HomeMy WebLinkAbout1996-04-01 City Council (19)City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
AGENDA DATE: April 1, 1996 CMR:205:96
SUBJECT:Ordinance Amending Chapter 4.42 of the Palo Alto Municipal Code
Regulating Taxicabs and Other For-Hire Vehicles
REQUEST
This report requests Council approval of the attached ordinance amending Palo Alto’s Mtmicipal
Code Chapter 4.42 regulating taxicab and other for-hire vehicles. The amendments to the
ordinance are necessary in order to bring the City’s regulations into conformance with recently
approved State law that requires cities and counties, who regulate taxicab transportation
services, to adopt policies governing mandatory controlled substance and alcohol testing
certification for drivers of taxicabs and other for-hire vehicles.
An additional change broadening the exemption for certain specific paratransit services is also
included in the proposed ordinance. This change is requested to assist Bay Area public transit
agencies in providing successful paratransit services for the disabled.
RECOMMENDATIONS
Staffrecommends that Council adopt the attached ordinance amending Chapter 4.42 of the Palo
Alto Municipal Code regulating taxicabs and for-hire vehicles.
POLICY IMPLICATIONS
The proposed ordinance would incorporate the state mandated alcohol/controlled substance
testing certification program into the City’s Municipal Code. It would also expand the
exemption of the American with Disabilities Act (ADA) paratransit service providers. Under
the City’s current ordinance, only Santa Clara County ADA paratransit service providers,
except for intra-City trips, are exempt. The proposed ordinance would expand the exemption
to all government sponsored ADA paratransit providers, including those who provide intra-City
trips.
CMR:205:96 Page 1 of 4
EXECUTIVE SUMMARY
Alcohol/Substance Testing
Senate Bill No. 46 that was passed by the State Legislature and signed by the Govemor in
August 1995, amends Section 53075.5 of the Government Code. This law, which became
effective January 1, 1996, requires every city and county, regulating taxis that operate within
their jurisdiction, to provide for a mandatory controlled substance and alcohol testing
certification program similar to that required for commercial track drivers. Previously, state law
required every city and county to adopt an ordinance, regarding taxicab transportation services,
including provisions for policies for the entry into the business of providing taxicab
transportation services and for the establishment or registration of rates for the provision of that
service. This bill adds the requirement for cities and counties to provide for a specified
mandatory controlled substance and alcohol testing certification program.
The proposed ordinance would amend Palo Alto Municipal Code Chapter 4.42 in order to
comply with this state legislation. The intent of the legislation and the ordinance is to provide
another level of protection for the public and to address safety concerns related to taxicab and
for-hire vehicle drivers, who may operate their vehicles while under the influence of alcohol
or drugs. Similar public protection measures already in place under the existing ordinance
include annual vehicle safety inspections, minimum liability insurance limits, and a driver
permit process that includes criminal history and driver history checks.
While the new legislation mandates that local jurisdictions adopt certain regulatory policies for
taxicab services relative to mandatory controlled substance and alcohol testing certification
programs, it does not require local governments to administer these programs.
Therefore, under the proposed ordinance, all taxicabs and for-hire company owners will be
required to maintain a testing certification program for all drivers of their vehicles operated
under the certificate issued by the City. It requires the owners to certify to the Police
Department, at the time they obtain and renew their permits, that they have a required testing
program in place and that all drivers have tested negatively. Additionally, the Police
Department will not issue or renew a driver’s permit unless both the company owner and the
applicant certify that he/she is in compliance with the testing program.
Exemption Expansion
In 1990, under the mandates of ADA, all public transit agencies must provide paratransit
services for individuals with disabilities who cannot use fixed route service. In January 1992,
the Santa Clam County Transit District Board of Supervisors adopted an ADA Paratransit Plan
that provides a five year phase-in of the County-managed ADA services, with full compliance
CMR:205:96 Page 2 of 4
reached in 1997. Under this plan, Palo Alto’s Project Mobility program ended in 1994 and was
replaced by the District program.
