also file with his application two recent photographs (one and one-half inches by one and one-half inches), one to be filed with his application and one to be permanently attached to his driver’s permit when issued, which permit shall be posted in a place conspicuous from the passenger’s compartment of the taxicab or rent car while the driver is operating same. Every driver’s permit issued hereunder shall set forth the name of the owner for whom the driver is authorized to operate a taxicab or rent car and shall be valid only so long as he continues in the employ of such owner.

C. Upon the termination of such employment the driver shall forthwith surrender his driver’s permit to the city clerk.

D. No such driver’s permit shall be granted to any person under the age of eighteen years.

E. Such driver’s permit may be denied upon substantial evidence of facts of either physical or moral deficiencies of the applicant which, in the sound discretion of the chief of police, would render such applicant not competent to operate a taxicab or rent car.

F. No such driver’s permit issued hereunder shall be transferrable in any event.

G. Upon the termination of the employment of any driver, the owner for whom such driver has been working shall immediately give the city clerk written notice of such termination. (Ord. 17 § 13, 1948)

5.60.130 Driver’s permit—Suspension or revocation.
A. The chief of police shall have the power to suspend or revoke any driver’s permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof is found guilty by any court of reckless driving, or the violation of any other law. The chief of police shall in writing forthwith report any such suspension or revocation to the city council, stating the reasons for such action.

B. The city council may affirm or reverse, in whole or in part, any such order on a written appeal filed with the city clerk by the driver within ten days from the date of any such order.

C. In the event of such suspension or revocation of a driver’s permit, such permit shall be forthwith surrendered to the city clerk by the holder thereof. (Ord. 17 § 14, 1948)

5.60.140 License—Driver’s permit—Term.
Except as otherwise provided in this chapter, each owner’s license and driver’s permit shall be issued for one year, shall expire at the end of the term for which issued, and may be renewed each year only on regular application made as required in this chapter. (Ord. 17 § 18, 1948)

5.60.150 Rules of fare—Posting, fixing and changing.
A. There shall be displayed in the passenger compartment of each taxicab or rent car, in full view of the passenger, a card not less than two inches by four inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which the owner operates, the business address and telephone number of the owner, and a correct schedule of the rates to be charged for conveyance in the vehicle.

B. It is unlawful, except for trips to or from points outside the city of Brentwood where the charge is fixed on a trip basis, for the owner or driver of any taxicab or rent car, as defined in Section 5.60.010, to fix or charge or collect a rate in excess of the rate schedule filed by the owner of the vehicle with the city clerk. Before operation of such vehicle under any license issued under the provisions of this chapter, the owner shall file with the city clerk in duplicate a complete rate schedule to be charged to a passenger or passengers of such taxicab or rent car, and the city clerk shall file a copy thereof with the chief of police and report to the city council at its next regular meeting the rate schedule so filed. A changed rate schedule may likewise be filed from time to time by the owner but no changes shall be made thereon until consent to such new schedule has been given by resolution of the city council.

C. In case any taxicab or rent car becomes disabled or breaks down while conveying passengers for hire, the time of stoppage shall be deducted from the time charged for. (Ord. 17 § 15, 1948)

5.60.160 Vehicle—Specifications—Duty of license collector to keep records.
A. No vehicle shall, under the license to the owner, be operated as a taxicab or rent car unless it conforms with all of the provisions of this chapter.

B. Each taxicab or rent car so licensed shall have on both sides and the rear of the vehicle the name of the owner, or name under which operated, the word “Brentwood” and the number assigned to such vehicle by the license collector. The type, design and size required therefor shall be as may be designated by the city council by resolution.

C. At the time of the issuance of a license for the operation of any vehicle hereunder, the license collector shall assign to and for that vehicle a number not in excess of the total number of licensed vehicles, shall keep a record of the number so assigned, and shall file a copy of such record with the chief of police. Upon the effective date of the ordinance codified in this chapter, the license collector shall assign, record in his office, and file a copy in the same manner, to and for each such vehicle licensed to be operated at the effective date of the ordinance codified in this chapter, and each owner so licensed to operate that vehicle, shall within thirty days after the effective date of the ordinance codified in this chapter, comply with all provisions of this subsection as respects that vehicle, including the number so assigned. (Ord. 17 § 16, 1948)

5.60.170 Vehicle—Standards for operation and maintenance.
A. Before a license is issued to any owner, the vehicle for which such license is required shall be delivered to a place designated by the city council for inspection, and the city council shall designate an agent or agents to inspect such taxicab or rent car, its equipment and taximeter if any, to ascertain whether such taxicab or rent car complies with the provisions of this chapter.

B. The chief of police, or any member of the police department of the city of Brentwood under his direction, shall have the right at any time after displaying proper identification, to enter into or upon any licensed taxicab or rent car for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

C. Any taxicab or rent car which is found after such inspection to be in such violation shall be immediately ordered out of service, and before again being placed in service, shall be placed in a safe and proper condition.

D. The interior of each taxicab or rent car shall be thoroughly cleaned at least once in each twenty-four hours, and all property of value left in any such vehicle by a passenger shall be forthwith reported by the owner of the licensed vehicle to the chief of police, who shall keep a record thereof.

E. Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously.

F. It is unlawful for any person to refuse to pay the lawful fare as fixed, of any of the vehicles regulated by this chapter after employing or hiring the same and any person so doing is guilty of a misdemeanor.

G. No driver of any taxicab or rent car shall accept or take into his vehicle or transport any greater number of passengers than the rated seating capacity of his vehicle. However, children under twelve years of age with adult escort may be taken in addition thereto. (Ord. 17 § 17, 1948)

5.60.180 Violation a misdemeanor—Penalty—Continuing offenses.
A. Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a forfeiture of his license or permit and by a fine not exceeding five hundred dollars, or by such forfeiture and imprisonment in jail for not more than six months, or by such forfeiture, fine and imprisonment.

B. For the purpose of this chapter, each day during which any provision of this chapter is violated constitutes a distinct and separate offense. (Ord. 17 § 19, 1948)

METER RATES

RATE 1.

FLAG DROP $2.50
$2.50 PER MILE THERE AFTER
WAITING TIME $25.00 PER HOUR

RATE 2.

FLAG DROP $2.50
$3.00 PER MILE THERE AFTER
WAITING TIME $30.00 PER HOUR

EXTRA:
DISCOVERY BAY, BETHEL ISLAND $10.00


 
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