HomeMy WebLinkAbout1998 05-26 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY - MAY 26, 1998 - 6:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE.
INVOCATION
APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF
MAY 4, 1998 AND THE REGULAR MEETING OF MAY 12, 1998.
COUNCIL AGENDA
5/26/98 Page 2
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters which are of a routine or
noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
1. Resolution No. 98-55
Resolution of the City Council of the City of National City opposing the
Infrastructure Access Charge proposed by the San Diego County Water
Authority. (City Attorney)
2. Resolution No. 98-56
Resolution of the City Council of the City of National City awarding a contract
for the installation of a Fiber Optics Distribution System. (Engineering Spec.
98-102-1396). (Engineering)
3. WARRANT REGISTER #45 (Finance)
Ratification of Demands in the amount of $327,865.00.
ORDINANCES FOR INTRODUCTION
4. An Ordinance of the City Council of the City of National City amending the
National City Municipal Code by repealing Chapter 6.38 regarding "Taxis —
Vehicles for Hire" and amending Title 11 by adding Chapter 11.70 regulating
paratransit vehicles through adoption of San Diego Metropolitan Transit
Development Board (MTDB) codified Ordinance No. 11. (City Attorney)
COUNCIL AGENDA
5/26/98 Page 3
ORINANCES FOR INTRODUCTION (Cont.)
5. An Ordinance of the City Council of the City of National City amending Chapter
10.68 of the National City Municipal Code by retitling said Chapter "Firearms,"
and adding to said Chapter Section 10.68.020 pertaining to trigger locks on
firearms. (City Attorney)
ORDINANCE FOR ADOPTION
6. An Ordinance of the City Council of the City of National City establishing sewer
service fees. (Public Works)
NEW BUSINESS
7. Request to use antique fire engine (R-1) as a display at the South Bay
Emergency Services and Safety Expo '98. (Fire)
8. Refuse rate recommendation for FY-99. (Public Works)
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COUNCIL AGENDA
5/26/98 Page 4
NEW BUSINESS (Cont.)
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought back
on a subsequent Council agenda unless they are of a demonstrated emergency or
urgent nature.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION —
Government Code Section 54956.9 (a) - City of National City v. State Water
Resources Control Board
Public Employee Performance Evaluation — Government Code Section 54957.
Title: City Attorney
ADJOURNMENT
Next Regular City Council Meeting — June 2, 1998 — 3:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
('ATTAC1MENTS ( Listed Below )
Proposed Resolution.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 26, 1998
AGENDA ITEM NO.
1
ITEM TITLE
A RESOLUTION OPPOSING THE INFRASTRUCTURE ACCESS CHARGE PROPOSED BY THE
SAN DIEGO COUNTY WATER AUTHORITY.
PREPARED BY George H. Eiser, III DEPARTMENT
EXPLANATION
City Attorney
The proposed resolution reflects the action taken by the City Council at their May 19 meeting to
strongly oppose the San Diego County Water Authority Infrastructure Access Charge.
Environmental Review X N/A
Financial Statement
N/A
STAFF RECOMMENDATION
Adopt Resolution.
Account No.
BOARD / COMMISSION RECOMMENDATION
N/A
Resolution No.
98-55
I
RESOLUTION NO. 98 - 55
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY OPPOSING THE
INFRASTRUCTURE ACCESS CHARGE PROPOSED
BY THE SAN DIEGO COUNTY WATER AUTHORITY
WHEREAS, the San Diego County Water Authority is proposing to impose
an Infrastructure Access Charge on all customers of county water agencies, to be effective
January 1, 1999; and
WHEREAS, the purpose of the charge is to pay for a portion of the Water
Authority's Emergency Storage Project, and to collect revenues for its Capital
Improvement Plan; and
WHEREAS, the proposed charge will have the effect of raising the
customer's water bill by $1.00 initially, and by $2.00 by the year 2003, representing four
percent and eight percent increases, respectively; and
WHEREAS, the proposed charge is inequitable to the citizens of National
City, because they already paid for adequate emergency storage at Sweetwater and
Loveland Reservoirs when the Sweetwater Authority acquired its water system in 1977;
and
WHEREAS, the Sweetwater Authority has pursued alternatives to reduce
the impact of the proposed charges on its customers, such as by establishing the charge in
proportion to the amount of import water that is used, but such alternatives have not
received due consideration from the San Diego County Water Authority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the City Council strongly opposes the Infrastructure Access Charge
as currently proposed by the San Diego County Water Authority.
Signature Page to Follow
Resolution No. 98 — 55
May 26, 1998
Page Two
PASSED and ADOPTED this 26th day of May, 1998.
George H. Waters, Mayor
AI LEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 26, 1998
I ITEM TITLE
RESOLUTION AWARDING A CONTREj,CT/ FOR THE INSTALLATION OF A FIBER OPTICS
DISTRIBUTION SYSTEM
PREPARED BY T. McAvoy
EXPLANATION
See attached report.
2
AGENDA ITEM NO.
DEPARTMENT Engineering
Environmental Review N/A
Financial Statement
Funding for this project was approved as part of the FY 1997-1998 Technology Fund. Capital
Improvement Program Project #1396
Account No.102-409-500-598-1396 ,
STAFF RECOMMENDATION
Adopt a Resolution awarding the Contract for
Sierra Electric for $73,732.00
BOARD/COMMISSION RECOMMENDATION
N/A
installation of a Fiber Optics 9 tribution network to
ATTACHMENTS (Listed Below)
Resolution
98-56
Resolution No.
1
EXPLANATION
RE: RESOLUTION AWARDING A CONTRACT FOR THE
INSTALLATION OF A FIBER OPTICS DISTRIBUTION SYSTEM
ENGINEERING DEPARTMENT SPECIFICATION NO. 98-102-1396.
Council is aware of the recent failures and operational deficiencies associated
with the City telephone system. This project is the first telephone services
related project to be proposed as part of a larger total telephone system
replacement project. Additional items will come before council within the next
60 days which deal with the purchase and installation of telephone equipment
and related cabling.
On April 24th ,1998 , the following six (6) bids were received and opened for
the Installation of a Fiber Optics Distribution System , Engineering
Specification 98-102-1396.
Names of bidders Address Amount
1. Sierra Electric 2295 Needham Rd 445 $73,732
El Cajon, CA 92020
2. Lekos Electric 1370 Pioneer Way $82,375
El Cajon , CA 92020
3. Solco 7933 Silverton Ave. $93,400
San Diego, CA 92126
4. A.M. Ortega 10125 Channel Rd. $94,116
Lakeside, CA 92040
5. Saturn Electric 7552 Trade St. $98,888
San Diego, CA 92121
6. Knox Electric 3364 Helix St. $134,781
Spring Valley, CA 91977
The installation of these conduits allows for the direct wiring of both data and
telephone between the Police Department, Civic Center , Community Building,
and Library with provisions for possible expansion to new or additional City
buildings. This direct wiring will do away with the monthly recurring costs for
Pacific Bell services which would otherwise be required to connect these
facilities into the City Telephone system and City Local Area Network.
The minimum estimated operational savings attributable to this project over a
10 year time span is $90,050.
This project is an integral part of our current proposed telephone system
design. However, we could forego the installation of a conduit distribution
system. The trade-offs would be a higher overall cost for a new telephone
system , loss of projected savings, and the loss of the opportunity to use fiber
optic communications technology.
Staff has reviewed the bid documents and found that the lowest bidder , Sierra
Electric is qualified to do the work . Therefore, it is recommended that the
contract be awarded to Sierra Electric for $73,732.
RESOLUTION NO. 98 - 56
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AWARDING
A CONTRACT FOR THE INSTALLATION OF A
FIBER OPTICS DISTRIBUTION SYSTEM
(Engineering Spec. 98-102-1396)
WHEREAS, the Engineering Department of the City of National City did,
in open session on April 24, 1998, publicly open, examine and declare all sealed bids
for the installation of a Fiber Optics Distribution System.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council
of the City of National City hereby awards the contract for the installation of a Fiber
Optics Distribution System to the lowest responsive, responsible bidder, to wit:
SIERRA ELECTRIC
BE IT FURTHER RESOLVED by the City Council of the City of
National City, California that the Mayor is hereby authorized to execute on behalf of
the City, a contract between Sierra Electric and the City of National City to provide for
the installation of a Fiber Optics Distribution System. Said agreement is on file in the
office of the City Clerk.
PASSED and ADOPTED this 26th day of May, 1998.
AI 1EST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
ir3,14,..,.
George If. Eiser, III
City Attorney
George H. Waters, Mayor
r
City of National City, California
COUNCIL AGENDA STATEMENT
3
MEETING DATE May 26, 1998 AGENDA ITEM NO
ITEM TITLE WARRANT REGISTER #45
PREPARED BY Adella M. Salazar
EXPLANATION.
Ratification of Warrant Register #45
per Government Section Code 37208
DEPARTMENT
,1
Environmental Review N/A
Financial Statement
N/A
Account No
STAFF RECOMMENDATION
I recommend ratification of theswarrants for a total
of $334,196.74
BOARD/COMMISSION RECOMMENDATION
u
ATTACHMENTS (Listed Below)
1 Warrant Register #45
2. Worker's Comp Warrant Register dated 05/19/98
Resolution No.
A•<+.e z.. ,,9C
TO:
City of National City
Department of Finance
1243 National City Blvd., National City, CA 91950-4397
(619) 336-4267
THE MAYOR AND CITY COUNCILMEMBERS
FROM: MARIA L. MATIENZO, FINANCE DIRECTOR
SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL
REGISTER NO. 45
GENERAL FUND
TECHNOLOGY FUND
LIBRARY FUND
PARKS MAINTENANCE FUN
GRANT -CA LITERACY CAM
RETIREMENT FUND
GAS TAXES FUND
P.G.S.T. FUND
LOWER SWEETWATER FUND
SEWER SERVICE FUND
EMT-D REVOLVING FUND
SD COUNTY REG AUTO TH
TINY TOT CLASSES FUND
GRANT -JUDGE PROGRAM
STATE PUBLIC LIBRARY
REGISTER TOTALS
PAYROLL
TOTAL
211,831.02
19.43
3,030.47
4,970.97
322.44
30,361.65
745.00
1,099.97
547.70
8,075.71
1,175.00
297.50
45.86
307.50
11.65
GRANT -NC SUPPR. OF DR 512.40
GRANT -LITERACY INITIA 15.43
LIBRARY SCHOOL DISTRI 2.73
COPS GRANT PART II 2,496.65
LIBRARY COMPUTER CENT 422.55
GRANT-C.D.B.G. 2,295.70
CDC PAYMENTS , i249 3;
GRANT-CMAO 169.14
TDA 22,275.24
FACILITIES MAINT FUND 10,628.6.0
LIABILITY INS. FUND 5,713.50
GENERAL SERVICES FUND 2,823.22
INFORMATION SERVICES 7,543.79
MOTOR VEHICLE SVC FUN 4 , 68 . 5 7
TRUST & AGENCY 1,383.1
327,BE5.00
0.00
327,865.00
I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY:
WARRANT NUMBERS 149138 THROUGH 149261 INCLUSIVE
EXCEPTING NONE 104154 THROUGH 104189 INCLUSIVE
ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE
BUDGET FEE THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN
THE PROBER FUNDS TO PAY SAID DEMANDS.
MEETING DATE
rlTEM TITLE
City of National City, California
COUNCIL AGENDA STATEMENT
May 26, 1998
AGENDA ITEM NO.
4
ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 6 BY
REPEALING CHAPTER 6.38 REGARDING "TAXIS - VEHICLES FOR HIRE" AND AMENDING TITLE 11 BY ADDING
CHAPTER 11.70 REGULATING PARATRANSIT VEHICLES THROUGH ADOPTION OF SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD (MTDB) CODIFIED ORDINANCE NO. 11
PREPARED BY DEPARTMENT
EXPLANATION Rudolf Hradeckyli/
Senior Assistant
City Attorney
This ordinance repeals Chapter 6.38 and relocates taxicab and other paratransit regulatory provisions to a
new Chapter 11.70 as part of a functional realignment of Title 6, thereby allowing for regulation of this
industry by MTDB. Currently, taxicabs are regulated by contract with MTDB, but pay business taxes
under Title 6.
This change will clarify the respective regulatory and business tax roles of MTDB and the City of
National City, and will adopt MTDB Ordinance No. 11 as the regulatory mechanism governing
paratransit vehicles.
This ordinance has been coordinated with the Finance and Police Departments and with the Paratransit
Administrator of MTDB.
Environmental Review __x NIA
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adoption of ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Ordinance
MTDB Ordinance No. 11
Resolution No.
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
THE NATIONAL CITY MUNICIPAL CODE
BY REPEALING CHAPTER 6.38 REGARDING
"TAXIS - VEHICLES FOR HIRE" AND AMENDING
TITLE 11 BY ADDING CHAPTER 11.70 REGULATING
PARATRANSIT VEHICLES THROUGH ADOPTION
OF SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD (MTDB) CODIFIED
ORDINANCE NO. 11
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended as follows:
Section 1. That Title 6 is amended by repealing Chapter 6.38 (Taxis -
Vehicles for Hire).
Section 2. That Title 11 is amended by adding Chapter 11.70 to read as
follows:
Chapter 11.70
Paratransit Vehicles
Sections:
11.70.010 Purpose
11.70.020 Definition
11.70.030 Regulatory Administration by contract with Metropolitan Transit
Development Board
11.70.040 Violations and enforcement
11,70.10 Purpose. The purpose of this chapter is to provide for the regulation
of paratranist vehicles within the City of National City through adoption of Metropolitan
Transit Development Board (MTDB) Ordinance No. 11, and to implement the provisions
of Public Utilities Code Section 120266 by contract administration for paratransit regulation
with the MTDB.
Ordinance No.
Page Two
11.70,020 Definition. "Paratransit Vehicle" as defined in San Diego
Metropolitan Transit Development Board (MTDB) Ordinance No. 1.1,• Section 1.1, means
as follows:
Every vehicle, other than public transit vehicles or vehicles involved in an
organized car pool not available to the general public, which is operated for
any fare or compensation and used for the transportation of passengers over
city public streets, irrespective of whether such operations extend beyond the
boundary limits of said City. Such paratransit vehicles shall include
taxicabs, vehicles for charter, jitneys, non -emergency medical vehicles and
sight-seeing vehicles.