Palo Alto’s current ordinance prohibits taxicab companies and public transportation vehicles
(i.e., those that are not regulated by the California Public Utilities Commission) from operating
in the City without a certificate of public convenience and necessity, but contains an exemption,
for inter-city ADA taxicab trips provided under contract with Santa Clara County Transit
District ("District") or a broker designated by the District, from regulations set forth by Chapter
4.42. This exemption was passed by Council in 1994 (CMR:271:94) in order to assist Santa
Clara County in providing successful paratransit services throughout our community.
The District hired a broker, OUTREACH Incorporated of San Jose, to manage the countywide
program. In the spring of 1994, OUTREACH approached staff and requested that the City’s
taxicab ordinance be amended to include the exemption now in place. Staff believes that the
exemption should be broadened to include ADA paratransit trips provided under contract with
any government agency, or by those under contract with a broker designated by any government
agency. The intent is to assist all government agencies in providing successful paratransit
services to the disabled. The broadened exemption realizes and accommodates the disabled
community’s need to cross county lines.
The proposed ordinance would exempt ADA paratransit service providers (both taxicabs and
public transportation vehicles), who are under government contract or under contract with a
broker designated by any government agency while in the performance of providing paratransit
services to eligible individuals, from the regulatory requirements of Chapter 4.42. All other for-
hire vehicles operating within the City limits would continue to be governed by Palo Alto’s
ordinance and would not be afforded any exemption.
FISCAL IMPACT
There is no fiscal impact associated with this ordinance.
ENVIRONMENTAL ASSESSMENT
This ordinance does not constitute a project for purposes of CEQA.
ATTACHMENTS
CMR:271:94
Ordinance
CMR:205:96 Page 3 of 4
PREPARED BY:Judy Glaes, Code Enforcement Officer
Lynne Johnson, Assistant Police Chief
DEPARTMENT HEAD REVIEW:
DURKIN, Police Chief
CITY MANAGER APPROVAL:
JUNE CITY
CMR:205:96 Page 4 of 4
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 4.42 OF TITLE 4 OF THE PALO ALTO
MUNICIPAL CODE TO ADD SECTION 4.42.085 IMPOSING
REQUIREMENTS FOR CONTROLLED SUBSTANCE AND ALCOHOL
TESTING OF DRIVERS OF TAXICABS AND OTHER FOR-HIRE
VEHICLES, AMENDING SECTION 4.42.010(A) EXEMPTING
PARATRANSIT PROVIDERS LrNDER CONTRACT WITH OTHER
GOVERNMENT AGENCIES FROM THE REGULATIONS OF
CHAPTER 4.42, AND REPEALING SECTION 4.42.020(B) OF
CHAPTER 4.42 TO CONFORM TO THE CHANGESTO SECTION
4.42.010(A) OF CHAPTER 4.42
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. The City Council finds as follows:
i. Senate Bill No. 46 (Chapter 405) of the 1995-1996
Regular Session of the California Legislature, operative on January
!, 1996, made amendments to the regulatory controls which cities
and counties are required to enact regarding taxicabs to add the
requirement that taxicab drivers be tested for controlled
substances and .alcohol as a condition for operation in their
jurisdiction.
2. The City must make amendments to those provisions of
Chapter 4.42 of Title 4 of the Palo Alto Municipal Code in order to
conform its regulations concerning drivers of taxicabs and other
for-hire vehicles to the requirements of these recently adopted
state law changes.
3. The Council also desires to broaden the exemption from
regulation of taxicab and other for-hire vehicles under Chapter
4.42 to exempt those paratransit operators providing certain
transportation services effectuating the Americans with
Disabilities Act of 1990 under contract with any other governmental
agencies. Those government agencies providing such paratransit
services have the expertise and the legal obligation to regulate
the provision of paratransit services under their contracts, and
the Council finds that it is unnecessary and undesirable for this
city to further regulate the provision of those governmental
services.
