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HomeMy WebLinkAbout28-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel Clark, City Clerk Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino to provide for an increase in rates for taxicab service Dept: City Clerk Date: March 30, 20040 RIG 1 N A L MICC Meeting Date: April 19, 2004 Synopsis of Previous Council Action: 5/15/89 Ordinance No. MC-659 adopted by the Mayor and Common Council to provide for an increase in rates for taxicab service. Recommended Motion: Adopt resolution C\.~h.~ Signature Contact person: ~inrty RIIAr.hh.r. RR ~lIpV phnn~.~?nn Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Ar.r.t n.."r.rirtinn) Finance: Council Notes: 'i2.~:!l-'2m4 -II 0 Agenda Item No. ..zr LJ/J1/0'l CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT Submitted by: City Clerk's Office Council Meeting of April 19, 2004 Subiect A Resolution of the Mayor and Common Council of the City of San Bernardino to provide for an increase in rates for taxicab service. Background On March 4, 2004, the City Clerk's office received a petition for taxicab rate increases from San Bernardino Yellow & Bell Cab. This petition was heard at a special meeting of the Bureau of Franchises held March 23, 2004. The Bureau unanimously agreed that the taxicab rate increases requested by San Bernardino Yellow & Bell Cab be forwarded to the Mayor and Common Council for approval. The last increase for taxicab rates occurred with the approval of Ordinance No. MC-659 adopted on May 15,1989. The petition received from San Bernardino Yellow & Bell Cab (attachment A), states that "This request is critical in mitigating excessive cost increases in insurance, fuel, and operating costs". The petition requests the following increases in taxicab rates: . An increase in the flag drop or start up cost from $1.90 to $2.00 (first 1/l0th mile) . A modification of the mileage charge from $1.80 to $2.00 per mile. In addition, as a result of discussion at the Bureau's Special Meeting, San Bernardino Yellow & Bell Cab also requested a change in the waiting time rate and/or traffic delay charge. This change would be as follows: . An increase in waiting time and/or traffic delay charge from $18.00 per hour ($0.30 per minute) to $24.00 per hour ($0.40 per minute). In support of their request, San Bernardino Yellow & Bell Cab states that the City of Ontario, on March 2, 2004, approved and adopted the same rate increases being requested in the City of San Bernardino. Additionally, Yellow and Bell Cab indicates that approximately two years ago the Los Angeles City Council adopted the identical rate change being requested for the City of San Bernardino. Financial Impact None 1 Recommendation Adopt resolution 2 San Bernardino Yellow & Bell Cab 1510 West Fifth Street San Bernardino. CA 92411 Phone (909) 884-6100 Fax (909) 884-3388 March 4, 2004 Dr. Louis Femandez Chairman Bureau of Franchise City of San Bemardino 300 North 0 Street San Bemardino, CA 92418 ~ ;z; rT1 CJ !'l7; ::l: <~ = ::0 I ::.~ .l>o -' a ., , f- a :n \0 .'. ;J: RE: Petition for Taxicab rate increase Dear Chairman Femandez: Please consider this letter to be a formal request for a modest increase in our taxicab rate charged in the city and county of San Bemardino. The rate change requested would be a modification of the flag drop, or start up cost from $1.90 (first 1/9 mile) to $2.00 (first 1/10 mile). Additionally. A modification of the mileage charge from $1.80 per mile to $2.00 per mile is requested. In support of this request we feel it is important to inform you that, most recently, on March 2nd 2004, the City Council of Ontario approved and adopted by resolution the same request for Taxicab rate change detailed in this letter before you now. (See attached consent calendar). This action effective April 01,2004. Additionally, the Cities of Pomona and Montclair have also approved and adopted the same just weeks prior to the City of Ontario. In further support of our request we believe it is important that you be aware that approximately two (2) years ago, when gas prices jumped from $1.40 to $1.70 per gallon the City Council of Los Angeles by recommendation of the LADOT approved and adopted this identical Taxicab rate change. This request is critical in mitigating excessive cost increases in insurance, fuel, and operating costs. Our company, specifically, San Bemardino Yellow Cab, has not had a rate increase for at least the last ten (10) years (per San Bemardino County Dept, of Weights and measures), and regrets having to make this request, but it has now become essential to stabilizing operating cost and continuing to provide safe and courteous service to residents, visitors and businesses of the City and County of San Bemardino. Thank you in advance for your consideration and prompt attention to this matter. Jonathan .Chris" Christman General Manager San Bemardino Yellow & Bell Cab /-If/ti{i/IJlltll A Sections: 5.76.010 5.76.020 5.76.030 5.76.040 5.76.050 5.76.060 5.76.070 5.76.080 5.76.090 5.76.100 5.76.110 5.76.120 5.76.130 5.76.140 5.76.150 5.76.160 5.76.170 5.76.180 5.76.190 ~5.76.200 5.76.210 5.76.220 ~ 5.76.230 ~ 5.76.240 ~ 5.76.250 ~ 5.76.260 5.76.270 5.76.280 5.76.290 5.76.300 5.76.310 5.76.320 5.76.330 5.76.340 Chapter 5.76 TAXICABS, AMBULANCES AND CHARTERED VEHICLES'o Short title. Definitions. Permit-Required. Permit-Petition for-Requirements-Filing