11.70.030 Regulatory administration by contract with Metropolitan Transit
Development Board. Notwithstanding the City's right to regulate paratransit vehicles
within its jurisdiction, the city council, by resolution currently in effect or as may be
adopted from time to time, has authorized a contract with the Metropolitan Transit
Development Board (MTDB) for the administration and enforcement by the MTDB of
regulations, policies and ordinances for paratransit or for -hire vehicles operated within the
city, including collection and administration of all applicable regulatory fees, fines and
forfeitures. While that contract is in effect, the applicable regulations, policies and
ordinances of the MTDB, including MTDB Ordinance No. 11, as now in effect or as may
be amended from time to time, shall govern the operation of paratransit vehicles within the
city. Licensing of a Paratransit Vehicle or the operator or owner by the MTDB does not
exempt the licensee from city business tax requirements and payment of fees pursuant to
Chapter 6.04. A copy of MTDB Ordinance No. 11 is on file in the office of the City
Clerk.
11.70.040 Violations and enforcement. It is unlawful for an operator, owner,
permittee or licensee of a paratransit vehicle to violate any of the mandatory provisions or
prohibitions of MTDB Ordinance No. 11 within the City of National City. Each violation
is an infraction, chargeable either as a violation of this Section 11.70.040 or as a violation
of MTDB Ordinance No. 11.
Signature Page to Follow
Ordinance No.
Page Three
PASSED and ADOPTED this day of 1998
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/) get:
Zt
George H. iser, III
City Attorney
SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD
CODIFIED ORDINANCE NO. 11
(as adopted August 8, 1988 and as amended through November 9, 1995
An Ordinance Providing for the Licensing and the Regulating
of Transportation Services Within the City By the Adoption
of a Uniform Paratransit Ordinance
SECTION 1.0 - GENERAL REGULATIONS
Section 1.1 - Definitions
The following words and phrases, wherever used in this section, shall be
construed as defined in this section, unless from the context a different
meaning is intended, or unless a different meaning is specifically defined and
more particularly directed to the use of such words or phrases.
(a) "Association" shall mean an incorporated or unincorporated society
or group of persons united for some purpose related to the operation of
paratransit vehicles. This term includes a cooperative association.
(b) "Board" shall mean the Board of Directors of the San Diego
Metropolitan Transit Development Board.
(c) "Charter vehicle" shall mean every vehicle which:
(1) Transports passengers or parcels or both over the public
streets of the City;
(2) Is routed at the direction of the hiring passenger;
(3) Is prearranged in writing for hire;
(4) Is not made available through "cruising"; and
(5) Is hired by and at the service of a person for the benefit
of himself or herself or a specified group.
(d) "City" and "Cities" shall mean the incorporated areas of the
Cities of El Cajon, Imperial Beach, Lemon Grove, National City, Poway,
San Diego, and Santee; and the unincorporated area of the county of San Diego
within MTDB's area of jurisdiction.
(e) "Compensation" shall mean any money, thing of value, payment,
consideration, reward, tip, donation, gratuity or profit paid to, accepted, or
received by the driver or owner of any vehicle in exchange for transportation
of a person, or persons; whether paid upon solicitation, demand or contract,
or voluntarily, or intended as a gratuity or donation.
(f) "Cruising" shall mean the movement over the public streets of a
taxicab in search of prospective passengers; except the term does not include
either the travel of a taxicab proceeding to answer a call for service
received by telephone or radio from an intended passenger or the travel of
such a vehicle, having discharged a passenger or passengers, returning to the
owner's place of business or to its established point of departure.
(g) "Days" shall mean working days, exclusive of weekends and holidays
for which MTDB offices are closed.
(h) "Doing business" shall mean accepting or soliciting passengers for
hire in a City.
(i) "Driver" shall mean every person operating any paratransit vehicle
as defined in Section 1.1 (t).
(j) "Driver's identification card" shall mean that license, issued
pursuant to this Ordinance, that permits a person to drive a paratransit
vehicle within the City.
(k) "Employ" as used in this Ordinance includes any form of agreement
or contract under which the driver may operate the permit holder's paratransit
vehicle.
(1) "Exclusive ride" shall mean exclusive use of a paratransit vehicle
by one or more related passengers at a time.
(m) "General Manager" shall mean the General Manager of MTDB or his or
her designated representative.
(n) "Group ride" shall mean shared use of a taxicab where a group of
related passengers enter at the same point of origin and disembark at the same
destination and pay a single fare for the trip.
(o) "Jitney" shall mean every vehicle which:
(1) Transports passengers or parcels or both over the public
streets of the City;
(2) Follows a fixed route of travel between specified points
with the fare based on a per capita charge established in its permit; and
(3) Is made available to boarding passengers at specified
locations along its route on a variable schedule.
(p) "Medallion" shall mean the numbered plate, sticker or decal issued
by MTDB to the permit holder which is displayed on a paratransit vehicle to
indicate the authorized use or uses of that vehicle.
(q) "MTDB" shall mean the San Diego Metropolitan Transit Development
Board, a public agency created pursuant to Public Utilities Code Sec-
tion 120050 et seq.
-2-
(r) "Nonemergency medical vehicle" shall mean every vehicle which:
(1) Transports physically and/or mentally disabled persons who
require supervision and/or specialized transportation equipment or assistance
related to the disability, and such persons' attendants, over the public
streets of the city.
(s) "Operate" or "Operating" shall refer to the solicitation or
acceptance of a fare within City limits for compensation. It shall also
include, as the context may require, the act of driving, managing or directing
the utilization of one or more paratransit vehicles.
(t) "Owner" shall mean the person, partnership,, association, firm or
corporation that is the registered owner of any paratransit vehicle and that
holds the right to use the vehicle for its advantage.
(u) "Paratransit Inspector" shall mean those individuals, regardless
of job title, who are authorized by the Board, by ordinance, to enforce the
provisions of this Ordinance.
(v) "Paratransit vehicle" shall mean every vehicle, other than public
transit vehicles or vehicles involved in an organized car pool not available
to the general public, which is operated for any fare or compensation and used
for the transportation of passengers over city public streets, irrespective of
whether such operations extend beyond the boundary limits of said City. Such
paratransit vehicles shall include taxicabs, vehicles for charter, jitneys,
nonemergency medical vehicles and sight-seeing vehicles.
(w) "Passenger" shall mean every occupant other than the driver of the
paratransit vehicle.
(x) "Permit" shall mean the authority under which a person, firm,
partnership, association, or corporation may operate a paratransit vehicle as
a business.
(y) "Permit holder" shall mean any person or persons operating a
business under a paratransit vehicle permit.
(z) "Shared ride" shall mean nonexclusive use of a paratransit vehicle
by two or more unrelated passengers traveling between different points of
origins and/or destination, and traveling in the same general direction.
(aa) "Sight-seeing vehicle" shall mean every vehicle which:
(1) Transports passengers for sight-seeing purposes of showing
points of interest over the public streets of the City; and
(2) Charges a fee or compensation therefor; regardless of
whether any fee or compensation is paid to the driver of such sight-seeing
vehicle, either by the passenger or by the owner or by the person who employs
the driver or contracts with the driver or hires such sight-seeing vehicle
with a driver to transport or convey any passenger; and irrespective of
whether or not such driver receives any fee or compensation for his or her
services as driver.
-3-
(bb) "Stands" shall mean public areas designated for specific use of
paratransit vehicles.
(cc) "Street" shall mean any place commonly used for the purpose of
public travel.
(dd) "Taxicab" shall mean every vehicle other than a vehicle -for -
charter, a jitney, a nonemergency medical vehicle or a sight-seeing vehicle
which:
(1) Transports passengers or parcels or both over city public
streets;
(2) Is made available for hire on call or demand through
"cruising," at taxi stands or by telephone to destination(s) specified by the
hiring passenger;
(ee) "Taximeter" shall mean any instrument, appliance, device or
machine by which the charge for hire of a passenger -carrying vehicle is
calculated, either for distance traveled or time consumed, or a combination of
both, and upon which such charge is indicated by figures.
(ff) "Vehicle" is a device by which any person or property may be
propelled, moved, or drawn upon a street, excepting a device moved exclusively
by human power or used exclusively upon stationary rails or tracks.
(Sections 1.1(d), 1.1(R)(1) amended 6/22/95)
(Section 1.1 amended 1/12/95)
(Section 1.1 amended 6/27/91; effective 7/27/91)
(Section 1.1 amended 5/23/91; effective 6/23/91)
Section 1.2 - Operating Permits
(a) No person shall engage in the business of operating any
paratransit vehicle within the Cities without first having obtained an
operating permit from the General Manager or his designated representative,
which permit has not been revoked, suspended or otherwise canceled or
terminated by operation of law or otherwise. A separate permit is required
for each paratransit vehicle operated.
Section 1.3 - Application for Permit
(a) All persons applying to the General Manager for permit(s) for the
operation of one or more paratransit vehicles shall file with the General
Manager a sworn application therefore on forms provided by the General
Manager, stating as follows:
(1) The individual and business name, address and telephone
number of the permit applicant;
(2) The number of permitted vehicles actually owned and operated
by such owner on the date of application, if any;
(3) The name and address of all legal and registered owner(s) of
the vehicle(s);
-4-
(4) The name and address of each person with a financial
interest in the business which operates the vehicle;
(5) Data sufficient to establish the applicant's financial
responsibility;
(6) The number of vehicle(s) for which a permit(s) is desired;
(7) The intended make, type, year of manufacture and passenger
seating capacity of each vehicle for which application for permit is made;
(8) The rates of fare which the applicant proposes to charge for
paratransit services;
(9) A description of the proposed color scheme, insignia, trade
style or any other distinguishing characteristics of the proposed vehicle
design;
(10) Where the application is for a limited permit, a detailed
description of the geographical area in which said permit shall be in exis-
tence; and
(11) Such other information as the General Manager may in his or
her discretion require.
(b) The applicant shall also submit, with the application, a
nonrefundable filing fee to be determined by the General Manager in order to
recover the cost of processing such applications.
Section 1.4 - Issuance of Permit
(a) The Board shall, in its discretion, determine the total number of
paratransit permits to be granted.
(b) The General Manager shall, in accordance with Board policy,
determine the number of permits to be granted any applicant(s) and approve
permits for any applicant(s) subject to such conditions as the Board may deem
advisable or necessary in the public interest. Before a permit may be
approved, the applicant shall pay an initial regulatory fee in an amount to be
determined by the General Manager.
(c) The General Manager shall deny the approval of a permit upon
making a finding:
(1) That the applicant is under eighteen (18) years of age; or
(2) That within the five (5) years immediately preceding the
processing of the application, the applicant has been convicted of, or held by
any final administrative determination to have been in violation of any
statute, ordinance, or regulation reasonably and rationally pertaining to the
same or similar business operation which would have resulted in suspension or
revocation of the permit in accordance with Section 1.13 of this Ordinance.
For purposes of this section, a plea or verdict of guilty, a finding of guilty
by a court, a plea of nolo contendre or a forfeiture of bail shall be deemed a
conviction; or
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(3) That the applicant provided false information of a material
fact in an application within the past five (5) years.
(d) Permits shall be approved for a period of one (1) year and be
renewable annually upon payment of a regulatory fee in an amount to be
determined by the General Manager.
(e) No permit shall be approved or renewed for any person who has not
fully complied with all of the requirements of this Ordinance and all other
applicable laws and/or regulations necessary to be complied with before
commencement of the operation of the proposed service.
(f) When the permit has been approved and upon determination by the
General Manager that the color scheme and paratransit vehicle are sufficiently
distinctive so as not to cause confusion with other paratransit vehicles
already operating, and that the paratransit vehicle, after appropriate
inspection, meets the requirements of this Ordinance, the General Manager will
issue a numbered medallion(s) to be affixed to the paratransit vehicle.
Section 1.5 - Transfer and Administration of Permits
(a) Each permit issued pursuant to the provisions of this section is
separate and distinct and shall be transferable from the permit holder to
another person or entity only with the approval of the General Manager.
Permits may be transferred only after the passage of one (1) year from the
date a permit was issued to the current permit holder or upon the death or
permanent disability of the current permit holder. The transferability of
permits may be limited by policy of the Board established by resolution.
(b) In the event that the permit holder is a corporation, partnership
or legal entity other than a natural perbon, prior approval of the General
Manager shall be required for any transfer or acquisition of majority
ownership or control of that corporation, partnership or legal entity to a
person or group of persons acting in concert, none of whom already owns or
controls a majority interest. Any such acquisition or transfer occurring
without prior approval of the General Manager shall constitute a failure to
comply with a provision of this section.
(c) The proposed transferee shall file with the General Manager a
sworn application for the transfer and shall comply with the requirements of
Section 1.3. The permit holder shall certify in writing that the permit
holder has notified the proposed transferee of the requirements of this
section pertaining to the transfer of a permit. Whenever an application for a
transfer of permit is filed, the General Manager shall process the application
for transfer in accordance with Section 1.4 of this Ordinance.
(d) The General Manager shall charge regulatory fees to effect the
full cost recovery of activities associated with the administration,
regulation, issuance or transfer of paratransit permits, identification cards
and associated records.
(1) Changes in fee schedules affecting permits shall be mailed
to all permit holders; changes in fee schedules affecting driver
identification cards shall be mailed to holders of such cards. Changes shall
be effective thirty (30) calendar days thereafter.
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(2) Any person objecting to a particular fee or charge may file,
within ten (10) days of the mailing of such changes, an appeal for review with
the General Manager who shall thereafter process it in accordance with
Section 1.17; provided, however, that the sole issue to be determined on
review is whether the fee or charge exceeds the reasonable costs for personnel
salaries and administrative overhead associated with the particular
administrative service or function.
Section 1.6 - Limited Permits
(a) The General Manager may approve permits which are limited in
duration of time and/or limited to a specific geographical area of the cities.
Applicants for limited permits must submit all relevant information as set
forth in Section 1.3 (a), Subsections (1) through (11), and shall state
specifically the appropriate time and/or the geographical limitations. In
addition to the requirements set forth in this section, services operating
pursuant to a limited permit shall:
(1) Commence operations at the specified date approved by the
General Manager and cease operations at the ending date approved by the
General Manager;
(2) Pick up passengers only in the specified geographical area
of the City approved by the General Manager and shall not pick up passengers
under any circumstances outside the specified geographical area;
(3) Be allowed to transport passengers from a specified
geographical area to points within or outside the area;
(4) Prominently display on the vehicle the geographical area of
the City in which the driver is authorized to pick up passengers; and
(5) Be subject to each and every provision relating to the
operation of a paratransit vehicle as if granted a regular permit for the
operation of a paratransit vehicle.