SECTION 2. Chapter 4.42 of Title 4 of the Palo Alto
Municipal Code, entitled "Taxicabs and Other For-Hire Vehicles", is
hereby amended to add section 4.42.085 to read as follows:
"4.42.085 Testing of drivers for controlled
substances and alcohol.
(a) Each holder of a certificate of public
convenience and necessity shall maintain a mandatory
controlled substance and alcohol testing certification
960325 syn 0042494
program conforming to Part 40 of Title 49 of the Code of
Federal Regulations for all drivers of vehicles operated
under the certificate. Under the program and the
requirements of this section, a negative test for alcohol
means an alcohol screening test showing a breath alcohol
concentration of less than 0.02 percent. The program shall
contain requirements for rehabilitation and for return-to-
duty and follow-up testing and other requirements
conforming substantially to Part 382 of Title 49 of the
Code of Federa! Regulations.
(b) No certificate of public convenience and
necessity shall be issued or renewed unless the holder at
the time of certificate issuance or renewal files with the
police department a certification that the holder maintains
a mandatory controlled substance and alcohol testing
certification program conforming to Part 40 of Title 49 of
the Code of Federal Regulations for all drivers of vehicles
operated under the certificate. The program shall contain
requirements for rehabilitation and for return-to-duty and
follow-up testing and other requirements conforming
substantially to Part 382 of Title 49 of the Code of
Federal Regulations.
(c) No certificate of public convenience and
necessity shall be issued or renewed unless the holder at
the time of certificate issuance or renewal files with the
police department a certification that, prior to employment
with the holder of a certificate of public convenience and
necessity, each driver of vehicles operated under the
certificate has tested negatively for controlled substances
under a mandatory controlled substance testing
certification program conforming to Part 40 of Title 49 of
the Code of Federa! Regulations.
(d) No certificate of public convenience and
necessity shall be issued or renewed unless the holder at
the time of certificate issuance or renewal shall file with
the police department a certification that each driver of
vehicles operated under the certificate has tested
negatively for controlled substances and alcohol under a
mandatory controlled substance and alcohol testing
certification program conforming to Part 40 of Title 49 of
the Code of Federal Regulations.
(e) No driver’s permit shall be issued or renewed
unless the applicant and the certificate holder for which
the driver is authorized to operate a vehicle both certify
that the driver is in compliance with a mandatory
controlled substance and alcohol testing certification
program conforming to Part 40 of Title 49 of the Code of
Federal Regulations."
960325 syn 0042494
SECTION o. Chapter 4.42, section 4.42.010, subsection (a),
of Title 4 of the Palo Alto Municipal Code is amended to read as
follows:
SECTION 4. Chapter 4.42, section 4.42.020, subsection (b),
is hereby repealed in its entirety.
SECTION 5. The Council finds that the provisions of this
ordinance do not constitute a project under the California
Environmental Quality Act.
SECTION 6. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT :
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Police Chief
960325 syn 0042494
May 12, 1994
THE HONORABLE CITY CouNCIL
Palo Alto, California
Ordinance Amendinq Chapter 4.42 of the Palo Alto Municipal Code
Relatinq to Taxicabs
Members of the Council:
Report in Brief
This report recommends adoption of a proposed ordinance amending
Palo Alto’s Municipal Code regarding taxicab regulations. The
primary change would exempt certain specific paratransit taxicab
services from Palo Alto’s taxicab regulations. This change is
proposed in order to assist Santa Clara County in providing
successful paratransit services for disabled Palo Alto residents,
as well as to residents of the entire county. The other changes
proposed by staff are intended to clarify and strengthen Palo
Alto’s taxicab regulations in general.
Backqround
In 1990, Congress enacted the Americans with Disabilities Act
(ADA), which mandated that public transit agencies provide
paratransit services for individuals with disabilities who cannot
use fixed route service. In January 1992, the Santa Clara County
Transit District (District) Board of Supervisors adopted an ADA
Paratransit Plan that provides a five year phase-in of the County-
managed ADA services, with full compliance reached in 1997. Under
this plan, Palo Alto’s Project Mobility program, which began in
1975 and served residents of Palo Alto and the Stanford University
campus, will end on June 30, 1994 and be replaced by the District’s
program.
The District has hired a broker, OUTREACH Incorporated of San Jose,
a nonprofit agency with many years of experience as a paratransit
operator, to managethe countywide paratransit program. The broker
will conduct eligibility certification, contract with taxi and
wheelchair accessible van companies, and schedule rides and assign
them to the appropriate taxi and van operators. While Palo Alto
currently contracts with only one local taxicab company to serve
Palo Alto and Stanford residents, OUTREACH will contract with
multiple taxicab companies, in order to serve the entire county.
OUTREACH now is in the process of selecting one or more taxicab
companies to provide service to residents in the north county area.
CMR:271:94
To accommodate this new paratransit system, OUTREACH has requested
cities, including Palo Alto, to amend their taxicab ordinances to
allow non-local taxicab companies to provide inter-cityADA trips.
Inter-city trips are defined as the transportation of ADA~clients
from other cities to a destination within Palo Alto and their
return to the city of origin¯
Discussion
Palo Alto’s current ordinance prohibits taxicab companies from
operating in the City without a certificate of public convenience
and necessity. The proposed ordinance would allow only those
taxicab companies, authorized to provide inter-cityADA paratransit
broker business services to eligible individuals, to operate in the
City by exempting them from Palo Alto’s ordinance. OUTREACH’s
operating and insurance standards for exempted service providers
will be equal to, or higher, than those set forth by Palo Alto’s
regulations.
All other taxicab companies that operate within the City limits
would continue to be governed by Palo Alto’s ordinance and would
not be afforded any exemption.
The other recommended changes are intended to clarify and
strengthen the City’s ordinance in general. Specifically, they
would accomplish the following:
Raise the required minimum comprehensive automobile
liability limits to not less than $600,000 combined
single limit per occurrence, applicable to all owned,
non-owned and hired vehicles.
Under the current ordinance, the minimum liability limits
for each vehicle are $i00,000 for personal injury or
death of any one person in any one accident, and $300,000
for personal injuries or death of two or more persons in
any one accident, and $i00,000 for damage or destruction
of property in any one accident. These limits are lower
than those required by any other municipality in the
area, and staff feels they would be inadequate if a
serious accident were to occur.
Establish that all fees mandated by the taxicab code are
nonrefundable.
The current language is silent in this regard and staff
believes that, for clarification, specific language
should be included.
Clarify responsibilities for obtaining and maintaining
valid vehicle permits.
CMR:271:94 2
Again, the current ordinance is somewhat vague on this
issue. Staff believes that specific language requiring
annual permit renewals, annual vehicle inspections by the
police department, and the prohibition of drivers and/or
a certificate holder to drive unpermitted vehicles will
clearly outline the requirements that will help to ensure
the safety of taxicab users.
o Eliminate an existing definition of "taxi stand," as that
word appears nowhere else in the regulations°
So Update the definition of "taximeter" to reflect those in
use today.
Recommendation
Staff recommends that the Council adopt the attached ordinance that
amends Chapter 4°42 of the Palo Alto Municipal Code, to accommodate
the new Countywide paratransit program and incorporate other
changes which will strengthen the City’s current taxicab
regulations.
~~ctfulI~bmitted,
~tant ~hief
CHRIS DURKIN
Police Chief
BERNARD M.
Assistant City Manager
Attachment
cc:Roberta M. Gardella, OUTREACH, CEO/President
William Schweitzer, Yellow Cab Company of Palo Alto, Owner
Pamela and Curtis Bunch, Merit Taxi Service, Owners
Julia Fremon, Stanford University, Transportation Programs
Manager
CF[R:271:94 3
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AFIENDING CHAPTER 4.42 OF THE~ PALO ~LTO
MUNICIPAL CODE RELATING TO TAXICABS
follows:
The Council Of the City of Palo Alto does ORDAIN as
SECTION I. Section 4.42.010 of the
Municipal Code is hereby amended to read as follows:
Palo Alto
4.42.050 Defi~itio~So ~ For the purpose of -this
chapter, unless it is plainly evident from the context that a
different meaning is intended, certain terms used herein are
defined as follows:
~ !i~!~i~i! "Certificate holder" means any person,
partnership, fi~:i~association or corporation to whom a certificate
of public convenience and necessity is issued;
~ i~i~! "Driver" means a person in direct and immediate
possession or c~ge of driving or operating a taxicab, or public
transportation vehicle;
~ ~!i "Owner" means any person, firm, association or
corporation hav~ proprietary control of or right to proprietary
control of any vehicle as herein defined;
~ ~ "Public transportation vehicle~ means eve_~y
for-hire, unmet~:~d~automobile or motor-propelled vehicle having a
seating capacity of no more than five persons, excluding driver,
used in the business of transporting passengers over the streets of
this city, irrespective of whether such operations extend beyond
the city, and which is not regulated by the public utilities
commission;
~ j~i~i~ii "Street" or "highway" means a way or place of
whatever natur4"~~publicly maintained and opened to the use of
vehicular traffic;
~ ~ "Taxicab" means a motor-propelled vehicle
available on ~ ............... twenty-four hour a day basis used for the
transportation of passengers who direct the route to be traveled
over the streets, and not operated over a fixed route, for
compensation fixed by a taxi meter in accordance with the distance
traveled and/or the time elapsed;
~"T~_xi rector"means a mechanical
instrument or
~"
SECTION 2. Section 4.42.070 of the
Municipal Code is hereby amended to read as follows:
Palo Alto
4.42.020 Certificate of public convenience and
necessity.
i!i~i~i~iil ............It is unlawfu! for any person, partnership, firm,
associatio~:::::~r corporation, or the like, to provide taxicab or
public transportation vehicle service in this city without a
certificate of public convenience and necessity issued pursuant to
this chapter by the city manager or his/her designee.
SECTION 3. Section 4.42.020 of the
Municipal Code is hereby amended to read as follows:
Palo Alto
(a) Certificate holders shall render a service to the
public desiring to use taxicabs and public transportation vehicles.
Taxicab com.manies shal! keep their place of business open twenty-
four hours a day for the purpose of receiving calls and dispatching
vehicles.
(b) Certificate holders shall answer all requests
received by them for services inside the corporate limits as soon
as practicable; and, if the service cannot be rendered within a
reasonable time, the certificate holder shal! inform the
prospective passenger how long it will be before the call can be
2
answered and give the reason therefor. Any certificate may be
revoked after hearing when a certificate holder refuses to accept
a request for service anywhere within the corporate limits of the
city, having vehicles and drivers available for service.
(c) Certificate holders shall be responsible for the
business authorized by the certificate, including dispatch
services. A certificate holder shall assure that the vehicles
operated by the certificate holder are operable and in safe
condition. A certificate holder shall be responsible to provide
sufficient, permitted drivers to operate the business in accordance
with the requirements of the certificate and this chapter.
(d) Notice ~f change of business or dispatch address or
of telephone number shall be ~rovided the police department at
least seventy-two hours before said change is effected.
SECTION 4. Section 4.42.080 of the
Municipal Code is hereby amended to read as follows:
Palo ~to
iii~!~>i!i No certificate of public convenience and necessity
shall be i~ded or continued in operation unless there is in ful!
insurance in eee~..~ form p~sc~e~.~y~:.:.~ ~ ....~ c.~ ............
as the holder of the certificate of public convenience and
necessity are insured against liability for damage to property and
for injury to or death of any person as a result of the ownership
operation or other use thereof. The minimum liability limits ~
....~.~ ~uch ~-^~"~ ~.~- shal! not be less than ~ s~ hundred thousand
dollars ii~i~ii~i~i~i~ii~ii! on~~ ~= p~r=on~l ’~ ~~.~= ~n~.....................................i~_~ ~ or death
.... ~ _.. a~y one accident and ~ ~-~-~ ~ ......; dollars
on account -= the ..... ~ j~.~on~. in uries to or death of two or mere
-.- ....d ...., and the minimum __~: a~_._~ ~ ~, limi~z "~r~..
~-’~ ....~ ....~’~" being not less ~ .....~’-~-~ thousand dollars
{i}~ill Such policy of insurance shal! contain an
endorsemen:~~:~::~roviding that the policy will not be cancelled unti!
notice ~n writing has been given to the city, addressed in care of
3
at least thirty days immediately prior to the time ........ ~dh
cancellation becomes effective.
i~i~ii ~ .... ~ Such policy of insurance shal! name the
city, its ~fficers, agents and employees as .additional insureds.
ii~i~iil=~-~;;~~~~-~e~ ....,Certificate holders, vehicle owners
and driver~::::~hall indemnify, defend and hold harmless the city, its
officers, a~ents and empl~ ,ees, from claime,
arising negligence
~f-[K@ certificate holder,
owner or .river
SECTION 5. Section 4.42.090 of the
Municipal Code is hereby amended to read as follbws:
Pa!o Alto
4.42. 090 Vehicle permits.
.s .....c~.~-o ....nd upon pa3~ant of ~..c
=.......-~;~ for in the "’~.~ -~~,’e them ......p~. f~ s -~--treasurer
shall ~s~:, to the applicant a ~-~" ;-~ each v~:c~ -~ .... ~
c~.~.~catc holder, the "~ - . ....... ~ .... ~-,
make, mode! and cn~ine n,~--Tber of al! vehicles authorized under the
and ~ ’mhe~^~--~ shall..~c date cf ~ssuance .....p ....~-~
renewed on fic~-~. year basis and shal! bc ...~-_norse ..._--;
A copy of the pezw..it .h~=~~,~0 ....in the ......
....~.~cd by the pc!ice department.
4
SECTION 6. Section 4.42.130 of the
Municipal Code is hereby amended to read as follows:
Palo Alto
4.42.130 Driver’s permit, form display, use.
(a) Upon-approval of an application for a driver’s
permit and upon payment of the ~~~ fee provided for in
the municipal fee schedule, .th4::~*:::~::~:~:*::::~:~tment shall issue a
permit to the applicant. It shall bear the name and photograph of
the applicant, date of-expiration of the permit, and the name of
.the certificate holder for which the driver is .authorized to
operate a vehicle. Such permit shal! be mailed to the certificate
holder named therein and shal! be valid only so long as said driver
continues in the employ of such certificate holder.
(b) Such permit shall be displayed in the vehicle being
driven by thepermittee in such a place as to be in full view of
al! passengers in such vehicle.
(c) Upon the termination of any driver’s employment, the
certificate holder by whom such driver has been employed shall
immediately give the police department written notice of such
termination, the reasons therefor and shal! forthwith surrender
said driver’s permit to the chief of police for cancellation.
SECTION 7. Section 4.42.210 of the
Municipal Code is hereby amended to read as follows:
Alto
4.42.210
vehicles.
Interference with inspection. Inspection of
iii~i~i~iil It is unlawful for a certificate holder, owner or
driver of ~{~ vehicle defined in this chapter and operated in the
city to interfere with or prohibit any police officer of the city
or any person designated by the chief of police from at any time
inspecting or thoroughly examining any such vehicle or any taxi
meter used upon any taxicab.
SECTION 8. This is not a project under the California
Environmental Quality Act.
SECTION 9.This ordinance shall be effective on the
thirty-first day after the date of its adoption; provided, however,
that the increased insurance requirements enacted herein, as
9z05I 1 I~¢ 0030919
described in Section 4, shall~not apply to any current certificate
holder unti! July i, 1994.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED :
City Clerk Mayor
APPROVED ~ TO FORM:
Senior Asst. City Attorney
City Manager
Director of Finance
Director of Planning and
Community Environment
Chief Transportation Official
6940511 l~c 0030919