fees. Permit-Issuance - Hearings. Permit-Issuance - Increase in Service. Transfer of certificates Notice of amendments. Dial-a-ride service. Only authorized service permitted. Revocation, suspension and cancellation of permits-Notice-Hearing. License-Fees-Reports on charter vehicle hire. Display of permit plates. Insurance-Towing, ambulance and wheelchair passenger transportation carriers. Insurance-Taxicabs. Numbering of vehicles. Advertising. Availability of service. Cruising and loading. Rates-Minimum and maximum for taxicab Service. Rates-Dial-a-ride taxicab. Rates-Minimum and maximum for limousine and chartered vehicle service. Rates-Established. Change in rates. Discrimination of rates prohibited. Rates to be displayed. Refusal to pay fare. Drivers. Investigation of drivers. Identification of vehicles. Identity lights. Route-Passenger limit in taxicabs. Equipment-Inspection. Taximeter required-Inspection-Operation. IOFor statutory provisions authorizing local authorities to license and regulate vehicles for hire, see Vehicle Code 9916501,21100, and 21112; for provisions on the financial responsibility of commercial passenger vehicles, see Vehicle Code 916500 et seq.; for provisions on privately owned and operated ambulances, see Vehicle Code 92500 et seq. [Rev. June 2,2003] 5-115 .iI.I//J/JJJ/1/t7J1-f X numbered. Such number shall be painted upon the body of the vehicle in numerals not less than four inches nor more than six inches in height in a positron, or positions, approved by the bureau. A City permit plate shall be attached to each vehicle. (Ord 2733,1966; Ord. 1987910,1953.) 5.76.170 Advertising. No advertising or advertising device shall be placed on or in any vehicle operated under this Chapter without the approval of the Bureau. (Ord 2078 (part), 1955; Ord. 1987911,1953) 5.76.180 Availability of service. Taxicab service shall be available at all times by telephone call, by engagement of the taxicab when standing at a regularly assigned stand, or when hailed from the street or curb. It is unlawful for any carrier or driver of a taxicab to refuse or neglect to transport any orderly person or persons upon request anywhere in the City when a taxicab or such carrier is standing in a regularly assigned taxistand. and such service shall be rendered immediately upon request. (Ord 1987912,1953.) 5.76.190 Cruising and loading. It is unlawful for any driver of any vehicle licensed under this Chapter, while driving such vehicle, to cruise, loiter or stop on a public street for the purpose of soliciting passengers or seeking a place in a taxistand which is already occupied. It shall be lawful, however, for such vehicle while proceeding to a regularly assigned taxistand, regularly established call station, or to the carrier's principal place of business, to accept employment when hailed from the street or curb, provided that it is unlawful for such driver to accept passengers at any of the following places; A. In any marked or unmarked crosswalk; B. At any regularly established bus stop; C. At any place in a street except alongside a curb; D. Alongside any curb opposite a regularly established and marked traffic safety zone. (Ord. 1987913,1953.) 5.76.200 Rates - Minimum and maximum for taxicab service. A. The rates or fares to be charged the public for taxicab service shall be in accordance with and as prescribed by the carrier's permit, the Bureau and the Mayor and Common Council, and shall be not less than the minimum nor more than the maximum rates which are fixed in this section; provided, however, that dial-a-ride taxicab rates are excepted from the provisions of this section. B The minimum rate shall be forty-five cents for the one-quarter mile, or flagdrop; ten cents for each additional two-fifths mile or fraction thereof. The minimum waiting time rate shall be four dollars per hour. The minimum traffic delay charge shall be fifteen cents per minute. [Rev. June 2, 2003] 5-]26 @~ C The maximum rate shall be one dollar ninety cents for the first one-tenth mile, or flagdrop; twenty eight cents for each additional one-fifth mile or fraction thereof. The maximum waiting time rate shall be fifteen dollars per hour. The maximum traffic delay charge shall be twenty five cents per minute (Ord. MC-659, 5-15-89; Ord MC-497, 2-3-86; Ord. 3750 91,1978; Ord. 3485 (part), 1975, Ord. 3412,1974; Ord. 3406,1974; Ord. 1987914,1953.) 5_76,210 Rates - Dial-a-ride taxicab. The rates or fares to be charged the public by dial-a-ride taxicab shall be established by the Mayor and Common Council. (Ord 3485 (part), 1975; Ord. 1987 914Y" 1953) 5.76.220 Rates. Minimum and maximum for limousine and chartered vehicle service. A. The rates or fares to be charged the public for chauffeured limousine and charted vehicle service shall be in accordance with the carrier's permit and as prescribed by the Bureau and the Mayor and Common Council, and shall be not less than the minimum nor more than the maximum rates which are fixed in this section. B. The minimum rate shall be five dollars per hour or forty cents per mile, whichever is the greater, and hourly rate shall be computed in fractions of one-half hour. The minimum charge for chauffeured limousine service shall be the rate for the one-half hour. C. The maximum rate shall be seven dollars per hour or sixty cents per mile, whichever is the greater, and the hourly rate shall be computed in fraction of one-half hour. D, The