Section 1.7 - Driver Safety Reouirements
(a) No person shall obtain a driver's identification card in
accordance with Section 1.12 unless such person has successfully completed a
training course approved by the General Manager, and completed refresher
training every two years thereafter.
(b) No paratransit vehicle shall be operated unless such vehicle is
equipped with an emergency signalling device approved by the General Manager.
(c) No paratransit vehicle may be operated with window tinting,
shades, or markings that could interfere with a clear view of the cab interior
from the outside.
( have adispatch�radio services
crequired
a shall at l drivers
safety training course approved by the General Manager.
(Section 1.7 added 5/23/91; effective 6/23/91)
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t
Section 1.8 - Equipment and Operating Regulations
(a) No medallion shall be issued for a vehicle unless the vehicle
conforms with all the applicable provisions of this Ordinance.
(b) The privilege of engaging in the business of operating a
paratransit vehicle in a City granted in the permit is personal to the permit
holder, who must be the owner of the paratransit vehicle. The rights,
requirements and responsibilities which attach to the permit remain with the
holder at all times the paratransit vehicle is operated under the authority of
the permit. These rights, requirements and responsibilities, which include,
but are not limited to, the requirements of this Ordinance, will remain
unaffected by any agreement or contractual arrangement between the permit
holder and those persons who operate paratransit vehicles, irrespective of the
form or characterization of the agreement under which the driver operates the
paratransit vehicle.
(c) The permit holder shall maintain a business address, a mailing
address where he or she can accept mail directed to his or her company, and a
business telephone in working order which must be answered during normal
business hours, Monday through Friday, and during all hours of operation. The
permit holder shall, in the case of any change in his or her business address,
mailing address, or business telephone, notify the General Manager in writing
of such change within forty-eight (48) hours of the effective date of this
change.
(d) Before a paratransit vehicle is placed in service and at least
annually thereafter, the paratransit vehicle shall be delivered to a place
designated by the General Manager for inspection. Paratransit Inspectors
shall inspect the paratransit vehicle and its equipment to ascertain whether
the vehicle complies with the provisionsof this Ordinance. Failure to
produce the vehicle for inspection shall be cause for suspension or revocation
of the permit for such vehicle.
(e) Any Paratransit Inspector or peace officer, after displaying
proper identification, may make reasonable and periodic inspections of any
paratransit vehicle operating under a paratransit permit for the purpose of
determining whether the vehicle is in compliance with the provisions of this
Ordinance.
(f) Any paratransit vehicle which fails to meet the requirements of
the California Vehicle Code or this section after inspection shall be
immediately ordered out -of -service by a Paratransit Inspector if it is unsafe
for service. Ordering a vehicle out -of -service does not constitute a
suspension or revocation of the permit. A vehicle is deemed unsafe for
service when any of the following conditions exists:
(1) Tires fail to meet the requirements of the California
Vehicle Code;
(2) Headlights, taillights or signal lights are inoperable
during hours of darkness (sunset to sunrise);
(3) Windshield wipers are inoperable during rain conditions;
(4) Meter is not working or the seal is broken;
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(5) Brakes, brake lights or brake system are inoperable or
otherwise fail to meet the requirements of the California Vehicle Code;
(6) Excessive play in steering wheel exceeding three (3) inches;
(7) Windshield glass contains cracks or chips that interfere
with driver's vision;
(8) Any door latch is inoperable from either the interior or
exterior of the vehicle;
(9) Any seat is not securely fastened to the floor;
(10) Seat belts, when required, fail to meet requirements of the
California Vehicle Code;
and
(11) Either side or rearview mirrors are missing or defective;
(12) Any other condition which reasonably and rationally pertains
to the operating safety of the vehicle or to passenger or pedestrian safety.
(g) If the vehicle is not unsafe but is unsuitable or otherwise in
violation of this Ordinance, the operator or permit holder, as appropriate,
shall be issued a notice to correct said violation within seventy-two (72)
hours.
(1) Failure to correct such violation within the seventy-two
(72) hours shall then be cause to order the vehicle out -of -service. When a
vehicle is ordered out -of -service, the medallion shall be immediately removed.
(2) Before the vehicle may again be placed in service, the
violation shall be corrected and the vehicle shall be inspected by a
Paratransit Inspector.
(3) The medallion shall be reaffixed when the Paratransit
Inspector finds that the vehicle meets prescribed standards.
(h) The interior and exterior of the paratransit vehicle shall be
maintained in a safe and efficient operating condition, and meet California
Vehicle Code requirements and the requirements of this Ordinance at all times
when in operation. The following minimum vehicle standards must be maintained
to comply with this section:
(1) Wheels. Hubcaps or wheelcovers shall be on all wheels for
which hubcaps or wheelcovers are standard equipment.
(2) Body Condition. There shall be no tears or rust holes in
the vehicle body and no loose pieces hanging from the vehicle body. Fenders,
bumpers and light trim shall be securely fixed to the vehicle. No extensive
unrepaired body damage shall be allowed. The vehicle shall be equipped with
front and rear bumpers. The exterior of the vehicle shall be maintained in a
reasonably clean condition so as not to obscure the approved color scheme
and/or vehicle markings.
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t
(3) Paint. The vehicle shall be painted and marked in
accordance with the color scheme approved under Section 1.4 (f) of this
Ordinance. Paint and markings may not be faded or deteriorated in such a
manner as to preclude immediate recognition of the approved color scheme.
(4) Lights. Headlights shall be operable on both high and low
beam. Taillights, parking lights, signal lights, and interior lights shall
all be operable.
(5) Wipers. Each vehicle shall be equipped with adequate
windshield wipers maintained in good operating condition.
(6) Brakes. Both the parking and hydraulic or other brake
system must be operable.
(7) Steering. Excessive play in the steering mechanism shall
not exceed three (3) inches free play in turning the steering wheel from side
to side.
(8) Engine. The engine compartment shall be reasonably clean
and free of uncontained combustible materials.
(9) Mufflers. Mufflers shall be in good operating condition.
(10) Windows. The windshield shall be without cracks or chips
that could interfere with the driver's vision. All other windows shall be
intact and able to be opened and closed as intended by the manufacturer. The
windows and windshield shall be maintained in a reasonably clean condition so
as not to obstruct visibility.
(11) Door Latches. All door latches shall be operable from both
the interior and exterior of the vehicle.
(12) Suspension. The vehicle's suspension system shall be
maintained so that there are no sags because of weak or broken springs or
excessive motion when the vehicle is in operation because of weak or defective
shock absorbers.
(13) Seats. All seats shall be securely fastened. Seat belts,
when required by the California Vehicle Code, shall be installed. The
upholstery shall be free of grease, holes, rips, torn seams and burns.
(14) Interior. The interior of each vehicle and the trunk or
luggage area shall be maintained in a reasonably clean condition, free of
foreign matter, offensive odors and litter. The seats shall be kept
reasonably clean and without large wear spots. The door handles and doors
shall be intact and clean. The trunk or luggage area shall be kept empty
except for spare tire, and personal container for the driver not exceeding
one (1) cubic foot in volume and emergency equipment, to allow maximum space
for passenger luggage and belongings.
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(i) Each paratransit vehicle except taxicabs shall contain:
(1) A fire extinguisher of the dry chemical or carbon dioxide
type with an aggregate rating of at least 5 B/C units and a current inspection
card affixed to it.
(2) A minimum of three (3) red emergency reflectors.
(3) A first -aid kit containing medical items to adequately
attend to minor medical problems.
(j) In the event that a paratransit vehicle for which a permit has
been approved is taken out of service, the permit holder mayutilize a spare
paratransit vehicle which has been duly inspected by a Paratransit Inspector
and approved prior to use. The permit holder must immediately inform a
Paratransit Inspector when a spare paratransit vehicle is in use and the
location of the disabled vehicle. The spare vehicle will be issued a "spare
vehicle" sticker which must be affixed to the left rear portion of the
paratransit vehicle for which it is approved, in plain view from the rear of
the paratransit vehicle. The permit holder may utilize one (1) spare
paratransit vehicle for a period not to exceed sixty (60) days. This
subsection shall not be construed, nor deemed to replace, those provisions in
this Ordinance which apply to permanent replacement of a paratransit vehicle.
(k) The medallion issued to the permit holder must be affixed by a
Paratransit Inspector on the paratransit vehicle for which the permit is
approved in plain view from the rear of the paratransit vehicle. The permit
holder must immediately report the loss, destruction or defacing of a
medallion to the General Manager. Except as provided in Subsection (j), it
shall be unlawful to operate a paratransit vehicle without the medallion
affixed and visible. ,
(1) There shall be displayed in the passenger compartment of each
paratransit vehicle, in full view of the passengers, a card not less than
four (4) inches by six (6) inches in size, which shall have plainly printed
upon it the name of the permit holder, or the fictitious name under which the
permit holder operates, the business address and telephone number of the
permit holder, and business address and telephone number of the Board's
Paratransit Office.
(m) There shall be carried either on the person of the driver or in
each paratransit vehicle, a map of the City, published within the past
two (2) years, which shall be displayed to any passenger upon request.
(n) The rates of fare charged for paratransit vehicle services shall
be clearly displayed in the passenger compartment.
(o) Each paratransit vehicle licensed to operate in the City shall
have located in a convenient place in the driver's compartment, in full view
of the passengers, a container of type and design approved by the General
Manager. The container shall contain a card provided by the Sheriff of the
County of San Diego or by the General Manager. The card shall be visible to
passengers and shall bear the following information:
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(1) The number of the license of the driver;
(2) The name and business address of the driver;
(3) The name of the owner of the vehicle; and
(4) A small photograph of the driver.
(p) Each paratransit vehicle shall be equipped with a rearview mirror
affixed to the right side of the vehicle, as an addition to those rearview
mirrors otherwise required by the California Vehicle Code.
(q) The driver shall offer each passenger a receipt upon payment of
the fare. The receipt shall accurately show the date, the starting and ending
locations for the trip, the amount of the fare, the company name, the name and
signature of the driver; and the name, address, and phone number of the
Board's Paratransit office.
(r) All disputes to fare shall be determined by the peace officer or
Paratransit Inspector most readily available where the dispute is had. It
shall be unlawful for any person to fail or refuse to comply with such
determination by the peace officer or Paratransit Inspector.
(s) It is unlawful for any person to refuse to pay the lawful fare of
a paratransit vehicle after employing or hiring the same.
(t) The driver of any paratransit vehicle shall promptly obey all
lawful orders or instructions of any peace officer, fire fighter or
Paratransit Inspector.
(u) No driver of any paratransi,t vehicle shall transport any greater
number of persons, including the driver, than the manufacturer's rated seating
capacity for the vehicle.
(v) It shall be unlawful for any person to solicit business for a
paratransit vehicle by making a contract or agreement with any owner of any
hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with
the agent or employees of such owner, by which the owner, agent or employee
receives any type of payment or commission for recommending or directing any
passenger to a specific paratransit vehicle or company. It shall be unlawful
for any permit holder, association, or driver to have or make a contract or
agreement with any owner of any hotel, apartment house, motel, inn, rental
units, restaurant, or bar, or with the agents or employees of such owner, by
which the permit holder, association or driver receives any type of payment or
commission for recommending or directing any passenger to an establishment
operated by a specific owner.
(w) The driver of a paratransit vehicle shall wear, in a manner
clearly visible on their person, an identification card approved by the
General Manager.
(x) The Board specifically finds that the dress, grooming and conduct
of paratransit drivers affects the public health and safety, particularly as
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it relates to visitors and the tourist industry. Therefore, while driving or
operating a paratransit vehicle, drivers shall be hygienically clean, well-
groomed and neat, and suitably dressed. Violations of this subsection are
administrative in nature and shall not be the subject of criminal prosecution.
(1) The term "hygienically clean" shall refer to that state of
personal hygiene, body cleanliness and absence of offensive body odor normally
associated with bathing or showering on a regular basis.
(2) The term "well-groomed" shall mean that male drivers shall
be clean-shaven, except for those parts of the face where a beard or mustache
is worn and their hair shall be neatly trimmed; beards or mustaches shall be
groomed and neatly trimmed at all times in order not to present a ragged
appearance. For all drivers, it shall mean that scalp or facial hair shall be
combed or brushed and that all clothing is clean, free from soil, grease and
dirt, and without unrepaired rips or tears.
(3) The term "neat and suitably dressed" shall be interpreted to
require that a driver shall be fully covered by clothing at a minimum from a
point not to exceed four (4) inches above the center of the kneecap to the
base of the neck, excluding the arms. Drivers shall wear shoes. It shall not
be permissible for any driver to wear as an outer garment any of the
following: undershirt or underwear, tank tops, body shirts (see -through
mesh), swim wear, jogging or warm-up suits or sweatshirts or similar attire,
jogging or bathing shorts or trunks, or sandals. Trouser -type shorts that are
no shorter than four inches above the center of the kneecap are permissible.
(y) The color scheme of a paratransit vehicle may not be changed
without the prior written permission of the General Manager.
(z) Paratransit vehicles shall gomply with the California Vehicle
Code, e.g., not impede traffic. Paratransit vehicle drivers, including
taxicab, shall not load or unload passengers in traffic lanes.
(Section 1.8 amended 6/24/93)
Section 1.9 - Public Liability
(a) It shall be unlawful to operate a paratransit vehicle unless the
permit holder establishes and maintains in effect one of the forms of
financial responsibility specified in this section.
(1) This requirement may be met by maintaining a valid policy of
insurance executed and delivered by a company authorized to carry on an
insurance business in the State of California, the financial responsibility of
which company has been approved by the General Manager. The terms of the
policy shall provide that the insurance company assumes financial
responsibility for injuries to persons or property caused by the operation of
the paratransit vehicle in an amount determined by the General Manager.
(2) The permit holder may also meet this requirement by
obtaining a certificate of self-insurance for a specified amount approved by
the Board and pursuant to the applicable provisions of the California Vehicle
Code.
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(b) A valid certificate of insurance issued by the company providing
the insurance policy required under Subsection (a) (1) of this section shall
be filed with and approved by the General Manager. This certificate shall
provide that MTDB is a named certificate holder. It shall also provide that
the insurer will notify MTDB of any cancellation and that the cancellation
notice shall be in writing and shall be sent by registered mail at least
thirty (30) days prior to cancellation of the policy. The certificate shall
also state:
(1) The full name of the insurer;
(2) The name and address of the insured;
(3) The insurance policy number;
(4) The type and limits of coverage;
(5) The specific vehicle(s) insured;
(6) The effective dates of the certificate; and
(7) The certificate issue date.
Section 1.10 - Financial Ownership and Operating Records: Reporting
Requirements
(a) Every person engaged in the business of operating a paratransit
vehicle within the City under a permit granted by the General Manager shall
maintain:
(1) Financial records in accordance with good accounting
practices;
(2) Ownership records; and
(3) Operating records in a form, and at intervals, which shall
be determined from time to time by the General Manager.
(b) Ownership and operating records shall be made available to the
General Manager upon demand at any reasonable time. The permit holder shall
retain operating records for a minimum of six (6) months from the date the
records are created.
(c) For purposes of this section, ownership records shall include, but
are not limited to, the following:
(1) Copies of the Articles of Incorporation as filed with the
Secretary of State of California;
(2) Records identifying all corporate officers and members of
the corporations's Board of Directors. A corporation shall report any change
in corporate officers or members of its Board of Directors to MTDB within
ten (10) days of the effective date.
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(3) A stock register recording the issuance or transfer of any
shares of the corporate stock; and
(4) The registration cards issued by the State of California
Department of Motor Vehicles to the vehicle owner for all paratransit vehicles
operated under the authority of an MTDB paratransit permit.
(d) For purposes of this section, operating records shall include, but
are not limited to, the following:
(1) Typed or written dispatch records for taxicab companies
which operate their own radio dispatch service;
(2) Any log which a paratransit vehicle driver keeps describing
the trips carried by a paratransit vehicle other than a taxicab;
(3) Copies of the daily trip log required by taxicab drivers
under Section 2.4 (p); and
(4) Any other similar records.
(e) Between January 1 and December 31 of each calendar year, every
permit holder shall file with the General Manager a signed statement which
shall report and attest to the accuracy of the following information:
(1) The individual name(s), business name, business address and
telephone number of the permit holder(s);
(2) The name and address of all legal and registered owner(s) of
the paratransit vehicle(s);
(3) The name and address of each person with a financial
interest in the business which operates the vehicle(s); and
(4) The year, manufacturer, model, vehicle identification
number, license plate and medallion number affixed to the permitted
vehicle(s).
(f) If the permit holder is an individual, the permit holder must
appear in person in the offices of MTDB to file the statement; if the permit
holder is a partnership, one of the partners must appear in person in the
offices of MTDB to file the statement; if the permit holder is an association
or corporation, an officer of the association or corporation authorized to
represent the company must appear in person in the offices of MTDB to file the
statement.
(Section 1.10 amended 6/24/93)
Section 1.11 - Destruction, Permanent Replacement or Retirement of Paratransit
Vehicles
(a) Whenever a paratransit vehicle is destroyed, rendered permanently
inoperative, is sold, or the permit holder is no longer the owner of the
paratransit vehicle, the permit holder shall notify the General Manager in
writing within forty-eight (48) hours.
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1
(b) A replacement vehicle must be placed in service within
sixty (60) days of the date the original vehicle is removed from service
unless prior written permission has been obtained from the General Manager.
It is the intent of this section that the General Manager, in granting such
permission, gives due consideration to the operating situation of the permit
holder on a case -by -case basis.
The following guidelines are to be used in granting permission for
a permit holder to take longer than sixty (60) days in placing a replacement
vehicle in service.
(1) The permit holder must submit a written request for an
extension of time, stating the specific reason(s) additional time is required
and identifying a plan and timetable for placing the replacement vehicle in
service. Written documents sufficient to substantiate the factual information
contained in the request should also be submitted.
(2) The plan and timetable submitted must reflect a reasonable
approach for placing the vehicle in service within the shortest possible time
frame.
(3) An additional period of time, not to exceed
sixty (60) calendar days, may be granted to a permit holder in case of severe
personal illness or other similar hardship.
(4) An additional period of time, not to exceed
thirty (30) calendar days, may be granted to a permit holder in case of
extensive vehicle repairs or other similar reasons.
(5) No extensions will be granted to any permit holder who is
unable to meet the basic operational costs, including liability insurance,
regulatory fees, and normal maintenance and repairs of operating a paratransit
vehicle.
(6) No more than one (1) extension will be granted for each
vehicle in a single twelve (12) month period.
(c) The General Manager shall, as a matter of owner right, allow the
replacement of a vehicle which is destroyed, rendered inoperative, sold or
transferred, provided that the permit holder has complied with, and the
paratransit vehicle is in conformance with, all applicable provisions of this
Ordinance.
(d) When a permit holder retires any paratransit vehicle or vehicles
from service and does not replace them within sixty (60) days, the permit for
each such retired paratransit vehicle shall be considered abandoned and will
be void. The permit holder shall immediately surrender each related medallion
to the General Manager. Such abandoned permits may not be restored by any
means other than through application for new permits in the manner provided in
this Ordinance.
Section 1.12 - Driver's Identification Cards
(a) No person shall drive or operate any taxicab under the authority
of a permit granted under this Ordinance unless such person has and displays a
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taxicab driver's identification card obtained through the Sheriff of the
County of San Diego.
(b) No person shall drive or operate any paratransit vehicle (except
taxicab) under the authority of a permit granted under this Ordinance unless
such person has and displays a paratransit vehicle driver's identification
card issued by the General Manager.
(c) No permit holder shall employ as a taxicab driver or operator any
person who has not obtained a taxicab driver's identification card through the
Sheriff of the County of San Diego.
(d) No permit holder shall employ as a driver or operator any person
whose privilege to operate a taxicab within the City has been revoked, denied
or suspended or prohibited.
(e) No permit holder shall employ as a paratransit vehicle driver or
operator (other than a taxicab) any person who has not been issued a
paratransit vehicle driver's identification card by the General Manager.
(f) No permit holder shall employ as a driver or operator any person
whose privilege to operate a paratransit vehicle within the City has been
revoked, denied or suspended or prohibited.
(g) A taxicab driver may drive for more than one taxicab permit
holder. The taxicab driver must, however, have on file with and accepted by
the Sheriff of the County of San Diego, a separate application on forms
provided by the Sheriff, for each permit holder with whom he has a current
driving agreement. A driver may have on file with the Sheriff a maximum of
four (4) such applications at any one time. It shall be unlawful for a
taxicab driver to accept or solicit passengers for hire in the City while
operating the taxicab of any permit holder for whom the driver does not have
such an application on file with the Sheriff.
(h) No person shall drive or operate any paratransit vehicle, except
nonemergency medical, under the authority of a permit granted under this
Ordinance unless such person has successfully completed an MTDB-approved
driver training course concerning driver courtesy and professionalism and a
corresponding qualification examination.
(i) No person who has received a notice of prohibition pursuant to
Section 1.14, or whose privilege to operate a taxicab within the City has been
suspended, revoked or denied by the General Manager shall drive or operate a
taxicab within the City.
(j) No paratransit vehicle driver's identification card shall be
issued by the General Manager to any of the following persons:
(1) Any person under the age of 18 years.
(2) Any person who has been convicted of a felony involving a
crime of force or violence against any person, or the theft of property,
unless five (5) years have elapsed since his or her discharge from a penal
institution or satisfactory completion of probation for such conviction during
which period of time his or her record is good.
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(3) Any person who, within the five (5) years immediately
preceding the processing of the application, has been convicted of or held by
any final administrative determination to have been in violation of any
statute, ordinance, or regulation reasonably and rationally related to the
paratransit industry or any similar business operation which would have
authorized the suspension or revocation of the driver's identification card in
accordance with Section 1.14 of this Ordinance.
(4) Any person who is required to register as a sex offender
pursuant to the California Penal Code.
(5) Any person who has provided false information of a material
fact in their application within the past five (5) years.
(k) The General Manager is authorized to issue temporary paratransit
driver identification cards pending the approval or denial of an application
for a regular paratransit driver identification card. No temporary
paratransit driver identification card shall be issued without the
satisfactory completion of a local law enforcement agency record check of the
applicant. Any temporary identification card so issued shall be valid for a
period not to exceed ninety (90) days or until the date of approval or denial
of the application for a regular paratransit driver identification card,
whichever shall occur first. The issuance of a temporary identification card
hereunder shall not authorize the operation of a paratransit vehicle following
the denial of the application while pending the resolution of any appeal
otherwise provided for in Section 1.16 of this Ordinance.
(1) The General Manager shall establish nonrefundable filing
fees to defray the costs of processing regular and temporary driver
identification cards.
(1) Violations of Subsections (a) through (i) of this section are
misdemeanors.
(Section 1.12 amended 11/9/95)
Section 1.13 - Suspension and Revocation of Permit
(a) Permits may be suspended or revoked by the General Manager at any
time in case:
(1) The General Manager finds the permit holder's past record to
be unsatisfactory with respect to satisfying the provisions of this Ordinance.
(2) The permit holder fails to comply with the applicable
provisions of this Ordinance.
(3) The drivers of the paratransit vehicle or vehicles fail to
act in accordance with those provisions of this Ordinance which govern driver
actions.
(4) The owner shall cease to operate any paratransit vehicle for
a period of sixty (60) consecutive days without having obtained written
permission for cessation of such operation from the General Manager. It is
the intent of this section that the General Manager, in granting such
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permission, gives due consideration to the operating situation of the permit
holder on a case -by -case basis.
The following guidelines are to be used in granting
permission for a permit holder to cease operating a paratransit vehicle for a
period longer than sixty (60) days.
(a) The permit holder must submit a written request for an
extension of time, stating the specific reason(s) additional time is required
and identifying a plan and timetable for placing the vehicle back in service.
Written documents sufficient to substantiate the factual information contained
in the request should also be submitted.
(b) The plan and timetable submitted must reflect a
reasonable approach for placing the vehicle back in service within the
shortest possible time frame.
(c) An additional period of time, not to exceed
sixty (60) calendar days, may be granted to a permit holder in case of severe
personal illness or other similar hardship.
(d) An additional period of time, not to exceed
thirty (30) calendar days, may be granted to a permit holder in case of
extensive vehicle repairs or other similar reasons.
(e) No extension will be granted to any permit holder who
is unable to meet the basic operational costs including liability insurance,
regulatory fees, and normal maintenance and repairs of operating a paratransit
vehicle.
(f) No more than one (1) extension in time will be granted
for each vehicle permit in a single twelve (12) month period.
(5) The paratransit vehicle or vehicles, if operated as other
than a taxicab, are operated at a rate of fare other than those fares on file
with the General Manager.
(6) The paratransit vehicle or vehicles, if operated as a
taxicab, are operated at a rate of fare greater than those fares on file with
the General Manager or posted on the taxicab pursuant to Section 2.2 (b) of
this Ordinance.
(7) The paratransit vehicle or vehicles, if operated as a
taxicab, are operated at a rate of fare greater than current maximum rate
established by the Board pursuant to Section 2.2 (a) of this Ordinance.
(8) The permit holder fails to begin operating the paratransit
vehicle for which the permit is first approved within ninety (90) days after
the approval date.
(9) The permit holder has been convicted of assault, battery,
resisting arrest, any felony involving force and violence, or any crime
reasonably and rationally related to the paratransit industry or any similar
business operation which bears upon the integrity or ability of the applicant
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or holder to operate a paratransit business and transport passengers, unless
five (5) years shall have elapsed from the date of discharge from a penal
institution or the satisfactory completion of probation for such conviction.
(10) The permit holder has been convicted of a crime that would
require a person to register as a sex offender under the California Penal
Code.
(b) For purposes of this section, a plea or verdict of guilty, a
finding of guilt by a court, a plea of nolo contendre or a forfeiture of bail
shall be considered a conviction.
(c) The permit holder shall be notified each time a complaint against
him or her has been filed by a member of the public. The General Manager
shall cause each complaint to be investigated. Upon investigation and
determination of three (3) valid complaints within twelve (12) months, the
permit holder shall receive a notice of proposed adverse action and shall
appear for an informal hearing before the General Manager. Failure to so
appear shall constitute a waiver of the hearing. Following the hearing or
waiver thereof, the General Manager shall issue the adverse action, if
justified.
(d) Following issuance of a notice of adverse action, receipt by the
General Manager of one (1) additional complaint arising within twelve (12)
months subsequent to the date of issuance of the notice of adverse action that
is determined to be valid shall cause the permit to be suspended or revoked.
(e) Upon a finding by the General Manager that a permit holder falls
within the provisions of this section, the permit holder shall be notified
that his or her permit has been revoked or suspended and the manner in which
such action may be appealed. In lieu of revocation or suspension, the General
Manager may impose a fine, or a fine and a period of suspension.
Section 1.14 -Suspension and Revocation of Driver's Identification Cards
(a) Driver's identification cards may be suspended or revoked by the
General Manager at any time in case:
(1) The General Manager finds the driver's past record to be
unsatisfactory with respect to satisfying the provisions of this Ordinance; or
(2) The driver fails to comply with the applicable provisions of
this Ordinance; or
(3) Circumstances furnish grounds for the denial, suspension,
revocation or refusal to renew the driver's identification card by the Sheriff
under the terms of the applicable Ordinance of the County of San Diego; or
(4) His/her California Driver's License is revoked or suspended;
or
(5) The driver is convicted of reckless driving or driving while
under the influence of intoxicating liquors and/or narcotics; or
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(6) The driver has been convicted of assault, battery, resisting
arrest, any felony involving force and violence, or any crime reasonably and
rationally related to the ability or integrity of the driver to operate a
paratransit vehicle or transport passengers; or
(7) The driver has ever been convicted of a crime that requires
registration under the California Penal Code as a sex offender.
(b) For purposes of Subsections (a) (1) through (a) (6) of this
section, a plea of nolo contendre, or a forfeiture of bail shall be considered
a conviction if it occurred within the five (5) years immediately preceding
the date of application for a permit or identification card.
(c) Notwithstanding a driver's possession of a valid taxicab driver
identification card, the General Manager may deny, suspend, revoke or refuse
to renew the driver's privilege to operate a paratransit vehicle in the City
if the driver falls within the provisions of this section. The General
Manager shall send a notice of prohibition to operate a taxicab to any holder
of a Sheriff's driver identification card who is ineligible under
Subsection (a) to operate a paratransit vehicle within the City limits. The
notice of prohibition shall be appealable in accordance with Section 1.16.
(d) The driver shall be notified each time a complaint against him or
her has been filed by a member of the public. The General Manager shall cause
each complaint to be investigated. Upon the investigation and determination
of three (3) valid complaints within twelve (12) months, the driver shall be
issued a notice of proposed adverse action and shall appear for an informal
hearing before the General Manager. Failure to so appear shall constitute a
waiver of the hearing. Following such hearing or waiver thereof, the General
Manager shall issue the adverse action, if justified.
(e) Following the issuance of a notice of adverse action, receipt by
the General Manager of one (1) additional complaint arising within
twelve (12) months subsequent to the date of issuance of the adverse action
that is determined to be valid shall cause the driver's identification card to
be revoked or suspended, as appropriate.
(f) Upon a finding by the General Manager that a driver falls within
the provisions of this section, the driver shall be notified that his or her
driver's identification card has been revoked or suspended and the manner in
which such action may be appealed. In lieu of revocation or suspension, the
General Manager may impose a fine, or a fine and a period of suspension.
Section 1.15 - Surrender of Medallion
(a) When a permit has been suspended or revoked, the operation of any
paratransit vehicle authorized by such permit shall cease, and its medallion
surrendered immediately to the General Manager.
Section 1.16 - Right of Administrative Appeal from Denial, Suspension or
Revocation of Permit or Driver's Identification Card or Related Adverse Action
(a) The permit holder or driver shall be notified that he or she may
file with the General Manager a written administrative appeal ten (10) days
after delivery of the notice of revocation or suspension, or the denial of a
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1
license, permit or driver's identification card, the notice of prohibition to
operate or the imposition of a fine. The permit holder or driver shall set,
forth in the appeal the reasons why such action is not proper.
(b) If no administrative appeal is filed within the proper time, the
permit or driver's identification card shall be considered revoked, suspended
or denied, and shall be surrendered, the fine be imposed, as applicable, or
the notice of prohibition to operate take effect.
(c) Except as provided in Subsection (d), once an administrative
appeal is filed, the revocation or suspension of the permit or driver's
identification card, the effect of the notice of prohibition to operate, or
the imposition of the fine shall be stayed pending the final determination of
the administrative appeal.
(d) If, in the General Manager's opinion, the continued operation of a
paratransit vehicle or possession of a driver's identification card represents
an unsafe condition for any passenger, the revocation or suspension of the
related permit, driver's identification card, or the effect of any notice of
prohibition to operate shall not be stayed. A revocation or suspension of a
permit imposed for failure to comply with Section 1.8 (f) or Section 1.9 is
rebuttably presumed to represent an unsafe condition pending the determination
of the appeal or the correction of the violation, whichever shall occur first.
Notwithstanding, no medallion shall be reaffixed to a vehicle until the
violation under Sections 1.8 (f) or 1.9 has been corrected.
Section 1.16 - Procedure Upon Administrative Appeal
(a) When an appeal is filed, the General Manager shall review the
appeal, and based on additional information provided therein, may revise his
findings and penalty; in accordance with the additional information provided;
or cause the appeal to be assigned to a Hearing Officer, who shall
expeditiously schedule the hearing before him/her.
(1) The General Manager shall maintain a list of qualified
Hearing Officers and shall regularly rotate assignments based on availability
of the proposed Hearing Officers.
(2) The Hearing Officer shall be appointed by the General
Manager, shall be a member of the California State Bar, and shall not be an
MTDB employee.
(b) The appellant and the General Manager or designate shall each have
the right to appear in person and be represented by legal counsel, to receive
notice, to present evidence, to call and cross-examine witnesses under oath,
and to present argument.
(1) The Hearing Officer shall have the power to compel
attendance of witnesses and documents by subpoena, in accordance with state
law.
(2) The formal rules of evidence need not apply, and any
relevant evidence that is the sort of evidence upon which responsible persons
are accustomed to rely in the conduct of serious affairs shall be admissible.
Hearsay evidence may be considered by the Hearing Officer, but no findings may
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be based solely on hearsay evidence unless supported or corroborated by other
relevant and competent evidence. The formal exceptions to the hearsay rule
shall apply.
(c) The General Manager shall promulgate supplementary rules and
procedures for the conduct of the hearing, the forms of notice and
proceedings, and the preparation and submission of the record.
(d) The decision of the Hearing Officer shall be the final
administrative remedy and shall be binding upon the parties to the appeal.
(e) If the Hearing Officer decides to suspend or revoke a permit or
driver's identification card, the appellant shall immediately surrender the
medallion or driver's identification card to the General Manager.
Section 1.17 - Exceptions to Provisions
(a) The provisions of this Ordinance do not apply to a vehicle
properly licensed under the jurisdiction of the Public Utilities Commission of
the State of California, or to public transit vehicles owned, operated, or
contracted for by the Metropolitan Transit Development Board or to a vehicle
properly licensed by the State or County as an ambulance.
(Section 1.17 amended 1/12/95)
(Section 1.17 amended 6/24/93)
Section 1.18 - General Manager's Authority to Adopt Rules and Promulgate a
Schedule of Fines
(a) Except where Board action is specifically required in this
Ordinance, the General Manager may adopt any rules and regulations reasonable
and necessary to implement the provisions, of this Ordinance. The General
Manager shall promulgate a schedule of administrative fines and penalties for
violations of this Ordinance in lieu of the revocation or suspension of a
permit or identification card, a copy of which schedule shall be filed with
the Clerk of the Board.
SECTION 2.0 - TAXICABS
Section 2.1 - Types of Service
(a) A taxicab is authorized to provide exclusive ride and group ride
service.
Section 2.2 - Rates of Fare
(a) After a notice and open public hearing, the Board, by resolution,
shall establish a maximum rate of fare for exclusive ride and group ride hire
of taxicabs except for trips from Lindbergh Field International Airport. A
permit holder may petition the Board for any desired change in the maximum
taxicab rate for exclusive ride and group ride hire.
(b Taxicab trips from Lindbergh Field International Airport shall be
at a uniform rate of fare.
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(c) Each permit holder shall file with the General Manager the rates
of fare that he/she will charge, which shall not exceed the maximum rate set
by the Board pursuant to Section 2.2 (a).
(1) Each permit holder shall set the taximeter for the rate that
he/she will charge and have the taximeter sealed and inspected.
(2) Each permit holder shall prominently post rates in
dollars -per -mile on each side of the taxicab in block letters of not less than
one (1) inch in height and in a location where rates can be easily read by
prospective passengers.
(d) If a permit holder desires to change his/her rates of fare, he/she
shall file with the General Manager the new rates, reset the taximeter, have
the taximeter sealed and inspected, and post the revised rates on each side of
the taxicab as provided in Subsection (c) of this section.
(e) It shall be unlawful for a permit holder or driver to operate any
taxicab in the City, unless the vehicle is equipped with a taximeter that
meets the requirements of the State of California.
(1) The taximeter shall be of a style and design approved by the
General Manager.
(2) The taximeter shall calculate fares upon the basis of a
combination of mileage traveled and time elapsed. When operative with respect
to fare indication, the fare -indicating mechanism shall be actuated by the
mileage mechanism whenever the vehicle is in motion at such a speed that the
rate of mileage revenue equals or exceeds the time rate, and may be actuated
by the time mechanism whenever the vehicle speed is less than this, and when
the vehicle is not in motion.
(3) Waiting time shall include all time when a taxicab occupied
or engaged by a passenger is not in motion or is traveling at a speed which is
slow enough for the time rate to exceed the mileage rate. Waiting time will
also include the time consumed while standing at the direction of the
passenger or person who has engaged the taxicab.
(4) It shall be the duty of every permit holder operating a
taxicab to keep the taximeter in proper condition so that the taximeter will,
at all times, correctly and accurately indicate the charge for the distance
traveled and waiting time. The taximeter shall be at all times subject to the
charge for the distance traveled and waiting time.
(5) The taximeter shall be at all times subject to inspection by
a Paratransit Inspector or any peace officer. The Paratransit Inspector or
peace officer is hereby authorized at his or her instance or upon complaint of
any person to investigate or cause to be investigated the taximeter, and upon
discovery of any inaccuracy in the taximeter, or if the taximeter is unsealed,
to remove or cause to be removed the vehicle equipped with this taximeter from
the streets of the City until the taximeter has been correctly adjusted and
sealed. Before being returned to service, the vehicle and taximeter must be
inspected and approved by the General Manager.
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(f) It shall be unlawful for any driver of a taxicab, while carrying
exclusive or group ride passengers, to display the flag or device attached to
the taximeter in such a position as to denote that the vehicle is for hire, or
is not employed, or to have the flag or other attached device in such a
position as to prevent the taximeter from operating. It shall be unlawful for
any driver to throw the flag into a position which causes the taximeter to
record when the vehicle is not actually employed, or to fail to throw the flag
or other device into nonrecording position at the termination of each and
every service.
(g) The taximeter shall be so placed in the taxicab that the reading
dial showing the amount of fare to be charged shall be well -lighted and easily
readable by the passenger riding in such taxicab.
(h) It shall be unlawful for any permit holder and/or driver of a
taxicab to demand of a passenger a charge for hire which is greater than the
current maximum rate approved by the Board pursuant to Section 2.2 (a) or (b)
of this Ordinance.
(i) Except as provided in this section, is shall be unlawful for any
permit holder and/or driver to demand of a passenger a charge for hire which
is greater than the permit holder's meter rate filed with the General Manager
pursuant to Sections 2.1 (a), 2.2 (b), or 2.2 (c) of this Ordinance.
(j) Nothing in this Ordinance shall preclude a permit holder or driver
from agreeing with prospective passenger(s) to a rate of fare which is less
than the permit holder's filed and posted rates of fare if the agreement is
entered into in advance of the passenger(s), hiring the taxicab for the trip,
except for trips commencing at the Lindbergh Field International Airport.
Section 2.3 - Equipment and Specifications
(a) No taxicab shall be operated until the taximeter thereon has been
inspected, tested, approved and sealed by an authorized representative of the
State of California, and thereafter so maintained in a manner satisfactory to
the General Manager.
(b) Each taxicab shall be equipped with a device which shall plainly
indicate to a person outside the taxicab whether the taximeter is in operation
or is not in operation.
(c) Each taxicab shall be assigned a body number by the permit holder.
The trade name and body number shall be painted or permanently affixed in
letters and numerals no less than four (4) inches high on both sides and the
rear of the taxicab.
(d) All taxicabs shall be equipped and operated so that they may be
dispatched by two-way radio communication in response to a telephone or other
request for service by a prospective passenger. This requirement may not be
met by use of a mobile radio telephone service.
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(1) Radio must be turned on, and audible to driver, at all times
the taxicab is in service.
(e) The radio dispatch capability described in paragraph (d) of this
section must be provided so as to conform to the regulations of the Federal
Communications Commission pertaining to Land Transportation Radio Services.
Failure to conform to those regulations will additionally constitute a failure
to meet the requirements of this section.
(1)
The current valid FCC license shall be on file with MTDB.
(2) Taxicab permit holder shall provide current proof the radio
has passed inspection by an MTDB-approved inspector.
(3)
Taxicab radios shall have the capability to receive or
transmit only on frequencies specified in the FCC license of
the radio service subscribed to by the permit holder.
(f) Radio scanners are not allowed in taxicabs.
(Section 2.3 amended 6/27/91; effective 7/27/91)
Section 2.4 - Operating Regulations
(a) Operating regulations shall be promulgated and adopted from time
to time by resolution of the Board. These resolutions will have the force of
law and will be published and processed as though set forth in this Ordinance.
(b) 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.
(c) It shall be unlawful for the driver or operator of any taxicab to
refuse a prospective fare or to take any action to actively discourage a
prospective fare on the basis of race, creed, color, age, sex, national
origin, handicap, or for any other reason, unless it shall be readily apparent
that the prospective fare is a hazard to the driver or operator.
(d) It shall be unlawful to refuse or discourage a prospective fare
based upon trip length within the Cities.
(e) No driver of any taxicab shall stop, park, or otherwise leave
standing a taxicab on the same side of the street in any block in which
two (2) taxicabs are already stopped, parked, or otherwise standing.
(f) No driver shall stop, park or otherwise leave standing a taxicab
within one -hundred (100) feet of any other taxicab.
(g) No driver shall stop, park, or otherwise leave standing a taxicab
within fifteen (15) feet of any fire plug except as modified in Section 2.5 of
this Ordinance.
(h) A driver may not display an "Out -of -Service" sign while the driver
is in the taxicab or the taxicab is located in a taxi stand. This subsection
shall not prohibit a driver of an out -of -service taxicab from displaying an
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"Out -of -Service" sign, provided the vehicle is parked in a lawful parking spot
and the driver is not in the vehicle.
(i) A taxicab driver may seek passengers by driving through any public
street or place without stops, other than those due to obstruction of traffic,
and at such speed as not to interfere with or impede traffic.
(j) It shall be unlawful, however, for the driver to seek passengers
by stopping at or driving slowly in the vicinity of an entertainment center or
transportation center or any other location of public gathering, in such a
manner as to interfere with public access to or departure from that center or
location, or so as to interfere with or impede traffic.
(k) It shall also be unlawful for a taxicab driver, having parked and
left his or her taxicab, to solicit patronage among pedestrians on the
sidewalk, or at any entertainment center, transportation center, or other
location of public gathering.
(1) No person shall solicit passengers for a taxicab other than the
driver thereof; however, the General Manager may authorize a dispatcher to
solicit passengers and assist in loading passengers at such times and places
as, in his or her discretion, public service and traffic conditions require.
(m) It shall be unlawful for the driver or operator of any taxicab to
remain standing in any established taxicab stand or passenger loading zone,
unless the driver or operator remains within twelve (12) feet of his or her
taxicab, except when the driver or operator is actually engaged in assisting
passengers to load or unload.
(n) Only paying passengers and persons specifically authorized by the
General Manager may occupy a taxicab that is already occupied by a paying
passenger. No driver, once a paying passenger has occupied his taxicab, shall
permit any other nonpaying passenger to occupy or ride in the taxicab.
(o) It shall be unlawful to respond to a call for service dispatched
to another operator.
(p) The taxicab driver shall maintain a daily trip log which shall be
available for inspection upon request of any peace officer or Paratransit
Inspector. The trip log will accurately show the driver's name, taxicab
number, date, time, beginning odometer reading, starting and ending locations,
and fare for each trip provided. The driver shall furnish a copy of the daily
trip log to the permit holder at regular intervals or upon request of the
permit holder.
(q)
(r)
All operating regulations set forth in Section 1.8 apply.
The permit holder for any taxicab with a permit issued after
July 1, 1991 shall comply with the following:
(1) The color scheme of the vehicle will conform to that of the
radio dispatch service organization.
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(2) Establish a business office in a location available to the
public, and have staff on duty during regular business
hours.
(3) File with MTDB, and charge a rate of fare common to the
radio service organization providing service required by
this Ordinance.
(Section 2.4 amended 6/27/91; effective 7/27/91)
Section 2.5 - Stands
(a) The Board may, by resolution, locate and designate taxicab stands
for one or more taxicabs, which stands when so established shall be
appropriately designated "Taxis Only." The operating regulations of this
Ordinance shall apply to such stands and to taxicab stands established by the
San Diego Unified Port District in areas under its jurisdiction within the
City.
(b) Each taxicab stand established hereunder shall be in operation
twenty-four (24) hours of every day, unless otherwise specified by the General
Manager.
(c) Any individual, partnership, association, or other organization
may petition MTDB requesting that a new taxicab stand be established, or that
the location of an existing taxicab stand be changed to another location. A
nonrefundable filing fee to be determined by the General Manager must be paid
at the time the petition is submitted.
(d) It shall be unlawful for a vehicle other than a taxicab with a
proper MTDB taxicab permit to occupy a taxi stand.
,
Section 2.6 - Radio Services
(a) In order to provide taxicab radio dispatch service required by
Section 2.3(d,e), the dispatch service organization adding or changing
subscribers after July 1, 1991 shall establish and conform to written policies
and procedures concerning the following:
(1) Standard time elapse for answering the telephone service -
request line(s).
(2) Standard time elapse for cab's arrival at requested pick-up
location.
(3) Passenger's request for a specific driver ("personals").
(4) Additional two-way communication devices (mobile or cellular
phones) in cabs.
(5) 10-code.
(6) Lost and found for passengers' items.
(7) Assignment of vehicle body numbers.
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Current written policies and procedures shall be available to
subscribers from the radio dispatch organization, and on file with MTDB.
(b) Taxicab radio dispatch services shall, 24 hours a day, have
dispatch staff on duty, answer telephone -request line(s), and provide radio
response to all licensed radio frequencies/channels.
(c) Taxicab radio dispatch services shall keep written records of all
requests for taxi service, calls dispatched, and the time(s) each taxicab goes
in and out of service.
(1) These records shall be kept on file for a minimum of six
months, and made available to MTDB, upon request.
(d) Taxicab radio dispatch services shall maintain a listing in the
major business telephone directory.
(Section 2.6 added 6/27/91; effective 7/27/91)
SECTION 3.0 - CHARTER VEHICLES
Section 3.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a
permit by the General Manager, each permit holder shall file a document with
the General Manager reflecting the rates of fare being charged by said permit
holder for charter services. Thereafter, each permit holder shall within
thirty (30) days following the first day of each calendar year, file a
document with the General Manager reflecting the rates of fare being charged
by said permit holder for charter services.
1
(b) If a permit holder desires to change the rates of fare being
charged for charter services during any calendar year, he shall first file a
document with the General Manager indicating said changes, and no change shall
be effective until fourteen (14) days following the filing of said change.
(c) No permit holder shall charge any rate of fare for charter
services unless said rates are on file with the General Manager as aforesaid,
and duly displayed.
(d) The rates of fare shall be established by a prearranged written
contract on a per mile or per hour basis.
Section 3.2 - Operatin4 Regulations
(a) It shall be unlawful for any charter vehicle to remain standing on
any public street in the City, except such reasonable time necessary when
enabling passengers to load or unload.
(b) It shall be unlawful for any person, either as owner, driver, or
agent, to approach and solicit patronage upon the streets, sidewalks, in any
theater, hall, hotel, public resort, railway or airport, or light rail transit
station.
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(c) All other operating regulations defined in Section 1.8 apply.
SECTION 4.0 - SIGHT-SEEING VEHICLES
Section 4.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a
permit by the General Manager, each permit holder shall file a document with
the General Manager reflecting the rates of fare being charged by said permit
holder of sight-seeing vehicle services. Thereafter, each permit holder shall
within thirty (30) days following the first day of each calendar year, file a
document with the General Manager reflecting the rates.of fare being charged
by said permit holder for sight-seeing services.
(b) If a permit holder desires to change the rates of fare being
charged for sight-seeing services during any calendar year, he shall first
file a document with the General Manager indicating said changes, and no
change shall be effective until fourteen (14) days following the filing of
said changes.
(c) No permit holder shall charge any rate of fare for sight-seeing
services unless said rates are on file with the General Manager as aforesaid,
and duly displayed.
(d) The rate of fare shall be established on a per capita or per event
basis.
Section 4.2 - Operating Regulations
(a) It shall be unlawful for any sight-seeing vehicle to remain
standing on any public street in the City, except such reasonable time
necessary when enabling passengers to load or unload.
(b) It shall be unlawful for any person, either as owner, driver, or
agent, to approach and solicit patronage upon the streets, sidewalks, in any
theater, hall, hotel, public resort, railway or airport, or light rail transit
station.
(c) All other operating regulations defined in Section 1.8 apply,
except Section 1.8 (v).
SECTION 5.0 - NONEMERGENCY MEDICAL VEHICLES
Section 5.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a
permit by the General Manager, each permit holder shall file a document with
the General Manager reflecting the rates of fare being charged by said permit
holder for nonemergency medical vehicle services. Thereafter, each permit
holder shall within thirty (30) days following the first day of each calendar
year, file a document with the General Manager reflecting the rates of fare
being charged by said permit holder for nonemergency medical vehicle services.
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(b) If a permit holder desires to change the rates of fare being
charged for nonemergency medical vehicle services during any calendar year, -he
shall first file a document with the General Manager indicating said changes,
and no change shall be effective until fourteen (14) days following the filing
of said change.
(c) No permit holder shall charge any rate of fare for nonemergency
medical vehicle services unless said rates are on file with the General
Manager as aforesaid, and duly displayed.
(d) The rate of fare for exclusive ride service shall be established
on a per capita plus per mile basis.
(e) The rates of fare for shared ride service shall be established on
a per capita plus per mile basis, or on a per capita plus per zone basis.
Section 5.2 - Operating and Equipment Regulations
(a) It shall be unlawful for any nonemergency medical vehicle to
remain standing on any public street in the City, except when enabling
passengers to load or unload.
(b) All other operating regulations defined in Section 1.8 apply.
(c) Special equipment on a nonemergency medical vehicle shall, at all
times the vehicle is in operation, be in proper working order. Such vehicles
equipped with wheelchair ramps or lifts shall have proper device(s) to secure
each wheelchair on board.
(d) The permit holder is responsible for ensuring that the driver of a
nonemergency medical vehicle, is properly trained:
(1) in the use of any of the vehicle's special equipment;
(2) concerning supervision of or assistance to the disabled
passengers whom the driver is to transport.
(Section 5.2 amended 6/22/95)
(Section 5.2 amended 6/24/93)
Section 5.3 - Driver Identification Cards
In addition to the requirements set forth in Section 1.12, nonemergency
medical vehicle drivers shall acquire and maintain valid proof of proper
first -aid and CPR training.
(Section 5.3 added 6/24/93)
SECTION 6.0 - JITNEY VEHICLES
Section 6.1 - Rates of Fare
(a) Within thirty (30) calendar days following the issuance of a
permit by the General Manager,'each permit holder shall file a document with
the General Manager reflecting the rates of fare being charged by said permit
holder for jitney services. Thereafter, each permit holder shall within
-31-
thirty (30) days following the first day of each calendar year, file a
document with the General Manager reflecting the rates of fare being charged
by said permit holder for jitney services.
(b) If a permit holder desires to change the rates of fare being
charged for jitney services during any calendar year, he shall first file a
document with the General Manager indicating said changes, and no change shall
be effective until fourteen (14) days following the filing of said change.
(c) No permit holder shall charge any rate of fare for jitney services
unless said rates are on file with the General Manage as aforesaid, and duly
displayed.
(d) The rates of fare shall be established on a per capita basis.
Section 6.2 - Jitney Routes
(a) A permit holder who wishes to provide a fixed route service shall
apply to the General Manager for authorization to serve a defined route with a
specific vehicle. No paratransit vehicle may be operated as a jitney until it
has met all other requirements of this Ordinance and has been approved for
service on a specific fixed route. A jitney may be authorized to serve more
than one route; however, a jitney may provide fixed route service on only
those routes which the General Manager has approved in writing for that
vehicle.
(b) The application for a fixed route shall be in writing and shall
contain the following information:
(1) A description of the vehicle(s) which will be utilizing the
(2) A detailed written description of the route, to include
starting location, ending location, and the street name and direction of
travel for all streets to be used in the route;
(3) A map in sufficient detail to clearly indicate the proposed
route;
route;
(4) The fare to be charged; and
(5) Such other information as the General Manager may, in his or
her discretion, require.
(c) Upon approval of a fixed route by the General Manager, the permit
holder shall display a representation of the route, the fare, and the permit
holder's trade name on each side of the vehicle in letters large enough to be
easily read by potential customers in accordance with the standards
established by the General Manager under Section 6.5 of this Ordinance Only
one (1) route may be displayed on a vehicle at any time.
(d) If a permit holder wishes to alter his or her approved fixed
route(s), he or she must apply in writing to the General Manager, submitting
the information required in Section 6.2 (b).
-32-
(e) The General Manager may, in his or her discretion, place
conditions on the approval of fixed routes.
(f) The General Manager may change a route that has been approved
previously when the General Manager finds it necessary to do so. A change of
route may be necessary when a street has been closed temporarily or
permanently because of construction, or the direction of a street has been
changed, or a street has been vacated, or for similar reasons as determined by
the General Manager. The General Manager shall notify in writing any permit
holder whose route has been changed. The General Manager's change of a route
is subject to appeal under Section 1.16 of this Ordinance.
(g) Except as provided for within this subsection, an approved fixed
route may not be transferred to another vehicle or permit holder. A permit
holder may receive approval for a vehicle that is replacing a jitney already
in service to use the approved fixed routes of the replaced vehicle.
Section 6.3 - Operating Regulations
(a) It is unlawful for any jitney to remain standing on any public
street in the City, except when enabling passengers to load or unload, or
except when standing in a jitney holding zone for the time period established
by MTDB.
(b) It is unlawful for any person including, but not limited to, a
jitney owner, driver, or agent thereof, to approach and solicit patronage upon
the streets, sidewalks, in any theater, hall, hotel, public resort, railway or
airport, or light rail transit station.
(c) A peace officer or Paratransit Inspector may authorize a
dispatcher to solicit passengers and assist with loading passengers at such
times and places as, in his/her discretion, public service and traffic
conditions require.
(d) Except when a driver or operator is actually engaged in assisting
passengers to load or unload, a jitney driver or operator must remain within
twelve (12) feet of his/her jitney while the jitney is in service.
(e) It is unlawful for a jitney vehicle to operate a fixed route
service on other than that route designated by the General Manager.
(f) It shall be unlawful for a jitney driver to load or unload
passengers in any place other than an authorized jitney stop, bus stop, or
passenger loading zone.
(g) All other operating regulations defined in Section 1.8 apply.
Section 6.4 - Jitney Holding Zones
(a) The Board may, by resolution, locate and designate holding zones
for one (1) or more jitneys, which holding zones when so established, shall be
designated by appropriate signs. The operating regulations of Section 6.3
shall apply to any holding zones so established, and to holding zones
established by the San Diego Unified Port District in areas under its
-33-
jurisdiction. The Board may, in its resolution, establish the maximum number
of jitneys permitted to remain standing at one time in a holding zone.
(b) Each holding zone established hereunder shall be in operation
twenty-four (24) hours of every day, unless otherwise specified by the General
Manager. The General Manager shall adopt written standards to determine
whether to allow holding zones to be in operation fewer than twenty-four
(24) hours every day. If a holding zone is to be in operation fewer than
twenty-four (24) hours every day, the General Manager shall cause signs to be
posted at or near the holding zone indicating the hours and days of operation.
(c) The Board may, on its own motion, or upon the recommendation of
the General Manager, establish holding zones.
(d) Any individual, partnership, corporation, association or other
organization may petition MTDB requesting that a new holding zone be
established. The petition must be filed in writing with the General Manager
or his/her designee. The petition must state the reason for the request and
the proposed location(s). The Board may approve, deny or modify the request.
(e) Whether initiated by the Board under Subsection (c) of this
section or by persons described in Subsection (d) of this section, before any
holding zone is established, the proposed location of any holding zone must be
reviewed by the Traffic Engineer of the City. The Traffic Engineer shall
report his/her recommendations to approve, deny or modify the proposed
location in writing to the Board. The Traffic Engineer's report shall include
a statement of reasons supporting the recommendation to the Board.
(f) The Board shall, by resolution, establish a maximum time limit for
individual jitneys to remain standing in any holding zone. The time limit
shall apply uniformly to all holding zones.
(g) It shall be unlawful for a vehicle other than a jitney with a
proper MTDB jitney permit to occupy a jitney holding zone.
Section 6.5 - Equipment and Specifications
(a) Each jitney shall bear on the outside, signs clearly designating
the route which it serves. The specifications of the sign are subject to the
approval of the General Manager. The General Manager shall adopt written
standards for approval or denial of the size of the signs, the location of the
signs on the vehicle, the size of the lettering or graphics on the signs, and
other specifications that the General Manager finds necessary.
(b) All jitney vehicles must bear a trade name and shall be assigned a
body number by the permit holder. The trade name and body number so assigned
shall be placed on the vehicle in accordance with written standards adopted by
the General Manager.
SECTION 7: VIOLATIONS
Any violation of this Ordinance shall constitute an infraction unless
otherwise specified.
-34-
SECTION 8: EFFECTIVE DATE OF ORDINANCE
This Ordinance shall be effective 30 days after the second reading, and
before the expiration of 15 days after its passage, this Ordinance shall be
published once with the names of the members voting for and against the same
in a newspaper of general circulation published in the County of San Diego.
Amended: 11/9/95
Amended: 6/22/95
Amended: 1/12/95
Amended: 6/24/93
Amended: 6/27/91
Amended: 5/23/91
Amended: 10/11/90
Repealed & Readopted: 8/9/90
Amended: 4/12/90
Amended: 4/27/89
Adopted: 8/11/88
JPL:lst
CD-ORD1I.BLL
11/13/95
-35-
PREPARED BY
City of National City, California
CCUNCiL AGENDA STATEMENT
May 26, 1998 5
MEETING DATE AGENDA ITEM NO.
/ ITEM TITLE
AN ORDINANCE AMENDING CHAPTER 10.68 OF THE NATIONAL CITY MUNICIPAL CODE
BY RETTTLING SAID CHAPTER "FIREARMS," AND ADDING TO SAID CHAPTER SECTION 10.68.020
PERTAINING TO TRIGGER LOCKS ON FIREARMS.
George H. Eiser, III DEPARTMENT City Attorney
EXPLANATION
As directed at the May 21 City Council meeting, I have prepared the attached ordinance prohibiting
any firearm dealer from selling, giving, lending or transferring ownership of any firearm without also
providing a trigger locking or similar device approved by the Chief of Police. If a trigger -locking
device cannot be attached because the firearm lacks a trigger guard, a lockable bag or box approved by
the Chief of Police shall be used instead. The ordinance does not prevent the firearm dealer from
recovering the cost of the trigger lock from the transferee. The ordinance prohibits a firearm dealer
from selling, giving, lending or transferring a firearm without providing written material, approved by
the Chief of Police, that advises the user of safe firearm storage practices. The firearm dealer shall
obtain from the transferee a signed acknowledgment that the trigger locking device and printed
material has been provided, which shall be retained by the firearm dealer. The ordinance shall be
effective ninety (90) days after the Chief of Police sends written notice to the firearm dealer of the
requirements of the ordinance. The ordinance does not apply to firearms that are curios or relics, as
defined by federal law, or to a temporary lending transaction in which the firearm does not leave the
premises of the dealer.
X
Environmental Review N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Enact Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below
Proposed Ordinance.
Resoieition i4o.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING CHAPTER 10.68
OF THE NATIONAL CITY MUNICIPAL CODE BY
RE'II'ILING SAID CHAPTER "FIREARMS," AND
ADDING TO SAID CHAPTER SECTION 10.68.020
PERTAINING TO TRIGGER LOCKS ON FIREARMS
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. That Chapter 10.68 of the National City Municipal Code is retitled
"Firearms".
Section 2. That Section 10.68.020 is added to Chapter 10.68, to read as
follows:
10.12.010 Provision of Trigger Locks. A. It is unlawful for any firearm dealer to
sell, give, lend or transfer ownership of any firearm without also providing with the firearm a
trigger locking or similar device approved by the Chief of Police. The trigger locking or
similar device shall be designed to prevent the unintentional discharge of the firearm. The
trigger locking or similar device shall be attached to the firearm prior to the completion of the
sale, gift, lending or transfer transaction, and the firearm must leave the premises of the
firearms dealer with the trigger locking or similar device attached. If a trigger locking or
similar device cannot be attached because the firearm lacks a trigger guard, a lockable bag or
box approved by the Chief of Police shall be used in lieu of a trigger locking or similar device.
Nothing in this section shall prevent the firearms dealer from recovering the cost of the trigger
locking or similar device by charging a price for the lock or similar device, either separately or
as part of the price of the firearm.
B. It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of
any firearm, without providing with the firearm printed material, approved by the Chief of
Police, that advises the user of safe firearm storage practices.
C. In connection with any sale, gift, loan or transfer of a firearm, the firearm
dealer shall obtain from the person receiving the firearm a signed acknowledgement that a
trigger locking or similar device required by Section 10.12.010A, and the printed material
required by Section 10.12.010B, has been provided with the firearm. The acknowledgment
shall be in a form approved by the Chief of Police. The firearm dealer shall retain signed
acknowledgments of receipt in the same manner and to the same extent as required by State
law for other firearm transaction records.
D. A firearm dealer who has fully complied with the provisions of this section
relating to trigger locking or similar devices shall not be presumed to have made any
representation to the transferee regarding the safety or appropriateness of the use of the trigger
locking or similar device, nor shall the firearm dealer be liable in any civil action brought
against the firearm dealer, to the extent such liability would be based solely upon the act of
furnishing the trigger locking or similar device to a person in compliance with this Section.
Ordinance No.
Page Two
E. The requirements of this Section shall be in force and effect, and shall apply to
all firearms dealers now or hereafter licensed, ninety (90) days after the date of which the
Chief of Police sends written notice to currently -licensed firearms dealers of the requirements
of this Section pertaining to approved trigger locking or similar devices, printed safety material
and form of acknowledgment.
F. The provisions of this Section shall not apply to temporary lending transaction in
which the firearm does not leave the premises of the firearms dealer.
G. The requirements in Sections 10.12.010 A, B and C shall not apply to firearms
that are curios or relics, as defined by federal law, Title 27 Code of Federal Regulations,
Section 178.
H. The requirements in Sections 10.12.010 A, B and C shall not apply to firearm
dealers when they are involved in private party transfers conducted pursuant to California
Penal Code Section 12082.
PASSED and ADOPTED this day of , 1998.
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
gigLa
George H. riser, III
City Attorney
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
SECOND READING
•. MEETING DATE May 26, 1998 AGENDA ITEM NO 6
ITEM TITLE
AN ORDINANCE OF THE CITY COUNCIL ESTABLISHING SEWER SERVICE FEES FORM
FISCAL YEAR 98-99
PREPARED BY
illiams/J. Smith DEPARTMENT Public Works
EXPLANATION.
There is an increased cost of Sewer that will impact all users and a change in billing parameters that
will impact more heavily on businesses the reason being that it costs more to treat their sewage due to
generally h gher concentrations of Suspended Solids (SS) and Biological Oxygen Demand (BOO). It is
proposed to use approximately $100,000 of the rate stabilization reserve to "buy down" the rates so that
the Residential rates will remain the same, and the necessarily larger share paid by businesses will be
accommodated over two years, rather than all at once.
(See attacl^ed sheets for in-depth discussion).
Environmental Review N/A
Financial Statement
Approximately $100,000 of available sewer reserves may be required to maintain rates.
77-7
Account No
STAFF RECOMMENDATION
Adoot Ordinance.
BOARD /COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Sewer Service Rate Discussion
2 Karyn Kaese Note on Bi-weekly Rates (04/16/98)
Resolution No
ORDLNANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ESTABLISHLNG SEWER SERVICE FEES
WHEREAS, the current structure for sewer service fees imposes monthly
flat rates of $ 14.58 for single-family dwellings, $ 13.58 for multi -family dwellings,
$8.58 for mobile homes, and a graduated scale for commercial/industrial users that is
dependent upon volume and the level of suspended solids in the wastewater; and
WHEREAS, the City of San Diego METRO now includes Chemical
Oxygen Demand as a billable component of sewer discharge along with sewage volume
and the level of Suspended Solids in the wastewater; and
WHEREAS, by use of existing sewer revenues, the change in billing
parameters along with an increase in the cost of transporting and treatment of sewage
can be accommodated with no change in residential rates and the change in non-
residential rates can be accommodated over two years.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of National City that the City Council does hereby approve and establish the
revised method of establishing sewer service fees and does hereby adopt the sewer
service fees set forth in the attached Exhibit "A", which is incorporated herein by
reference.
PASSED and ADOPTED this day of , 1998.
A 1 1 E.ST:
Michael R. Da. lla, City Clerk
APPROVED AS TO FORM:
George H. Ise:. III
City Attorney
George H. Waters, Mayor
Single Family Residence
Multi -family Residence
Mobile Homes
Commercial low strength
Commercial medium low
Commercial medium
Commercial medium high
Commercial high
SEWER RATE
ATTACHMENT "A"
<200 PPM
201 to 280 PPM
281 to 420 PPM
421 to 600 PPM
>600 PPM
OLD
514.58/month
$13.58/month
$ 8.58/month
5 1.96/HCF
5 2.16/HCF
$ 2.51/HCF
$ 2.96/HCF
$ 3.46/HCF
N EN
S 14.58/month
$13.58/month
S 8.58/month
S 2.18/HCF
S 2.37/HCF
$ 2.94/HCF
$ 3.52/HCF
$ 4.46/HCF
SEWER SERVICE RATE - DISCUSSION
Background:
A portion of the Metro Point Loma plant was constructed with Federal Grant monies. For
this reason, we come under Federal guidelines in determining our sewer rates (in fact, our
rates have to be approved by the State Water Resources Control Board, acting for the
Feds). Those guidelines require that...the user charge system must result in distnbution of
the O&M costs among ail users in proportion to their loadings an the treatment works....
This was not a problem originally, since San Diego Metro billed only on flow, and our rates
were so structured. A few years back, San Diego determined that Suspended Solids (SS)
were a component that affected the cost at the plant, and they began billing on both Flow
and Suspended Solids. We changed our rate structure then, providing a graduated scale
for costs relating to the suspended solids levels from customers. Since the SS was a
measurable amount and since residential properties are at the lowest level of SS, the
impact of the inclusion of this factor in the rates was adverse to businesses, since only
they have the higher SS levels. But this increase was proper in that it was more costly to
treat business sewer flows because of their generally higher levels of SS, and the
Federal's regulation requires proper attribution of costs.
Current Situation:
San Diego Metro has identified an additional component of sewer requiring treatment.
That component is Biological Oxygen Demand (BOO) (but since Chemical Oxygen
Demand (COD) is roughly proportional to BOO and is much easier to measure it will be
used). The same situation as before occurs in that businesses generally have the higher
levels of BOD/COD. and the costs of treatment can be identified to businesses.
San Diego. by testing, has determined that of 100% of the cost of sewer transport and
treatment, roughly 47.9% is related to flow only, 27.5',10 to SS and 24.5% to COD. This
break out of cost elements is what increases the share of costs that will be bcme by
businesses. It should be noted that the costs have always been there. because San Diego
has been dealing with flow SS and BOC/COD for years. Only now have they discreetly
identified those costs. Nc intent is made to go back to prior years to adjust the charges to
be heavier on businesses. We will go forward only.
Specific Impact:
The total metro costs for National City Sewage (including Capital Costs) will increase from
the $2.451,000 estimate of FY-98 to $2,807,500 for FY-99. (Total Budget goes from
$3.7M to 54.OM).
This increase would raise single family rates from S14.58 per month to 315.00 per month,
and the Commercial rates from S1.96 per HCF water delivered to S2.24 per HCF for the
lowest business rate and from 53.46 per HCF to S4.53 per HCF for the highest business
rate. Although these rates would compare favorably with those of our surrounding cities
(see attacnment), it was 'reit that this would be an approohate time to utilize some of the
"Rate Stabilization' money _n the Fund.
Recommerdat;cn•
According;y. use of approximately 3100.000 of the rate staciiizaticn reserve is
recommended to permit hates for residential to remain the same, arc tc spread the impact
of the increased oortien cf the costs related to SS and COD upon businesses over 2
years.
U
Coronado $8328
$83.28 $832e
Del Mar $57.38
$57.38 $182.38
El Cajon $22. to
s22.10 $95.32
Imperial Beach $20.63
$44.99 $90.23
La Mesa $18.10
$39.20 $52.40
Lemon Grove $28.17
$28.17$28.17
gip, . dKicvis2
Bimonthly Sewer Rates for Single Family Dwellings
AGENCY Minimum Bill
Avery a Bill Maximum BIII
Chula Vista $38.00
$38 00 $38.00
:National City $29.18
s29.16 $29.1s
;Poway $19.31 $43.86
$86.38
?San Diego
$15.14 $48.48
;Spring Valley $46.00 $62.74
$48 00 E18.00
in
0
0
• Average based on 14 units water usage
O416Ia
City of National City, California
COUNCIL AGENDA STATEMENT
May 26, 1998
MEETING DATE AGENDA ITEM NO 7
ITEM TITLE
REQUEST TO USE ANTIQUE FIRE ENGINE (R-1) AS A DISPLAY AT
THE SOUTH BAY EMERGENCY SERVICES AND SAFETY EXPO '98
PREPARED BY Donald Condon,
Battalion Chief
EXPLANATION.
DEPARTMENT
Fire
The National City Fire Department will be participating in the South Bay
Emergency Services and Safety Expo '98 at the Plaza Bonita Shopping
Center.
It is requested that the City's antique fire engine, R-1, be displayed
at the event. Overtime costs for the driver are available in the Fire
Department budget.
The event will take place between approximately 11:00 a.m. and 4:00 p.m.
on Saturday, May 30, 1998.
All requirements as set forth in City Council Policy #111 will be
adhered to.
Environmental Review X N/A
Financial Statement
Cost of driver/operator are
available in the Fir De artment budget.
ccount No. 001 412 125-102
STAFF RECOMMENDATION
Approve request as submitted.
Randy K.
BOARD/COMMISSION RECOMMENDATION
N/A
ire Chief
ATTACHMENTS (Listed Below) Resolution No.
South Bay Emergency Services and Safety Expo '98 flyer.
- Fire Engines
- Ambulances.
Helicopters.
?dice Vehicles
.erT am
CUM
1411g3T7aa
SATURDAY,.MAY 30th
t :OOam -- 4:0Qprmc
PLAZA.BONIT
«cam Parkin�i_ot} .
OD DR
(finnan of %.ittt Dienn
HEALTH HUMAN _,EHVICES .CCENCV
DIVISION CIF EMFRiCC DAD' ME_DICAI SE(TVICES
SHOPPINGTOWN
*PLAZA BONITA*.
Location: 3030 Plaza Bonita Rd. National City For Further Info Call (619) 267-2850
EMIR
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 26, 1998 AGENDA ITEM NO 8
ITEM TITLE
REFUSE RATE RECOMMENDATION FOR FY-99
PREPARED BY C.R. Williams, Jr. DEPARTMENT Public Works
EXPLANATION
See attached.
Environmental Review x N/A
Financial Statement
The Enterprise fund will be augmented by $21,000. The Franchise Fee goes to 8%, by contract.
Keeping the rates constant for this second year will benefit citizens and businesses of National City.
Account No N/A
aTAFF RECPMMENDATION
Approve the FY-99 Refuse rates to rem at the FY-98 level as established by Resolution 97-68
attached.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
1. EDCO letter of 18 May 1998
2. Deloitte & Touche Report of 11 May 1998
3. Resolution 97-68 Establishing Rates for FY-98
Resolution No
REFUSE RATE RECOMMENDATION FOR FY-99
Explanation:
TI-e establishment of the rates for trash service is based upon estimates of the
quantities of various components to be used (Landfill quantities, yard waste
quantities, recyclables sold, and consumer price index) as related to the cost/price
of such components. This determines the rates. For the rate Review, the actual
performance for 9 months (July -March) is escalated to 12 months, and the actual
total costs/price of budget items is determined, and is compared to budgeted
amounts. Overcollection or undercollection by EDCO occurs unless our estimates
aria uncannily exact, and in the past have required adjustments in the following
year's rates.
The tip fee situation at present is volatile with the County Landfills having been
sold to private enterprise. Their rates have increased already and may again. City
of San Diego is considering the application of a surcharge/tax on all trash
disposited in the Miramar or Sycamore landfills (which we routinely do not use), but
this presents an opportunity for a comparable and (windfall) increase by the private
owner at Otay (which we do use). In addition EDCO's transfer station at LA MESA
is nearing completion, which will give use the opportunity to send our trash out of
the current system if that becomes desirable/economic. We are guessing that the
average tip fee rate will increase to $34.60 per ton for the year. The franchise fee
gees to 8% in accord with our contract. The cost for disposal of green waste is
also going up from the $19.00 projected last year to $24.00 per ton for FY-99. The
consumer price index is down, so that element of cost will decrease slightly.
With all of the upward pressures on the rate, it would normally increase. However,
for FY-98, Council established the Refuse Enterprise Fund, the primary purpose of
which is to absorb all overcollection/undercollections; that is, to stabilize the rate
itself. We will enter FY-99 with about $344,000 in this Fund. The Enterprise fund
contribution for FY-99 can be reduced sufficiently to keep rates constant for FY-99.
This will require reducing the contribution to $21,000. With a FY-99 beginning
balance of $344,000, a $21,000 FY-99 contribution against a FY-99 $140,000
Enterprise Fund Budget (that will be presented at budget time) will give a planned
end-of-year-FY-99 balance of $214,000.
Ti-e rate change letter from EDCO (18 May 1998) recommending that the rates
remain constant for FY-99 is attached. Also attached is the report of the
independent Audit firm of Deloitte & Touche. This is a report, not an audit. as
indicated.
RECOMMENDATION:
Ti-at the Refuse Enterprise Fund Contribution for FY-99 be set at 321,000 and that
the Refuse rates for FY-99 remain at their FY-98 levels. Specifically, the single
family rate to stay at $13.95 per month. The Senior Citizen rate stay at $11.16, the
Silver Bag program stay at $ 1.85 per bag, and the Commercial rate stay at $84.50
per 3 yard can once per week, all as shown on the attached. The unit charge for
multi -family non -recycling to remain at $0.51 per unit per month.
NOTE:
It should be noted that the rates for Single Family trash service provided by EDCO
have been declining in the past few years:
FY-95: $16.68/$16.30
FY-96: $14.85
FY-97: $14.36
FY-98: $13.98
FY-99: $13.98 PROPOSED
FY-00 Projection:
The uncertainties of the landfill tipping fees, the costs of the Household Hazardous
Waste program, the volatility of the markets for re -usable materials, the 1%
increase in franchise fee next year, and the return to Enterprise fund contribution of
about $150,000 will make it probable that the rate for next year (FY 2000) is
unlikely to be kept down, and will probably rise by about $0.50 per unit per month
for single family, and other rates a comparable amount.
667C Federal Ecuievard, Lemon Grove, California 91245 (6191 287-7555 Fax (619) 287-5242
May 18, 1998
City of National City
1243 National Avenue
National City, California 92050
Honorable Mayor and Members of the City Council:
The Refuse Collection and Recycling Agreement between the City of National City and EDCO
Disposal Corporation provides for certain periodic rate adjustments. The contract allows for a
pass through of changes in the disposal site fee and annual adjustments by the amount of the local
consumer price index.
After four straight rate reductions, and in accordance with cost projections made last year, EDCO
is pleased to propose that the rates for the upcoming year be unchanged from current rates.
This rate stability is made possible by favorable results of landfill costs and recycling revenues
compared to projections made last year. Consistent with last year's plans the Trash Enterprise
Fund contribution will be reduced for the coming year. Included in the proposed rates is a modest
increase in operating expenses based on the most recent CPI index of 1.1%.
EDCO continues to offer a 20% discount for senior citizens in National City.
As in prior years, EDCO's requests for rate increases have been subjected to independent review
by the auditing firm of Deloitte & Touche. Their report supports our rate proposal.
Please approve the attached rate schedule to be effective July 1, 1998. As always, thank you for
your consideration.
Respectfully,
EDCO Disposal Corporation
Edward Burr
President
A WASTE COLLECTION AND RECYCLING COMPANY
1T^77\C'--17071\PP 1
Deloitte&
Touche ILP
Sul:a 1900
70' "3" Street
San 73reao, Carornia 92101-8198
Teephore: l6 9! 232-6500
ITT Telex:-1995722
Facsimile: (6191 237-1755
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON
PROCEDURES
May 11, 1998
Mr. C. R. Williams, Jr.
Public Works Department
City of National City
2100 Hoover Avenue
National City, California 91950-6599
Dear Mr. Williams:
We have performed the agreed -upon procedures enumerated below, to accounting records and
other items as related to EDCO Disposal Corporation ("EDCO") and San Diego Recycling
("Recycling"), which were agreed to by you, to assist you in establishing a refuse rate for the
City of National City and in evaluating your contractual relationship with EDCO and
Recycling. This engagement to apply agreed -upon procedures was performed in accordance
with standards established by the American Institute of Certified Public Accountants.
The procedures we performed, which relate primarily to your fiscal 1999 residential refuse
rate, are summarized as follows:
We read EDCO's internally prepared financial statements for the nine months ended
February 28, 1998, and the audited financial statements for the year ended May 31, 1997.
We inquired of Dan Gallaher (Controller for EDCO), as to any changes in accounting
policies and methods of application which might affect the fiscal 1999 refuse rate for
National City. No changes which might affect the fiscal 1999 refuse rate for National
City were identified.
2. We agreed the fiscal 1998 refuse rate from the prior year's calculation to the refuse rate
used in the fiscal 1999 refuse rate calculation.
3. We obtained information from the U. S. Department of Labor - Bureau of Labor Statistics
and agreed such information to the amount used in the Consumer Price Index ("C.P.I.")
adjustment in the fiscal 1999 refuse rate calculation.
DeloitteTouche
Tohmatsu
International
4 We recalculated franchise fees due to National City for the period from April 1, 1997 to
March 31, 1998, to ascertain that they were calculated based on 6% or 7%, as applicable,
of cash collected as reported in EDCO's underlying financial records. Recalculation was
performed without exception.
5. We read franchise fee remittances made to National City by EDCO for the period from
April 1, 1997 to March 31, 1998 to ascertain that they were made on a monthly basis.
6. We agreed San Diego County estimated landfill tip fee of S32.00 per ton projected in the
fiscal 1998 rate review process to correspondence from the County of San Diego
regarding the Tip Fee Resolution Approved for Implementation July 1, 1997.
7. We agreed actual tons of refuse collected for two judgmentally selected days in the period
from July 1, 1997 to February 28, 1998 to the supporting landfill tickets.
8. We recalculated the percentage effect of the projected fiscal 1999 San Diego County
landfill tip fee increase on the fiscal 1999 refuse rate. Recalculation was performed
without exception.
9. We ascertained that one-time adjustments to the fiscal 1998 refuse rate were properly
excluded from the fiscal 1999 refuse rate.
10. We recalculated the difference between the actual annualized revenues from the sale of
recyclables and the projected revenues from the sale of recyclables used in the fiscal 1998
refuse rate. Recalculation was performed without exception.
11. We agreed total tons of recyclable materials collected to underlying accounting records
for two judgmentally selected months. From the underlying accounting records, we
judgmentally selected five daily recyclable totals and agreed those totals to supporting
work tickets. We determined the reasonableness of recycling rates as compared to three
judgmentally selected recycling receipts.
12. We recalculated the effect of franchise fees on the fiscal 1999 refuse rate. Recalculation
was performed without exception.
13. We recalculated the percentage effect of the yard waste disposal fee increase on the fiscal
1999 refuse rate. Recalculation was performed without exception.
14. We agreed coverage levels of insurance in force to the insurance provider's certificate of
insurance to ascertain that such coverage was in compliance with contractual
requirements.
We were not engaged to, and did not, perform an audit, the objective of which would be the
expression of an opinion on the refuse rate for the City of National City. Accordingly, we do
not express such an opinion on the rate. The sufficiency of the procedures is solely the
responsibility of the specified users of this report. Consequently, we make no representation
regarding the sufficiency of the agreed -upon procedures described above either for the
purpose for which this report has been requested or for any other purpose. Had we performed
additional procedures or had we performed an audit in accordance with generally accepted
auditing standards, other matters might have come to our attention that would have been
reported to you. This report relates only to the accounts and items specified above and does
not extend to any financial statements of EDCO, taken as a whole.
This report is intended solely for the use of the City Council of National City and the
management of EDCO and Recycling and should not be used by those who have not agreed to
the procedures and taken responsibility for the sufficiency of the procedures for their
purposes. However, it is understood that this report is a matter of public record and its
distribution is not limited.
Very truly yours,
-3-
RESOLUTION NO. 9 7-63
RESOLUTION OF lti. CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A REFUSE SERVICE RATE CHANGE
FOR EDCO DISPOSAL. CORPORATION, AND
ESTABLISHING A REFUSE ENTERPRISE FUND
WHEREAS, the last refuse service rate change for Edco Disposal
Corporation, the Ciry's contract refuse hauler, was in June 1996; and
WIEREAS, the rate for waste disposal is estimated to be S32.00 per ton
on July 1, 1997; and
WI-lRB.AS, a public hear-ing. was held to consider the refuse service rate
change at the regularly -scheduled City Council meeting of June IQ, 1997, notice of which
hearing was published according to law in a newspaper of general circulation in the City.
Ar said hearing, the City Council considered oral and written evidence presented by the
City Council, staff, and members of the public.
NOW, 1r2.REF ORE, BE IT RESOLVED by the City Council of the City
of National City that the proposed refuse service rate schedule, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved,
effective July 1, 1997. Said document is filed in the office of the City Clerk.
BE IT FURTI-EEF. RESOLVED that a Refuse Enterprise Fund is hereby
established to provide rare stabilization and to be used for refuse related purposes
including AB 939 expenses, litter control, City assistance at Citywide cleanup, special
studies; staff support and other related functions.
Continued on Page Two
nor* 1(7-rr+c��
ResoIuticn Na. 97-53
Page Two
PASSED and ADOPTED this 10th day of June, 1997.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H Eiser, III
City Attorney
IVP.'''.I1 o r—. JL:+G:J Ir L�
July 1, 1997
3B1SH AND GARBAGE
RESIDENTIAL
• month residential single family properties
the second and for each additional
dental unit in multiple dwellings which
not exceed four units
"RAILER PARKS AND MOTELS
time per week, per unit, per month
APARTMENT HOUSES
time per week, per unit, per month
-SENIOR CITIZEN RESIDENTIAL
month
;OMMERCIAL AND INDUSTRIAL ESTABUSHMENTS
:o (2) 40 gallon containers
,) 90 gallon automated cart
time per week, per month
(2) 40 gallon containers
1 90 gallon automated cart
times per week, per month
.o (2) 40 gallon containers
90 gallon automated cart
Ee times per week, per month
:c (2) 40 gallon containers
;) 90 gallon automated cart
;Imes per week, per month
(2) 40 gallon containers
') 90 gallon automated cart
;six days/ onday-Saturday)
::coal or unusual accumulation
:cish (per cubic yard)
CURRENT PROPOSED
MONTHLY MONTHLY
RATE RATE
514.36 513.95
$11.33 $11.00
59.96 $9.87
510.11 59.82
$11.49 511.16
316.46 315.99
326.21 325.46
$33.69 532.72
$41.64 340.4-4
$54.38 $52.82
$10.20 59.91
BOX TYPE REFUSE SERVICE
COLLECTION NUM:EtIER
FREQUENCY OF BINS
CURRENT PROPOSED
MONTHLY MONTHLY
RATE RATE
1 1 587.04
2 1 5146.92
3 1 5206.81
4 1 5258.46
5 1 $330.11
6 1 5391.75
7 1 $453.40
1 :z 5148.59
2 2 $266.70
3 2 5384.71
4 2 55C0.96
5 2 5617.21
6 2 5723.45
7 2 $849.71
1 2 $ 2 1 0.33
2 .1 5382.95
3 3 $55�.56
4 3 S726.41
5 3 $897.27
6 3 $1,068.12
7 3 51,238.97
1 4 $271.98
2 4 $429.20
3 4: 5725.41
4 4: 5951.37
5 4. 51,177.32
6 4. S1,402.78
7 .4. 51,628.23
1 5 5333.63
2 5 5819.49
3 5 5897.27
4 ..5 51,170.29
5 5 51.443.29
6 5 $1,716.30
7 5 5 1, 9 8 9.31
1 6 5395.23
2 6 s 73 1 .70
3 6 51,068.12
4. 6 51,39-z..97
5 Ei 51,719.92
6 6 s2,045.53
$84.54
$ 1 42.71
$200.88
$26C_76
$320.64
$380.52
$ 4 40.4.0
$144.42
$259,05
S373.58
$436.59
S599.51
571 2.43
5825.34
S 204.30
$371.97
$539.63
5705.58
$871.54
$1,037.49
51,203.44
5264.18
5484.88
5705.58
S924.57
$1,143.56
51,362.55
$1,531.54
5324.06
S597.80
5871.54
S1,136.72
$1,401.90
$1,6087.08
51,932.27
s383.94
5710.72
51,037.49
$ 1,354.00
51,670.61
51,987.01