foregoing rates shall apply to time or mileage whichever is the greater, upon departure from the carrier's principal place of business in the City and until return thereto. (Ord. 3022 (Part), 1969; Ord. 1987915,1953) 5.76.230 Rates - Established, No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicles, or by any ambulance carrier for its services as covered by this Chapter until the Bureau, after a hearing upon its own motion, or upon application, or complaint, has found and determined the rate to be just, reasonable and nondiscriminatory, nor in any way, in violation of any provisions herein contained or any provisions of law; nor until the rate or fare has been established and authorized by the Bureau with the approval of the Mayor and Common Council. In establishing and authorizing such rates or fees, the Bureau shall take into account, and give due and reasonable consideration to the cost of all comparable transportation services performed by all persons, firms or corporations engaged in such transportation services for compensation in the City, whether by virtue of any franchise granted by the Common Councilor otherwise, including length of haul, any additional transportation service performed, or of any accessory service, [Rev. June 2, 2003J 5-127 and to value of the facilities reasonably necessary to perform such transportation service. (Ord MC-943. 6-5-95. Ord. 2078 (part). 1955. Ord. 1987916.1953) (City Attorney Opmion No. 89-24) 5.76.240 Change in rates ~ The bureau shall have power. upon a hearing upon its own motion. or upon application. or complaint. to Investigate a single rate or fare. or the entire schedule of fares in effect. charged, demanded or collected for the transportation services by vehicles covered by this Chapter. and with the approval of the Mayor and Common Council. establish a new rate. fare or schedule of fares in lieu thereof. (Ord 2078 (part). 1955; Ord. 1987917.1953) 5.76.250 Discrimination of rates prohibited. It is unlawful for any carrier. or any agent or employee thereof. or any driver or operator of any vehicle covered by this Chapter. to charge. collect. demand. receive. arrange. solicit. or bargain for any amount of compensation in excess of. or less than. the rates or fares established and authorized by the Bureau. (Ord. 1987918, 1953.) 5.76.260 Rates to be displayed. Every vehicle used or operated under this Chapter shall. at all times. have displayed therein. in a location and manner approved by the Bureau. the rates to be charged for such service. and which rates shall always be visible. (Ord 2078 (part), 1955; Ord. 1987919.1953.) 5.76.270 Refusal to pay fare. It is unlawful for any person to refuse to pay the authorized fare of any of the vehicles mentioned in this Chapter after having employed the same. and it is unlawful for any person to hire any vehicle defined in Section 5.76.020 with intent to defraud the person from whom It is hired or engaged. of the value of such service. (Ord 1987 920. 1953) 5.76.280 Drivers. A. Vehicles covered by this Chapter shall be operated only by the carrier. if a person. or by a person employed by the carrier. or by a person authorized by lease. contract or other arrangement. with a carrier to operate a vehicle under such carrier's permit; each such authorized person shall be subject to and comply with all the applicable provisions of this Chapter. and no carrier shall impose upon such person any contractual terms or conditions inconsistent with those set forth in this Chapter. If the applicant is not an employee. the proposed arrangement. contract. or lease under which such authority is to be exercised shall be submitted in writing to the secretary of the Bureau. The secretary of the Bureau shall. after he has conducted or caused to be conducted such review and investigation as he deems necessary. approve or reject the proposed arrangement. contract or lease and shall communicate his decision to the applicant within ten days after the proposed arrangement. contract. or lease has been submitted. If the secretary of the Bureau fails to [Rev. June 2. 2003J 5-128 i I t~f1f 1 c RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO TO PROVIDE FOR AN INCREASE IN RATES FOR 4 TAXICAB SERVICE. 5 WHEREAS, previously San Bernardino Municipal Code Section 5.76.200 established rates for taxi service in San Bernardino, and 6 7 WHEREAS, concurrent with the adoption of this Resolution, the Mayor and Common Council would be adopting an amendment to San Bernardino Municipal Code Section 8 5.76.200. 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 11 SECTION 1. The maximum rates for taxicab service shall be as follows: 12 A. The maximum rate for the first 1/lOth mile or flag drop shall be $2.00. 13 B. The maximum mileage rate shall be $0.20 for each additional 1/lOth mile or fraction 0 14 thereof ($2.00 per mile). 15 16 C. The maximum waiting time and/or traffic delay charge shall be $0.20 for every 30 17 seconds or fraction thereof ($0040 per minute, or $24.00 per hour). 18 This resolution shall take effect upon the effective date of the companion ordinance amending 19 Section 5.76.200 of the San Bernardino Municipal Code. 20 III 21 III 22 23 III 24 III 25 III 26 III C 27 III 28 )fo, 11 'I!Jq I nL/ '" ! I c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO PROVIDE FOR AN INCREASE IN RATES FOR TAXICAB SERVICE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorn By: