City of Santa Monica
City Council Meeting
AGENDA
GLEAM DAVIS
MAYOR
PHIL BROCK LANA NEGRETE
COUNCILMEMBER MAYOR PRO TEM
CHRISTINE PARRA CAROLINE TOROSIS
COUNCILMEMBER COUNCILMEMBER
JESSE ZWICK OSCAR DE LA TORRE
COUNCILMEMBER COUNCILMEMBER
DAVID WHITE
CITY MANAGER
DOUGLAS SLOAN
CITY ATTORNEY
DENISE ANDERSON-WARREN
CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.
City of Santa Monica Generated: 9/11/2023 1:25 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11494(CCS))
WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.
Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.
Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.
ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)
1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).
2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).
3. Closed Session.
4. Special Agenda Items (City Manager’s Report,
Presentations, etc.).
5. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).
6. Public Comment on remaining Agenda Items
7. Study Session.
8. Continued Items.
9. Administrative Proceedings.
10. Ordinances:
• 1
st Reading
• 2
nd Reading
11. Staff Administrative Item.
12. Public Hearings.
13. Reports of Boards and Commissions.
14. Resolutions.
15. Written Communications (other than
Reports of Commission and Officers).
16. Councilmember Discussion Items.
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 9/11/2023 1:25 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, SEPTEMBER 12, 2023
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:
Written public comment can be submitted via email to [email protected].
Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)
2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA
ITEMS, CONSENT CALENDAR ONLY)
3. CLOSED SESSIONS
3.A. Conference with Labor Negotiator - Government Code Section 54957.6.
City Negotiator: Mayor
Unrepresented Employee: City Clerk
3.B. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: Santa Monica Place Parking Structure 7, Downtown Santa Monica California; City Negotiator: Melissa Spagnuolo, Community Partnership Manager; Owner of Record: City of Santa Monica; Persons to be negotiated with: Julia Ladd, Jon Stoeckly, Macerich; Under negotiation: Price and Terms of Payment for Billboard License on Parking Structure - New Item Received. 9/07/2023
City of Santa Monica Generated: 9/11/2023 1:25 PM Page 4
3.C. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, LASC Case No. BC 616804; California Supreme Court Case No.
S263972 - New Item Received. 9/07/2023
4. SPECIAL AGENDA ITEMS
4.A. Proclamation: Suicide Prevention Month
4.B. Proclamation: Hispanic Heritage Month
4.C. Commendation: Eda Suh and Gary Rhoades
The following is the order of business for items to be heard no earlier than 7:00 p.m.
4.D. City Manager's Report - 1) Low-Income E-Bike Voucher Program and 2) Update on Public Safety
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
5.A. Approval of Professional Services Agreement with Nationwide Retirement Solutions, Inc. for Deferred Compensation Plan Administrator Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute an agreement with Nationwide Retirement Solutions, Inc. (Nationwide) for deferred compensation plan administrator services for a period of five years with two additional one-year renewal options. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b).
.
5.B. City Council - Regular and Special Joint Meeting - Jun 27, 2023 5:30 PM
5.C. City Council - Special Meeting - Jul 25, 2023 5:35 PM
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
7. STUDY SESSION
No items
City of Santa Monica Generated: 9/11/2023 1:25 PM Page 5
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
10.A. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon Usage on CityOwned Property and Other Locations, Establish a Voluntary Commitment Program, and Ban Non-Serialized Firearms in the City
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.B. Second Reading and Adoption of an Ordinance Adding Santa Monica Municipal Code Chapter 3.29 to Prohibit the Open Carry of Knives, Daggers, and Swords in Public Areas
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.C. Second Reading and Adoption of an Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
10.D. Introduction and Adoption of an Urgency Ordinance Amending Santa Monica Municipal Code Section 3.22.090 to Extend the Second Shared Mobility Device Pilot Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines
City of Santa Monica Generated: 9/11/2023 1:25 PM Page 6
2. Introduce and adopt an urgency ordinance amending Santa Monica Municipal Code (SMMC) Section 3.22.090 to extend the term of the Second Shared Mobility Device Pilot Program from September 30, 2023, to a date thirty calendar days after execution of the contract(s) under SMMC Section
3.23 for permanent shared mobility services.
10.E. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 6.49 on Taxicabs to Transition from Taxicab Franchises to Taxicab Permits - Attachments Added. 9/07/23 Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) and a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading changes to the attached ordinance, SMMC 6.49, Taxicabs, that transition the City from a taxicab franchise program to a permitbased program.
11. STAFF ADMINISTRATIVE ITEMS
11.A. Adoption of a Resolution Amending Council Rules of Order and Procedure Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Permanently adopt the public input pilot, previously extended to December 31, 2023, in order to efficiently implement hybrid public input model approved by Council in the 2023-25 biennial budget; and,
3. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure and repealing Resolution No. 11517 (CCS).
11.B. Approval of Exclusive Negotiating Agreement with AMCAL Multi-Housing, Inc. and Gen-Land, LLC
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with AMCAL Multi-Housing, Inc. and Gen-Land, LLC, for the development of affordable and market housing on the assemblage site which includes City-owned parcels located adjacent to Expo Terminus Station.
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
12. PUBLIC HEARINGS
City of Santa Monica Generated: 9/11/2023 1:25 PM Page 7 No items
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. Appointment to two seats on the Human Services Commission for terms both ending on 6/30/2026.
16.B. Appointment to one L.A. West Vector Control District seat for a term ending on 6/30/2026.
16.C. Request of Councilmember Brock and Councilmember Parra that the City of Santa Monica oppose SB 423 and direct the City Manager to have the City’s State lobbyist take all action necessary to advocate on the City’s behalf. - New Item Received. 9/07/2023
16.D. Request of Councilmember Brock and Mayor Pro Tem Negrete to give direction to the City Attorney and City Manager to: (1) draft and return with Municipal Code amendments that would limit noise affecting City residents between 9 p.m. and 8 a.m.; (2) request that the City’s state lobbyist continue to advocate and pursue state legislation to enable the City to use soundactivated devices to enforce vehicle noise limits; (3) evaluate the ability to enforce California Vehicle Code 27150 and 27151 and (4) evaluate the costs and ability to deploy sound-activated devices to enforce noise limits on the Promenade. - New Item Received. 9/07/2023
16.E. Request of Councilmember Zwick, Councilmember Torosis, and Mayor Davis that the City Manager study and prioritize timely and effective solutions to prevent dangerous motor vehicle incursions into Santa Monica’s protected and unprotected bike lanes. Specifically, the City Manager should consider enhanced enforcement by parking and traffic officers, photo enforcement to the extent allowable by law, a targeted curb management evaluation and space reallocation to reduce double parking in bike lanes, and the deployment of quick-build infrastructure to protect bike lanes and reorient parking on streets in the City’s existing and planned protected bikeway network whenever feasible. - New Item Received. 9/07/2023
City of Santa Monica Generated: 9/11/2023 1:25 PM Page 8
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.
City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).
City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation: Suicide Prevention Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council
4.A
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City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 4.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation: Hispanic Heritage Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council
4.B
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City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 4.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Commendation: Eda Suh and Gary Rhoades
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council
4.C
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City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 4.D
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager's Report - 1) Low-Income E-Bike Voucher Program and 2) Update on Public Safety
Prepared By: Sergio Ramirez, Acting Chief of Staff
Approved Forwarded to Council
4.D
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City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 5.A
1 of 4
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Approval of Professional Services Agreement with Nationwide Retirement Solutions, Inc. for Deferred Compensation Plan Administrator Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute an agreement with Nationwide Retirement Solutions, Inc. (Nationwide) for deferred compensation plan administrator services for a period of five years with two additional one-year renewal options. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b). .
Summary
The City offers a 457(b) Deferred Compensation plan for permanent employees, an OBRA-PST (Omnibus Budget Reconciliation Act - Part-time, Seasonal, Temporary) Deferred Compensation Plan for as-needed / temporary employees, Post Employment Health Plans (PEHP), and a 401(a) Money Purchase Pension Plan through Nationwide Retirement Solutions, Inc. (Nationwide). The OBRA-PST plan provides a retirement alternative to Social Security for non-benefited as-needed / temporary workers.
Discussion
Nationwide has provided these plans to City staff since 2008. As of July 2023, 5,542 full and part time employees and retirees participate in the supplemental retirement plans.
Current employees have the option to contribute a percentage or flat dollar amount
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each pay period. Retirees and separated employees may continue to have funds on deposit and manage their investment options.
As the current plan administrator, Nationwide provides plan administration, recordkeeping, and extensive educational services. Educational services include on-site and one-on-one sessions with City employees. Pending expiration of the current agreement on December 31, 2023, the City requested that Nationwide update and reduce their fees. As a result of these efforts, the City successfully negotiated a 34% reduction in participant administration fees from 0.035% to 0.023%.
Executing a new agreement with Nationwide will provide service continuity and administrative ease for staff and participants. Nationwide is a leader in the industry and has a proven ability to cost effectively meet the City’s complex needs.
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3 of 4
Vendor Selection
Exception to Competitive Bidding
Staff recommends Nationwide to provide deferred compensation plan administrator services as an exception to competitive bidding per Santa Monica Municipal Code Section 2.24.250 (b). Competition does not reasonably exist because Nationwide possesses the unique capability to meet the particular requirements of the solicitation.
Nationwide currently provides deferred compensation, PEHPs and Money Purchase Pension Plans to 5,542 full- and part-time employees and retirees and has been providing such services since 2008. Extending the term with Nationwide will maintain continuity in service for the over 5,000 current and past employees that utilize these plans. Further, it is unlikely that completing a competitive procurement process would result in cost-competitive proposals from other sources, particularly given that Nationwide agreed to a 34% reduction in participant administration fees, and Nationwide has agreed to continue to provide extensive educational services, including on-site and one-on-one sessions with City employees.
Based on Nationwide’s continued ability to successfully provide the full scope of services needed to maintain a positive plan participant experience, continuity in HR operations, and a 34% reduction in participant fees, staff recommends a contract with a five-year term with two one-year renewal options (for a total 7-year contract).
Environmental Impact
The agreement for a deferred compensation plan administrator is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The agreement would provide administrative services to the City and would not result in physical effects. No further environmental review is necessary.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. All fees relating to the services are borne by plan participants, not the City.
Prepared By: Mark Brower, Deputy Director
Approved Forwarded to Council
Attachments:
A. OAKS Signed 8-22-23
5.A
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Please attach additional pages if more space is required.
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
DocuSign Envelope ID: F5EEE526-BF65-46BE-BB52-DB3D85514B01
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Attachment: OAKS Signed 8-22-23 (5890 : Deferred Compensation Administration Agreement) Please attach additional pages if more space is required.
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ Nationwide Retirement Solutions
Kirt Walker - Chief Executive Officer
John Carter - President & COO, NW Financial
Timothy Frommeyer - EVP, Chief Financial Officer
N/A
Catherine Moore AVP Operations [email protected] 614-435-6998 DocuSign Envelope ID: F5EEE526-BF65-46BE-BB52-DB3D85514B01 8/22/2023
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Attachment: OAKS Signed 8-22-23 (5890 : Deferred Compensation Administration Agreement) 1 June 27, 2023
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 27, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:31 p.m., on Tuesday, June 27, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and Gran Via de les Corts Catalanes, 605 08007 Barcelona Spain.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre (via telephone)
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:50 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all members present except Councilmember Torosis. Chief Deputy City Manager Anuj Gupta led the assemblage in the Pledge of Allegiance.
GENERAL PUBLIC
INPUT:
Councilmember Torosis
arrived at 5:50 p.m.
Members of the public John Berry, Steve Lavell, Keith Brown, Madi Hertz, Chris Rink, John Medleh, Ryan Kim, Ken Ward, Kenny Fields, Luis Tabares, and Jerry Rubin commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
There were no members of the public present to comment on closed session, special agenda or consent calendar items.
AGENDA
MANAGEMENT
Motion by Mayor Davis, seconded by Councilmember Brock, to move the continued appointments for the Disability and Human Services Commissions to be heard with the annual appointments as 16 items. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 2 June 27, 2023
NOES: None
ABSENT: None
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 5:54 p.m., to consider closed sessions and returned at 7:19 p.m., with all members present, to report the following:
3.A. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Santa Monica-Malibu Unified School District, et al. v. Los Angeles County Committee on School District Organization; LASC Case No. 22STCP00986; Appellate Case No. B327290, was presented.
The City Attorney advised this matter was heard with no reportable action taken.
3.B. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, LASC Case No. BC 616804;
California Supreme Court Case No. S263972, was presented.
The City Attorney advised this matter was heard with no reportable action taken.
3.C. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Scott Hobbs v. City of Santa Monica et al.; LASC Case No. 21STCV14880, was presented.
The City Attorney advised this matter was heard with no reportable action taken.
3.D. Public Employee - Gov. Code Section 54957(b): Performance evaluation of a public employee; Title: City Attorney; Conference with Labor Negotiator - Gov. Code Section 54957.6: City Negotiator: Mayor; Unrepresented Employee: City Attorney, was presented.
The City Attorney advised this matter was heard with no reportable action taken.
3.E. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Jerrid Powell v. City of Santa Monica, et al.; LASC Case No. 20STCV15438. [report out only]
The City Attorney advised this matter involved a personal injury case, and
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 3 June 27, 2023
the Council approved a settlement in the amount of $700,000 at the April 11, 2023 meeting, by a 6-0 vote, with Councilmember Parra absent.
SPECIAL AGENDA
ITEMS:
4.A. City Manager's Report, was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
REAL ESTATE
BROKERAGE AND
CONSULTING
SERVICES
5.A. Award RFP #349 to Corporate Realty Group for Airport Commercial Real Estate Brokerage and Consulting Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #349 to Corporate Realty Group (CRG), a Californiabased corporation, to provide commercial real estate brokerage services and related consulting services for non-aviation properties at the Santa Monica Airport.
2. Authorize the City Manager to negotiate and execute Agreement No. 11419 (CCS) with CRG in an amount not to exceed $298,608 for three years, with two additional one-year renewal options of $134,877 for renewal option one and $333,962 for renewal option two, for a total amount not to exceed $767,447 (including a 10% contingency) over a five-year period, with future year funding contingent on Council budget approval.
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
EV CHARGING
EQUIPMENT
SOFTWARE
5.B. Approval of Reinstatement and 2nd Modification of Agreement No. 10507 (CCS) with ChargePoint, Inc. for EV Charging
Equipment Software and Maintenance Services, was approved.
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 4 June 27, 2023
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a reinstatement and second modification of Agreement No. 10507 (CCS) with ChargePoint, Inc. to extend the term of the agreement for an additional five years and increase the total compensation by $304,425 for EV charging equipment, software, and maintenance services. This would result in a ten-year reinstated and amended agreement with a new total amount not to exceed $970,797 with future year funding contingent on Council budget approval.
AIRPORT RUNWAY
REPAIR PROJECT
5.C. Award Contract No. 11420 (CCS) to PCI for the Airport Runway Rubber Removal, Crack Seal, and Restripe Project, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities) and 15302
(Replacement/Reconstruction), of the California Environmental Quality Act (CEQA) Guidelines.
2. Award Bid # SP2462 to WGJ Enterprises Inc., dba PCI, for the Airport Runway Rubber Removal, Crack Seal, and Restripe for the Public Works Department.
3. Authorize the City Manager to negotiate and execute Contract No. 11420 (CCS) with PCI, in an amount not to exceed $1,044,280 (including a $94,935 contingency).
4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
ELECTRONIC AGENDA
MANAGEMENT
5.D. Approval of Fifth Contract Modification with Carahsoft/Granicus for Electronic Agenda Management Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a fifth modification to Agreement No. 9784 (CCS) in the amount of $19,132 with Carahsoft/Granicus for an agenda management software system for the Records and Election Services Department.
This will result in a 10 year and 6 month amended agreement with a new total amount not to exceed $207,746, with future year funding
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 5 June 27, 2023
contingent on Council budget approval.
DISPOSABLE GLOVES 5.E. Award Bid #4445 to Bound Tree Medical for purchase and delivery of Microflex Disposable gloves, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4445 to Bound Tree Medical, an Ohio-based company, for the purchase and delivery of Microflex disposable gloves to be used by staff citywide;
2. Authorize the Procurement Manager to issue annual purchase orders to Bound Tree Medical, for the purchase and delivery of Microflex disposable gloves for a total amount not to exceed $720,000 over a five-year period, with future funding contingent on Council budget approval; and,
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
WOODLAWN
CEMETERY
5.F. Award Contracts to Beacon Mortuary, Inc., for Mortuary Services and Decedent Transportation Services and to Farmscape, Inc., for Specialized Landscape Maintenance Services for Woodlawn Cemetery, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #352 to Farmscape, Inc., for specialized landscaping services for the Eternal Meadow area of Woodlawn Cemetery, Mausoleum & Mortuary, for the Public Works Department.
2. Authorize the City Manager to negotiate and execute Agreement No. 11421 (CCS) with Farmscape, Inc., in an amount not to exceed $150,000 over a five-year period with future year funding contingent on Council budget approval.
3. Award RFP #353 to Beacon Mortuary for providing decedent transportation services for Woodlawn Cemetery, managed by the Public Works Department.
4. Authorize the City Manager to negotiate and execute Agreement No. 11422 (CCS) with Beacon Mortuary for decedent transportation services in an amount not to exceed $200,000 over a five-year period with future year funding contingent on Council budget approval.
5. Award RFP #354 to Beacon Mortuary for providing mortuary services for Woodlawn Cemetery, managed by the Public Works Department.
6. Authorize the City Manager to negotiate and execute Agreement No. 11423 (CCS) with Beacon Mortuary for mortuary services in an amount not to exceed $475,000 over a five-year period with future
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 6 June 27, 2023
year funding contingent on Council budget approval.
7. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
MINUTES 5.G. Minutes of City Council - Special Meeting - Jun 13, 2023, 5:25 PM, were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Michelle Gray, Michelle Edgar, Denise Barton, Spencer Gross, and Dana Coffman commented Item 16.A.
Member of the public Denise Barton commented Item 16.C.
REPORT ON
MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive $50 for meeting as the Housing Authority and $50 for meeting as the Parking Authority.
SPECIAL JOINT
MEETING
On order of the Mayor the City Council convened to a special joint meeting of the Housing Authority and Parking Authority at 7:34 p.m., with all members present.
PUBLIC HEARINGS:
BUDGET
12.A. Adoption of the First Year and Approval of the Second Year of the FY 2023-25 Biennial Budget Adoption, was presented.
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:
1. Adopt Resolution No. 11533 (CCS) entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING THE FIRST YEAR (FISCAL YEAR 2023-24) AND
APPROVING THE SECOND YEAR (FISCAL YEAR 2024-25) OF
THE FISCAL YEAR 2023-25 BIENNIAL BUDGET AND
ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2023-24, Attachment A, as amended by Final Changes described in this report;
2. Adopt Resolution No. 98 (HAS) entitled: “A RESOLUTION OF
THE HOUSING AUTHORITY OF THE CITY OF SANTA
MONICA ADOPTING THE FIRST YEAR (FISCAL YEAR 2023-
24) AND APPROVING THE SECOND YEAR (FISCAL YEAR
2024-25) OF THE FISCAL YEAR 2023-25 BIENNIAL BUDGET
AND ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2023-24” at Attachment B, as
amended by Final Changes described in this report; and
3. Adopt Resolution No. 263 (PAS) entitled: “A RESOLUTION OF
THE PARKING AUTHORITY OF THE CITY OF SANTA
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 7 June 27, 2023
MONICA ADOPTING THE FIRST YEAR (FISCAL YEAR 2023-
24) AND APPROVING THE SECOND YEAR (FISCAL YEAR
2024-25) OF THE FISCAL YEAR 2023-25 BIENNIAL BUDGET
AND ADOPTING ITS CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2023-24” at Attachment C, as
amended by Final Changes described in this report.
Staff also recommends that the City Council:
4. Adopt Resolution No. 11534 (CCS) entitled: “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR THE FOLLOWING NEW OR EXISTING
CLASSIFICATIONS: ADMINISTRATIVE AIDE,
ADMINISTRATIVE INTERN, ADMINISTRATIVE INTERN II,
ASSISTANT DIRECTOR OF HOUSING AND HUMAN
SERVICES, COMMUNITY & CULTURAL SERVICES
ASSISTANT, COMMUNITY SERVICES PROGRAM
COORDINATOR, CROSSING GUARD, DIRECTOR OF
HOUSING AND HUMAN SERVICES, DIRECTOR OF
RECREATION AND ARTS, ENTERPRISE ARCHITECT AND
DIGITAL DEVELOPMENT MANAGER, FACILITIES
ATTENDANT, FIRE EQUIPMENT SPECIALIST, FIRE
FACILITIES AND MAINTENANCE COORDINATOR, HUMAN
SERVICES MANAGER, JUNIOR POOL LIFEGUARD,
LABORER TRAINEE, LIBRARY PAGE, MARKETING
MANAGER, MOTOR COACH CLEANER SUPERVISOR,
POLICE CADET, POLICE CHIEF, PRODUCTION ASSISTANT,
PUBLIC SAFETY DISPATCH ADMINISTRATOR, PUBLIC
SAFETY DISPATCH SUPERVISOR, PUBLIC SAFETY
DISPATCHER, PUBLIC SERVICES OFFICER, RECYCLING
ASSISTANT, SENIOR HOUSING SPECIALIST, STUDENT
WORKER, TRADES INTERN, VIDEO INTERN, VIDEO
STUDENT INTERN, VIDEO TECHNICIAN I, AND VIDEO
TECHNICIAN II” (Attachment D) and approve the position and classification changes (Attachment E);
5. Adopt Resolution No. 11535 (CCS) entitled: “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING THE CITY'S MASTER FEE SCHEDULE TO
ESTABLISH AND REVISE CERTAIN PERMIT AND USER
FEES AND CHARGES IN THE COMMUNITY DEVELOPMENT,
RECREATION AND ARTS, AND HOUSING AND HUMAN
SERVICES DEPARTMENTS; DEPARTMENT OF
TRANSPORTATION; FINANCE, LIBRARY, POLICE, AND
PUBLIC WORKS DEPARTMENTS; AND RECORDS AND
ELECTIONS SERVICES” (Attachment F);
6. Adopt Resolution No. 11536 (CCS) entitled: “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 8 June 27, 2023
SETTING FORTH THE ADMINISTRATIVE CITATION
SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE
SANTA MONICA MUNICIPAL CODE, SETTING CIVIL
PENALTIES FOR PARKING VIOLATIONS AND FOR THE
LATE PAYMENT OF PENALTIES, SETTING FINES FOR
POLICE AND FIRE DEPARTMENT RESPONSES TO
EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR THE
SANTA MONICA PUBLIC LIBRARY” (Attachment G);
7. Adopt Resolution No. 11537 (CCS) entitled: “A Resolution Of The City Council Of The City Of Santa Monica Establishing Parking Rates And Permit Fees For All City Parking Facilities And Resources”(Attachment H);
8. Adopt Resolution No. 11538 (CCS) entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING THE RUNOFF REDUCTION FEE FOR FISCAL
YEARS 2023/24 THROUGH 2027/28 IN ACCORDANCE WITH
SECTION 7.10.090(U) OF THE URBAN RUNOFF POLLUTION
ORDINANCE” (Attachment I);
9. Adopt Resolution No. 11539 (CCS) entitled: “RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING THE GANN APPROPRIATIONS LIMIT FOR
THE FISCAL YEAR 2023-24” (Attachment J);
10. Adopt Resolution No. 11532 (CCS) entitled: “A Resolution Of The City Council Of The City Of Santa Monica Adopting Project For Fiscal Year 2023-24 Funded By SB 1: The Road Repair And Accountability Act Of 2017” (Attachment K);
11. Authorize the City Manager to accept a grant award in the amount of $1,500,000 from the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) to support the behavioral health needs of vulnerable residents and people experiencing homelessness, and to execute all necessary documents to accept the grant and all grant renewals;
12. Authorize the City Manager to accept a grant award in the amount of $1,500,000 from the California Department of Health Care Services (DHCS) to support the behavioral health needs of vulnerable residents and people experiencing homelessness, and to execute all necessary documents to accept the grant and all grant renewals;
13. Authorize the City Manager to accept a grant award in the amount of $373,125 from the Westside Cities Council of Governments (WSCCOG) to advance Los Angeles County Homeless Initiatives and execute all necessary documents to accept the grant and all grant renewals;
14. Authorize the City Manager to accept a grant award in the amount of $4,447,586 from the U.S. Department of Housing and Urban Development’s Continuum of Care Grant Program to serve the homeless and disabled populations with housing subsidies and
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 9 June 27, 2023
execute all necessary documents to accept the grant and all grant renewals;
15. Authorize the City Manager to negotiate and execute Agreement No. 11424 (CCS) with Salvation Army to support the City’s 311 Outreach efforts and provide street team assistance to the Homeless Liaison Program. This award is made as an exception to the competitive bidding process pursuant to SMMC Section 2.24.250 (i) and is for a term of 2 years at a total amount not-to-exceed $446,250, with future year funding contingent on Council budget approval;
16. Authorize the City Manager to negotiate and execute Memorandum of Understanding No. 11425 (CCS) with the Santa Monica-Malibu Unified School District for two years with three one-year options to renew that will provide $500,000 annually to the School District, not to exceed $2,500,000 total over a five year period, for the operation of the Playground Club Program;
17. Award RFP# 350 to Berry Dunn McNeil & Parker, LLC
(BerryDunn) and authorize the City Manager to negotiate and execute Agreement No. 11426 (CCS) with BerryDunn for strategic planning services to develop a Homelessness Strategic Plan in an amount not to exceed $200,000, including a 25% contingency, for one year, with one additional one-year renewal option in the amount of $200,000, including a 25% contingency, on the same terms and conditions for a total amount not to exceed $400,000 over a two-year period, with future year funding contingent on Council budget approval;
18. Provide direction to staff on allocation of discretionary funds (Attachment L); and
19. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Members of the public Derek Devermont, Dr. Anna Rogers, Denise Barton, Lucky Basseri, and Janet McLaughlin spoke to the recommended action.
Questions asked and answered of staff included: what is the Homeless strategic plan going to look like and include; is the intention of the strategic plan to make a dent in homelessness; is the position being recommended being fully funded through transportation, or is some of it coming from the general fund; the Reed Park dog park, is that being funded through this budget; what is the kiosk project; for the opioid settlement, are there any requirements on how that money is used; what will the additional multidisciplinary teams be doing; is Barry Dunn going to evaluate the efficacy of the different efforts the city has going on now; can Barry Dunn build off of Moss Adams audit to propose tangible, clear metrics for us to track as a community beyond just the number of folks that are housed and unhoused to tell the story of who is homeless in our community and how we’re
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 10 June 27, 2023
potentially making an impact in the homeless crowd; what is the go-live date for the two new departments; without the funding from the City Manager’s Office, how are we planning on renegotiating our MOU with LA28; is that Admin position also assisting with getting grant funding partnerships for LA28; how is the Art of recovery supporting Economic recovery in the city; are the Urban pollution mitigation fee a new fee, and is that being phased in over the next several years; is this fee being increased every year for the next five years; why was this fee singled out for increase; how were the SB9 fee and ARB fees devised; what does the SB9 fee cover; can the survey be expedited, does it really need to take another year to complete it, since an audit has already been completed; what is the projected cost to reopen the Miles Playhouse; are there any ideas on how the Montana Library could reopen for a few hours a week to hold community meetings within this budget; is there a way to reallocate money within the budget to add an additional officer to the street team to provide better coverage addressing the homeless crisis; what else can be done to improve the safety in the city; what can be explained to residence the highlights in this budget as it relates to equity, diversity and inclusion; what is the approach to assess what other cities are doing regarding homelessness regionally; is it true that we do not ask individuals what city they come from as part of the homeless count; what would need to happen to get a more point-in-time demographics on homelessness; what can residents expect from the Salvation Army to address and provide outreach for homelessness; are grant funding conditions about reporting, metrics and outcomes being included in the current contracts with grantees; who is responsible for paying for the new parking meter removal fees, and who pays to have the meters put back in; who pays for the news stand removals; how were the parklet fine fees devised; what is the workplace development plan; how many full time positions are being added to the budget this year; does the request for a drone include an operator in that request; and, what does the technology grant being submitted to the state entail.
Considerable discussion ensued on topics including, but not limited to:
expanding the hours at Montana Library three times a month to allow community groups to meet; citywide security is a huge concern whether or not the Police department has adequate funding; concerns about end of the line safety on the Metro, and bigger concern about the transition from the Sheriff to using Metro internal security on Metro; and, the Public Safety Reform and Oversight Committee proposal of additional funding to provide Brazilian Jiu Jitsu training for officers.
Motion by Authority/Councilmember Torosis, seconded by
Authority/Councilmember Zwick, to adopt a Resolution of the City Council, Housing Authority, and Parking Authority of the City of Santa Monica adopting the first year and approving the second year of the FY 2023-25 Biennial Budget and adopting the second year of the FY 2022-24 Biennial
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 11 June 27, 2023
Capital Improvement Program Budget at Attachment A, Attachment B, and Attachment C, as amended by Final Changes described in this report.
Authority/Councilmember Brock proposed an amendment to fund the $1,300 to keep the Montana Library open for the neighborhood groups for three meetings a month in total. That money would be transferred from the Council’s discretionary fund. The City Manager reported that the Library will absorb this cost in their budget. The amendment was withdrawn.
Authority/Councilmember Brock proposed a friendly amendment to allocate more money to the Police Department in the amount of $500,000 for tech or officers to improve overall public safety throughout the city. After hearing from the Chief, the amendment was withdrawn.
Chair/Mayor Davis proposed a friendly amendment since the Police department is applying for large grant dollars for technology policing, to instead move the $85,000 that was given to the Police Department for technology to now be used to provide funding to the Animal Shelter for animal care attendants. The amendment was considered friendly by the maker and seconder.
Authority/Councilmember de la Torre proposed an additional friendly amendment to dedicate $20,000 of the $85,000 to provide Brazilian Jiu Jitsu training for officers, and the remaining $65,000 would go to the Animal Shelters. The amendment was not considered friendly by the maker.
The motion, with amendments was approved by the following vote:
AYES: Authority/Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Chair/Mayor Pro Tem Negrete, Chair/Mayor Davis
NOES: None
ABSENT: None
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to adopt the staff recommendations 4 through 17 and 19, reading resolutions by title only and waiving further reading thereof.
Councilmember de la Torre proposed a friendly amendment to recommendation 17, the Homeless Strategic Plan to give direction to staff when they engage with the Barry Dunn Group that they look at ways to leverage municipal funds and partnerships to expand regional services ensuring other cities and jurisdictions do more to lessen the burden on the City of Santa Monica. The amendment was considered friendly by the maker and seconder.
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 12 June 27, 2023
The motion, with an amendment was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to provide direction to staff on allocation of discretionary funds to include allocating funds for FY 2023/24 in the amount of $29,000 to BIDS Main Street Merchants, Montana Merchants and the Pico Improvement Organization and $15,000 to the Ocean Park Association for the 4th of July Parade.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
ADJOURNMENT OF
SPECIAL JOINT
MEETING
On order of the Chair/Mayor, the special joint meeting was adjourned at 10:27 p.m. and the regular meeting of the City Council, was reconvened with all members present.
CONTINUED ITEMS:
BOARDS AND
COMMISSION
APPOINTMENTS
LIBRARY BOARD
8.A. Appointment to one unscheduled vacancy on the Library Board for a term ending on 06/30/2025. Continued from 06/13/2023, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Torosis nominated Heidi Vega Aimonetti.
Councilmember Brock nominated Jason Lin.
Jason Lin was appointed by the following vote:
Aimonetti: Councilmembers Zwick, Torosis, Mayor Davis
Lin: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete Councilmembers Torosis, Zwick, and Mayor Davis changed their votes to Lin, thereby appointing Jason Lin by a unanimous vote to the Library Board for a term ending June 30, 2025.
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 13 June 27, 2023
BOARDS AND
COMMISSION
APPOINTMENTS
HUMAN SERVICES
8.B. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on 06/30/2025. Continued from 06/13/2023, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember de la Torre nominated Luis B. Castanon.
Mayor Pro Tem Negrete nominated Willa Wells.
Luis B. Castanon was appointed by the following vote:
Castanon: Councilmembers Zwick, Torosis, de la Torre, Mayor Davis Wells: Councilmembers Parra, Brock, Mayor Pro Tem Negrete Councilmembers Parra, Brock and Mayor Pro Tem Negrete changed their votes to Castanon, thereby appointing Luis B. Castanon, by a unanimous vote to the Human Services Commission for a term expiring June 30, 2025.
COUNCILMEMBER
DISCUSSION ITEMS:
ANNUAL
APPOINTMENTS
16.A. Annual Appointments to the following Boards and Commissions.
Board/Commission No. of
Seats
Term
End Date
Special Requirements
Airport Commission
Continued to 7/18/2023 2 6/30/2027 Reside in the City.
Architectural Review
Board
Continued to 7/18/2023
1 6/30/2027
Arts Commission
Continued to 7/18/2023 3 6/30/2027 Reside or work in the City.
Commission on
Sustainability,
Environmental Justice
and the Environment
Continued to 7/18/2023
2 6/30/2027 Reside or work in the
City.
Disabilities Commission 2 6/30/2027
Two must be selfidentified persons with
a disability and reside
in the City.
On order of the Mayor, the floor was opened for nominations.
Councilmember Zwick nominated Alex Elliot.
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 14 June 27, 2023
There being no other nominations, Alex Elliot was appointed to the Disabilities Commission for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES None
ABSENT: None
The second appointment was continued to the July 18th meeting, due to there being no other applicants.
Housing Commission
Continued to 7/18/2023 2 6/30/2027
Two must be
affordable housing
program participant
where one is 62-years
or older and the other is
unhoused or formerly
unhoused.
Audit Subcommittee 1 6/30/2027 Reside in the City.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Negrete nominated Jeff Bush
There being no other nominations, Jeff Bush was appointed to the Audit Subcommittee for a term ending June 30, 2027, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Personnel Board
Continued to 7/18/2023 1 6/30/2027
Reside in Santa Monica
or LA County that is
employed within the
City, own property or
hold business licenses
in the City
Planning Commission
Continued to 7/18/2023 3 6/30/2027 Reside in the City.
Public Safety Reform
and Oversight
Commission
Continued to 7/18/2023
3 6/30/2027 At least one shall be
between 18-22 years.
Recreation and Parks 1 6/30/2027 Reside in the City.
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 15 June 27, 2023
Commission
Continued to 7/18/2023
Santa Monica Library
Board
Continued to 7/18/2023
1 6/30/2027 Reside in the City.
Urban Forest Task Force 7 6/30/2027
Three must be current
or past certified
arborist. All must
reside, work or hold
business licenses in the
City
On order of the Mayor, the floor was opened for nominations.
Councilmember Brock nominated the following Robin Carmichael, Andrew Giedhill, Andrew Hoyer, Dana Coffman, and Emily Forscher.
There being no other nominations, Robin Carmichael, Andrew Giedhill, Andrew Hoyer, Dana Coffman, and Emily Forscher were appointed to the Urban Forest Task Force for a term ending June 30, 2025, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
On order of the Mayor, the remaining two appointments were continued to the July 18, 2023, meeting.
CLEAN POWER
ALLIANCE
16.B. Request of Mayor Davis that Councilmember Torosis be designated as her alternate to the Clean Power Alliance Board of Directors, was presented.
Motion by Mayor Davis, seconded by Councilmember Brock, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
COUNCILMEMBER
TRAVEL BUDGETS
16.C. Request of Mayor Davis that the City Council direct staff to reappropriate the amount of unspent FY 2022-23 individual Councilmember travel budgets at the end of the year to the FY 2023-24 Council budget, to supplement existing Council Discretionary funds.
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 16 June 27, 2023
The reappropriation will occur as part of the FY 2022-23 Year End Budget review staff report, was presented.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Brock, to approve the recommended action. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
HUMAN SERVICES
COMMISSION
16.D. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on 06/30/2027, was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Negrete nominated Willa Wells.
Councilmember Torosis nominated Alexis Hemphill-Elsea
Willa Wells was appointed to the Human Services Commission for a term ending June 30, 2027, by the following vote:
Hemphill-Elsea: Councilmembers Zwick, Torosis
Wells: Councilmembers Parra, Brock, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:51 p.m. in memory of Jack Lee and Julie Lopez Dad.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
5.B
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Minutes Acceptance: Minutes of Jun 27, 2023 5:30 PM (CONSENT CALENDAR) 1 July 25, 2023
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 25, 2023
A special meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on Tuesday, July 25, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA and 2345 23rd Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre (arrived at 5:33 p.m.)
Councilmember Christine Parra (via telephone)
Councilmember Caroline Torosis (arrived at 5:34 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all members present except Councilmembers de la Torre and Torosis. City Attorney Douglas Sloan led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember de la Torre
arrived at 5:33 p.m.
Councilmember Torosis
arrived at 5:34 p.m.
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 6:09 p.m., to consider closed sessions and returned at 7:40 p.m., with Councilmembers Brock, de la Torre, and Mayor Pro Tem Negrete absent, to report the following:
3.A. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Scott Hobbs v. City of Santa Monica, et al.; LASC Case No. 21STCV14880 [report out only] The City Attorney reported Council approved Settlement Agreement No. 11448 (CCS) in the amount of $145,000 paid by the city and $175,000 paid by the adjacent property owner at the June 27, 2023, meeting with 7-0 vote.
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Minutes Acceptance: Minutes of Jul 25, 2023 5:35 PM (CONSENT CALENDAR) 2 July 25, 2023
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 7:42 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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Minutes Acceptance: Minutes of Jul 25, 2023 5:35 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 10.A
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon Usage on CityOwned Property and Other Locations, Establish a Voluntary Commitment Program, and Ban Non-Serialized Firearms in the City
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on August 22, 2023, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Chapter 3.24 to regulate retail firearm sales, establish additional firearm owner responsibilities, restrict weapon usage on City-owned property and other locations, establish a voluntary commitment program, and ban non-serialized firearms in the City. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
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2 of 2
Attachments:
A. ORD-PD-Firearms 2023.0912-2d
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1 City Council Meeting: September 12, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 3.24 CONCERNING
REGULATION OF FIREARMS
WHEREAS, the Constitution of the United States of America affords certain protections to the ownership of firearms; and
WHEREAS, the United States Supreme Court has recognized that the Constitutional protections related to firearms ownership are not unlimited, and can be subject to certain types of governmental regulations; and WHEREAS, a city’s police power includes the power to regulate firearms and many courts throughout the nation have upheld local regulations related to the ownership or possession of firearms; and
WHEREAS, unsecured firearms in retail spaces, residences, and vehicles have been stolen or carelessly left where unauthorized individuals have had access to them, resulting in injuries and death to others; and
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally, in the State of California, and locally; and WHEREAS, Chapter 3.24 of the Santa Monica Municipal Code provides for certain regulations for the sale and use of firearms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.24.031 is hereby amended to read as follows:
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 2 3.24.031 Firearms Dealer Permit - Conditions.
Any firearms dealer permit issued pursuant to this Chapter shall be subject to all of the following conditions:
(a) The permittee shall comply with all Federal and State laws concerning the operation of the permitted business including, but not limited to, California Penal Code Sections 12071(b)(3) - (14), 12072, 12073, 12074, 12076, 12077 and 12082. To the extent the provisions of this Chapter impose more stringent requirements than those contained in State or Federal law, these local provisions shall prevail. (b) The business shall be carried on only in the building located at the street address shown on the City of Santa Monica permit.
(c) The permittee shall keep complete and current records of all firearms transactions. In addition to the requirements of California Penal Code Sections 12073, 12076 and 12077, permittee shall also keep a complete current inventory of all firearms in stock. This inventory shall include an entry for each weapon, with the classification, serial numbers, and any other information that is required by the Chief of Police for the tracking of the chain of ownership of the firearm.
(d) The permittee shall maintain records of ammunition sales in compliance with the provisions of Chapter 3.25 of this Code.
(e) The premises at which the business is to be operated shall contain all security measures reasonably required by the Chief of Police, which shall include, but not be limited to:
(1) The provision of secure locks, windows and doors, adequate lighting, and such fire and theft alarms as specified by the Chief of Police.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 3 (2) The storing of all firearms and munitions on the premises out of reach of customers in secure, locked facilities, so that access to firearms and munitions shall be controlled by the dealer, or employees of the dealer entrusted to handle firearms, to the exclusion of all others as provided herein and in any administrative regulations issued by the Chief of Police;
(3) At all times, every firearm shall be stored in a secured facility within the meaning of Penal Code Section 17110 or in a locked fireproof safe or vault in the permittee’s business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Penal Code Section 23650 and which is approved by the Chief of Police or designee, so that the firearms are not visible or accessible anyone other than authorized permittee employees; (4) No firearm shall be removed from the secured facility except by an authorized employee for inspection by a customer for sale or transport; (5) All ammunition shall be stored so that it is inaccessible to the public and secured using one of the methods mentioned in Section 3.24.031 (e)(3), and shall not be removed from the secured facility except by an authorized employee for inspection by a customer or for sale or transport.
(f) The permitted business location shall be monitored by a video surveillance system approved by the Chief of Police and that includes cameras, monitors, digital video recorders, audio recorders, and cabling, if necessary, to meet the requirements below:
(1) The interior and exterior of the permitted business facility shall be monitored. The number and location of the cameras are subject to the approval of the Chief of Police. At a minimum, the cameras shall be sufficient in number
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 4 and location to monitor the areas of the business premises where firearms or ammunition are stored, sold, transported, or transferred, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking areas. (2) The video surveillance system shall operate continuously, without interruption, whenever the permittee is open for business. Whenever the permittee is not open for business, if not operating continuously, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area.
(3) The sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible. The video surveillance system or, if applicable, audio recording system, shall record the voices of the purchaser or transferee and the permittee or permittee’s employees in such a way that the voices will be clearly audible when replayed.
(4) The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within 14 calendar days. The permittee must inspect the system at least weekly to ensure that it is operational, and images are being recorded and retained as required by the Chief of Police. The permittee shall allow the Chief of Police, or designee, to inspect the video surveillance system and audio recorder to ensure operability.
(5) The stored video and audio recordings shall be maintained on the business premises of the permittee for a period not less than 30 days from the date
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 5 of recording and shall be made available and accessible to the Chief of Police or other law enforcement agency designated by the City Manager immediately upon request for review and copying, without the need for a search warrant, subpoena, or court order.
(6) Except as provided in Section 3.24.038(d), the permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR
IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO LAW ENFORCEMENT.
(g) Permittee shall cause to be obtained, and keep in full force and effect a policy of insurance in such form as the City deems proper, executed by an insurance company approved by the City whereby the permittee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer, or lease, or offering or exposing for sale, transfer or lease, of any firearm. The minimum liability limits shall not be less than one million dollars for damage to or destruction of property in any one incident, and one million dollars for the death or injury to any one person. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the City, addressed in care of the Risk Manager, 1717 4th Street, Santa Monica, California 90401, at least thirty days immediately prior to the time such cancellation becomes effective. Upon expiration of any such policy and if no additional insurance has been secured prior to the expiration thereof in the manner provided for the initial securing of a permit under this Chapter, the permit
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 6 shall be deemed canceled without further notice or opportunity to be heard. (h) The permittee shall consent to the City’s inspection of the business premises and records for the City to establish continued compliance with the terms of the permit, and in accordance with Section 3.24.036 of this Chapter. (i) The permit shall not become effective until the permittee has obtained all other permits required by Federal, State or local law including, but not limited to, a business license and zoning and building permits. Violations of this section may result in a permit being revoked.
(j) The Chief of Police may issue administrative regulations consistent with this section.
SECTION 2. Santa Monica Municipal Code Section 3.24.038 is hereby added to read as follows:
3.24.038 Restricted Admittance of Minors and Other Prohibited Purchasers. (a) Except as provided in paragraph (d) below, no permittee or any of the permittee’s agents, employees, or other persons acting under the permittee’s authority shall allow any person under 18 years of age to enter into or remain on the premises unless accompanied by the minor’s parent or legal guardian. (b) The permittee and any of the permittee’s agents, employees, or other persons acting under the permittee’s authority shall be responsible for requiring clear evidence of age and identify of persons to prevent the entry of persons not permitted to enter the premises pursuant to Section 3.24.038(a) by reason of age. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator’s license, a state identification card, an armed forces identification card, U.S. passport, or any similar
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 7 documentation which provides reasonable assurance of the identity and age of the individual.
(c) No permittee or any of the permittee’s agents, employees, or other persons acting under the permittee’s authority shall allow any person to enter into or remain on the premises who the permittee or the permittee’s agents, employees, or other persons acting under the permittee’s authority knows or has reason to know is prohibited from possessing or purchasing firearms pursuant to federal, state, or local law. (d) Notwithstanding the foregoing, a permittee that sells goods other than firearms or ammunition may allow an unaccompanied minor into the premises provided that the permittee uses physical and operational safeguards to prevent an unaccompanied minor from being within 10 feet of where firearms, ammunition, and firearm related accessories are stored or available for inspection. A permittee’s physical and operational safeguards as required by this section shall be approved by the Chief of Police, or designee, before unaccompanied minors are allowed into the premises. A permittee operating pursuant to this section must install signage in a conspicuous place in the area where firearms or ammunition are available for inspection or stored that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR
IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO LAW ENFORCEMENT.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 8 SECTION 3. Santa Monica Municipal Code Section 3.24.086 is hereby added to read as follows:
3.24.086 Use and Possession of Weapons.
(a) No person shall discharge a firearm into or within the City, except as provided in Section 3.24.010.
(b) No person shall propel any object by a sling shot, bow, or other instrument commonly used or which is designed for the throwing or projecting of any object such as a bullet, shot, rock, stone, arrow, or other projectile. This subsection shall not prohibit the use of pitching machines or similar devices that propel baseballs, footballs, tennis balls, and similar items that are being used for their intended purpose at sports facilities. (c) No person shall hunt wildlife with any weapon described in this section. (d) No person under the age of eighteen years shall have in their possession any firearm within the City unless they, at all times during the possession, (1) have on their person the written consent of their parent or legal guardian, or (2) are accompanied by their parent or legal guardian, or (3) are participating in and going to and from an organized, lawful recreational or competitive shooting activity or lawful hunting activity.
As used in this subdivision (d), “firearm” means any firearm as defined in California Penal Code Section 16520(a), except: (i) a B-B gun device as described in California Penal Code Section 16250; or (ii) any other firearm the possession of which by minors is regulated by State law.
(e) This section shall not be deemed to make punishable the act of carrying or discharging a weapon in the lawful discharge of the duties of a public officer or private person duly licensed therefor; this section shall not be deemed to make punishable the
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 9 act of discharging a weapon in the lawful act of self-defense or defense of other persons. (f) This section shall not apply to the keeping of lawful weapons at a place of business or residence by a person eighteen years of age or older lawfully in possession of the weapons and lawfully in possession of the property. (g) This section shall not apply to the keeping or use of weapons on the premises of any lawful shooting gallery, practice range, skeet field, archery range, or similar place conducted at a fixed location and with regard to which adequate safeguards have been provided to protect persons and property from injury and pursuant to any applicable permits or governmental approvals required by the City. (h) No parent, guardian, or any adult person having the control, custody, or charge of any person under the age of eighteen years, shall knowingly permit, allow, or let said person to use or possess a weapon in violation of this section. (i) No person, including those with a valid concealed carry weapon license, shall bring into, possess, display, brandish, or discharge a weapon, as defined in California Penal Code Section 171b, including a concealed weapon, in or upon any of the following facilities or areas:
(1) Any City owned or leased building or other facility, excluding City owned or leased parking garages and parking lots open to the public; (2) The Santa Monica Pier;
(3) Any facility open to the public in which alcoholic beverages are consumed on the premises;
(4) Churches and other places of worship unless the operator of the church or place of worship clearly and conspicuously posts a sign at the entrance
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 10 of the building indicating that concealed carry weapon license holders are permitted to carry firearms on the property;
(5) Sporting events, concerts, shows, farmer’s markets, and other community events;
(6) Any public area in which First Amendment protected speech activities, labor picketing, demonstrations, or protests are being conducted; (7) Public parks and the beach, except to the extent a person lawfully in possession of a weapon may be continuously passing through the periphery upon a public sidewalk or street;
(8) Hospitals and clinics, as defined in Santa Monica Municipal Code Section 9.51.030(A)(8);
(9) Within or upon any privately owned property in which the owner or legal occupant has prominently posted signage at the entry points prohibiting firearms;
(10) For any activity for which a film permit is required pursuant to Municipal Code Section 6.110.030, no live ammunition nor firearm capable of firing live ammunition shall be possessed in the filming area. “Live ammunition” means a cartridge consisting of a case, primer, propellant powder, and a metallic projectile; “live ammunition” does not include simulated, paper, or marking ammunition.
(j) This section shall not apply to the following:
(1) Sworn law enforcement personnel on duty;
(2) Sworn law enforcement personnel off duty, upon showing law
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 11 enforcement identification upon entry or demand;
(3) Armed security under contract with the City and pursuant to the terms of the contract, or as may be permitted by the Chief of Police; and (4) Retired law enforcement officers authorized to carry weapons pursuant to 18 U.S.C. 926C, with proper identification. (k) The Council, by resolution, and/or the City Manager, by administrative regulation, may provide for and publish further security regulations and/or exceptions to implement this section, including, but not limited to, posting of signage to provide notice of these regulations.
(l) The Chief of Police is authorized to seize and impound any weapon which is kept, possessed, or used in violation of this section, or the ammunition or projectile thereof, and to hold the same for a period of up to thirty days or until claimed by its owner.
Such articles may not be returned to any person under the age of eighteen years but may be returned that person’s legal guardian or parent.
(m) This section shall not be deemed to make punishable an act or acts which are expressly allowed or preempted by any law of the State or the United States Constitution.
(n) Enforcement and Penalties. A violation of this section is a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code. The remedies provided in this section are not exclusive, and nothing in this section shall
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 12 preclude the use or application of any other remedies, penalties, or procedures established by law.
SECTION 4. Santa Monica Municipal Code Section 3.24.087 is hereby added to read as follows:
3.24.087 Liability Insurance Requirements for Firearms. (a) A person who resides in the City and owns or possesses a firearm in the City shall obtain and continuously maintain in full force and effect a homeowner’s insurance policy, renter’s insurance policy, firearms liability policy, or other liability insurance policy from an admitted insurer or insurer as defined by the California Insurance Code, specifically covering losses or damages resulting from any negligent or accidental use of the firearm, including but not limited to death, injury, or property damage. (b) For purposes of this section, a person shall be deemed to be the owner or in possession of a firearm, even if such firearm is lost or stolen, until such loss or theft is reported to the police department or sheriff for the jurisdiction in which such person resides.
(c) Any person subject to this section shall obtain the required insurance within ninety days of the effective date of this ordinance.
(d) This section shall not apply to the following:
(1) Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code Section 830, et seq.), including sworn peace officers, active reserve peace officers, and retired peace officers. (2) Those persons eligible to proceed without paying court fees and costs pursuant to California Government Code Sections 68632 (a) and (b).
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 13 (e) Each person required to maintain insurance under this section shall demonstrate compliance with the insurance requirement by completing and executing an attestation form provided by the City. Each such person shall state the name of the insurance company issuing the policy and the number of the insurance policy on the attestation form, sign the form under penalty of perjury, and keep the attestation form with the firearms where they are being stored. There is no requirement to submit the attestation form to the City; however, the attestation form shall be made available for inspection by a law enforcement official in the event a firearm owned by or in possession of a person required to maintain the attestation form is fired or brandished within the City, except when fired pursuant to Section 3.24.086(g), or lost or stolen. A new attestation form signed under penalty of perjury shall be completed in the event any of the information on the form changes.
(f) Any person who violates any provision of this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(g) The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 14 SECTION 5. Santa Monica Municipal Code Section 3.24.088 is hereby added to read as follows:
3.24.088 Safe Storage of Firearms.
(a) As used in this section, the following definitions will apply:
(1) “Locked Container” means a secure container approved by the California Department of Justice for the storage of firearms, which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. A locked residence, room, closet, or locked vehicle, glove box, center console, or trunk alone shall not be considered a “locked container” for purposes of this section.
(2) “Firearm Safety Device” means a device, such as a trigger lock or cable lock, that is listed on the California Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device, which shall prevent the firearm from being discharged while secured.
(3) “Residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time-shares, garages, storage facilities, and recreational or other vehicles in which human habitation occurs. (4) “Vehicle” means any automobile, truck, bus, trailer coach, recreational vehicle, trailer, motorcycle, or vessel.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 15 (b) No person shall keep a firearm within or upon a Residence or Vehicle unless the firearm is:
(1) Stored in a Locked Container or secured with a Firearm Safety Device;
(2) Carried on the person of the owner or other lawfully authorized user of the firearm who is over the age of 18; or
(3) Within close enough proximity and control that the owner or other lawfully authorized user of the firearm who is over the age of 18 can readily retrieve and use the firearm as if carried on the person.
(c) Any person who violates any provision of this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(d) The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 16 SECTION 6. Santa Monica Municipal Code Section 3.24.089 is hereby added to read as follows:
3.24.089 Duty to Report Theft or Loss of Firearms.
Any person who owns or possesses a firearm (as defined in Penal Code Section 16520 or as amended) in the City shall report the theft or loss of the firearm to the Police Department within forty-eight hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, whenever: (1) the person resides in the City of Santa Monica; or (2) the theft or loss of the firearm occurs in the City of Santa Monica.
SECTION 7. Santa Monica Municipal Code Section 3.24.090 is hereby added to read as follows:
3.24.090 Safe Harbor of Firearms.
(a) Any resident of the City, who is 18 years of age or older, and who has reason to believe that another person who resides in the same residential unit may present an immediate danger to themselves or any other person may voluntarily commit any firearms kept in that residence to the Police Department for safekeeping by contacting the Police Department and arranging for the commitment; this does not authorize any person to appear in person at the Police Department or any City facility with a firearm without having made prior arrangements with the Police Department. The Police Department shall not inquire or request the name of the person believed to be a danger for the voluntary commitment. The Police Department may reject a voluntary commitment if the Chief of Police determines there is insufficient secure space available for storage. (b) The Police Department shall return any committed firearms to the owner upon request and proof of ownership.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 17 (c) Any committed firearms that the Chief of Police determines to be illegal to own, or possessed by, the person requesting their return shall not be returned unless the requester demonstrates that the requestor, or a party on behalf of the requester, may lawfully own or possess the firearm. Any person with a legal interest in a firearm held pursuant to this section, may petition a court for the return of said firearm within 90 day of the Chief of Police’s written determination that it is illegal for the requester to own or possess a firearm committed under this section.
(d) Committed firearms shall be held for a period not to exceed 180 days, unless the owner for the firearms requests an extension of the voluntary commitment in writing for up to one additional 180 day period.
(e) Any firearms that remain unclaimed following the time periods specified in this section, or are determined to be illegal to possess by the person claiming to be the owner, shall be destroyed without compensation or cost to the person claiming to be the owner or any other person.
(f) The Police Department is authorized to establish a records retention policy for voluntary commitment documents in a manner consistent with all applicable law, including, but not limited to, the California Public Records Act. Any such policy shall require the destruction of any records pertaining to a voluntary commitment as soon as permissible under applicable law and shall protect such records from disclosure to the greatest extent permitted under applicable law. The Police Department shall retain records documenting the destruction of any firearms, noting only the dates of commitment, time expirations, illegal status, serial numbers and firearm descriptions, and the fact of destruction.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 18 (g) The Police Department shall prepare and make available regulations and forms to implement this section.
SECTION 8. Santa Monica Municipal Code Section 3.24.091 is hereby added to read as follows:
3.24.091 Privately Manufactured Weapons.
(a) It is the purpose and intent of this section that possession, purchase, sale, receipt, and transportation of non-serialized, unfinished frames, and unfinished receivers, which are then converted into privately manufactured non-serialized firearms within the City of Santa Monica be regulated for the protection, health, and welfare of the public, to further effective law enforcement, and to provide the City with reasonable measures to address the dangers to the community posed by non-serialized privately manufactured firearms, commonly known as “ghost guns.” This section is intended to be applied and interpreted consistent with state and federal law, as may be amended. (b) Definitions. For the purposes of this section, the following definitions apply:
(1) Federal Firearms Importer means a licensed firearm importer as defined in 18 U.S.C. § 921(a)(9), as may be amended.
(2) Federal Firearms Manufacturer means a licensed firearms manufacturer as defined in 18 U.S.C. § 921(a)(10), as may be amended. (3) Firearm has the same meaning as in California Penal Code Section 16520(a), as may be amended.
(4) Frame means the primary structural component of a firearm to which the fire control components are attached.
(5) Non-serialized firearm means a firearm that is either: (a) not
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 19 imprinted with a serial number issued to that firearm by a Federal Firearms Importer or Federal Firearms Manufacturer in compliance with federal law; or (b) not engraved or permanently affixed with a serial number provided by the California Department of Justice for that firearm.
(6) Receiver means the primary structural component of a firearm to which the fire control components are attached.
(7) Unfinished Frame means a piece of any material that does not constitute the completed frame of a firearm, but that has been shaped or formed in any way for the purpose of becoming the frame of a firearm, and which may be made into a functional frame of a firearm through milling, drilling, or other means. (8) Unfinished Receiver means a piece of any material that does not constitute the completed receiver of a firearm, but that has been shaped or formed in any way for the purpose of becoming the receiver of a firearm, and which may be made into a functional receiver of a firearm through milling, drilling, or other means.
(c) Prohibition Regarding Unfinished Frames or Unfinished Receivers. It is unlawful for any person to:
(1) Possess, purchase, transport, or receive an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 20 (2) Sell, offer to sell, transfer, or offer to transfer an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver. (3) Exceptions. The prohibitions in Section 3.24.091(c)(1)-(2) shall not apply to:
(i) a Federal Firearms Importer or Federal Firearms Manufacturer; or (ii) an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties; or
(iii) a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
(d) Prohibition Regarding Non-Serialized Firearms. It is unlawful for any person to possess, purchase, transport, receive, sell, offer to sell, transfer, or offer to transfer a non-serialized firearm.
(1) Exceptions. The prohibitions in Section 3.24.091(d) shall not apply to:
(i) an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 21 the scope of official duties;
(ii) a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property;
(iii) a non-serialized firearm that has been rendered permanently inoperable;
(i) A non-serialized firearm that is an antique firearm as defined in Penal Code Section 16170, as may be amended;
(ii) A non-serialized firearm that is a collector’s item, curio, or relic under state or federal law;
(iii) A non-serialized firearm manufactured or assembled prior to 1968; or
(iv) A non-serialized firearm that has been entered into a centralized federal or state registry as being owned by a specific individual or entity if that firearm has been assigned to it a distinguishing number or mark of identification.
(e) Compliance with Penal Code Section 29180, as may be amended, shall be an affirmative defense to a violation of Section 3.24.091(d) (f) Any person who violates any provision of this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 22 such fine and imprisonment. Any person who violates this section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(g) The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.
SECTION 9. Santa Monica Municipal Code Section 3.24.091 is hereby added to read as follows:
3.24.091 Severability
If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 10. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) 23 portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 12. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Attachment: ORD-PD-Firearms 2023.0912-2d (5971 : Firearms Ordinance-Second Reading) City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Adding Santa Monica Municipal Code Chapter 3.29 to Prohibit the Open Carry of Knives, Daggers, and Swords in Public Areas
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on August 22, 2023, the City Council introduced for first reading an Ordinance adding Santa Monica Municipal Code Chapter 3.29 to prohibit the open carry of knives, daggers, and swords in public areas. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-PD Open Carry Knives, etc. 2023.0912-2d
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City Council Meeting: September 12, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 3.29 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING
THE OPEN CARRY OF KNIVES, DAGGERS, AND SWORDS IN PUBLIC AREAS WHEREAS, Penal Code Section 417 prohibits brandishing a deadly weapon in a rude, angry, or threatening manner, in a public place; and WHEREAS, a city’s police power includes the power to regulate deadly weapons, including, knives, daggers, swords, and other sharp pointed objects; and WHEREAS, the City is a popular destination for tourism and travel because the City strives to maintain clean, safe, and secure public areas and streets; and WHEREAS, openly carrying knives, daggers, swords, and other sharp pointed objects in public areas impacts public health, safety, and security; and WHEREAS, the City Council desires to prohibit the open carry of knives, daggers, swords, and other sharp pointed objects in public areas to protect the health and safety of City residents, public safety professionals, and visitors to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.29 is hereby added to the Santa Monica Municipal Code to read as follows:
CHAPTER 3.29 CARRYING OR WEARING OF KNIVES, DAGGERS, AND SWORDS
IN PLAIN VIEW IN PUBLIC AREAS PROHIBITED
3.29.010 Definitions
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Attachment: ORD-PD Open Carry Knives, etc. 2023.0912-2d (5972 : Knives, Daggers and Swords-Second Reading) (a) “Knife” or “Dagger” shall include any knife, dirk, or dagger having a blade three inches or more in length, any ice pick or any other similar sharp pointed tool, including a sharpened wooden stick or sharpened metallic rod, any straight edge razor or any razor blade fitted to a handle.
(b) “Sword” shall include a thrusting, striking, or cutting weapon with a blade longer than a knife or dagger, having one or two cutting edges and a hilt, including, but not limited to, a longsword, broadsword, rapier, saber, cutlass, machete, or katana. “Sword” shall not include a fencing foil without a sharpened blade or tip, when used for the sport of fencing or fencing demonstrations.
(c) “Plain View” shall mean carried or possessed in such a manner that the item may be plainly seen and recognized, whether in a protective sleeve, sheath, or covering, or not.
(d) “Public Area” includes any public street, public place, or other area or facility open to the public.
3.29.020 Open Carry of Knives, Daggers, and Swords Prohibited (a) No person shall wear or carry in Plain View any knife, dagger, or sword in or upon any Public Area.
(b) This chapter shall not apply to the following:
(1) Sworn law enforcement or public safety personnel on duty; (2) Sworn law enforcement or public safety personnel off duty, upon showing law enforcement identification upon demand;
(3) Armed security under contract with the City and pursuant to the terms of the contract, or as may be permitted by the Police Chief;
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Attachment: ORD-PD Open Carry Knives, etc. 2023.0912-2d (5972 : Knives, Daggers and Swords-Second Reading) (4) Retired law enforcement officers authorized to carry weapons pursuant to 18 U.S.C. 926C, with proper identification; (5) When a person is wearing or carrying a knife, dagger, or sword as follows:
(i) For use in a lawful occupation;
(ii) Knives carried or used lawfully in restaurants or other dining facilities;
(ii) For lawful recreational purposes;
(iii) As a recognized religious practice, for example, a kirpan; (iv) While the person is directly traveling to or returning from participation in such activities as identified in this subsection 5. (c) The Council, by resolution, and/or the City Manager, may provide for and publish further security regulations and/or exceptions to implement this chapter, including, but not limited to, posting of signage to provide notice of these regulations.
3.27.030 Penalties
(a) The Police Chief is authorized to seize and impound any knife, dagger, or sword that is kept, possessed, or used in violation of this Chapter, and to hold the same for a period of up to thirty days or until claimed by its owner. Such articles may not be returned to any person under the age of eighteen years but may be returned that person’s legal guardian or parent.
(b) This Chapter shall not be deemed to make punishable an act or acts which are expressly allowed or preempted by any law of the State or the United States Constitution.
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Attachment: ORD-PD Open Carry Knives, etc. 2023.0912-2d (5972 : Knives, Daggers and Swords-Second Reading) (c) Enforcement and Penalties. Any person who violates any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code. The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law SECTION 2. Any provision of the Santa Monica Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
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Attachment: ORD-PD Open Carry Knives, etc. 2023.0912-2d (5972 : Knives, Daggers and Swords-Second Reading) SECTION 4. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall take effect 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Attachment: ORD-PD Open Carry Knives, etc. 2023.0912-2d (5972 : Knives, Daggers and Swords-Second Reading) City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 10.C
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on August 22, 2023, the City Council introduced for first reading an Ordinance amending the text of the Santa Monica Municipal Code creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter
13.04, Vacant Properties and moving language found in Chapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances, and retitling Chapter 8.96 to Reserved. The ordinance is now presented to the City Council for adoption.
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2 of 2
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d
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1 City Council Meeting: September 12, 2023 Santa Monica, California ORDINANCE NUMBER ______________(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CREATING ARTICLE 13, NEIGHBORHOOD PRESERVATION, AND CHAPTER 13.02, PROPERTY
MAINTENANCE, AND CHAPTER 13.04, VACANT PROPERTIES, AMENDING SECTION 1.08.010 TO ADD ARTICLE 13 TO THE LIST OF VIOLATIONS SUBJECT
TO ADMINISTRATIVE FINES AND PENALTIES, AND MOVING LANGUAGE FOUND IN CHAPTER 8.96, ABATEMENT OF NUISANCES, TO NEW CHAPTER 13.06, ABATEMENT OF NUISANCES, AND RETITLING CHAPTER 8.96 TO RESERVED.
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards. The City has determined that many of the existing provisions of the Santa Monica Municipal Code (SMMC) that address unmaintained and vacant properties are in need of amendment in order to provide City staff with greater enforcement flexibility and address emerging and evolving problems within the community; and WHEREAS, Government Code Section 38771 permits cities to identify public nuisances by ordinance; and
WHEREAS, on March 7, 2017, the Santa Monica City Council adopted Ordinance 2335 (CCS) which amended Chapter 8.96 of the Santa Monica Municipal Code by adding language which established maintenance and security provisions for vacant properties; and
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 2 WHEREAS, on March 11, 2023, the City Council reiterated its support for the Clean and Safe Santa Monica initiative, which creates an atmosphere marked by clean and safe public spaces and neighborhoods; and
WHEREAS, the amendments to Chapter 8.96, and the addition of Chapters 13.02,
13.04, and 13.06 are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. Section 15061(b)(3) states the CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed municipal code amendments will create updated standards for properties to prevent negative impacts on neighborhoods.
Additionally, many of the provisions and requirements already exist and are being located and strengthened to Article 13 of the SMMC. Preserving neighborhoods and residential quality of life will result in no environmental impacts and will maintain the environmental status quo.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 1.08.010 of the Santa Monica Municipal Code is hereby amended to read as follows:
1.08.010 Violations, penalty options.
(a) Criminal Sanctions. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandasitory requirements of this Code,
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 3 shall be guilty of a misdemeanor, unless otherwise provided. Any person convicted of a misdemeanor under the provisions of this Code, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of the same offense three or more times within the twelve month period immediately preceding the commission of the offense and the convictions are alleged in the accusatory pleading.
For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly. (b) Civil Actions. The City Attorney may bring an action in a court of competent jurisdiction to enjoin a violation of any provisions of this Code or any other ordinance of the City, or to enforce administrative penalties or fines imposed. (c) Administrative Fines and Penalties. The City may impose administrative fines or penalties for any of the following acts or omissions:
(1) All violations of Articles 3, 4, 5, 6, 7, 8, 9, and 13 of this Code. (2) Failing to comply with any condition or requirement imposed on or by any entitlement, permit, contract or environmental document issued or approved by the City.
Administrative fines may be imposed, enforced, collected, and reviewed in accordance with the provisions of Chapter 1.09. Administrative penalties may be imposed, enforced, collected and reviewed in compliance with the provisions of Chapter 1.10.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 4 (d) Nuisance Abatement. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this City, abated as such, and each day such condition continues shall be regarded as a new and separate offense. (e) Alternative Remedy. Nothing in this Section shall prevent the City from using one or more other remedies to address violations as established by this Code.
SECTION 2. Santa Monica Municipal Code is hereby amended by adding new Article 13 to read as follows:
ARTICLE 13 NEIGHBORHOOD PRESERVATION
CHAPTER 13.02 PROPERTY MAINTENANCE
13.02.010 Purpose.
The purpose of this Chapter is:
(a) To set forth and enforce minimum standards relating to the management of activities conducted or conditions on real property to protect the public health, safety, and welfare; and
(b) To put in place remedies which will permit the City to take effective, efficient administrative or other legal action against property owners and other responsible parties who cause, permit, or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such parties to abate the nuisance; and.
(c) The provisions of this Chapter are complementary, cumulative, supplementary, and additional to any other legal remedies available, whether found in this Code, State or Federal laws, regulations, or case law.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 5 13.02.020 Application.
The provisions of this Chapter shall apply to all real property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter, but which is duly authorized under any other City, State or Federal law, shall not constitute a violation.
13.02.030 Definitions.
If a word is not defined in this Chapter, then the applicable definitions in Article 9 or other specific cited Code section shall apply. If a word is not defined, then the most common dictionary definition is presumed to be correct:
(a) “Attractive nuisance” means any condition or item that is left unprotected and accessible, including any unsecured or unsanitary pools and abandoned or broken equipment or machinery, and any other condition which may reasonably be expected to attract young children under the age of 13 to the premises who would be at risk for injury by playing with, in, or on it, and thereby dangerous to young children by reason or their inability to appreciate the peril therein. (b) “Conveyance” means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other similar equipment.
(c) “Director” means the Director of Community Development, or designee. (d) “Dwelling unit” means the same as this term is defined in Chapter 9.52 of this Code.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 6 (e) “Enforcement Officer” means the same as this term is defined in Chapter 1.09 of this Code.
(f) “Graffiti” means any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession.
(g) “Habitable room” or “habitable space” means any space in a building intended for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. (h) “Hardscape” means the man-made features used in landscape architecture, e.g. paths or walls, as contrasted with vegetation. This term includes, but is not limited to, paved areas, driveways, retaining walls, sleeper walls, stairs, walkways, and any other landscaping made up of hard-wearing materials such as wood, stone, and concrete.
(i) “Improvement” means any structure that is located on real property. (j) “Inoperable vehicle” means any motor vehicle that is mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to the provisions of the California Vehicle Code. (k) “Landscape” means an area set aside from structures and parking/driveway uses, which is developed to include predominately living, thriving, trees, vines, shrubs, flowers, grasses, and other plants. Porous materials, such as rock, mulch, decomposed granite, and synthetic turf, can be used in conjunction with living plant
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 7 materials; however, landscaped areas must be predominantly of living materials and in compliance with Article 9 of this Code. (l) “Materials of construction” means any man-made or natural material which is used is the construction of and contributes to the structural integrity of any building or structure.
(m) “Multiple-Unit Dwelling” means the same as this term is defined in Section
9.51.020 of this Code.
(n) “Operator system” means any device which assists the opening, closing, or locking or unlocking of a door, garage door, or gate. This includes, but is not limited to, call boxes, door phones, intercom systems, and remote entry systems for MultipleUnit Dwelling properties. (o) “Owner” means the same as defined in Section 1.12.220 of this Code. (p) “Parkway” means all that area exclusive of sidewalk lying between a property line and any curb. (q) “Premises” means any real property or improvements thereon. (r) “Property” includes real property and means any land, and anything growing on, permanently affixed to, or built upon the land.
(s) “Responsible person” or “responsible party” shall mean any individual or entity who is responsible for causing or maintaining a violation of this Code, or applicable state codes. The terms “person,” “responsible person” or “responsible party” include, but are not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property, the president or other head of a
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 8 corporation or a person authorized by a corporation to receive service of process in a civil action, a business owner or manager of a business. (t) “Structure” means anything constructed or erected, regardless of permitting status, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Chapter, the term “structure” includes “buildings.”
(u) “Structure exterior” means any exterior wall, wall covering, foundation, roof, or other exterior portion of any structure. This definition only applies to exterior decks if the deck was required to be built with a building permit or if it is physically attached to the main structure.
(v) “Structure interior” means any interior wall, floor, ceiling, roof, or other portion of any structure that is structurally related. This definition shall not apply to items including, but not limited to, floor covering, kitchen or bathroom cabinetry, sinks, toilets, and light fixtures.
(w) “Substantial deterioration” means serious neglect in maintaining or repairing a building or structure that results in a noticeable decline in the physical quality of the building façade, building features, structural or non-structural elements and weatherproofing.
(x) “Weeds” means any plant that is growing where it is not wanted.
13.02.040 Responsibility for maintenance
(a) Every owner, occupant, lessee, or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 9 of any contract or agreement with any third party regarding such property or the occupation of the property by any third party.
(b) It shall be unlawful for any owner, occupant, lessee or holder of any possessor interest of real property within the City to create or maintain a violation on such property.
13.02.050 Violations Generally.
Anything that is detrimental or injurious to health; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, sidewalk, parkway, street or highway is a violation of this Chapter.
13.02.060 Specific Violations.
It is unlawful and it is declared to be a violation of this Chapter for any person owning, renting, leasing, occupying, managing, or having charge or possession of any property within the City to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a violation within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Violations of this Chapter include the following:
(a) Any imminent life safety hazard which creates a present and immediate danger to life, property, health, or public safety.
(b) The storing or allowing the storage of any abandoned or broken appliances and equipment or neglected machinery on private property or the parkway for more than 48 hours including, but not limited to any condition which constitutes an attractive
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 10 nuisance whether within a structure or on the premises. Any appliances, equipment, machinery, or accumulation of materials shall be removed immediately upon notification by the Director. Appliances left unsecured outside for disposal shall have all doors removed.
(c) Deteriorating and Defective Structures. Any and all improvements located on any property shall be presumed to be in violation of this section if any of the following conditions exist:
(1) Peeling paint in excess of an aggregate total of four-square feet of the entire façade (i.e., any exterior side) of a structure; (2) Excessive cracked, crumbling, loose, or broken stucco or other exterior wall coverings or interior covering as determined by the Director; (3) Structure exteriors that are improperly maintained, neglected, or damaged, or in need of repairs (e.g., weatherproofing, insect extermination or water intrusion);
(4) Any floor covering, including carpet, tile, and wood flooring, that presents a trip and fall hazard due to being improperly maintained, missing, or damaged;
(5) Any structure that is in a state of substantial deterioration which is visible from the public right-of-way;
(6) Broken, cracked, or missing windows or doors;
(7) Damaged, poorly fitting, or missing window screens, or screens covering vent areas (under floors, in ceilings), or damaged, poorly fitting screens for entrance or balcony doors, or deteriorated metal security doors;
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 11 (8) Roofs missing shingles, tile, or other material used as roof composition or the material is loose, damaged, substantially deteriorated, or unstable; (9) Roof and flashing that is not sound, tight and weatherproof. Roof drainage that fails to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts that are not maintained in good repair and free from obstructions. Roof water that is discharged in a manner that creates a public nuisance;
(10) Improperly maintained awnings, canopies, sunshades, sills, trellises, and other similar architectural features that are damaged, deteriorated and/or in disrepair; (11) Fences, walls, posts, cross-members, slats, and gates that are not plumb and true, not in good repair, rotted, fire damaged, have peeling paint, broken bricks, broken mortar, cracked or broken stucco, or are not constructed of materials treated in a uniform manner;
(12) Exterior gates, gate assemblies, operator systems if provided, hardware, and latches that are not maintained in good repair or proper operating condition; (13) Fences, walls, and hedges not maintained according to the standards set forth in Section 9.21.050 of this Code;
(14) Unpainted structures experiencing dry rot, termite infestation, or warping; (15) Any decoration, design, device, fence, structure, or clothesline which is deteriorated or in disrepair and unsightly by reason of its condition and is out of harmony or conformity with the maintenance standards of adjacent or surrounding properties so as to cause a diminution of the enjoyment, use or property values of such proximal
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 12 properties, or its inappropriate location as determined by the Director or a designated City official;
(16) Graffiti on private property that is visible from the public right-of-way or any adjacent property;
(17) Any building or structure which meets the definition of an unsafe building or structure as provided in the California Building Code, or any successor provision, adopted pursuant to Santa Monica Municipal Code Section 8.08.010; (18) Any building or structure left in a state of incomplete construction, partial demolition, or left damaged by vandalism, fire, earthquake, or other similar acts, for a period of six consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit;
(19) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code;
(20) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision;
(21) A conveyance in any Multiple-Unit Dwelling, mixed use, or commercial building that is found to be inoperable, or not maintained in a proper, safe, and good working condition;
(22) Faulty materials of construction in any improvements including those materials which are not allowed or approved by the Building Code as adopted by the
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 13 City and as reported to the Director by the Building Official, or which have not been maintained in a good and safe condition; or
(23) Buildings and structures, or portions of buildings and structures, that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner; (d) Rodent, Insect, Pest Infestation. Harborage and infestation of rodents, insects, and pests. When found, these conditions shall be exterminated by a licensed professional in a manner that is not injurious to human health. After extermination, documentation of treatment by a licensed professional shall be provided to the Director, and proper precautions and measures shall be taken to prevent future harborage and infestation.
(e) Fire Hazard.
(1) All violations of applicable conditions of the Fire Code as adopted by the City in Santa Monica Municipal Code Section 8.40.010, and as reported to the Director by the Santa Monica Fire Department.
(2) Failure to install or properly maintain any required carbon monoxide detector.
(3) Failure to install or maintain any fire or smoke alarm or fire suppression system in good working order.
(4) All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing or found upon public or private property, which by reason of their size, condition, manner of growth, or location endangers the public safety by creating
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 14 a fire hazard to any structure, improvements, crops, or other property, or when dry will, in reasonable probability, create a fire hazard.
(5) Any condition which poses a fire hazard.
(f) Hazardous and Unsanitary Conditions.
(1) Discharging, releasing, or allowing the accumulation of any human or animal waste material or substances, stagnant water, or any combustible or hazardous materials or substances, fluid or solid on any part of or in any structure on real property.
(2) The presence of any visible mold or mold-like substance, as determined by a health officer or code enforcement officer in any habitable room, or a non-minor level of mold in any non-habitable room. Odor is an indicator of the presence of mold, but not a diagnostic; if a musty odor is detected, visual confirmation of a “mold-like substance” is required.
(A) This section shall not apply to:
(i) Conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices; or
(ii) the presence of minor mold that is found on surfaces that can accumulate moisture as part of their functioning and intended use; or (iii) the presence of mold or mold-like substance if observed on household items (e.g., clothing, upholstery, food).
(3) Any condition which renders air, food, or drink unwholesome, unsanitary, or detrimental to health.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 15 (4) All violations of applicable conditions of the Health Code as adopted by the City in SMMC Section 5.08.370, and as reported to the Director by the Los Angeles County Department of Public Health, or any similar agency providing services to the City under the Health Code.
(g) Improper Parking or Storage of Goods, Equipment, and Vehicles. (1) Any violation of SMMC Chapter 9.28 Parking, Loading and Circulation or any other Zoning Ordinance provisions pertaining to parking or storing vehicles and equipment on private or public property.
(2) Using or allowing use of any hardscape area for parking which prevents or hinders access to elevators, entrances, exits, or trash receptacles or blocks access to any structure for emergency vehicles or personnel.
(3) The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, dismantled, or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public rightof-way and which is detrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project.
(4) Outdoor storage in violation of SMMC Section 9.21.100.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 16 (h) Inadequate or Faulty Mechanical Equipment.
(1) Lack of safe, adequate heating facilities in any dwelling unit or units, hotel, or motel.
(2) Heating and Ventilation
(A) Minimum Heat Requirements in Residential Rental Units. (i) Every occupied residential unit, as established in SMMC Section 9.51.020, shall be provided with heating facilities capable of maintaining a minimum room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms. All individual heating facilities must be fixed and permanently attached and properly wired. Wiring for heaters shall conform to the California Electrical Code. (ii) Such heating facilities shall be installed and maintained in a safe condition and in accordance with the Building Code and all other applicable laws.
(B) Buildings in which the heating system is not under the control of the tenant or occupant shall comply with Section 11.20.470 of the Los Angeles County Code.
(C) The use of space heaters as the primary source of heat shall not be permitted without prior written consent from the Building Official and Fire Marshall.
(3) Mechanical equipment and required screening, including vents, that does not conform with all applicable laws in effect at the time of installation, or which have not been maintained in good and safe condition.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 17 (4) All violations of applicable conditions of the Mechanical Code as adopted by the City in SMMC Section 8.28.010 and as reported to the Director or designated City official by the Building Official.
(i) Inadequate or Faulty Plumbing.
(1) Lack of plumbing fixtures required by the Building Code as adopted by the City, as reported to the Director by the Building Official. (2) All violations of applicable conditions of the Plumbing Code as adopted by the City in SMMC Section 8.32.010, and as reported to the Director by the Building Official.
(3) Plumbing which does not conform with applicable laws in effect at the time of installation or which has not been maintained in good condition and free of cross connections.
(4) Every plumbing stack, vent, waste, and sewer line shall function properly and be kept free from obstructions, leaks, and defects. (5) Grease interceptors and automatic grease removal devices shall be maintained in accordance with this Code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes.
Records of maintenance, cleaning and repairs shall be available for inspection by the Director upon request.
(j) Inadequate or Hazardous Electrical Supply, Lighting, and Wiring.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 18 (1) Lack of required or improperly maintained electrical lighting or convenience outlets in existing residential or commercial occupancies as reported to the Director by the Building Official.
(2) Lack of maintenance and repair of lighting fixtures inside dwelling units and in common areas of residential and commercial structures, including courtyards, garages, hallways, lobbies, parking areas and lots, public bathrooms, and walkways. (3) Missing, broken, or improperly installed, or improperly maintained electrical outlets, switches, or wall plates.
(4) Broken, malfunctioning, or improperly installed or maintained building entry and intercom systems.
(5) All violations of applicable conditions of the Electrical Code as adopted by the city in SMMC Section 8.24.010, and as reported to the Director by the Building Official.
(6) Wiring or electrical systems and components that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner.
(k) Inadequate Sanitation and Ventilation.
(1) Lack of hot or cold running water to plumbing fixtures. (2) Lack of the minimum amounts of natural light and ventilation required by the Building Code as adopted by the City, in SMMC Section 8.12.010. (3) Room and space dimensions less than required by the Building Code as adopted by the City.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 19 (4) Dampness in habitable rooms or excessive dampness in non-habitable rooms as determined by the Building Official. This section shall not apply to conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices. (l) Non-Maintenance of Landscape and Hardscape.
(1) A violation of Santa Monica Municipal Code Sections 5.08.070 (Sidewalks, cleanliness), 5.08.080 (Premises, cleanliness), 7.48.070 (Owner to maintain premises free of litter), 9.21.190 (Unexcavated Yard Areas), 9.26.040 (General Landscaping Standards), 9.21.080 and (Lighting), or any other Zoning Ordinance provisions or permit conditions pertaining to the installation and upkeep of landscaped or hardscaped areas located on private property or abutting parkways. (2) Persons owning or occupying property shall keep the sidewalk, parkway, gutter, and alley in front of or adjacent to the side or rear of their property free of litter in accordance with Section 7.48.050 of this Code. (3) The owner or person in control of any private property shall at all times maintain the premises free of litter in accordance with Section 7.48.070 of this Code. (4) Maintaining or allowing the maintenance of private property or parkway with a lack of adequate landscaping or approved ground cover material, as defined in Santa Monica Municipal Code Section 9.26.060, sufficient to prevent blowing dust or erosion, or allowing the landscaping on private property or in a parkway to cause a hazard or inconvenience to pedestrians using the public sidewalk.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 20 (5) Maintaining or allowing the maintenance of any paved areas for vehicle parking and access, porches, steps, or walkways in a hazardous condition due to cracked, raised, or missing surface materials.
(6) Any driveway on private property that is damaged in such a way as to be hazardous to persons using said driveway.
(m) Overgrown, Dying or Dead Vegetation. Overgrown, dying, or dead vegetation on private property or within parkway areas. The following additional requirement shall apply to all vegetation on private property and within parkway areas:
(1) Any dead, decayed, diseased or hazardous tree on private property or within a parkway that presents a danger to public safety. (2) Encroaching Hedges. The owner of a hedge shall maintain the hedge in accordance with Section 9.21.050 of this Code.
(3) Vegetation that:
(A) Harbors the presence of rats or vermin;
(B) Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street, or other right-ofway, so as to cause an obstruction to any person or vehicle using such public property; or
(C) Constitutes an attractive nuisance, a fire hazard, or otherwise creates a danger to public health or safety.
(4) Groundcover and similar vegetation shall not be permitted to grow taller than six inches.
(5) The premises shall be maintained free of weeds.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 21 (6) Dead or fallen branches, palm fronds, or similar vegetation shall be promptly removed from the ground or plant.
(7) Fallen leaves or other yard waste shall not be permitted to accumulate on any paved surface. Use of leaves as mulch in dirt areas is exempt from this requirement.
(8) Vegetation shall be continuously trimmed back to ensure that it does not grow within three feet of overhead power or utility lines. (9) Vegetation, excluding street trees, shall not be permitted to encroach on or obstruct any portion of the street, alley, or sidewalk. (10) Notwithstanding Section 9.21.180 of this Code, vegetation shall not be permitted to grow in a manner that:
(A) Blocks, obstructs, or interferes with public improvements, streetlights, or signage to any degree as determined by the Director; (B) Obscures or blocks the visibility, to any degree, of approaching or nearby pedestrians or vehicles on public property;
(C) Obscures or blocks the visibility of any person’s view, to any degree, of signs or traffic lights on public property; or (D) Obstructs access to, or use of, a sidewalk, street or highway, or a public easement or dedication to any degree.
(11) A determination that vegetation on private property or on an adjoining parkway is dead or dying may include, without limitation, consideration of the following factors: any physical characteristic of appearance evidencing a lack of proper watering or feeding; the creation or promotion of a fire hazard by reason
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 22 therefor; the existence of an infestation of any kind that is injurious to such vegetation; or when diseased or dying vegetation does not substantially respond to remedial care. The City shall require replacement of dead or dying vegetation and the abatement of such a condition. In this event, a responsible person shall first obtain applicable permits and comply with all applicable landscape regulations and requirements in the Municipal Code.
(n) Polluted Water. A pond, spa, swimming pool, fountain, or other body of water which is abandoned, unattended, unfiltered, or not otherwise properly maintained, resulting in polluted or stagnant water. Such structures shall be covered or filled with soil to prevent the accumulation of water. Standing water shall be immediately drained or removed.
(o) Refuse and Waste. Refuse and waste material which by reason of its location or character may constitute a fire hazard or threat to the health, safety, and general welfare, including aesthetic impacts, of the surrounding residential area. This includes maintaining or allowing to be maintained refuse and waste materials on private or public property. Compost piles are not considered refuse and waste. (p) Structural Hazards.
(1) Deteriorated, damaged, or inadequate foundations.
(2) Defective, deteriorated, or inadequate size flooring or floor supports. (3) Defective, deteriorated, or inadequate size members of partitions, walls, or other vertical supports.
(4) Defective, deteriorated, damaged, or inadequate size ceiling, roof, or other horizontal supports.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 23 (5) Defective, damaged, or inadequately constructed fireplace or chimney. (6) Damaged, defective, or deteriorated common area stairways or staircases including risers, runs, landings, and handrails.
(7) Damaged, defective, or deteriorated common area walkways including handrails and guardrails.
(q) Substandard Housing Conditions. To the extent not otherwise articulated above, for residential property and dwellings, any condition of a substandard building listed in California Health and Safety Code Section 17920.3. (r) Uninhabitable Buildings or Dwelling Units. Buildings or dwelling units may be deemed uninhabitable if any of the following conditions exist:
(1) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code.
(2) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision.
(3) Any substandard building condition listed in the California Health and Safety Code Section 17920.3 where the condition exists to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof, or are severe enough to be unsafe for human habitation as determined by the Building Official.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 24 (s) Vacant Properties. Vacant properties shall be maintained in compliance with all requirements found in this Chapter and in Chapter 13.04 of the Municipal Code. (t) Any violation of Article 9 of the Santa Monica Municipal Code relating to the City’s planning and zoning laws and regulations.
(u) Other Provisions of the Municipal Code. A violation of any other provision of the Municipal Code or Title 24 of the California Code of Regulations, as adopted by the City, that pertains to real property, structures, or which otherwise concerns the public health, safety, and general welfare.
(v) Impact on Viability of Surrounding Area. To maintain or fail to maintain property, or any structure on it, in a way that its condition contributes to the establishment of a prevalence of depreciated values, impaired investments, and social and economic maladjustments to the extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.
13.02.070 Correction of Violations.
The correction of any conditions described in this Chapter shall be performed in a way that conforms to the minimum standards of the building codes, maintenance practices and aesthetic standards of the surrounding neighborhood, maintains the value and enjoyment of surrounding properties, and promotes the public health, safety, and general welfare of the City.
(a) Code and Ordinance Compliance. Corrections of violations and repairs shall comply with all applicable Building, Electrical, Mechanical, and Plumbing Codes as adopted by the City, and City Zoning Ordinance requirements, including all required permits and inspections.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 25 (b) Manner of Repair. Corrections and repairs of violations shall be performed in accordance with manufacturer’s standards and, where applicable, in compliance with the standards of workmanship of acknowledged trades and as deemed acceptable by the Building Official or Director. (c) Conformity with Existing Materials. Exterior repairs and corrections of violations shall conform with the materials and colors of the complete structures being brought into compliance with the City’s Planning Department and Architectural Review Board procedures and guidelines, unless otherwise approved by the Director. (d) Content. Colors, forms, materials, and shapes used as design elements for any exterior repairs or corrections of violations shall be uniform in content and in compliance with the Architectural Review Board procedures and guidelines. (e) Drought-Resistant Plantings. Landscaping that is installed or replaced shall use in whole or in part, drought-resistant plantings and, where applicable, shall comply with the design standards and guidelines in Chapter 9.26 Landscaping.
13.02.080 Violations and Penalties.
(a) Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this Chapter or who does not correct violations in compliance with the requirements of this Chapter, is subject to the administrative citation provisions of Municipal Code Chapter 1.09. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 26 (b) The City’s authority to prosecute violations of this Chapter shall be in addition to its authority to pursue other remedies under Code Chapter 13.06 (Abatement of Nuisances), or any other local or State laws.
13.02.090 Environmental Testing, Remediation, and Reporting.
When violations of this Chapter are found to exist, the Building Officer or Code Enforcement Manager may require the responsible party to obtain and submit, at the sole expense of the responsible party, environmental testing reports from a qualified, licensed testing professional for mold, excessive moisture, or other conditions prior to and/or after repairs have been made. Failure to submit the required testing shall be deemed a violation of this Chapter and is subject to the same penalties as other violations of this chapter.
CHAPTER 13.04 VACANT PROPERTIES
13.04.010 Purpose
All vacant property shall be maintained in a non-blighted, safe, and secure condition, consistent with the requirements of this Chapter. It is the purpose and intent of the Council, through the adoption of this Chapter, to establish a vacant property maintenance program as a mechanism to protect the Santa Monica community from becoming blighted through the lack of adequate maintenance and security of vacant properties.
13.04.020 Applicability
This Chapter shall apply to all vacant or substantially vacant real properties located within the boundaries of the City of Santa Monica, regardless of zoning designation. This chapter shall not apply to a property or building that is actively being sold or offered for rent provided it is maintained in strict compliance with the provisions found in Chapter 13.02 of this Code.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 27 13.04.030 Definitions.
If a word is not defined in this Chapter or other specific provisions of the Santa Monica Municipal Code, the most common dictionary definition is presumed to be correct:
(a) “Groundcover” means any low plant that conceals the bare ground and protects the topsoil from erosion or drought. Examples include, but are not limited to, grass, moss, thyme, and clover.
(b) “Hardscape” means any non-vegetative feature or manmade material that is incorporated into a landscape. Examples include, but are not limited to, pavers, stone, bricks, wood chips, and decomposed granite.
(c) “Multiple-Unit Dwelling” means the same as defined in Section 9.51.020 of this code.
(d) “Sheeting material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi- clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. (e) “Softscape” means any live vegetation that is incorporated into landscaped areas.
(f) “Substantially vacant” means any property where fewer than thirty-five percent of the units are occupied.
(g) “Vacant property” means any property that is substantially vacant, unoccupied, or abandoned for more than ninety days, or where construction, pursuant to an active building permit, is not taking place or where an inspection by the Building and Safety Division, pursuant to an active building permit, has not been conducted within the previous ninety days.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 28 13.04.040 General Vacant Property Standards.
(a) Every person who owns, possesses, or has control of a vacant property, shall maintain and secure said property in accordance with all provisions in Chapter 13.02, and in such a way that it will not become a public nuisance. (b) A valid Trespass Arrest Authorization shall be kept on file with the Santa Monica Police Department empowering the Police Department to remove all unauthorized persons from the property. The Trespass Arrest Authorization shall be kept current and effective during the period of vacancy. (c) General Maintenance Requirements. Vacant properties shall be actively maintained, monitored and secured in compliance with all property maintenance provisions found in Chapter 13.02, and all of the following standards:
(1) The property shall be inspected weekly by the property owner, property manager, or their designee.
(2) Landscaping:
(A) The property shall be kept cleaned, watered and free of weeds; (B) Dead or dying plant material shall be removed;
(C) Groundcover vegetation shall not be permitted to grow taller than six inches;
(D) Groundcover, hardscape, or softscape shall be installed and maintained on all vacant property throughout the duration of the vacancy. Such landscaping is subject to the approval from the Community Development Director, or designee, and shall comply with the following:
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 29 (i) Plants used for groundcover shall not be allowed to grow taller than six inches; and
(ii) Irrigation, adequate for the health and growth of
groundcover plants, shall be provided and maintained throughout the duration of vacancy.
(E) Landscaping that contributes to an unsafe condition on the property shall be eliminated or trimmed to the satisfaction of the Director. (3) Notwithstanding Section 9.21.050 of the Code, for Vacant Properties, all hedges, bushes, and shrubs shall be maintained no higher than forty-two inches to allow for a clear view from the public right-of-way to the entire interior of the property. (4) Trees shall be pruned and maintained regularly to remove any overgrowth, or dead or dying branches and leaves. Adequate irrigation shall be provided to ensure the continued health and growth of all hedges, bushes, shrubs, and trees. (5) Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water when such water causes a hazardous or unhealthy condition, becomes a breeding area for insects, or which is causing soil erosion or damage to foundation walls.
(6) All trash, debris, rubbish, discarded furniture or defective or discarded equipment or appliances or items of similar nature shall be removed from the property.
(7) “No Trespassing” signs shall be posted and displayed along all street or alley facing property frontages and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 30 (8) Additional signage may be required by the Director to include the name and phone number of an individual that can promptly respond to complaints regarding the property.
(9) As determined by the Director, any vacant property may be required to be enclosed by a six feet tall and non-view-obscuring fence that is made of wood, wrought iron, or similar materials. This provides for clear and open visibility of the vacant property while providing an additional measure of security. The fence must be self-supporting and may not be attached to any part of adjacent property without the adjacent owner’s written permission. The fence’s location, type, and method of installation is subject to the approval of the Director or their designee, before installation; provided, however, that in no event shall the fence be a temporary fence made of chain-link, unless the property is actively being developed pursuant to a current and valid building permit.
(A) Fences shall be safe, structurally sound, and uniform or compatible in color and structure; they shall be maintained so that they do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight or conditions of disrepair include but are not limited to, leaning fences or walls, fences or walls that are missing slats or blocks, that exhibit rot, damage, graffiti, peeling paint, or deterioration of paint or materials. All unauthorized postings and graffiti shall be immediately removed or painted over. (B) Missing or damaged fencing shall be repaired or replaced within seventy-two hours of such damage occurring.
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Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 31 (C) All gates or entrances to vacant property shall be equipped with a combination lock. The current combination shall be provided to the Santa Monica Police Department on the Trespass Arrest Authorization Form. (10) Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits, or other insects and animals where such activity is not a danger or nuisance to any resident or residents of the area, and where other applicable legal requirements are met. Pest and rodent infestation shall be abated on the property and documentation shall be provided verifying the abatement from a licensed professional.
(11) The property shall be kept free of parked, abandoned, or inoperable vehicles except where a parking permit or other appropriate approval has been obtained from the city.
(12) Utility services, including gas, water, and electricity, shall be disconnected upon the property becoming vacant.
(13) Any swimming pool on a vacant property shall be drained, kept free of standing water, and comply with following:
(A) Filled-in with soil or any other fill approved and to the satisfaction of the Director; or
(B) Covered in such a way that water cannot collect in the swimming pool or on top the cover.
(14) Motion-activated security lighting in accordance with SMMC Section 9.21.080 (Lighting) may be required to be installed and maintained in working condition at all
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(15) Motion-activated video surveillance cameras may be required to be installed and maintained in working condition that provide two-way communication and mobile live-view video to the satisfaction of the Director. (16) Additional building locks and entry control including bars on windows shall be installed and maintained as determined by the Director to prevent unauthorized access to the property and any structure.
(17) Documentation shall be provided that adequate security is provided by onsite security personnel, roaming security patrol, or some other means; and twentyfour hours seven day a week security may be required as determined by the Director.
All curtains, blinds, and window coverings shall be removed from all windows located on the ground level of a structure allowing for a clear view to the interior of vacant buildings and units.
(18) The property shall be inspected each week and these inspections documented and submitted in writing to the satisfaction of the Director. These reports shall include the dates of the inspections, a list of any issues that were found and needed to be corrected, and time and date stamped photos of the property showing the overall conditions of the entirety of the property. (19) The Director may require increased frequency of inspections if it is determined that doing so is necessary to safeguard the community from impacts that are injurious to public health, safety, and general welfare, or where the property becomes attractive to unauthorized persons and trespassers.
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Packet Pg. 101 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 33 (20) All furniture and personal property shall be removed from the interior of vacant buildings.
(21) Approved address numbers shall be provided for all vacant properties and buildings in such a manner as to be plainly visible and legible from the street or road fronting the property.
(d) Securing of any or all structures by boarding unsecure windows, doors, and other openings with sheeting material shall be done in accordance with this section.
All buildings and structures upon the property shall be secured, locked, and closed as determined and approved by the Director and the Building Official. With the exception of the exterior access door required in subsection 1 below, all first-story doors and windows facing any street or alley shall be secured using sheeting material. First-floor doors and windows not facing any street or alley may be secured using plywood that meet the specifications found in subsection 2 below. As used herein, “sheeting material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi-clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. (1) Exterior Access Door. At least one exterior door shall allow authorized persons access to the interior of the residential property. Such exterior access door may be secured by using:
(A) A solid core wood or steel door with no windows or other openings in the door; or
(B) Hinged sheeting material or three-quarter-inch plywood attached to the door entry with three case hardened strap hinges of the type specified by
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Packet Pg. 102 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 34 the Building Official and the sheeting material or plywood shall be secured by at least two case-hardened steel hasps and minimum two-inch case-hardened padlock also of the type specified by the Building Official. (2) Use of Plywood.
(A) Plywood may only be used to secure doors and windows not facing a street or alley and shall be painted in a color consistent with the exterior of the dwelling unit. Plywood may be used for no more than thirty days to repair damage or vandalism to street and alley-facing doors and windows.
After thirty days, sheeting material shall be installed. (B) Plywood used to secure vacant properties shall be of unsanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings and three-quarter inch for sliding door and French door openings.
(C) Unless otherwise granted a variance by the Director from strict compliance herewith, materials such as oriented strand board (OSB), medium density fiberboard (MDF), particle board, wafer board, Masonite34, or other similar material shall not be used to secure vacant or abandoned buildings or structures.
(D) Plywood used to secure vacant properties shall be installed in accordance with presently applicable FHA-standards or as determined by the Building Official.
(3) Property that remains vacant for more than ninety days shall secure all windows, doors, and other openings in accordance with this section.
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Packet Pg. 103 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 35 (4) Sheeting material shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. (5) Security bars, laminate, or other methods approved by the Director and Building Official shall be installed on all windows.
(6) Only exterior-grade screws and round-head plated carriage bolts shall be used to secure a vacant property. Nails shall not be used. (e) A unit that is vacant in a substantially vacant Multiple-Unit Dwelling property and is not currently being offered for use as a residence shall be secured and locked, or otherwise made inaccessible in accordance with this section.
13.04.050 Violations and Penalties.
(a) Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this Chapter is subject to the administrative citation provisions of Municipal Code Chapter 1.09. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.
(b) The City’s authority to prosecute violations of this Chapter shall be in addition to its authority to pursue remedies under Municipal Code Chapter 13.06 (Abatement of Nuisances) and shall be entitled to recover any costs from the property owner associated with monitoring, inspecting, and securing the subject property to meet the requirements of this Chapter.
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Packet Pg. 104 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 36 13.04.060 Community Safety and Protection.
The Director is authorized to waive or modify any standard or condition found in this chapter if it is determined that, under the particular factual circumstances, the change is warranted to safeguard the property or the surrounding community from impacts that are injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including, but not limited to, juveniles and transients, nor constitute a health, fire or safety hazard. Requests for such waivers and modifications shall be submitted on a form provided by the City.
In making this determination, the Director shall consider:
(a) The history of unlawful activity and calls for service at this property; (b) The overall condition of the property and structures; (c) The willingness of the property owner to comply with City requests; (d) The likelihood that the change will result in improved protection of the property and the public writ large; and
(e) Any other evidence pertaining to the property and its owners, or the effects of the proposed change.
Chapter 13.06 ABATEMENT OF NUISANCES
13.06.010 Purpose.
(a) The intent of this Chapter is to provide a comprehensive mechanism for the identification and abatement of public nuisances within the City. (b) The remedies provided for in this Chapter are supplemental and complementary to all of the provisions of this Code, State law, and any law
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Packet Pg. 105 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 37 cognizable at common law or in equity; and nothing herein shall be read, interpreted or construed in any manner to limit any existing right or power of the City to abate any and all public nuisances.
(c) The procedures for abatement of substandard buildings contained in this Chapter are deemed equivalent for the purpose intended under Article 6, Actions and Proceedings of the California Code of Regulations, Title 25, Division 1, Chapter 1, Sub-Chapter 1.
13.06.020 Application.
The provisions of this Chapter shall apply to all property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter, but which is duly authorized under any other City, State or Federal law, shall not constitute a violation.
13.06.030 Responsibility for maintenance.
(a) Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee, or holder of any possessor interest of real property within the City to create or maintain a public nuisance on such property.
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Packet Pg. 106 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 38 13.06.040 Definitions.
(a) “Cost of abatement” means the total cost incurred by the City in connection with abating a public nuisance including, but not limited to:
(1) Any cost incurred in removing or remedying a public nuisance; and (2) A service fee for services rendered by the City in connection with inspection, notification, prosecution, and abatement procedures authorized by this Chapter, which fee will be calculated based on all services rendered by the City from initial inspection of the property for the purpose of documenting a violation of this Chapter until the violation is corrected; and
(3) Any expense incurred by the City in collecting the costs enumerated in this subsection.
(b) “Graffiti” shall mean any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession. (c) “Minor automotive repair and service” shall include replacement of wiper blades, fuses, radiator caps, lamps, and other minor accessories, changing oil and transmission fluid, patching or mounting of tires and similar repairs and services. “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity which is recognized by law as having rights and duties.
(d) “Owner” means the owner of record of real property.
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Packet Pg. 107 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 39 (e) “Premises” means any real property or improvements thereon. (f) “Public nuisance” means any nuisance designated in Section 13.06.050 of this Chapter.
13.06.050 Public nuisances.
The following are declared to be public nuisances:
(a) Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passerby, sale of stolen goods, public urination, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), or curfew violations.
(b) Any condition in violation of Chapter 4.04 of this Code (Animals). (c) Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance (as defined in Division 10 of the California Health and Safety Code) and every building or place wherein or upon which those acts take place.
(d) Every building or place used for the purpose of unlawfully selling, serving, or giving away alcoholic beverages and every building or place in or upon which alcoholic beverages are unlawfully sold, served, or given away. (e) Every building or place used for the purpose of illegal gambling as defined by State or local law, lewdness or prostitution, and every building or place in or upon which such activities are held or occur.
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Packet Pg. 108 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 40 (f) Any public telephone or other device that transmits or receives voice or electronic messages which is used as an instrumentality for or contributes substantially by its presence to any of the following:
(1) Illegally selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code);
(2) Soliciting, agreeing to engage in, or engaging in any act of prostitution or other criminal activity;
(3) Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control;
(4) Blockage of streets, alleys, or private driveways; or (5) Excessive noise.
(g) Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property. (h) Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public rightof-way except:
(1) Minor automotive repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property; (2) The work does not involve repetitive testing of an engine;
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Packet Pg. 109 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 41 (3) No more than one motor vehicle, as viewed from the public right-ofway, is being worked on at any point in time; and (4) The work complies with the City’s Noise Ordinance.
(i) Any violation of Chapters 13.02 and 13.04 of this Code. (j) Any public nuisance as defined in Civil Code Sections 3479 and 3480 and Penal Code Sections 370 and 371 or otherwise recognized in law or in equity as constituting a public nuisance.
13.06.170 Emergency procedures.
(a) Notwithstanding any other provision of this Chapter, whenever the condition giving rise to the public nuisance is an imminent threat to life, property, health, or public safety requiring immediate action, the City shall have immediate jurisdiction to abate the public nuisance and may order or take such action as is necessary to immediately abate the public nuisance.
(b) The City shall only pursue such remedial actions as are reasonably necessary to eliminate the immediacy of the hazard. The costs of such abatement, to the extent that they are not part of any regularly provided City service, shall be recoverable against the property owner and/or responsible persons through the steps outlined in this Chapter or any other methods authorized by law.
13.06.180 Summary abatement of graffiti.
(a) The City Council finds that proliferation of graffiti presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The
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Packet Pg. 110 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 42 presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement. (b) The City is authorized to summarily abate graffiti. The abatement may be undertaken by City staff or by outside contractors.
(c) The City shall provide the owner of the property subject to abatement action under this Section with written notice specifying the date that the City will abate the graffiti. This notice shall be mailed to the owner by certified mail, return receipt requested, at least five days prior to the scheduled City abatement. It shall inform the owner that the City will not undertake the abatement if the owner notifies the City in writing that the owner will abate the graffiti by a date specific acceptable to the City. The cost of abatement performed by the City shall be recovered in accordance with Section 13.06.190 except the accounting requirements of Section
13.06.190(b) may be undertaken by the Director of Public Works.
13.06.190 Lien, special assessment and other remedies.\ (a) The cost of abating a public nuisance shall either be a lien on the property, a special assessment against the property, or the personal obligation of owner and/or the person responsible for creating, causing, committing, or maintaining the public nuisance.
(b) The Director shall keep an itemized account of the expenses incurred by the City in abating nuisances under the provisions of this Chapter, including all administrative costs. Upon the completion of the work of abatement, the Building Officer, shall prepare and file with the City Council a report specifying the abatement measures undertaken, the itemized and total cost of the abatement, a
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Packet Pg. 111 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 43 description of the real property on which the abatement was done, and the names and addresses of the persons entitled to notice pursuant to Section 13.06.100, Service of order to abate public nuisance. This report shall be verified by the City official in charge of the abatement work.
(c) The City shall cause notice of the cost of abatement to be given in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Government Code Section 6062. The City shall also cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the persons entitled. Such notices shall be given at least ten days prior to the date set for hearing and shall specify the day, hour, and place when the City Council will hear and pass upon the report of the Building Officer. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
(d) At the time fixed for the hearing, the City Council shall hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the abatement work. The protests heard by the City Council pursuant to this subsection shall relate only to the charge to be made for abatement. No protest shall be heard concerning the underlying enforcement action in ordering the abatement of the nuisance, unless such abatement order was issued as a result of an emergency. Written protests may also
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Packet Pg. 112 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 44 be filed with the City Clerk at any time prior to the time set for the hearing on the report. Each written protest or objection must contain the property address and the grounds for such protest or objection. After hearing all oral protests and reviewing all written protests, the City Council may make such revisions, corrections, or modifications to the report as it may deem just, after which, by resolution, the report, as submitted, revised, corrected, or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. (e) Pursuant to Government Code Section 38773.1, the cost of abatement of a public nuisance under this Chapter can be a lien on the property or against the owner of the property as provided in subsection (g) of this Section. (f) Alternatively, pursuant to Government Code Section 38773.5, the cost of abatement of a public nuisance under this Chapter can be a special assessment against the property as provided in subsection of this Section. (g) If the cost of abatement is not paid within ten days after its confirmation by the City Council, the City may file in the Office of the County Recorder a certificate in substantially the following form:
NOTICE OF LIEN
On the day of , 20 , the City of Santa Monica caused a public nuisance to be abated on the real property hereinafter described pursuant to an abatement order dated, 20 .
The City of Santa Monica did on the day of , 20 , by action duly recorded in its official minutes, assess the cost of such abatement and
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Packet Pg. 113 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 45 related administrative costs, and determined that the same have not been paid. The City of Santa Monica hereby claims a lien on said real property for the net expense of the doing of said work plus related administrative costs in the sum of $, and the same shall be a lien on said property until said sum, with interest at the rate of 7% per annum, from the day of , 20 (date of confirmation of statement), has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Santa Monica, County of Los Angeles, State of California, and particularly described as follows:
(Description of Property)
Street Address
Legal Description
Parcel Numbers
(Name of owner and address)
Dated: ________________
Building Officer
(h) From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the City may file and maintain an action to foreclose such lien or take any other action as provided by law.
(i) As an alternative to the procedure authorized in subsection (d) of this Section and pursuant to Government Code Section 38773.5, the cost of
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Packet Pg. 114 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 46 abatement, if not paid within ten days after its confirmation by the City Council, may constitute a special assessment against that parcel of property which shall be recorded as follows:
(1) After the City Council determines that the charge will be assessed against the property, the City shall record a notice describing the abatement action and the total costs with the County Recorder.
(2) After confirmation of the report prepared pursuant to subsection (b) of this Section and recordation of the notice, certified copies of the report and the City Council resolution shall be given to the County Auditor or Assessor who shall add the amount of the assessment to the next regular tax bill levied against the parcel in the same manner as ordinary municipal taxes.
(3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. (4) The assessment liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except State, County, and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all interest due and payable thereon has been paid.
(j) The City Council may also order that the cost for the abatement be made a personal obligation of the property owner and/or the person responsible for causing,
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Packet Pg. 115 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 47 committing, or maintaining the public nuisance. The City Council shall then direct the City Attorney and the Finance Department to collect the cost of abatement. (k) The City Council may direct the City Attorney to institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City Attorney may bring any appropriate civil and criminal action for abatement of any nuisance within the City pursuant to any other provision of the law.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that the owner or possessor of a property, place or area is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner or possessor to pay treble the costs of the abatement to the City.
(l) All monies recovered by payment of the charge, obligation, assessment, or lien shall be paid to the City Treasurer who shall credit the same to the Nuisance Abatement Fund.
13.06.200 Violation.
(a) Any person violating any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
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Packet Pg. 116 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 48 (b) Any person found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse, as restitution, the City and other participating law enforcement agencies their full investigative costs and costs of abatement.
(c) Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.
(d) Any interested person may seek an injunction or other relief to prevent or remedy violations of this Chapter.
(e) The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.
13.06.210 Nuisance Abatement Fund.
The Finance Director is authorized to establish a revolving fund to be known as the Nuisance Abatement Fund which shall be used to defray costs of administrative and judicial abatement of public nuisances. The fund shall be reimbursed by collection from the property or property owner, or any responsible person, as specified in this Chapter and by the courts. This fund may be operated and used in conjunction with procedures ordered or authorized under this or any other abatement provision of this Code.
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Packet Pg. 117 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second 49 SECTION 3. Santa Monica Municipal Code is hereby amended Chapter 8.96 to read as follows:
Chapter 8.96 RESERVED
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 118 Attachment: ORD-CDD-Property Maintenance and Vacant Properties 2023.0912-2d (5985 : Property Maintenance and Vacant Properties-Second City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 10.D
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To: Mayor and City Council
From: Anuj Gupta, Interim Director of Transportation, Mobility (DOT) Subject: Introduction and Adoption of an Urgency Ordinance Amending Santa Monica Municipal Code Section 3.22.090 to Extend the Second Shared Mobility Device Pilot Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines
2. Introduce and adopt an urgency ordinance amending Santa Monica Municipal Code (SMMC) Section 3.22.090 to extend the term of the Second Shared Mobility Device Pilot Program from September 30, 2023, to a date thirty calendar days after execution of the contract(s) under SMMC Section 3.23 for permanent shared mobility services.
Executive Summary
The City of Santa Monica has operated a shared mobility pilot program (“Pilot Program”) since 2018. Since July 1, 2021, the City has been in the second phase of its Pilot Program with three companies (Spin, Veo, and Wheels; Lyft was initially a fourth operator who ceased operations across Southern California in November of 2022). The three operators operate four distinct device types (Class 1 and 2 e-bikes, two-wheeled electric scooters, and sit-down e-scooters). This second phase of the Pilot Program was initially slated to end on March 30, 2023, pursuant to Council’s direction on March 9, 2021, to transition shared mobility services to a contracting model.
On August 23, 2022, Council reaffirmed the transition of the shared mobility pilot program to a contracting model, directed staff to move forward with procurement for
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contracted service with up to two shared mobility operators, and extended the ongoing second Pilot Program to September 30, 2023.
Following Council’s direction, staff initiated a formal procurement for contracted shared mobility services. In adherence to procurement protocol, staff crafted and, on January 18, 2023, released a Request for Proposals (“RFP”) that prioritized City goals of effective and affordable mobility, safety and order, environmental sustainability, community partnership, system maintenance, and organizational stability. Staff then assembled a selection committee of diverse internal stakeholders representing multiple City departments and one external subject matter expert to evaluate proposals and return with the two highest-scoring bidders for subsequent contract negotiations.
With the top-scoring bidders having been identified through the formal procurement process, staff is currently in the process of negotiating contract terms that best serve City goals and the mobility needs of the community. In order to achieve this task and bring an award recommendation to Council, staff recommends that Council adopt an urgency ordinance extending the end date of the second Pilot Program from September 30, 2023, to a date that is 30 calendar days after the execution of the contract(s) for permanent service. Such execution will only occur after Council approves negotiated contract terms for the two highest-scoring bidders at a future Council meeting.
Background
History of Shared Mobility in Santa Monica
Since dockless shared scooters were first deployed in Santa Monica in 2017, the City has worked to shape dockless shared mobility in ways that maximize its benefit to the community for both users and non-users alike. As part of this effort, the City launched a first-phase Pilot Program in 2018, which transitioned to a second phase in 2021, and which remains ongoing. See Table 1 for a thorough timeline of City actions in administering dockless shared mobility.
Table 1: Shared Mobility Timeline
Date Description Attachment
September 2017 Bird Rides, Inc. e-scooter sharing launched in N/A
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Date Description Attachment
Santa Monica.
June 26, 2018 City Council formally approved a Shared Mobility Device Pilot Program and associated fees to
develop a new area of policy, regulation,
operation, and enforcement for shared mobility
devices in the City.
A
August 28, 2018 City Council approved a Shared Mobility public right of way (PROW) usage fee to fund the
creation of infrastructure to improve safety for
riders and citywide streets.
B
September 17,
2018
The Shared Mobility Pilot Program launched with
Bird, Jump, Lime, and Lyft, all of whom were
selected through a competitive process.
N/A
November 12,
2019
Staff returned to Council to present pilot program
outcomes. The program showed high ridership
and utilization, but challenges remained in rider
behavior, PROW management, and provider
regulation.
C
January 28, 2020 Council directed staff to create a second pilot program to build on the successes of the first and
better address challenges.
D
February 11, 2020 The City extended the term of the first pilot program, and the City subsequently released in
March 2020 a Request for Applications (RFA) for
the second pilot program.
E
May 12, 2020 Due to the COVID-19 pandemic, the second pilot program was postponed, and the first pilot
program was extended until April 30, 2021. The
Shared Mobility PROW fee was revised from $1
per device per day to $0.20 per trip.
F
November 2020 City-owned Breeze Bike Share program
terminated; Lyft launched e-bikes that were
originally permitted under the pilot program but
not initially deployed.
N/A
March 9, 2021 Council directed staff to implement a 21-month second Shared Mobility Device Pilot Program,
and following the second pilot program, to shift
from the temporary permit model to a longer-term
contracting model for shared mobility services in
the City.
G
July 1, 2021 The City launched the second pilot program. N/A May 10, 2022 Staff released an Information Item providing an update on the status of the second pilot
H
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Date Description Attachment
program.
August 23, 2022 Council extended the second pilot program from March 30, 2023, to September 30, 2023, and
directed staff to develop and release an RFP for
contracted shared mobility services.
I
November, 2022 Lyft ceases shared mobility operations in Santa Monica and across Southern California.
N/A
January 18, 2023 Procurement for contracted Shared Mobility service commences with release of RFP.
N/A
Current Shared Mobility Pilot Program
Currently, three operators are permitted to conduct shared mobility service in Santa Monica: Spin, which is permitted to deploy 700 e-scooters; Veo, which is permitted to deploy 200 scooters and 500 class 2 e-bikes; and Wheels/Helbiz, which is permitted to deploy 100 scooters and 100 class 1 e-bikes. Lyft was formerly permitted to deploy 600 class 1 e-bikes; however, they ceased operations in Santa Monica in 2022 as part of a broader withdrawal from Southern California markets.
This second-phase Pilot Program has furthered the City’s goals of providing for safe, effective, orderly, and equitable transportation for the community. Work remains to be done, however, in promoting system affordability, as well as ensuring a diverse set of shared mobility device types (particularly class 1 e-bikes, which have been largely absent since Lyft’s withdrawal).
Procurement of Contracted Shared Mobility
To address these issues and to advance the City’s goals for shared mobility service more effectively, City Council initially instructed staff to pursue a contracted shared mobility system on March 9, 2021. Council then reaffirmed this direction on August 23, 2022, with instructions to staff to begin procurement for shared mobility contracts with up to two operators.
As directed by Council, staff prepared an RFP for contracted shared mobility service that prioritized goals of affordability, equity, safety, order, and community partnership.
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The RFP was released on January 18, 2023, with a total of six proposals received by the closing date of March 8, 2023. These proposals were then evaluated by a selection committee comprised of seven total members: six City staff members representing various departments, and one external expert in shared micromobility. The selection committee members read, analyzed, and scored the submitted proposals according to a scoring rubric developed by Mobility staff and made available to all bidders as part of the RFP process. In assigning scores, selection committee members met regularly with each other and with staff to discuss the substance and intent of the scoring rubric, as well as to discuss any proposal-specific questions that may arise.
Discussion
The terms of the final shared mobility contract(s) will be important to ensure the best possible service for Santa Monica community members. Specifically, staff will seek to negotiate terms that ensure affordable, safe, orderly, and environmentally sustainable provision of shared mobility service that is actively and equitably promoted throughout the community.
To achieve these goals, staff recommends that Council extend the current Pilot Program while contract negotiations proceed. Specifically, staff recommends that Council adopt the attached emergency ordinance amending SMMC Section 3.22.090 to extend the end date of the second Pilot Program from September 30, 2023, to a date that is thirty (30) calendar days after contract(s) for shared mobility service are executed. This recommended ordinance amendment needs to be done on an emergency basis, given that the current pilot program ends on September 30, 2023, which would not provide sufficient time for the second reading and subsequent 30-day period required of a standard ordinance modification.
If Council adopts the attached emergency ordinance, staff will continue with contract term negotiations with the two top-scoring bidders. After substantive agreement on terms are reached, staff will return to Council for approval of final contract execution with one or both recommended bidders. This will likely occur in Quarter 2 or Quarter 3 of fiscal year 2023-2024. If Council approves, the contract(s) will then be executed, and
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the 30-day clock will begin, after which the current pilot program will end, replaced by the new contracted program.
Environmental Impact Statement
CEQA applies only to projects that have the potential for have a significant effect on the environment. A project is not subject to CEQA under CEQA Guidelines Section 15061(b)(3) “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposal to extend the current phase of regulation of shared mobility would not result in a physical environmental effect on the environment.
In addition, Section 15302 exempts Class 1 projects from CEQA, which include the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures [or] facilities, including streets, sidewalks, bicycle and pedestrian trails, and similar facilities.” The project consists of the regulation of shared mobility devices within the public right of way because it consists of alternate operation (and permitting) of public streets, sidewalks, and similar facilities that do not create additional automobile lanes. The shared mobility devices are required to be operated within existing public streets, would utilize existing shared mobility stations, and would not necessitate the construction of new vehicle travel lanes for operation.
Therefore, the shared mobility program qualifies as a Class 1 exemption.
Furthermore, Section 15308 also provides an exemption for Class 8 projects, which include actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment.
The shared mobility program is intended to regulate shared mobility devices for the protection of the environment, including people. Therefore, the program does not have the potential for causing a significant effect on the environment and is categorically exempt from CEQA review under CEQA Guideline sections 15301 and 15308.
Financial Impacts and Budget Actions
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There is no immediate financial impact or budget action necessary as a result of the recommended action. As discussed in the staff report delivered to Council on August 23, 2022, the next, contracted phase of the Shared Mobility program will provide for full cost recovery so that all costs to administer the program are covered by revenues from the permanent program. Likewise, the extension of the current Shared Mobility pilot program will entail the prorated extension of current annual operator fees, along with the continuation of current public right-of-way usage fees, which presently cover all City costs required to administer the program. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Trevor Thomas, Senior Transportation Planner Approved Forwarded to Council
Attachments:
A. Urgency Ordinance Extending Second Pilot Program AC (002)
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1 City Council Meeting: September 12, 2023 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.22.090 TO
EXTEND THE TERM OF THE SECOND SHARED MOBILITY PILOT PROGRAM WHEREAS, since dockless shared scooters were first deployed in Santa Monica in 2017, the City has worked to shape dockless shared mobility in ways that maximize its benefit to the community for both users and non-users alike; and WHEREAS, In 2018, the City implemented a Shared Mobility Device Pilot Program and associated fees to develop a new area of policy, regulation, operation, and enforcement for shared mobility devices in the City, with four initial operators; and WHEREAS, in 2021, the City implemented a Second Shared Mobility Pilot Program with four operators providing four distinct device types (Class 1 and 2 e-bikes, two-wheeled electric scooters, and sit-down e-scooters); and WHEREAS, the initial end date for the Second Pilot Program was March 30, 2023, however, staff sought, and Council approved an extension to September 30, 2023 to allow staff to move forward with a procurement for contracted service with up to two Shared Mobility operators; and
WHEREAS, based on Council’s direction, staff initiated a formal procurement for contracted shared mobility services, in adherence to procurement protocol, that prioritized City goals of effective and affordable mobility, safety and order, environmental sustainability, community partnership, system maintenance, and organizational stability; and
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Packet Pg. 126 Attachment: Urgency Ordinance Extending Second Pilot Program AC (002) (5613 : Extension of Second Shared Mobility Device Pilot Program) 2 WHEREAS, staff then assembled a selection committee of diverse internal stakeholders representing multiple City departments and one external subject matter expert to evaluate these proposals and return with the two highest-scoring bidders for subsequent contract negotiations; and
WHEREAS, with the top-scoring bidders having been identified through the formal procurement process, staff is currently in the process of negotiating contract terms that best serve City goals and the mobility needs of the community; and will bring those terms to Council with its award recommendation to Council; and WHEREAS, an emergency ordinance now needed to extend the term of the Second Pilot Program until staff negotiates contract terms with the top two bidders, and so that the City is not left without shared mobility services prior to Council award.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.22.090 is hereby amended as follows:
3.22.090 Pilot program term.
Permits issued pursuant to this Chapter shall take effect on July 1, 2021, and, unless otherwise extended or terminated earlier by the City, shall be of no further force or effect beyond thirty (30) calendar days after execution of the contract(s) under Chapter
3.23 for shared mobility services. September 30, 2023, unless otherwise extended or terminated earlier by the City.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
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Packet Pg. 127 Attachment: Urgency Ordinance Extending Second Pilot Program AC (002) (5613 : Extension of Second Shared Mobility Device Pilot Program) 3 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for reasons stated in the above recitals, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting, shall become effective immediately upon its adoption.
APPROVED AS TO FORM:
________________________
Doug Sloan, City Attorney
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Packet Pg. 128 Attachment: Urgency Ordinance Extending Second Pilot Program AC (002) (5613 : Extension of Second Shared Mobility Device Pilot Program) City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 10.E
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To: Mayor and City Council
From: Anuj Gupta, Interim Director of Transportation, Mobility (DOT) Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 6.49 on Taxicabs to Transition from Taxicab Franchises to Taxicab Permits
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) and a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading changes to the attached ordinance, SMMC 6.49, Taxicabs, that transition the City from a taxicab franchise program to a permitbased program.
Executive Summary
Taxicabs and ride-hailing services are part of the City of Santa Monica’s multimodal transportation network. With the changing nature of the taxicab industry due in part to the rise in the use of Transportation Network Companies (TNCs) like Uber and Lyft for ride-hailing services, staff recommends that the City shift from a franchise program for regulating taxicabs to a permit-based system similar to a shift that the City of Los Angeles adopted in 2022.
The current Taxicab Franchise Program is scheduled to expire on December 31, 2023.
One operator, Taxi! Taxi! meets the requirement of being “substantially located” within the City as required by California state law AB 1069, Local Government Taxicab Transportation Services, which became effective on January 1, 2019. Being “substantially located” within a jurisdiction is defined as where the taxicab company or driver is located. Under the permitting system, any company that meets the criteria
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under AB 1069 may seek a permit. Staff recommends that the City transition to a permit-based taxicab program to reflect the changing state of the industry.
To codify the transition, staff recommends amending SMMC Chapter 6.49 as follows:
• Amend SMMC Section 6.49.060 to eliminate the Annual Franchise Fee and • Delete references to franchise and replace them with references to a permitting system.
Background
Santa Monica’s taxicab franchise was established by City Council in June 2009 due to an influx of the number of taxicabs within the City and complaints of poor customer service from drivers; confusing and high fees; lack of discounted services for seniors and residents with disabilities; and “bandit” taxis. In 2007-2008, when Nelson/Nygaard conducted a taxicab study, 412 cabs were operated by 55 companies in the City. By June 2009, the numbers increased by 24%, and 511 permitted cabs operated by 55 cab companies served a resident population of approximately 91,000.
Since 2009, drastic changes have affected the taxicab industry, most notably the rise of TNCs and shifting user behaviors due to the COVID-19 pandemic. In November 2010, Council granted taxicab franchises to five companies: Bell Cab, Independent Taxi, Metro Cab, Taxi! Taxi! and Yellow Cab for a period of five years. Subsequently, Council granted a 2-year extension in 2015 and a 1-year extension in 2017 to all five taxicab companies.
In 2017, AB 1069 was signed into state law to revise taxicab regulations to address industry challenges due to the rise of TNCs. Most notably, by January 1, 2019, taxicab permitting moved from a patchwork of local requirements to a countywide system that only requires taxicab drivers and companies to obtain a permit in the jurisdictions where they are “substantially located.” Under the requirements of AB 1069, that meant only companies “substantially located” within Santa Monica could be eligible for the City’s taxicab franchise. At the time, one taxicab company, Taxi! Taxi!, met the requirements in AB 1069. At its November 13, 2018, meeting, Council provided staff direction to extend Taxi! Taxi!'s current franchise agreement by five years ending on December 31, 2023.
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In response to the staffing impacts of the Citywide restructuring, Council provided direction to staff at its July 28, 2020 meeting to explore other options associated with the taxi franchise, including but not limited to transitioning from a franchise model to a permit-based system.
Past Council Actions
Meeting Date Description
June 30, 2009
(Attachment A)
Introduction and first reading adding Chapter 6.49 to establish taxicab franchises
November 9, 2010
(Attachment B)
Introduction and first reading of five ordinances of the City of Santa Monica granting a taxicab franchise to Bell Cab, Metro Cab, Independent Taxi, Taxi! Taxi! and Yellow Cab
December 14, 2010
(Attachment C)
Introduction for first reading ordinances amending the taxicab franchises with Bell Cab Company, Independent Taxi Owners Association, Metro Cab Company, Taxi! Taxi!, and Yellow Cab Company to increase the maximum number of taxicabs per
company to sixty.
September 27, 2011
(Attachment D)
Introduction and First Reading of Six Ordinances Modifying the Taxicab Franchise and Permit Annual Renewal Dates and Make Other Clarifications and Changes to Santa Monica
Municipal Code Chapter 6.49
March 17, 2015
(Attachment E)
Taxicab Franchise Program Regulations, Non-Taxi Vehicles for Hire Regulations, and Curb Space Allocation to Non-Taxi Vehicles for Hire (e.g., Uber, Lyft)
November 10, 2015
(Attachment F)
Introduction and first reading of Ordinances extending the taxicab franchise of Bell Cab, Independent Taxi, Metro Cab, Taxi! Taxi! and Yellow Cab
November 14, 2017
(Attachment G)
Introduction for first reading of Ordinances extending taxicab franchises of Bell Cab, Independent Taxi, Metro Cab, Taxi! Taxi! and Yellow Cab for one year
November 18, 2018
(Attachment H)
Introduction for First Reading an Ordinance amending and extending the taxicab franchise of TMAT Corp., dba Taxi! Taxi!
July 28, 2020
(Attachment I)
Staff presentation about constrained staff resources and transitioning from a taxicab franchise system to a permit system
Discussion
On January 14, 2010, staff released a Request for Proposals (RFP) for Taxicab franchises with 13 applicants. On November 10, 2010, the City of Santa Monica granted a taxicab franchise to five companies: Bell Cab, Metro Cab, Independent Taxi, Taxi! Taxi! and Yellow Cab. In 2018, Council amended taxicab regulations in compliance with
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California State law (AB 1069) and extended the franchise with one company that was substantially located in Santa Monica: Taxi! Taxi!. With the adoption of AB 1069, only one taxicab operator, Taxi! Taxi!, is “substantially located” within the City of Santa Monica. Currently, Taxi! Taxi! has a fleet of fewer than 10 vehicles and drivers, and the scale of taxi operations is drastically different than when the franchise was first established, when they were operating 59 taxicabs.
Regionally, many cities are transitioning taxicab management from franchise models to permit-based systems. In 2019, the City of Beverly Hills dissolved its taxi franchise. In 2022, the City of Los Angeles transitioned from a franchise to a permit-based system that regulates a variety of operators and fleets. City staff has been in regular communication with peer cities throughout the region to explore a regional permitting function and best practices for local regulation. Based on discussions with the City of Los Angeles, staff does not recommend moving forward with a regional permitting system at this time due to the extended timeframes and jurisdictional and operational challenges that would need to be resolved to establish this novel system.
Continuing the franchise beyond December 31, 2023, would presumably result in a sole source procurement process for one eligible applicant. Therefore, staff recommends the taxicab franchise be allowed to lapse on December 31, 2023. To provide staff and taxi companies ample time to transition to the permit system, staff recommends pro-rating permit fees for the first six months of the permit-based system and issuing new permits extending the City-issued 2023 vehicle and driver permits through June 30, 2024. On July 1, 2024, new permits will be issued, and the full annual permit fees will be due. To address staffing constraints in multiple departments, staff plans to transition the annual permits and fee collection from the calendar year to the fiscal year and streamline the fees overall.
Considering the current business model, the remaining taxi stands located throughout the City will be converted into short-term parking or dynamic loading zones for a variety of uses. The conversion will ensure that a variety of curbside uses have the space allocated to mitigate negative behaviors such as double parking or bike lane blockages.
Over the years and during the COVID-19 pandemic, taxi stands have seen less and less use and have been repurposed for a variety of uses such as Zero Emission
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Delivery Zones, loading zones, and parklets. During a 2023 meeting with Taxi! Taxi! representatives, they indicated that the stands are of little use to their current state of operations.
As part of the transition, Mobility staff is converting the current franchise agreement and franchise administrative regulations language to permit administrative regulations to manage the program post-franchise.
Impact on Customers and Fares
Under the current franchise, Taxi! Taxi! is the only company that may utilize the current curbside taxi stands. Other taxicab companies that are licensed within the County of Los Angeles may provide taxicab service in Santa Monica on a pre-arranged basis only.
Staff proposes repurposing taxi stands to loading zones for a variety of uses or to metered parking spaces, depending on the adjacent land use context.
Under the permit-based system, and unchanged from the franchise system, taxicab companies other than those substantially located within Santa Monica can still conduct prearranged trips; however, no street hailing will be permitted by companies not substantially located within the City. Additionally, none will be permitted to stand and queue for passengers. Taxi companies who meet the requirements in AB 1069 and the Santa Monica permitting rules will be permitted to conduct street hailed trips.
Under the current franchise agreement, senior citizens (persons aged 65 and older) and persons with disabilities (including persons with a Los Angeles County Transit Operators Association Metro Disabled Identity Card) receive a ten percent (10%) discount. The discount for seniors and persons with disabilities will be incorporated into the Administrative Regulations. As an alternative to taxi service, the City provides residents 65 years and older, or 18-64 with a disability, discounted Lyft and wheelchair vehicle rides through the Mobility on Demand Every Day (MODE) program. MODE’s service area is limited to the city’s boundaries and a few select destinations in Los Angeles. MODE operates on weekdays between 8 a.m. to 4:30 p.m. and Saturdays between 8:30 a.m. to 3:30 p.m.
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Taxi trips are often taken to/from Los Angeles International Airport (LAX). With the lapsing of the franchise and transition to a permit-based system, the City can continue to set maximum rates for fares. The new permit program will allow taxi companies substantially located within the City to be more competitive with TNCs and provide incentives or coupons to customers. Further, the City of Santa Monica provides a costeffective alternative for passengers who need to go to/from LAX: Big Blue Bus Route 3 which generally operates 5 a.m. to 11:45 p.m. on weekdays and weekends, and Rapid 3 which operates 7 a.m. to 7:30 p.m. on weekdays.
Additionally, since the creation of the original taxi franchise, Metro has made significant progress in LAX transit connectivity, with the Airport Metro Connector project directly connecting Metro rail and bus service to the new LAX people mover system currently scheduled to open in late 2024.
Environmental Review
The ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The ordinance’s proposed changes to the taxicab franchise consist of programmatic changes and would not result in a physical environmental effect on the environment.
In addition, Section 15302 exempts Class 1 projects from CEQA, which include the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures [or] facilities, including streets, sidewalks, bicycle and pedestrian trails, and similar facilities.” The project consists of transitioning from a taxicab franchise to a permit-based model. The transition is a programmatic change and would not necessitate the construction of new vehicle travel lanes for operation.
Therefore, the ordinance for the taxi program qualifies as a Class 1 exemption.
Financial Impacts & Budget Actions
The City will no longer collect the following annual franchise fees associated with the program:
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• Annual base franchise fee per taxicab company: $5,000 • Annual franchise fee per vehicle in taxicab fleet: $452 (current fleet is 10 vehicles)
The estimated annual loss in revenue is $9,520 annually. Any revenue changes needed will be included as part of the midyear budget process. The remaining fees are streamlined and included in the 2022-2023 Franchise Fee Schedule and will undergo the same annual fee increases as all other fees issued within the City. A new fee schedule will be developed to reflect the shift from the permit issuance and payments at the beginning of the calendar year to align with the fiscal year.
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Proposed Fees associated with the taxi program:
Business License Taxes $250.00 per vehicle
California State Mandated Fee (CASp) $4.00
New taxicab driver’s permit application fee $54.31
Renewal taxicab driver’s permit application fee $54.31
Taxicab driver’s permit re-examination fee $74.92
Taxicab driver’s permit transfer fee $74.92
Taxicab driver’s permit replacement fee $54.31
New vehicle permit fee $135.78
Transfer vehicle permit fee $135.78
Renewal vehicle fee $81.47
Replacement vehicle permit fee $43.45
Vehicle re-inspection fee $54.31
Prepared By: Barbara Jacobson, Transportation Planning Associate Approved Forwarded to Council
Attachments:
A. Attachment A. June 30, 2009 Staff Report
B. Attachment B. Nov 9, 2010 Staff Report
C. Attachment C. Dec 14, 2010 Staff Report
D. Attachment D. Sept 27, 2011 Staff Report
E. Attachment E. March 17, 2015 Staff Report
F. Attachment F. Nov 10, 2015 Staff Report
G. Attachment G. Nov 14, 2017 Staff Report
H. Attachment H. Nov 13, 2018 Staff Report
I. Attachment I. July 28, 2020 Staff Report
J. 6.49 Taxicab Permit Ordinance 09.12.2023
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City Council Meeting: June 30, 2009
Agenda Item: 7-B
To: Mayor and City Council
From: Elaine Polachek, Deputy City Manager
Subject: Ordinance to Establish Franchise System for Regulation of Taxicab Operations and Modifying Existing Provisions Applicable to Taxis and Vehicles for Hire Recommended Action
Staff recommends that City Council introduce for first reading an ordinance to establish a franchisebased system for the regulation of taxicab operations and modify existing provisions applicable to taxis and vehicles for hire.
Executive Summary
A recent study of taxicab operations in Santa Monica found a consensus among cab companies and drivers presently operating in the City, the business community, and City staff that there are too many cabs for the market. Further, there are multiple problems presented by the current open-entry taxicab permitting system which prevent the City from reducing vehicle emissions, limiting the number of taxicabs, setting uniform fares, and requiring taxicab companies to meet operating standards. The 2009 survey of Santa Monica residents identified traffic issues as a top concern.
At their February 10, 2009, consideration of the taxicab study, Council directed staff to provide information on a medallion-based system as an alternative to the recommended franchise system; and to recommend economically viable criteria for selection of taxicab operators with an emphasis on environmentally-friendly fleets, safety criteria, discounts for seniors and persons with mobility impairments, operator viability, quality of service and enforceability of standards. Staff recommends adoption of an ordinance to establish a franchise-based system for the regulation of taxicabs, which would limit the number of taxicab companies to between four and eight companies, limit the total number of vehicles in the taxicab fleet to 250, require franchisees to meet standards for their vehicles and drivers, and be self-supporting through franchise, vehicle permit and driver permit fees.
Background
In October 2006, the Task Force on the Environment recommended to City Council that it direct staff to develop an ordinance initiating a franchise system and awarding franchises only to taxi companies whose fleets met specific emission and mileage standards. At their February 10, 2009, meeting City Council commented on the excessive number of cabs, especially in the downtown area, and the need to reduce their impact on the City and on the environment. The City has also received complaints regarding taxis cruising for business; poor customer service from drivers; confusing and high fees; lack of discounted services for senior and disabled residents; and taxicabs with Santa Monica permits operating as “bandit” taxis in Los Angeles and other cities. Traffic has become an increasing concern to Santa Monica residents and in the 2009 resident survey, traffic continued to be at the top of the list of issues of most concern to Santa Monica residents. In their consideration of the LUCE, Council endorsed guidelines to manage and reduce traffic, supporting a policy of “No Net New Trips” as the basis for traffic management and promoting sustainability.
Limiting the number of taxicabs and establishing enforceable standards would promote this policy.
Taxicab Franchise - City of Santa Monica https://www.smgov.net/departments/council/agendas/2009/20090630/s2... 1 of 7 7/7/2019, 11:36 AM
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Packet Pg. 137 Attachment: Attachment A. June 30, 2009 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Since the City has no experience with alternative taxi regulatory mechanisms, a study was conducted to help assess options for regulating taxicab operations. The study, conducted by Nelson/Nygaard Consulting Associates, concluded that:
· Santa Monica has too many taxicabs and too many taxi companies for the population; · The City’s present open-entry form of regulation, which relies on market forces, does not ensure either quality taxi service or a healthy taxicab industry; · The City should establish a taxi franchise system which uses a competitive Request For Proposals (RFP) process to award franchises to at least four but no more than eight cab companies, each with a minimum fleet size of at least 25 vehicles, and which limits the total number of authorized cabs to between 200 and 300;
· Franchised cab companies should be required to meet financial, technical and service standards for themselves, their vehicles and their drivers as a franchise condition in order to ensure quality services.
At the March 3, 2009 Council meeting, staff recommended that Council adopt an emergency ordinance establishing a moratorium on the City’s approval and issuance of new taxicab licenses and permits in Santa Monica pending the establishment of a new system for regulating taxicab operations within the City. Council directed staff to return with an ordinance but chose not to impose a moratorium on new licenses in the interim.
Discussion
Santa Monica does not presently limit the number of cabs operating in the City and issues permits to any taxicab owner who meets insurance and other minimal requirements. In 2007-2008, when Nelson/Nygaard conducted its study, there were 412 cabs operated by 55 companies in the City.
Since then, the numbers have increased by 24% and there are now 511 permitted cabs operated by 55 cab companies to serve a resident population of 91,000. Twenty of these cab companies consist of a single vehicle and 23 other companies consist of 2-10 vehicles. Taxi drivers in Santa Monica currently average about $24,000 in annual income, due to the over-saturation of the market.
Despite heavy competition, taxis in Santa Monica mostly charge higher rates than taxis in other nearby cities. Compared to nearby cities, Santa Monica has a much higher cab to population ratio.
The President of the Los Angeles Board of Taxicab Commissioners informed the City that as of May 23, 2007, taxicabs with Santa Monica permits are the single highest source of “bandit” cabs found to be operating illegally in Los Angeles without meeting L.A.’s stricter standards for vehicles, drivers and cab companies.
The current open-entry system does not provide a regulatory framework to enable the City to establish requirements used by many other cities, including:
· placing limits on the number of cab companies allowed to operate in the City and establishing rules governing their operation.
· limiting the total number of taxicabs that can operate in the City in order to allow both Taxicab Franchise - City of Santa Monica https://www.smgov.net/departments/council/agendas/2009/20090630/s2... 2 of 7 7/7/2019, 11:36 AM
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Packet Pg. 138 Attachment: Attachment A. June 30, 2009 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code companies and drivers to achieve reasonable earnings.
· establishing either a single fare structure or a maximum fare. · limiting the age of taxi vehicles and/or establishing strict standards for appearance and safety.
· requiring each company to have a distinctive name and color scheme, with unique vehicle numbers, so that customers can easily distinguish among companies and City staff can more easily enforce rules and investigate complaints.
· requiring effective radio/computerized dispatching to avoid drivers cruising/waiting for walkup business, ensure service to customers and improve driver/customer security. · requiring driver training and testing in order to meet standards for knowledge of City rules, geography and English.
· requiring each company to provide wheelchair accessible vehicles · encouraging or incentivizing the utilization of vehicles that promote better air quality and/or fuel efficiency.
· encouraging or incentivizing the provision of discounts for seniors and persons with mobility impairments.
Medallion-Based Systems
At their February 10, 2009, meeting, Council directed staff to explore a medallion-based system as a possible alternative. Medallion systems, like those used in New York, Boston or San Francisco, impose a cap on the number of vehicles with provisions for the automatic renewal of vehicle licenses and for the transfer/sale of licenses between vehicle owners, conditioned only on City approval of the new owners' qualifications. The initial sale of the medallions would provide one-time revenues to the City, but the medallion would then become a commodity to be re-sold by the owner at market rates. Medallion systems are most common in large, dense cities with the need for large, economically viable taxi fleets.
While the medallion system would limit the number of taxicabs, it makes enforcement of service standards difficult as the City would continue to have the labor-intensive task of enforcing service standards on the individual vehicle owners and individual drivers as opposed to a limited number of companies under a franchise system.
In addition, the medallion system does not provide a structure to increase the taxicab driver’s income. It is common for multiple medallions to be purchased by companies or individuals acting on behalf of companies, who then lease the medallions to individual drivers. It has been suggested that the City could establish a medallion system that limits medallion sales to single driver-owners, using increased driver incomes as a means of assuring quality customer service. However, there is no mechanism whereby the City could ensure that individuals purchasing medallions are not acting as agents for other entities. Medallions are usually sold through auction by the local government.
The most recent auction held by New York City resulted in average winning bids in excess of Taxicab Franchise - City of Santa Monica https://www.smgov.net/departments/council/agendas/2009/20090630/s2... 3 of 7 7/7/2019, 11:36 AM
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Packet Pg. 139 Attachment: Attachment A. June 30, 2009 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code $413,000 per medallion from a minimum bid requirement of $189,000. With the high value of medallions as a limited commodity, financing models have arisen, such as the Medallion Financial Group, a publicly traded specialty finance company. With the cost of a medallion controlled by the market, medallion owners often raise lease fees making it harder for drivers to make a profit.
Proposed Changes to Current Taxi Ordinance and Creation of New Taxi Chapter Staff is proposing the creation of a new chapter of the Municipal Code (6.49) that establishes a franchise-based system for taxi operations as well as regulations applicable to taxis. Chapter 6.48 of the Municipal Code would be revised to contain only the most basic requirements pertaining to all vehicles for hire such as insurance, business license and direct routing.
The proposed taxi franchise provisions specify criteria for franchise applicants, establish a process for granting and revoking franchises, and list basic rules applicable to operating taxis in the City.
The ordinance limits the number of franchises awarded, the total number of taxis in the City and sets a process by which those numbers can increase or decrease.
The proposed ordinance would strengthen current provisions prohibiting illegal taxi operations and impose additional requirements on franchised companies. Specifically, the proposed ordinance established the following standards and requirements:
1. Use a competitive RFP process to award franchises to at least one but no more than eight cab companies, each with a minimum fleet size of at least 25 vehicles and each with a minimum percentage of vehicles that can accommodate a wheel chair;
2. Establish an initial total limit of 250 vehicles permitted to operate in the City;
3. Structure the competitive RFP process so as to encourage the greatest use of fleets consisting of SULEV and other fuel-efficient vehicles and encourage bidding companies to propose enhancements beyond the minimum requirements, as a means of selecting the franchisees and determining how many cabs each company could operate;
4. Require that companies make available discounts to senior and persons with mobility impairments;
5. Require that each company have a distinct name, color scheme and unique cab numbers;
6. Require a centralized dispatching system, based either on radio or computerized technology; record keeping with both dispatch logs and driver logs; and a staffed place of business (not necessarily in Santa Monica) where records are kept and may be inspected and where customers may contact the company to make complaints or retrieve property;
7. Require that companies provide training to their drivers on City requirements, company procedures, defensive driving, map reading, local geography, customer relations, personal hygiene, security and public safety, and non-discrimination in the treatment of customers based on age, disability, ethnicity and gender;
8. Require that companies ensure that drivers are proficient in English so they can communicate directly with customers without the aid of cell-phone calls or other translation assistance;
9. Require that companies be responsible for their drivers’ compliance with City regulations Taxicab Franchise - City of Santa Monica https://www.smgov.net/departments/council/agendas/2009/20090630/s2... 4 of 7 7/7/2019, 11:36 AM
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Packet Pg. 140 Attachment: Attachment A. June 30, 2009 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code and state and local laws, including provisions for company-specific fines and penalties for a persistent pattern of driver violations, including franchise suspension or revocation for failure to enforce compliance;
10. Require documentation of the cab firm’s financial stability adequate to meet the franchise standards, with a liability insurance coverage requirement of no less than $350,000 combined single limit per vehicle;
11. Require vehicles to be no older than a specific number of years and be certified by a Citydesignated inspection facility for safety, mechanical reliability, meter reliability, markings and required signage;
12. Establish a single metered fare rate equivalent to the prevailing fare set by the Los Angeles Department of Transportation; and two flat rates for trips to LAX, one for trips originating north of the I-10 freeway and one for trips south of the I-10 freeway;
13. Establish annual franchise, vehicle permit and driver permit fees to cover all City costs of administering the taxicab franchises; and
14. Establish mandatory record keeping requirements to ensure accountability.
Impact on Presently Permitted Taxicab Drivers and Companies In order to reduce taxicab numbers to a reasonable ratio which will serve the City’s transportation needs, the number of taxicabs now permitted to operate will need to be reduced by 50%. This would result in a decrease of 250 taxis. Of the 55 companies now permitted to operate, 47 would not meet the suggested minimum fleet size of 25 vehicles per company under the recommended franchise structure. However, as the drivers and small companies themselves suggested at the workshops, independent drivers, single owner/operators and small companies have the option of forming their own cooperatives or associations and submitting eligible bids, thus not limiting franchise eligibility to the larger taxicab companies. At least one taxi cooperative, consisting of drivers who own and operate their own taxi vehicles, is currently operating in Santa Monica.
Vehicle Emission/Fuel Efficiency Standards
At its December 15, 2008 meeting, the Task Force on the Environment reviewed with City Attorney’s Office staff the issue of federal pre-emption of local standards for vehicle emissions and fuel economy and adopted a motion stating its support for the establishment of a taxi franchise agreement that would maximize criteria for pollutant reduction, greenhouse gas emission reduction, and petroleum displacement for future taxi operations in Santa Monica. Staff has reviewed the legal implications of setting specific vehicle emission/fuel efficiency standards and has found that attempts to impose stricter regulatory standards than those authorized by the federal Clean Air Act and Energy Policy and Conservation Act have been overturned by courts based on the doctrine of federal preemption. However, other cities, including San Francisco and New York, have been able to achieve the goals of reducing emissions and dependence on carbon-based fuels through incentives. Rather than limit taxicab fleets to compressed natural gas-powered vehicles or hybrid electric vehicles, staff recommends a more flexible approach that would evaluate proposals in a Taxicab Franchise - City of Santa Monica https://www.smgov.net/departments/council/agendas/2009/20090630/s2... 5 of 7 7/7/2019, 11:36 AM
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Packet Pg. 141 Attachment: Attachment A. June 30, 2009 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code way that rewards bidders that commit to using fleets consisting of SULEV and other fuel-efficient vehicles.
Discounted Fares for Senior and Customers with Disabilities Residents have requested that discounted taxi service be available to seniors and persons with mobility impairments. Bid evaluations will include points for companies that commit to providing discounts to seniors and persons with mobility impairments.
Alternatives
As an alternative to adopting a franchise-based taxicab ordinance, Council could adopt a medallionbased system as described above.
Financial Impacts & Budget Actions
There is no legal limitation on the amount of franchise fees that the City may impose for the exclusive/limited privilege of operating a taxicab business on public city streets. The costs to support, administer and enforce a franchise system can be recovered through franchise, permit and inspection fees paid by the taxicab companies and drivers.
The following taxi and driver fees are currently in place:
Taxicab
- Taxi Decal Fee: $ 75.60
- Processing Fee: $144.61
TOTAL: $220.21
Taxi Driver (new)
- Processing Fee: $144.61
- Photo Badge: $ 84.55
- Fingerprint: $102.70
TOTAL: $331.86
Taxi Driver (renewal)
- Processing Fee: $144.61
- Photo Badge: $ 84.55
TOTAL: $229.16
Staff recommends that the franchise fee and vehicle and driver permit fees be established at rates both comparable to surrounding cities as well as to fully cover the costs of administering the franchise operations. At this time, it would appear that fees in the following range would meet these objectives:
Annual franchise fee per cab firm: $10,000
Annual vehicle permit fee per taxicab: $ 875
Annual driver permit fee per driver: $ 150
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Packet Pg. 142 Attachment: Attachment A. June 30, 2009 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Administration of the proposed franchise system would be performed by the Traffic Division of the Police Department and would consist of annual review of the franchise-holder’s performance, ongoing processing of vehicle and driver permits, and supervision of the vehicle inspection/certification process by a City-designated facility.
Prepared by: Pamela McGarvey, Acting Revenue Manager
Approved: Forwarded to Council:
Elaine Polachek
Deputy City Manager
P. Lamont Ewell
City Manager
Attachment 1 - Taxicab Ordinance
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Packet Pg. 143 Attachment: Attachment A. June 30, 2009 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code City Council Meeting: November 9, 2010
Agenda Item: 9-A
To: Mayor and City Council
From: Carol Swindell, Director of Finance
Subject: Award of Taxicab Franchises
Recommended Action
Staff recommends that City Council:
1) Hold a Public Hearing and Introduce for first reading ordinances granting franchises to Bell Cab Company, Independent Taxi Owners Association, Metro Cab Company, Taxi Taxi, and Yellow Cab Company;
2) Adopt the attached resolution setting annual taxicab franchise fees and taximeter rates; and 3) Adopt the attached resolution setting the penalty structure and schedule of fines.
Executive Summary
A 2008 study by Nelson\Nygaard Consulting Associates of taxicab operations in Santa Monica found that the City’s open-entry taxicab permitting system allowed the operation of too many cabs for the market, and prevented the City from reducing vehicle emissions created by taxicabs, setting uniform fares, enforcing requirements that taxicab companies meet specific operating standards, and providing discounts for seniors and persons with mobility impairments. Based on the study’s recommendations, on July 28, 2009, Council adopted an ordinance establishing a franchise-based system for the regulation of taxicabs, which limits the number of taxicab companies to no more than eight companies, limits the total number of vehicles in the taxicab fleet to 250, requires franchisees to meet standards for their vehicles and drivers, and be self-supporting through franchise, vehicle permit and driver permit fees. In compliance with the ordinance requirements, a Request for Proposals (RFP) for citywide taxicab franchises was issued on January 14, 2010, with a response deadline of 3:00 pm on March 19, 2010. Thirteen qualified proposals were received and evaluated based on the criteria specified in the ordinance and the RFP. Based on the evaluation, staff recommends the award of franchises by ordinance authorizing the operation of 50 vehicles each to Bell Cab Company, Independent Taxi Owners Association, Metro Cab Company, Taxi Taxi, and Yellow Cab Company, for a citywide total of 250 taxicabs. The attached resolution sets the annual taxicab franchise fees and rates and reflects amounts published in the Request for Proposals (RFP) document. The second attached resolution sets the penalty structure and penalties for violation of the taxicab rules and regulations.
Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 1 of 14 7/7/2019, 11:38 AM
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Packet Pg. 144 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Background
In October 2006, the Task Force on the Environment recommended to City Council that it direct staff to develop an ordinance initiating a franchise system and awarding franchises only to taxicab companies whose fleets met specific emission and mileage standards. At their February 10, 2009, meeting City Council commented on the excessive number of taxicabs, especially in the downtown area, and the need to reduce their impact on the City and on the environment. The City also received complaints regarding taxicabs: cruising for business, poor customer service from drivers, confusing and high fees, lack of discounted services for senior and disabled residents, and taxicabs with Santa Monica permits operating illegally as “bandit” taxis in Los Angeles and other cities.
Traffic is an increasing concern and in the 2009 resident survey, traffic continued to be at the top of the list of issues of most concern to Santa Monica residents. Limiting the number of taxicabs and establishing enforceable standards would promote the City’s sustainability and traffic management goals.
In 2008, the City retained the services of Nelson\Nygaard to assess options for regulating taxicab operations. The study concluded:
· Santa Monica has too many taxicabs and too many taxicab companies for the population; · The City’s present open-entry form of regulation, which relies on market forces, does not ensure either quality taxicab service or a healthy taxicab industry; · The City should establish a taxicab franchise system which uses a competitive Request For Proposals (RFP) process to award franchises to at least four but no more than eight cab companies, each with a minimum fleet size of at least 25 vehicles, and which limits the total number of authorized cabs to between 200 and 300; and
· Franchised taxicab companies should be required to meet financial, technical and service standards for themselves, their vehicles and their drivers as a franchise condition in order to ensure quality services.
On July 28, 2009, Council adopted an ordinance establishing a franchise-based system for the regulation of taxicabs, which limits the number of taxicab companies to at least one but no more than eight companies, limits the total number of vehicles in the citywide taxicab fleet to 250, requires franchisees to meet standards for their vehicles and drivers, provides for rules/regulations for enforcement of franchise requirements and be self-supporting through franchise, vehicle permit and driver permit fees.
Discussion
On January 14, 2010, staff released a Request for Proposals (RFP) (Attachment A) for taxicab franchises and held a pre-proposal conference on January 21, 2010, which was attended by representatives of 33 taxicab firms/operators. Two subsequent rounds of written questions and answers (Attachment B) clarifying the RFP requirements were conducted and the initial response Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 2 of 14 7/7/2019, 11:38 AM
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Packet Pg. 145 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code deadline of February 22, 2010 was extended to 3:00 pm on March 19, 2010, to provide all potential responders adequate time to meet the RFP requirements. Thirteen proposals were received by the RFP response deadline.
Evaluation
An interagency committee evaluated the 13 proposals. The evaluation team included five members who scored and rated all aspects of the proposal and included two representatives from the Finance Department, one representative from the Office of Sustainability and the Environment, one representative from the Police Department, and one representative from the City of Los Angeles Department of Transportation Taxicab Regulation Division. The evaluation team also included other experts who were consulted regarding specific aspects of the proposal and included a representative from the Pier Restoration Corporation, Bayside District, additional Police Department staff, and the Human Services Division. The five raters evaluated the proposal based on the following criteria, contained in SMMC 6.49.040(b) and detailed in the RFP:
· Proof of financial viability, demonstrating ability to provide taxicab services in compliance with City ordinances and regulations and the bidder’s proposal. (20%) · Experience in providing taxicab services during the last 10 years, including demonstrated quality of service and safety. (20%)
· Proposed business and management plan. (20%)
· Fleet composition, including age and condition of taxicabs, annual minimum number of vehicles meeting Ultra Low Emission Vehicle and Super Ultra Low Emission Vehicle (ULEV/SULEV) and other low-emission standards. (15%)
· Local preference. (8%)
· Character of operator’s owners/members/principals/partners, verifying criminal/civil record, taxicab regulatory, franchising, licensing, insurance and litigation history. (5%) · Proposed discount fares for senior and mobility impaired customers. (3%) · Dispatch and communication system. (3%)
· Driver training, testing, supervision and life/health/disability benefit plans. (3%) · Operator/driver financial relationships including leasing, fees, memberships and all other relationships. (3%)
The evaluators independently reviewed each proposal prior to convening over two days to discuss and review the proposals in detail. During the discussion period, technical expertise and input was provided by subject matter experts, in areas including environmental and accessibility. Each evaluator calculated a composite score for each company using the score sheet (sample in Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 3 of 14 7/7/2019, 11:38 AM
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Packet Pg. 146 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Attachment C). The final weighted composite score was entered into an Excel spreadsheet to calculate the total composite score (Attachment D). In a manner consistent with other City RFP processes, notes and individual scores from each evaluator were not retained. Also consistent with other City processes, only one original file copy of each proposal received was retained. Staff surveyed other cities regarding taxicab RFP processes and found a wide range of methods to communicate the resulting recommendation. Despite the wide variety of methods, one constant was the communication of composite scores and not individual rater comments or evaluations. The attachments to this report represent the material retained.
In summary, the 13 proposals received were:
TABLE 1
Taxicab Franchise Proposal Summary
PROPOSER # Current
SM
Taxicabs
# Proposed
SM Taxicabs
Now operating in
SM?
Based in
SM?
All Yellow Taxi
Inc
6 30 Yes No
Bell Cab 43 60 Yes No
Beverly Hills
Cab Co
29 80 Yes No
Euro Taxi 28 60 Yes Yes
Independent
Taxi Owners
Assoc.
12 50 Yes No
LA Checker Cab
Co/VIP Yellow
0/40 40/40 No/Yes, under
new joint venture
No
Lady's Yellow
Cab dba Yellow
United
27 40 Yes Yes
Metro Cab Co. 20 100 Yes Yes
SM Yellow Cab 9 30 Yes No
San Gabriel
Transit Inc/City
Cab
0 36 No No
SMCC Yellow
Cab
0 100 No No
Taxi Taxi* 59 100 Yes Yes
Yellow Cab 40 60 Yes No
*TMAT Corporation also includes Lotus Taxi with 6 licensed taxis.
As of March 2010, the 13 proposers operated 316 taxicabs in Santa Monica. Collectively, they proposed to operate a total of 826 taxicabs, more than three times the statutory maximum of 250 taxicabs permitted to operate by all franchise holders. Two proposers do not currently operate any cabs in Santa Monica. One additional proposer does not currently operate any taxicabs in the City Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 4 of 14 7/7/2019, 11:38 AM
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Packet Pg. 147 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code but put forth the formation of a new joint venture with a current operator, dependent on award of a franchise. Four proposals were received from operators with business operations currently based in Santa Monica.
Proof of Financial Viability
Proposals were evaluated on submitted documentation of equity funding, debt funding, balance sheets, cash flow statements, income statements, financial plan for operation of the proposed level and scope of services. Firm structure was reflective of the taxicab industry in general with proposals from cooperatives/associations, in which vehicles are owned by members and either operated by the member owner or leased to an independent contractor driver, and firms in which one or more partners own the vehicles and lease them to independent contractor drivers. Members of cooperatives/ associations are assessed annual fees to cover the organization’s operating costs and share in the organization’s profits. Taxicab drivers are rarely, if ever, bona fide employees.
Almost without exception, taxicabs are either driven by the vehicle owner or leased to an independent contractor taxicab driver. The recommended firms most clearly demonstrated financial capacity within their organizational structure to meet the franchise requirements, with financing commitments where necessary to meet expansion of their present fleet or acquisition of new technology.
Experience Providing Taxicab Services
Proposals were evaluated on submitted documentation of current ownership/ management’s experience in providing taxicab service during the last ten years in any jurisdiction where franchises/permits were held, scope of current taxicab operations and references from permitting jurisdictions. All but two proposers were experienced in providing taxicab services in Santa Monica. The two proposers which have not operated previously in Santa Monica have significant experience in other jurisdictions in Los Angeles and Orange Counties. The recommended firms demonstrated a history of quality operation both in Santa Monica and in other jurisdictions.
Proposed Business and Management Plan
Proposals were evaluated on submitted documentation of organizational structure and internal relationships of owners/members to leasing drivers, experience of management personnel, procedures for discipline of members and lease drivers, operating facilities and their location, staffing plan, experience of management personnel, vehicle maintenance and storage, plan for maintaining required taxicab service levels and procedures for addressing service deficiencies, vehicle maintenance personnel/ facilities, disciplinary program for drivers/members/employees, complaint resolution procedures, accident tracking/investigation, record keeping programs, and programs or agreements which might limit Santa Monica service availability.
Not all proposers provided business plans which clearly demonstrate compliance with the City regulations or the ability to provide the required increase in levels and quality of service. Several Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 5 of 14 7/7/2019, 11:38 AM
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Packet Pg. 148 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code proposals specified management personnel with minimal relevant experience in the taxicab industry. The recommended firms demonstrated their ability to provide appropriate and experienced staffing, meet technological requirements, monitor and enforce a uniform standard of service from all drivers, maintain detailed records and provide meaningful reports to the City, and to fund their proposed level of operation.
Fleet Composition
Proposers were required to specify a fleet of at least 25 vehicles, with a specific number of proposed vehicles in each of the SULEV/ULEV/other categories of fuel efficiency/emission rating.
In addition, each proposal was required to specify a number of wheelchair accessible vehicles equal to at least 10% of the proposed fleet size. Wheelchair accessible vehicles were not subject to the fuel efficiency/emission ratings requirements because the required side-loading vans are not currently available in economically viable high fuel efficiency/low emissions models. Proposed fleets ranged from 30 to 100 vehicles, with all proposals based on expansion of their existing fleet, no matter its present size in Santa Monica. Proposers were required to provide a specific deployment schedule with the full fleet in operation at the end of five months. The evaluation committee gave the most weight to those proposals which both proposed fleets with greater composition of the most fuel efficient/least polluting vehicles and with the most aggressive deployment schedule. In order to ensure that all franchise holders have an equal opportunity to access the available market and that no franchise holder has an advantage based on the number of vehicles available for service over other franchise holders, staff recommends that the number of vehicles authorized for each of the five recommended franchises be set at an individual fleet size of 50 vehicles, of which 5 are to be wheelchair-accessible vehicles. The minimum vehicle classification mix for each franchise fleet, as shown in Table 3 below, is recommended on the basis of the original fleet mix stated in the proposals submitted in response to the RFP, as summarized in Table 2.
TABLE 2 - ORIGINALLY PROPOSED FLEET
TOTAL
FLEET
SULEV ULEV Wheelchair
Accessible
Bell Cab 60 16 38 6
Independent Taxi Owners Assoc 50 45 0 5
Metro Cab Co. 100 56 29 15
Taxi Taxi 100 50 40 10
Yellow Cab 60 25 25 10
TOTAL PROPOSED VEHICLES 370 192 132 46
TABLE 3 - RECOMMENDED FLEET
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Packet Pg. 149 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code TOTAL
FLEET
SULEV ULEV Wheelchair
Accessible
Bell Cab 50 16 29 5
Independent Taxi Owners Assoc 50 45 0 5
Metro Cab Co. 50 45 0 5
Taxi Taxi 50 45 0 5
Yellow Cab 50 25 20 5
TOTAL RECOMMENDEDVEHICLES 250 176 49 25
The raters scored each company based on the proposed fleet distribution between SULEV, ULEV and accessible vehicles (Table 2). In support of the Task Force on the Environment and Council’s priorities, the recommended total fleet (Table 3) would consist of 70% SULEV or higher standard vehicles, 20% ULEV vehicles, and 10% wheelchair accessible vehicles. Franchisees will be strongly encouraged to increase the number of SULEV or greater class vehicles in their individual fleets. The franchise ordinance provides for the City and recommended taxicab companies to negotiate the final fleet composition and provides for the final ratio between SULEV and ULEV to not go below the original proposed fleet composition.
By recommending an equal fleet size for each of the five recommended franchise firms, no one firm is given an advantage in size over another and all franchised firms are offered an equal opportunity to serve the Santa Monica taxicab customer. The recommended fleet size also represents an increase for all but one firm and eases the financial burden which might be encountered by those firms which proposed the greatest expansion of their existing fleet.
Local Preference
Each proposer was required to declare the address of their principal business location as a means of determining whether the firm’s principal location was in Santa Monica or another location. Firms which declared a Santa Monica location as the principal place of business as were provided the full local preference point advantage in the final scoring over firms declared principal business locations outside of Santa Monica.
Character of Operator’s Owners/Members/Principals/Partners Proposals were evaluated on submitted and other documentation accessed by the City of criminal convictions, anti-competitive practices, violations of state/federal laws regarding false or misleading advertising, revocation/suspension of business license, violation of operator licenses/franchises, litigation against franchising authorities, and citations of operators/drivers for operating in jurisdictions without required permits/licenses (bandit cab operations). Through criminal background checks conducted by the California Department of Justice fingerprinting review, all proposers demonstrated that their ownership and principal investors of record were of good character and Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 7 of 14 7/7/2019, 11:38 AM
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Packet Pg. 150 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code background, appropriate to the operation of a taxicab franchise. Of the recommended firms, most demonstrated compliance with regulatory requirements jurisdictions in which they were authorized to operate.
Proposed Discount Fares
All proposers specified some form of fare discount for senior citizens (persons age 65 or older who present proof of age, such as a DMV ID card) and persons with disabilities (persons with a Los Angeles County Transit Operators Association [LACTOA] Metro disabled ID card). While proposed discounts ranged from 10% to 25%, some proposed discount schemes were determined to be problematic. Several required advance purchase of a pre-paid “debit” card with no information as to how the card was to be read or validated. One committed to accepting discount media for which the City would be required to fund reimbursement. Others placed the full burden of the mandated discount on the driver with no support or reimbursement from the franchise holder. These approaches fail to guarantee a transparent fare discount that is easily understood by the target customer groups and is easily monitored by the franchise holder and the City.
The evaluation committee recommends that a discount of 10% off of the metered fare for eligible passengers, with a reimbursement to the driver by the franchise holder, should be required of all franchise recipients. The committee determined that higher discounts are not financially viable without funding by some entity other than the franchise holders and their independent contractor drivers.
Dispatch/Communication System
Proposals were evaluated on submitted documentation of the taxicab companies’ staffing/deployment plan, dispatch and communication systems, procedures for dispatching vehicles and capturing records of services operations, dispatch facilities and locations, technology for serving speech/hearing impaired customers and non-English speaking customers, and procedures and formats for reporting service data to the City. Digital dispatching systems are a required feature of the RFP and all proposers committed to acquiring this technology if it was not already in place in the company’s operations. Additionally, digital systems utilize GPS to provide the most efficient dispatching of available taxicabs and also improve the safety of passengers and drivers by providing the vehicle’s location to the central dispatch. The recommended firms more clearly demonstrated their understanding and use of this technology and its ability to both communicate with drivers from a centralized computerized dispatch location and to provide a backup communication system in case of emergencies or failure of the digital system.
Driver Training, Testing, Supervision and Benefit Plans Proposals were evaluated on submitted documentation of driver selection and training process, proposers’ English language testing procedures, driver training and re-training programs, and driver and employee benefit plans and costs. Taxicabs are either driven by the vehicle owner or leased to Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 8 of 14 7/7/2019, 11:38 AM
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Packet Pg. 151 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code an independent contractor taxi driver. Taxicab drivers are rarely, if ever, bona fide employees.
None of the proposals stated that they provide health insurance benefits to drivers. All but one of the recommended proposers provide a level of accidental death/disability benefit with some medical benefit at either the proposer’s cost or, in the case of those with the highest benefit, a nominal cost (e.g. $20 per month) to the driver. The recommended firms all had specific procedures for soliciting, selecting, hiring and training drivers and complying with City and state requirements for drug screening.
Operator/Driver Financial Relationships
Proposals were evaluated on submitted documentation of leasing costs and other fees charged by the operating entity to vehicle owners and taxi drivers, as well as any contribution required of drivers towards the cost of discounted fares. Membership entities assess their member’s annual fees to support the operation of the entity and share back any annual profit. Ownership entities, such as LLC’s and partnerships, own the firm’s assets and derive income from the lease payments for use of the vehicle and its equipment. Leasing fees charged by the Santa Monica-based firms were consistently higher than those charged by firms based elsewhere, but were within the range of fees generally charged in the industry.
Race, Ethnicity or Nationality of Taxicab Companies’ Ownership or Personnel The race, ethnicity, or nationality of owners, officers, members, or other personnel of the taxicab companies was not a factor in the evaluation process and played no role whatsoever in the evaluation committee’s recommendations for taxicab franchises. The evaluation committee was unaware of the specific race, ethnicity or nationality of individuals linked to specific taxicab companies until such race, ethnicity or nationality was pointed out by outside individuals and organizations subsequent to the evaluation process, and well after the publication of the taxicab companies recommended for an award of a franchise in the City.
Taxicab Rules
Section 6.49.020 of the Santa Monica Municipal Code authorizes the Santa Monica Police Department to adopt rules and regulations consistent with and necessary to implement Chapter
6.49 of the Code. In developing its taxicab franchise system, the City looked to the established taxicab rules in nearby franchised cities, including Los Angeles and West Hollywood, as the basis for developing the City’s rules. The rules were also reviewed against the adopted ordinance and the Santa Monica Municipal Code and to ensure that the rules furthered the stated goals for establishing the franchise system, including the goals of providing consistent, safe, high quality taxicab service; decreasing the environmental impact of taxicabs; and providing the opportunity for all franchised taxicab companies to have fair and equitable business practices.
Penalties for Violations of Taxicab Rules
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Packet Pg. 152 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Consistent with Section 6.49.150 of the Santa Monica Municipal Code, a progressive penalty structure is established which:
· Sets a specific penalty for violation of each of the Taxicab Rules. Depending on the seriousness of the rule violation, penalties range from monetary fines to revocation or cancellation of the vehicle permit, driver permit, or franchise operations. · Imposes progressively increased penalties for repeat violations of the same rule within a set time period.
· Imposes penalties on both taxicab drivers and the franchisee for driver violations as a means of ensuring that franchisees exert control over and take responsibility for their drivers’ actions.
A taxicab driver or franchisee that has been cited for a violation of a taxicab rule or regulation may request an administrative hearing before a hearing officer, as set forth in Santa Monica Municipal Code Section 6.49.150.
Other Remedies
Franchisees are also subject to suspension of their taxicab operations or revocation of their franchise, and taxicab drivers are also subject to suspension or revocation of their driver’s permit, for violations of the terms and conditions of the franchise ordinance, and Santa Monica Municipal Code Chapter 6.49, as set forth in Sections 6.49.050 and 6.49.070(h). Notice and a hearing in accordance with the hearing procedures set forth in Chapters 6.16 and 6.49 will precede any action of suspension or revocation. Violations of Chapter 6.49 may also be prosecuted as infractions or misdemeanors in Los Angeles Superior Court, as set forth in Section 6.49.140.
Taxicab Franchise Fees
On June 30, 2009, staff recommended that the franchise fee and vehicle and driver permit fees be established at rates both comparable to surrounding cities as well as at a level that fully recover the costs of administering the franchise operations.
At that time, staff presented the following fees:
Annual franchise fee per taxicab firm: $10,000
Annual vehicle permit fee per taxicab: $ 875
Annual driver permit fee per driver: $ 150
After receiving input from Council and in order to better encourage the use of environmentally superior vehicles, staff developed a new proposed annual franchise fee schedule that was published in the RFP documents, as follows:
Annual franchise fee per taxicab firm: $5,000
Annual SULEV/ULEV/Wheelchair vehicle permit fee: $1,200 Annual non-SULEV/ULEV/Wheelchair vehicle permit fee $1,800 Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 10 of 14 7/7/2019, 11:38 AM
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Packet Pg. 153 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Annual driver permit fee $ 150
The revised fee structure was developed to incentivize the use of low emission vehicles and is expected to generate approximately the same revenue as that previously recommended and encourages the use of SULEV, ULEV and accessible vehicles.
Taximeter Rates
The Nelson\Nygaard Taxicab study generally set forth two recommendations for setting taxicab rates: (1) set a maximum rate; or (2) set a rate that is equal to LADOT which is widely used in the sub region. Staff recommends that the most effective taxicab meter rate would be option 2, which would minimize confusion for the public that often travels between jurisdictions and for enforcement to ensure a consistent rate. Therefore staff recommends the following taximeter rates, which are consistent with the current LADOT rates:
$2.85 flag drop (first 1/9th mile)
$0.30 for each additional 1/9th mile ($2.70 per mile)
$0.30 for each 37 seconds waiting/delay ($29.19 per hour) The study further recommended that passengers be given the option of electing at the beginning of a trip to either the Bob Hope Airport or Los Angeles International Airport (LAX) to pay the metered rate or a flat rate, and with different flat rates for travel to LAX originating north or south of the I-10 Freeway. Staff recommends the following airport flat rates:
North of I-10 to Los Angeles International: $45
South of I-10 to Los Angeles International: $35
Santa Monica to Bob Hope Airport: $75
Response to Communications
Staff received a number of letters with questions pertaining to the RFP process as well as the recommended allocation of taxicabs. These letters and all communications received are attached.
Alternatives
Council has several alternatives available for the award of taxicab franchises:
1) Adopt staff’s recommendation as presented in this report. No additional action would be required by Council beyond adoption of the attached 5 franchise ordinances on second reading at the next Council meeting. Upon each taxicab company’s consequent written acceptance of the awarded franchise, the five franchises could be operational beginning January 3, 2011.
2) Modify the distribution of the 250 taxicabs among the five recommended taxicab companies. If Council modifies the distribution, Council would need to modify the attached 5 franchise ordinances to reflect the desired distribution of the 250 taxicabs for each taxicab company. Staff would confirm with the affected taxicab companies their interest in securing a franchise under the revised number of taxicabs they would be authorized to operate in the City. No additional action would be required beyond adoption of the attached five franchise Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 11 of 14 7/7/2019, 11:38 AM
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Packet Pg. 154 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code ordinances on second reading at the next Council meeting. Upon each taxicab company’s consequent written acceptance of the awarded franchise, the five franchises could be operational beginning January 3, 2011. 3) Direct staff to return with a recommendation to award up to three additional franchises to additional taxicab companies who submitted proposals in response to the RFP, for a total of up to eight taxicab franchises, and redistribute the 250 taxicabs among the eight recommended taxicab companies. This option would require Council to adopt another resolution declaring its intent to grant franchises, naming up to eight proposed grantees, and notice a new public hearing to introduce for first reading and then adopt on second reading up to eight franchise ordinances awarding franchises to eight taxicab companies. 4) Increase or decrease the maximum number of taxicabs in the City, which number is currently 250 taxicabs, by amending the law. This option would require Council to notice and hold a public hearing to introduce for first reading and then adopt on second reading an ordinance modifying Ordinance No. 2292 (CCS), which created the taxicab franchise system, and Santa Monica Municipal Code Section 6.49.040(d), which states that the “maximum number of taxicabs permitted to operate under the terms of all franchises granted by the City shall not exceed two hundred and fifty taxicabs, which number may be adjusted by City Council from time to time.” Council then has two options:
(i) Modify the distribution of the new total number of taxicabs among the five recommended taxicab companies. This option would require Council to adopt another resolution declaring its intent to grant franchises to the five taxicab companies, and notice and hold a public hearing to introduce for first reading and then adopt on second reading the five attached franchise ordinances with the modified distribution of the new total number of taxicabs for each taxicab company. (ii) Direct staff to return with a recommendation to award up to three additional franchises to additional taxicab companies who submitted proposals in response to the RFP, for a total of up to eight taxicab franchises. This option would require Council to adopt another resolution declaring its intent to grant additional franchises and notice and hold a new public hearing to introduce for first reading and then adopt on second reading up to eight franchise ordinances awarding franchises to eight taxicab companies.
5) Increase or decrease the maximum number of taxicabs in the City in accordance with Santa Monica Municipal Code Section 6.49.040(f) or 6.49.040(e), respectively. This option would require Council to notice and hold a public hearing to make certain findings that more or less taxicabs are required in the City. Council then has the two options as set forth in number four above.
6) Decline staff’s recommendation; provide further direction to staff in relation to additional evaluation criteria and direct staff to complete a new RFP process for taxicab franchises, which would allow for submission of proposals by taxicab companies that did not submit a proposal in the first RFP process. 7) Decline staff’s recommendation and maintain the current open-entry taxicab system. This option would require Council to notice and hold a public hearing to introduce for first reading and adopt on second reading an ordinance repealing Ordinance No. 2292 (CCS), which created the taxicab franchise system.
Next Steps
If the attached ordinances are adopted on second reading, the recommended franchisees have 10 days following adoption to file with the City Clerk a written acceptance of the terms of the franchise. (See Article XVI, Section 1603, of the Charter.) If one or more companies decline to accept the franchise, staff will return to Council with a reallocation of remaining taxicabs to those awarded firms which have accepted the franchise to bring the number of authorized taxicabs to 250.
Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 12 of 14 7/7/2019, 11:38 AM
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Packet Pg. 155 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code On January 3, 2011, only franchised companies will be allowed to operate within Santa Monica.
Staff is currently developing the details of the six month implementation period and will engage the awarded firms, if any, in finalizing the transition plan. Staff will provide quarterly updates on the implementation of the taxicab franchise program during the first year. After one year, staff will return to Council with an assessment and review of the first year of the taxicab franchise system and will be prepared to propose changes to the regulations, administration or number of cabs, if warranted.
Financial Impacts & Budget Actions
Administration of the proposed franchise system will consist of annual review of the franchiseholder’s performance, on-going processing of vehicle and driver permits, and supervision of the vehicle inspection/certification process by a City-designated facility. The full cost of these functions will be supported by the franchise fees and vehicle and driver permit fees paid by the franchise holders.
Prepared by: Pamela McGarvey, Revenue Collection Administrator Approved: Forwarded to Council:
Carol Swindell
Director of Finance
Rod Gould
City Manager
Attachments:
A. Request for Proposals for Taxicab Franchises
B. Request for Proposals Questions and Answers
C. Sample Score Sheet
D. Composite Score
E. Previous Council Items
a. February 10, 2009 – Study Session on Regulation of Taxicab Operations b. March 3, 2009 – Proposed moratorium on new taxicab permits (not approved) c. June 30, 2009 – Ordinance to Establish Franchise System for Regulation of Taxicab Operations and Modifying Existing Provisions Applicable to Taxis and Vehicles for Hire
d. July 28, 2009 – Second Reading on Ordinance to Establish Franchise System for Regulation of Taxicab Operations and Modifying Existing Provisions Applicable to Taxis and Vehicles for Hire
e. November 10, 2009 - Taxicab Franchising RFP Evaluation Factors f. October 12, 2010 - Resolution of Intention to Grant Taxicab Franchises g. July 5, 2010 – Information Item - Additional Information on Taxi Franchise Selection Process
h. October 21, 2010 – Information Item - Additional Information on Taxi Franchises – Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 13 of 14 7/7/2019, 11:38 AM
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Packet Pg. 156 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Taxicab Rules
F. Letters Received
G. Ordinances Granting Taxicab Franchises
H. Resolution setting the annual taxicab franchise fees and rates I. Resolution setting the penalty structure and penalties for violation of the taxicab rules and regulations
Public Hearing & Award of Taxicab Franchises - City of Santa Monica https://www.smgov.net/departments/council/agendas/2010/20101109/s2... 14 of 14 7/7/2019, 11:38 AM
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Packet Pg. 157 Attachment: Attachment B. Nov 9, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code City Council Meeting: December 14, 2010
Agenda Item: 7-E
To: Mayor and City Council
From: Carol Swindell, Director of Finance
Subject: Ordinances Increasing the Maximum Number of Taxicabs Recommended Action
Staff recommends that City Council introduce for first reading ordinances amending the taxicab franchises with Bell Cab Company, Independent Taxi Owners Association, Metro Cab Company, Taxi Taxi, and Yellow Cab Company to increase the maximum number of taxicabs per company to up to sixty.
Executive Summary
At its November 23, 2010 meeting, Council adopted ordinances granting taxicab franchises to Bell Cab Company, Independent Taxi Owners Association, Metro Cab Company, Taxi Taxi, and Yellow Cab Company. During its November 9, 2010 meeting, Council also directed staff to return to Council with necessary actions to increase the maximum number of permitted taxicabs to 300. On November 23, Council introduced the necessary ordinance increasing the total number of taxicabs from 250 to 300. This report modifies each franchise ordinance to increase the maximum number of taxicabs to sixty for each company. The recommended ordinance change would increase projected revenue by approximately $25,000 annually.
Background
The 2008 Nelson\Nygaard Santa Monica Taxi Study concluded, among other findings, that Santa Monica has too many taxicabs. The study included an extensive discussion of methodologies to determine the right number of taxicabs for Santa Monica. The study looked at numerous factors, including an economic analysis, on-street data collection, and comparisons to comparable cities.
The study concluded that the optimal number of taxicabs in Santa Monica was between 200 and 300. At its July 28, 2009 meeting, Council approved an ordinance that set the maximum number of taxicabs at 250, the midpoint of the recommended range.
At its November 9, 2010 meeting, Council introduced for first reading ordinances granting taxicab franchises to Bell Cab Company, Independent Taxi Owners Association, Metro Cab Company, Taxi Taxi, and Yellow Cab Company. During discussions related to the proposed franchise system, Council expressed concern about the total number of taxicabs, including:
· The number of taxicabs permitted in Santa Monica that could also be permitted to serve Los Angeles and other surrounding cities.
· Ensuring that 250 taxicabs are available for passengers in Santa Monica at all times, given that some taxicabs would be transporting passengers to destinations outside the city, such as Los Angeles International Airport.
· That 250 taxicabs may not be sufficient, given the range in the Nelson\Nygaard City Council Meeting: Date https://www.smgov.net/departments/council/agendas/2010/20101214/s2... 1 of 2 7/7/2019, 11:39 AM
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Packet Pg. 158 Attachment: Attachment C. Dec 14, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code recommendation and the number of large events that take place in the city, such as GLOW, L. A. Marathon and American Film Market.
Council then directed staff to prepare necessary ordinances to increase the maximum number of permitted taxicabs to 300, which is the maximum number recommended in the Nelson\Nygaard study. On November 23, 2010, Council introduced for first reading an ordinance modifying Santa Monica Municipal Code Section 6.49.040 (d), increasing the total number of permitted taxicabs to 300. This ordinance’s second reading is on tonight’s agenda.
Discussion
As part of its action establishing taxicab franchises on November 9, 2010, Council directed staff to increase each franchise taxicab company’s allocation to sixty vehicles. The attached ordinances modify the franchise ordinances with Bell Cab Company, Independent Taxi Owners Association, Metro Cab Company, Taxi Taxi, and Yellow Cab Company to allow up to sixty taxicabs per company.
Financial Impacts & Budget Actions
The proposed ordinances would increase revenue by approximately $25,000 annually due to the additional number of taxicabs. Revenue generated from the taxicab franchises offsets the City’s cost to administer the franchises.
Prepared by: Donald P. Patterson, Business & Revenue Operations Manager Approved: Forwarded to Council:
Carol Swindell
Director of Finance
Rod Gould
City Manager
Attachments: Ordinances modifying Taxicab franchises
A. Taxicab franchise to Bell Cab Company, Inc.
B. Taxicab franchise to Independent Taxi Owners’ Association C. Taxicab franchise to Metro Cab Company, LLC
D. Taxicab franchise to TMAT Corp., Doing Business as Taxi! Taxi! E. Taxicab franchise to L.A. Taxi Cooperative, Inc., Doing Business as Yellow Cab Company
City Council Meeting: Date https://www.smgov.net/departments/council/agendas/2010/20101214/s2... 2 of 2 7/7/2019, 11:39 AM
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Packet Pg. 159 Attachment: Attachment C. Dec 14, 2010 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code City Council Report
1 City Council Meeting: September 27, 2011
Agenda Item: 7-B
To: Mayor and City Council
From: Carol Swindell, Director of Finance
Subject: Introduction and First Reading of Six Ordinances Modifying the Taxicab Franchise and Permit Annual Renewal Dates and Make Other Clarifications and Changes to Santa Monica Municipal Code Chapter 6.49.
Recommended Action
Staff recommends that City Council:
1. Introduce for first reading an ordinance amending Sections 6.49.040, 6.49.060,
6.49.070, and 6.49.080 of the Santa Monica Municipal Code, changing the franchise and permit annual expiration date from June 30th to December 31st, amending Section 6.49.060 adding a subdivision (d) to address non-franchise vehicle for hire operations that advertise or otherwise hold themselves out as providing taxicab services within the City, amending Section 6.49.080(d)(5) adding “authorized enforcement officer” to provide clarification that taxicab inspections may be performed by other officers in the City with enforcement authority and duties, and deleting certain references to administrative functions by the Police Department. (Attachment A1)
2. Introduce for first reading five ordinances amending Sections 7(a) and 8(b) in the ordinances granting a taxicab franchise to Bell Cab Company, Inc.; Independent Taxi Owners’ Association; Metro Cab Company, LLC; TMAT Corp., dba Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., dba Yellow Cab Company, respectively, changing the franchise and permit annual expiration date from June 30th to December 31st (Attachments A2, A3, A4, A5, A6).
Executive Summary
Due to a court ordered delay of the implementation of the franchise system, franchisees requested that fees be prorated to account for the shortened permit/franchise year. In response, staff recommended a prorated formula based on the initial six month permit period and permit expiration date established by the Santa Monica Municipal Code (SMMC) and the Terms & Conditions for each franchisee. The franchisees objected to the use of the proration formula using a six month period that was established by multiple ordinances, and requested that the permit fees paid be for a full 12 month period. In order to achieve a compromise, staff submitted a supplemental report as part of the June 28, 2011 City Council meeting, which was supported by all five franchisees,
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Packet Pg. 160 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 2 recommending that the permit year be changed from a fiscal year to a calendar year, with no prorated credit for the two month delay.
On June 28, 2011, Council accepted the recommendation outlined in the supplemental staff report and directed staff to retroactively establish a taxicab franchise/permit year from July 1st to June 30th, to January 1st to December 31st of each year, and changing the expiration date for taxicab vehicle and driver permits from June 30th of each year to December 31st of each year. This modification, which is supported by staff and the five franchises, requires ordinances to modify the permit/franchise year to January 1st to December 31st, and thereby delay the collection of renewal fees by six months.
The Ordinance amending Sections 6.49.040, 6.49.060, 6.49.070, and 6.49.080 of the Santa Monica Municipal Code include minor clarifications and changes to address gaps in the Code with respect to enforcement and to more accurately reflect the roles played in the administration of the program.
Background
On July 28, 2009, Council adopted an ordinance establishing the franchise based system for regulating taxicabs, which added Chapter 6.49 to the Santa Monica Municipal Code (SMMC). The amendments to the Code included establishing the taxicab vehicle and driver’s permit years. The code established June 30, 2011 as the expiration date for permits issued prior to this date and June 30th of each year thereafter as the expiration date for permits for each subsequent year.
On November 23, 2010, Council awarded the franchises by ordinance to five companies. The ordinances established the terms and conditions of the franchise for each company, which set the effective date for the franchise for January 1, 2011. The terms and conditions were subsequently agreed to by each company and require payment of the annual taxicab driver’s permit fee and the annual vehicle permit fee, and further require that the permits expire each June 30th thereafter. The June 30th expiration date is consistent with Sections 6.49.040 (i)(2) and 6.49.070(e) of the SMMC.
On June 28, 2011, Council provided direction to staff to implement the recommendations of the supplemental staff report which was provided as a third alternative to the original staff recommendation and two alternative recommendations proposed by the franchisees. The alternative recommended retroactively establishing a
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Packet Pg. 161 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 3 taxicab franchise/permit year of January 1st to December 31st, and changing the expiration date for vehicle and driver permits to December 31st of each year. This alternative, which is supported by staff and the five franchises, required Council to direct staff to prepare necessary ordinances to modify the permit/franchise year to January 1st to December 31st, and thereby delay the collection of renewal fees by six months.
Council provided such direction.
Discussion
Based on the recommendations of a 2008 study by Nelson\Nygaard Consulting Associates of taxicab operations in Santa Monica, on July 28, 2009, Council adopted an ordinance establishing a franchise-based system for the regulation of taxicabs, which required the program to be self-supporting through franchise, vehicle permit and driver permit fees. In compliance with the ordinance requirements, a Request for Proposals (RFP) for citywide taxicab franchises was issued on January 14, 2010. On November 23, 2010, the Council awarded franchises by ordinance to Bell Cab Company, Inc.; Independent Taxi Owners’ Association; Metro Cab Company, LLC; TMAT Corp., dba Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., dba Yellow Cab Company.
The program was scheduled for implementation in January 2011 giving each taxicab franchisee access to the Santa Monica taxicab market with an established number of vehicles and all five companies paid their 2011 franchise fee of $5,000. On December 23, 2010, following a lawsuit, a temporary restraining order was granted, blocking implementation of the franchise system. Although the motion for a preliminary injunction was denied at the January 19, 2011 hearing, the lawsuit caused implementation of the franchise to be delayed until March 1, 2011.
Due to the delay in the program launch, the City received requests from all five franchise companies to prorate the FY10-11 fees based on the shortened permit/franchise year including the annual franchise fee of $5,000. Franchisees argued that these fees were annual fees and the permit/franchise year for FY10-11 had been for four months instead of a full twelve. The program originally approved by Council
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Packet Pg. 162 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 4 included fees for a permit/franchise year of January 2011 to June 2011, with a permit expiration date of June 30, 2011.
The original staff report submitted for the June 28, 2011 City Council Meeting Agenda Item 11-A included a recommendation by staff to provide a pro-rated credit of two months, for all fees paid, due to the delay of the start of the franchise until March 1, 2011. The staff report also included two alternative proposals that were based on the requests of the five taxicab franchise companies.
The supplemental report for item 11-A provided a third alternative to the staff recommendation and the two alternatives proposed by the franchisees. The third alternative was a compromise with the franchises, by retroactively establishing a taxicab franchise/permit year of January 1st to December 31st, and changing the expiration date for vehicle and driver permits to December 31st.
Based on the third alternative that was presented to Council in the supplemental report, supported by staff and the five franchises, Council directed staff to return with ordinances amending the following:
• SMMC Section 6.49.040(i)(2), changing the taxicab vehicle permit annual expiration date from June 30th of each year to December 31st of each year, • SMMC Sections 6.49.070(e), changing the taxicab driver’s permit annual expiration date from June 30th of each year to December 31st of each year, and • Sections 7(a) and 8(b) of the ordinances granting a franchise to the five taxicab franchise companies, changing the expiration date of taxicab vehicle and driver permits from June 30th of each year to December 31st of each year.
Clarifications and Corrections
The Ordinance includes minor clarifications to more accurately reflect how the taxicab franchise program is administered and to strengthen enforcement measures, including the following:
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Packet Pg. 163 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 5 • Deletion of certain references to administrative functions by the Police Department, since the Finance Department is primarily responsible for overall administration of the taxicab franchise program.
• SMMC Section 6.49.060, addition of a subdivision (d), which states “No person shall advertise or otherwise hold itself out as providing taxicab services within the City, unless such person is operating pursuant to a taxicab franchise awarded by the City,” to address non-franchise vehicle for hire operations that advertise or otherwise hold themselves out as providing taxicab services within the City. • SMMC Section 6.49.080(d)(5), addition of “other authorized enforcement officer” to provide clarification that taxicab inspections may be performed by not only police officers, but also other officers in the City with enforcement authority and duties.
Financial Impacts & Budget Actions
There is no significant immediate budget/financial impact associated with this recommended action. The cost of reprinting permits is approximately $5,000, which is available in account 01224.544110.
Prepared by: Salvador M. Valles, Taxi Franchise Program Coordinator Approved: Forwarded to Council:
Carol Swindell
Director of Finance
Rod Gould
City Manager
Attachments:
A1. Ordinance for Permit Year Change in SMMC
A2. Ordinance for Permit Year Change for Bell Cab
A3. Ordinance for Permit Year Change for ITOA
A4. Ordinance for Permit Year Change for Metro Cab
A5. Ordinance for Permit Year Change for Taxi! Taxi!
A6. Ordinance for Permit Year Change for Yellow Cab
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Packet Pg. 164 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 1 City Council Meeting 09-27-2011 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 6.49 OF ARTICLE VI OF THE
SANTA MONICA MUNICIPAL CODE
REGARDING TAXICABS
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization, and hazards associated with the City’s previous open-entry regulated taxicab environment; and
WHEREAS, Sections 6.49.040 and 6.49.070 of the Santa Monica Municipal Code sets the annual taxicab vehicle permit and taxicab driver's permit expiration date at June 30th of each year; and
WHEREAS, the implementation date for the taxicab franchise program was scheduled for January 1, 2011, but was delayed until March 1, 2011, through no fault of the taxicab franchisees; and
WHEREAS, despite the implementation delay, all franchisees paid the full franchise and permit fees for the fiscal year, even though they were unable to operate pursuant to their franchises for part of the year; and
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Packet Pg. 165 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 2 WHEREAS, the City finds that for purposes of administrative efficiency and in fairness to the taxicab franchisees, since the taxicab franchisees did not cause the implementation delay and paid all franchise and permit fees for a full year, the City wishes to adjust the permit year from the fiscal year to the calendar year, and thereby extend the expiration date of vehicle and taxicab driver's permits from June 30th to December 31st; and
WHEREAS, the City strives to establish a clear, fair, effective, and administratively efficient system for regulating taxicabs;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.49.040 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows:
(a) The City may in its discretion award one or more, but no more than eight, nonexclusive franchises for the operation of taxicab services within the City. Upon issuance of one or more franchises, the City shall not accept new or renewal applications for an existing business license, decal or police permit to operate a taxicab service and it shall be unlawful for any person other than a taxicab franchisee and its employees or authorized agents to operate, engage in the business of operating, or cause to be operated any taxicab service within the City.
(b) Franchises shall be awarded through a competitive process initiated through a request for proposals issued by the City. A franchise applicant shall propose to operate no less than twenty-five vehicles in the franchise fleet. Franchise proposals will be evaluated based upon criteria including, but not limited to, the following: the emissions
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Packet Pg. 166 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 3 standards and fuel economy of taxicabs; the age and condition of taxicabs; provision of a centralized dispatch system; past experience, including demonstrated quality of service and safety; driver training and qualifications; financial stability; insurance; record of violations by the bidder or bidder’s drivers of Federal, State or local law, and rules and regulations relating to taxicab operations, particularly safety operations; extra services available to the public, including discounts for seniors and those with disabilities; and benefits available to drivers and employees. Additionally, there shall be a local preference.
Taxicab franchise proposals shall be examined and evaluated by a committee established by the City Manager, which shall make recommendations to the City Council. Upon the award of a franchise, the franchisee shall enter into a franchise agreement with the City.
The franchise agreement may impose obligations on the franchisee that are additional to but not inconsistent with those imposed pursuant to this Chapter. Each franchisee, including its members, drivers, and authorized agents, shall comply with the franchise agreement.
(c) The City may at any time initiate a competitive bidding process for the issuance of new franchises. Nothing shall prohibit a taxicab franchisee from competing for a new franchise; however, any taxicab franchisee whose franchise has been revoked shall thereafter be prohibited from competing for award of a franchise for a period of three years following the scheduled expiration of its franchise agreement. (d) The maximum number of taxicabs permitted to operate under the terms of all franchises granted by the City shall not exceed three hundred taxicabs, which number may be adjusted by City Council from time to time.
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Packet Pg. 167 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 4 (e) After notice and a hearing, the City Council may at any time reduce the total maximum number of taxicabs operating within the City, upon finding that the number of taxicabs is detrimental to the public health, safety, or welfare. If the City Council reduces the number of permitted taxicabs, the reduction shall be reasonably allocated amongst existing franchisees.
(f) The City Council may schedule a public hearing to determine, by resolution, whether the public convenience and necessity require the operation of additional taxicabs in the City. Any such resolution shall specify the number of additional taxicabs permitted.
Any determination that the public convenience and necessity require the operation of additional taxicabs in the City shall include, but are not limited to, findings that:
(1) The additional taxicabs will not substantially impair the ability of existing franchisees, under efficient management, to earn a fair and reasonable return on their capital investments in their franchises;
(2) Existing franchisees, under normal conditions, are not fulfilling the need for taxicab services in the City; and
(3) The additional taxicabs, together with the taxicabs then currently operating in the City, will not unduly congest, overburden, or interfere with any traffic circulation, public street access, public or private parking, or stands, or otherwise create any danger or hazard to the public health, safety, or welfare.
(g) No franchisee shall operate a taxicab within the City unless the Police Department City has issued and the franchisee possesses a current taxicab vehicle permit for that specific vehicle.
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Packet Pg. 168 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 5 (h) No taxicab franchisee shall permit any driver in its employ to operate, and no driver shall operate, a taxicab in the City into which passengers are accepted for transportation without having first obtained a valid driver’s permit from the Police Department City and paid to the City the required taxicab driver’s permit fee. (i) Fees.
(1) Annual Franchise Fee. Each taxicab franchisee shall pay to the City an annual fee, established by resolution of the City Council, for the privilege of operating a taxicab service in the City. Such payment shall be in addition to any other prescribed fees, including but not limited to, business license and permit fees. The franchise fee shall be due, without set off or deduction, upon execution of the franchise agreement and payable on each anniversary date thereafter, unless otherwise specified in the franchise agreement. Failure to pay the full franchise fee when due shall be cause for revocation of the franchise.
(2) Annual Taxicab Vehicle Permit Fee. Each taxicab franchisee shall be required annually to obtain a taxicab vehicle permit and to pay to the City an annual taxicab vehicle permit fee, established by resolution of the City Council, for each taxicab operating under its franchise. Any taxicab vehicle permit issued pursuant to a franchise prior to June 30 December 31, 2011, shall expire on June 30 December 31, 2011, unless revoked or suspended prior to that date pursuant to this Chapter. Taxicab vehicle permits issued after June 30 December 31, 2011, shall expire at midnight on the June 30th December 31st next succeeding its issuance, unless revoked or suspended prior to that date pursuant to this Chapter.
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Packet Pg. 169 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 6 SECTION 2. Section 6.49.050 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows:
(a) Suspension. The City may, after due notice and an opportunity to be heard, suspend a taxicab franchisee’s operations for one or more days if, in the judgment of the Chief of Police City, a lapse in required insurance or any other violation of the terms and conditions of the franchise agreement or the provisions of this Chapter; or a violation of any rules, and regulations, orders, or directives established by the Police Department, orders or directives established by the City, or the California Vehicle Code, creates an immediate safety hazard. Cause for suspension also exists where the holder of a majority interest in the taxicab franchise or the taxicab franchisee illegally conducts any type of vehicle for hire or public transportation operation licensed by the City or any other governmental agency. (b) Revocation. The City may, after due notice and an opportunity to be heard, revoke a franchise and terminate the franchise agreement in the event that the franchisee:
violates any terms and conditions of the franchise agreement; fails to cure any default within the time required as provided in the franchise agreement; violates any provision of this Chapter or other applicable law or violates any rules, regulations, orders or filings of any regulatory body having jurisdiction over the franchisee relative to its operations under the franchise agreement; or practices, or attempts to practice, any fraud or deceit upon the City.
The franchisee may respond in writing to a notice of intent to terminate from the City Manager. The matter will then be referred to a Hearing Examiner for consideration pursuant to this Section. The matter will be set for a hearing and the City shall give the franchisee at least thirty days’ written notice of the time and place of the hearing. At the
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Packet Pg. 170 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 7 hearing, the Hearing Examiner shall consider all relevant evidence and testimony and if the Hearing Examiner determines that the franchisee is in breach of the agreement as above described, the Hearing Examiner may, in his or her discretion, order the franchisee to take remedial actions to cure the breach or impose any other remedy in accordance with the franchise agreement, including but not limited to suspension for a designated period of time; temporary or permanent reduction of taxicab vehicle permits; or revocation of the franchise and termination of the franchise agreement. The decision or order of the Hearing Examiner shall be final and binding and subject only to judicial review. (c) Effect of Suspension or Revocation. Upon suspension or revocation of a franchise, all the franchisee’s taxicab operations in the City shall cease until such time as the suspension or revocation is lifted.
(1) No fee refunds shall be issued to any franchisee upon revocation of a franchise.
(2) Upon revocation of any taxicab franchise, no franchise to operate the same business activity shall be granted to the franchisee within the remainder of the term or extension term of the franchise agreement and for a period of three years thereafter. (3) In the event of revocation of a franchise, the franchisee’s taxicab vehicle permits may in the City’s discretion be reallocated to other franchisees on a pro rata basis or assigned to a new taxicab franchisee following a competitive bidding process for the award of new franchises.
SECTION 3. Section 6.49.060 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows:
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Packet Pg. 171 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 8 (a) No person shall knowingly dispatch a vehicle or respond to a request for a “taxi,” “cab” or “taxicab” for pick-up within the City, or pick-up passengers within the City for taxicab services, unless the responding vehicle has a valid taxicab vehicle permit, the driver of such vehicle has a valid taxicab driver’s permit, and the taxicab is operated pursuant to a franchise awarded by the City.
(b) No person who drives or operates a taxicab in the City shall publish, advertise or broadcast in any manner, written or oral, a telephone number either by itself or connected to a rotary or call forwarding system for taxicab service, which is the same telephone number as that for other taxicabs or vehicles for hire. (c) No person who drives or operates a taxicab in the City shall use a name that imitates a name used by another person who drives or operates a taxicab in such a manner as to be misleading or tend to confuse or defraud the public. (d) No person shall advertise or otherwise hold itself out as providing taxicab services within the City, unless such person is operating pursuant to a taxicab franchise awarded by the City.
SECTION 4. Section 6.49.070 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows:
(a) Application. In order to obtain a taxicab driver’s permit, each person shall file with the Police Department City, upon forms supplied by the City, a completed verified application including the following information and documentation:
(1) Name, address, and age of applicant;
(2) Convictions, if any, in any court of law;
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Packet Pg. 172 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 9 (3) Name, address, and certification of the taxicab franchisee by whom the applicant is to be employed as a taxicab driver in the City; (4) Proof of a valid California Driver’s License;
(5) A signed agreement to submit to a background investigation and fingerprinting via live-scan capture by the Police Department; (6) Original test results from a certified laboratory or testing agency, submitted simultaneously with the applicant’s verified application, proving that the applicant has tested negative for drugs and alcohol as provided by Section 53075.5(b)(3) of the California Government Code; and
(7) Such further information as the City may require.
(b) Taxicab Driver’s Permit Applicant Investigation. The Police Department shall investigate each applicant for a taxicab driver’s permit and shall approve the application or state its reason for disapproval. The Police Department may disapprove any applicant who has a record of criminal conduct or other behavior involving any of the following:
(1) Moral turpitude;
(2) Violence toward persons or property;
(3) Physical or mental disease which could make the applicant a danger to the safety of others;
(4) Illegal sexual conduct involving another nonconsenting person; (5) Negligent or reckless driving;
(6) Operating a motor vehicle while under the influence of alcohol or drugs;
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Packet Pg. 173 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 10 (7) Three or more moving violations under the California Vehicle Code within the twelve month period preceding the date of the application; (8) Existing suspension or revocation of a taxicab driver’s permit in any other jurisdiction as of the date of the application;
(9) Conviction of operating a taxicab without a valid taxicab driver’s permit or taxicab vehicle license within the three year period preceding the date of the application; or (10) Acts showing the applicant to be otherwise incompetent or not fit to drive a taxicab.
(c) Examination. Every applicant for a taxicab driver’s permit shall take an examination, prepared and administered by the Police Department City, which tests the applicant’s qualifications to operate a taxicab. The examination shall test the applicant’s:
ability to communicate in English; knowledge of and ability to locate, with the aid of a street atlas, street addresses and intersections in Santa Monica and surrounding cities in the County of Los Angeles; and knowledge of the laws of the road. Failure to obtain a passing score on the examination shall be cause for disapproval of an application. (d) Taxicab Driver’s Permit Issuance. Based on the application, investigation and examination, the Police Department shall approve or deny the taxicab driver’s permit.
No permit shall be issued if the applicant is under the age of eighteen years, if any false statement appears in the application, or if the application is otherwise incomplete. Upon approval of an application and receipt by the City of the taxicab driver’s permit fee, the Police Department City shall issue a taxicab driver’s permit to the applicant. The taxicab driver’s permit fee shall be established by resolution of the City Council. The permit shall
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Packet Pg. 174 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 11 bear the name and photograph of the applicant, date of expiration of the permit, and name of the taxicab franchisee for which the driver is authorized to drive a taxicab. (e) Taxicab Driver’s Permit Expiration and Renewal. Any taxicab driver’s permit issued pursuant to a franchise prior to June 30 December 31, 2011, shall expire on June 30 December 31, 2011, unless revoked, suspended or terminated prior to that date.
Taxicab driver’s permits issued after June 30 December 31, 2011, shall expire at midnight on the June 30th December 31st next succeeding its issuance, unless revoked, suspended or terminated prior to that date. A taxicab driver’s permit which has not been revoked, suspended, or terminated may be renewed annually by paying the annual taxicab driver’s permit fee and by filing with the City a verification that the driver is in compliance with the provisions of this Section and test results from a certified laboratory or testing agency proving that the driver has tested negative for drugs and alcohol as provided by Section 53075.5(b)(3) of the California Government Code.
(f) Effect of Termination of Employment. The taxicab driver’s permit shall become void upon termination of employment, at which time the taxicab franchiseeemployer shall immediately give the City written notice of the termination and the terminated driver shall immediately return his or her taxicab driver’s permit to the City. (g) Prohibition on Transfers. Taxicab driver’s permits are personal in nature and shall not be transferred. Any purported transfer shall be null and void. (h) Grounds for Suspension and Revocation. Any taxicab driver’s permit and any taxicab vehicle permit may be suspended or revoked, after due notice and an opportunity to be heard, for any of the following reasons:
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Packet Pg. 175 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 12 (1) Arrest or citation for the commission of any crime while driving a taxicab or any crime involving moral turpitude;
(2) Violation of any applicable rule or regulation, or Federal, State or local law relating to the operation of taxicabs by a driver, or by an employer in the case of a taxicab vehicle permit;
(3) Use of the taxicab driver’s permit for a purpose different from that for which it was issued;
(4) Suspension or revocation of the driver or franchisee’s taxicab driver’s permit or taxicab vehicle permit in another jurisdiction; and
(5) The existence of any facts, including conviction of a crime that is substantially related to the qualifications, functions or duties of a taxicab driver, which would have been good cause to deny such taxicab driver’s permit application, regardless of when such facts arose.
SECTION 5. Section 6.49.080 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows:
(a) No person shall operate any taxicab without a distinctive and uniform color scheme or identification which designates the taxicab franchisee under which said vehicle is operated, and which has been approved by the Police Department City. (b) No color scheme, insignia, name, monogram, logo, or identification shall conflict with or imitate any color scheme, insignia, name, monogram, logo, or identification used by another taxicab franchisee in such a manner as to be misleading or to tend to confuse or defraud the public.
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Packet Pg. 176 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 13 (c) Each taxicab operated pursuant to a franchise shall be identified as a City of Santa Monica authorized taxicab by a taxicab identification decal issued by the Police Department City. No person shall identify any vehicle by means of such taxicab identification decal, or any facsimile thereof, unless authorized to do so by the Police Department City.
(d) Every taxicab franchisee and taxicab driver shall comply with the following operating requirements at all times:
(1) Maintain and keep an accurate and legible record of all passengers carried, including the pickup and drop off points, the date and time carried, the starting and ending mileage of the taxicab for each trip, the charges authorized and made for each trip, and any other information as may be required by the Police Department City. Such record shall be retained for at least three years at the business office of the taxicab franchisee and shall be available for inspection by the Police Department City at all reasonable times. Failure to comply with any reasonable request by the Police Department City for inspection of such record shall be cause for revocation of the franchise;
(2) Display inside the taxicab and in full view of passengers, a valid taxicab driver’s permit bearing the name and photograph of the taxicab driver and identifying the name of the taxicab franchisee under which such taxicab is operated; (3) Maintain in each taxicab a working two-way communication system with a dispatcher;
(4) Obtain an annual vehicle inspection of each taxicab by a certified mechanic or automotive repair dealer authorized by the City. Inspection records must be maintained
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Packet Pg. 177 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 14 in the business office of the franchisee and shall be available for inspection by the Police Department City at all reasonable times; and
(5) Permit any Police Officer of the City or other authorized enforcement officer enforcing this Chapter to inspect any taxicab upon request. (e) No person shall drive or operate a taxicab in the City into which passengers are accepted unless the person is an owner or member of, employed by, or is an authorized agent of a taxicab franchisee.
(f) Taxicabs may be driven pursuant to a contract, agreement, or understanding between the franchisee and the driver. Such contract, agreement, or understanding shall not relieve the franchisee from full and complete compliance with the applicable provisions of the Code, rules and regulations adopted pursuant to this Chapter, and the franchise agreement.
SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not
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Packet Pg. 178 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 15 declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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Packet Pg. 179 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 1 City Council Meeting 09-27-2011 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2329 (CCS) GRANTING A
TAXICAB FRANCHISE TO BELL CAB COMPANY, INC.
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs in the City, in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization and hazards associated with the City’s previous open-entry regulated taxicab environment; and WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS), declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi Owners’ Association (ITOA); Metro Cab Company, LLC; TMAT Corp., doing business as Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with City Charter Section 1601, at which all interested persons were given an opportunity to be heard on all matters relative to the proposed granting of taxicab franchises; and WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2329 (CCS) granting a taxicab franchise to Bell Cab Company, Inc. (“Bell Cab”); and
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Packet Pg. 180 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 2 WHEREAS, the implementation date for the taxicab franchise program was scheduled for January 1, 2011, but was delayed until March 1, 2011, through no fault of the taxicab franchisees; and
WHEREAS, despite the implementation delay, all franchisees paid the full franchise and permit fees for the fiscal year, even though they were unable to operate pursuant to their franchises for part of the year; and
WHEREAS, the City finds that for purposes of administrative efficiency and in fairness to the taxicab franchisees, since the taxicab franchisees did not cause the implementation delay and paid all franchise and permit fees for a full year, the City wishes to adjust the permit year from the fiscal year to the calendar year, and thereby extend the expiration date of vehicle and taxicab driver's permits from June 30th to December 31st;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7 of Ordinance No. 2329 (CCS) entitled “OPERATIONS AND SERVICE - TAXICABS”, is hereby amended as follows:
(a) Taxicab Vehicle Permits. Grantee is responsible for paying the annual taxicab vehicle permit fee for all taxicabs in its fleet, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab vehicle permits expire each June 30th December 31st thereafter, and Grantee is responsible for paying the annual taxicab vehicle permit fees and obtaining annual taxicab vehicle permits for all taxicabs in its fleet in accordance with Santa Monica Municipal Code Section
6.49.040(i)(2).
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Packet Pg. 181 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 3 (b) Taxicab Operations. All taxicabs used by Grantee within the City must be operated in accordance with, and Grantee shall not permit any taxicab to be driven which is in violation of, this Franchise, the Santa Monica Municipal Code, and Taxicab Rules. (c) Registration and Acquisition of Vehicles. All taxicabs operated under this Franchise must be registered to either Grantee or a Member of Grantee. Taxicabs must either be owned by Grantee, a Member, a commercial lending agency, or leased from a licensed leasing agency whose primary business is the sale or leasing of vehicles. Any taxicab utilized by Grantee which is owned by it or one of its Members shall have been acquired by way of bona fide purchase, lease, or other transaction approved by the City.
Grantee or Member shall submit to City, upon request, the method utilized for vehicle acquisition. Members may sell or transfer a share or taxicab under these same provisions. (d) General Vehicle Maintenance and Repairs. Grantee shall, at its sole expense, monitor and be responsible for all maintenance, repair, and replacement of Grantee’s and any driver/manager Member’s managed taxicabs. Preventive maintenance must be performed at least in accordance with manufacture recommendations for each taxicab. A copy of maintenance inspection reports, including any repair documentation, shall be filed with City.
(e) Age of Vehicles. No taxicab fleet vehicle authorized by this Franchise shall be in excess of the years of age set forth in the Taxicab Rules unless otherwise authorized in writing by City in its sole and absolute discretion.
(f) Off-Street Parking Facilities. Grantee shall provide garaging or other off-street parking facilities within one-half mile of its main operating location(s), or as specified by the City, where Grantee’s taxicabs are to be parked when not in service or when not being
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Packet Pg. 182 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 4 repaired or when not in the possession of a taxicab driver. Grantee shall have sufficient vehicle parking capacity within the main operating location(s) or the garaging or off-street parking facilities to meet the requirements for Grantee’s operations, including but not limited to vehicle inspection and maintenance, administrative functions, and training.
SECTION 2. Section 8 of Ordinance No. 2329 (CCS) entitled “OPERATIONS AND SERVICE - DRIVERS”, is hereby amended as follows:
(a) Authorized Drivers. Grantee shall not issue or dispatch any taxicab operated on behalf of this Franchise to any driver who is in violation of any terms of this Franchise, the Santa Monica Municipal Code, Taxicab Rules, or any other applicable law, rule or regulation.
(b) Taxicab Driver’s Permits. Grantee is responsible for paying the annual taxicab driver’s permit fee for all its taxicab drivers, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab driver’s permits expire each June 30th December 31st thereafter and Grantee is responsible for paying the annual taxicab driver’s permit fees and obtaining annual taxicab driver’s permits for all its taxicab drivers in accordance with Santa Monica Municipal Code Section 6.49.070(e). (c) Work Shifts. Drivers must check in with Grantee at the beginning and end of each shift, and such activity shall be recorded by Grantee. Grantee must maintain daily logs to indicate the vehicle and driver assignments for each shift at all times. Grantee or a driver/manager Member shall make all such assignments. Grantee shall issue and collect waybills in the manner and within the time limits established by the Taxicab Rules.
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Packet Pg. 183 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 5 Grantee shall review waybills upon collection to ascertain that the required information is fully and accurately provided.
(d) Independent Contractor Drivers. Grantee and its driver/manager Members are authorized to provide taxicab services through a contracting or leasing type of operation with an independent contractor driver. No independent contractor driver may subcontract or sublease the vehicle, or the right to operate the vehicle, to another person.
All contracting or leasing arrangements shall be evidenced in writing and subject to City approval. Such lease contract shall provide for the collection and documentation of lease fees by Grantee and driver/manager Members. The lease contract shall not be instituted or changed without City approval. The independent contractor driver shall not use a taxicab as the driver’s personal vehicle within the City except when driving to or from the beginning or ending of a work shift. Grantee shall maintain current files of all lease contracts in a central location, filed by driver, to verify compliance with these requirements. (e) Training Program. Grantee shall provide a comprehensive screening, testing and training program for all its drivers, including independent contractor drivers. The training program, including curriculum and delivery, must be approved by City and must include City and state rules and regulations; geography, including map reading, major points of interest in the City, and familiarity with the City and surrounding areas; driver safety and defensive driving; vehicle safety and maintenance/inspection checks; customer service and relations; sensitivity guidelines for disabled, frail and elderly passengers; behind the wheel driver training; and accessible vehicle operation training and CPR certification or equivalent for accessible vehicle drivers. City may authorize or require additional training program components, a change in delivery of program components, or a
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Packet Pg. 184 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 6 training facilitator or program outside of Grantee’s program at Grantee’s or driver’s cost if City deems such change will best serve the public interest. (f) Drug and Alcohol Testing. Grantee is responsible for scheduling preemployment and pre-permitting driver drug and alcohol testing and for enrolling all current drivers in a mandatory controlled substance and alcohol testing certification program as mandated by California Government Code Section 53075.5, and which follows program components and testing requirements of the Federal Code of Regulations, Title 49, Part 40 and Part 382, as amended. Testing shall be conducted as a condition for initial driver permit authorization. Annual testing shall be conducted as a condition for permit renewal.
Random testing may be conducted and additional tests may be required, including post accident testing, rehabilitation and return-to-service testing, and reasonable suspicion testing. Drivers must show a valid California driver’s license at the time and place of testing.
Grantee shall contract with a consultant (program administrator) and authorized lab approved under the Federal Register to facilitate the program and shall provide a copy of the contracts to City. Test results shall be provided to Grantee as the employing entity.
Information shall be supplied to City pertaining to any positive test results and shall include driver name, identifying information, and driver permit status, including any entry into a rehabilitation program. Specific driver test results shall remain confidential, on file by driver with Grantee, but testing information, including date of annual test and random test, and positive or negative results, shall be available for City’s review. Cost of testing shall be the driver’s responsibility, if the driver is an independent contractor of Grantee, or Grantee’s responsibility, if the driver is an employee.
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Packet Pg. 185 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 7 In accordance with the Federal Code of Regulations, Grantee’s certification program must include information regarding the controlled substance and alcohol use policy and procedures as well as educational materials made available to all drivers and other pertinent staff. Grantee or its authorized agency must advise drivers of the resources available to them to resolve problems associated with misuse of alcohol and controlled substances. Materials for education and company policies must be made available to all current and potential drivers and a signed statement of their receipt shall be in every permitted driver’s file and retained by Grantee.
Grantee shall train supervisory personnel in accordance with federal guidelines in order to determine whether reasonable suspicion exists to require a driver to undergo additional testing. Grantee shall use custody and control forms similar to that used under the federal testing guidelines. Any changes in the federal program guidelines or other state mandates will be considered by City for modification to Grantee’s program. (g) Social Benefits Programs. Grantee shall comply with all applicable local, state and federal rules, regulations and statutes concerning mandated social benefits programs for employees. It shall be the sole responsibility of Grantee to determine whether legislation concerning these social benefits applies to Grantee's operations.
SECTION 3. Except as expressly modified by this Ordinance, all other terms and conditions of the taxicab franchise granted to Bell Cab pursuant to Ordinance No. 2329 (CCS) shall be and remain in full force and effect.
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Packet Pg. 186 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 8 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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Packet Pg. 187 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 1 City Council Meeting 09-27-2011 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2330 (CCS) GRANTING A TAXICAB FRANCHISE
TO INDEPENDENT TAXI OWNERS’ ASSOCIATION
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs in the City, in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization, and hazards associated with the City’s previous open-entry regulated taxicab environment; and WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS), declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi Owners’ Association (ITOA); Metro Cab Company, LLC; TMAT Corp., doing business as Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with City Charter Section 1601, at which all interested persons were given an opportunity to be heard on all matters relative to the proposed granting of taxicab franchises; and WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2330 (CCS) granting a taxicab franchise to Independent Taxi Owners’ Association; and
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Packet Pg. 188 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 2 WHEREAS, the implementation date for the taxicab franchise program was scheduled for January 1, 2011, but was delayed until March 1, 2011, through no fault of the taxicab franchisees; and
WHEREAS, despite the implementation delay, all franchisees paid the full franchise and permit fees for the fiscal year, even though they were unable to operate pursuant to their franchises for part of the year; and
WHEREAS, the City finds that for purposes of administrative efficiency and in fairness to the taxicab franchisees, since the taxicab franchisees did not cause the implementation delay and paid all franchise and permit fees for a full year, the City wishes to adjust the permit year from the fiscal year to the calendar year, and thereby extend the expiration date of vehicle and taxicab driver's permits from June 30th to December 31st;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7 of Ordinance No. 2330 (CCS) entitled “OPERATIONS AND SERVICE - TAXICABS”, is hereby amended as follows:
(a) Taxicab Vehicle Permits. Grantee is responsible for paying the annual taxicab vehicle permit fee for all taxicabs in its fleet, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab vehicle permits expire each June 30th December 31st thereafter, and Grantee is responsible for paying the annual taxicab vehicle permit fees and obtaining annual taxicab vehicle permits for all taxicabs in its fleet in accordance with Santa Monica Municipal Code Section
6.49.040(i)(2).
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Packet Pg. 189 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 3 (b) Taxicab Operations. All taxicabs used by Grantee within the City must be operated in accordance with, and Grantee shall not permit any taxicab to be driven which is in violation of, this Franchise, the Santa Monica Municipal Code, and Taxicab Rules. (c) Registration and Acquisition of Vehicles. All taxicabs operated under this Franchise must be registered to either Grantee or a Member of Grantee. Taxicabs must either be owned by Grantee, a Member, a commercial lending agency, or leased from a licensed leasing agency whose primary business is the sale or leasing of vehicles. Any taxicab utilized by Grantee which is owned by it or one of its Members shall have been acquired by way of bona fide purchase, lease, or other transaction approved by the City.
Grantee or Member shall submit to City, upon request, the method utilized for vehicle acquisition. Members may sell or transfer a share or taxicab under these same provisions. (d) General Vehicle Maintenance and Repairs. Grantee shall, at its sole expense, monitor and be responsible for all maintenance, repair, and replacement of Grantee’s and any driver/manager Member’s managed taxicabs. Preventive maintenance must be performed at least in accordance with manufacture recommendations for each taxicab. A copy of maintenance inspection reports, including any repair documentation, shall be filed with City.
(e) Age of Vehicles. No taxicab fleet vehicle authorized by this Franchise shall be in excess of the years of age set forth in the Taxicab Rules unless otherwise authorized in writing by City in its sole and absolute discretion.
(f) Off-Street Parking Facilities. Grantee shall provide garaging or other off-street parking facilities within one-half mile of its main operating location(s), or as specified by the City, where Grantee’s taxicabs are to be parked when not in service or when not being
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Packet Pg. 190 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 4 repaired or when not in the possession of a taxicab driver. Grantee shall have sufficient vehicle parking capacity within the main operating location(s) or the garaging or off-street parking facilities to meet the requirements for Grantee’s operations, including but not limited to vehicle inspection and maintenance, administrative functions, and training.
SECTION 2. Section 8 of Ordinance No. 2330 (CCS) entitled “OPERATIONS AND SERVICE - DRIVERS”, is hereby amended as follows:
(a) Authorized Drivers. Grantee shall not issue or dispatch any taxicab operated on behalf of this Franchise to any driver who is in violation of any terms of this Franchise, the Santa Monica Municipal Code, Taxicab Rules, or any other applicable law, rule or regulation.
(b) Taxicab Driver’s Permits. Grantee is responsible for paying the annual taxicab driver’s permit fee for all its taxicab drivers, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab driver’s permits expire each June 30th December 31st thereafter and Grantee is responsible for paying the annual taxicab driver’s permit fees and obtaining annual taxicab driver’s permits for all its taxicab drivers in accordance with Santa Monica Municipal Code Section 6.49.070(e). (c) Work Shifts. Drivers must check in with Grantee at the beginning and end of each shift, and such activity shall be recorded by Grantee. Grantee must maintain daily logs to indicate the vehicle and driver assignments for each shift at all times. Grantee or a driver/manager Member shall make all such assignments. Grantee shall issue and collect waybills in the manner and within the time limits established by the Taxicab Rules.
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Packet Pg. 191 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 5 Grantee shall review waybills upon collection to ascertain that the required information is fully and accurately provided.
(d) Independent Contractor Drivers. Grantee and its driver/manager Members are authorized to provide taxicab services through a contracting or leasing type of operation with an independent contractor driver. No independent contractor driver may subcontract or sublease the vehicle, or the right to operate the vehicle, to another person.
All contracting or leasing arrangements shall be evidenced in writing and subject to City approval. Such lease contract shall provide for the collection and documentation of lease fees by Grantee and driver/manager Members. The lease contract shall not be instituted or changed without City approval. The independent contractor driver shall not use a taxicab as the driver’s personal vehicle within the City except when driving to or from the beginning or ending of a work shift. Grantee shall maintain current files of all lease contracts in a central location, filed by driver, to verify compliance with these requirements. (e) Training Program. Grantee shall provide a comprehensive screening, testing and training program for all its drivers, including independent contractor drivers. The training program, including curriculum and delivery, must be approved by City and must include City and state rules and regulations; geography, including map reading, major points of interest in the City, and familiarity with the City and surrounding areas; driver safety and defensive driving; vehicle safety and maintenance/inspection checks; customer service and relations; sensitivity guidelines for disabled, frail and elderly passengers; behind the wheel driver training; and accessible vehicle operation training and CPR certification or equivalent for accessible vehicle drivers. City may authorize or require additional training program components, a change in delivery of program components, or a
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Packet Pg. 192 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 6 training facilitator or program outside of Grantee’s program at Grantee’s or driver’s cost if City deems such change will best serve the public interest. (f) Drug and Alcohol Testing. Grantee is responsible for scheduling preemployment and pre-permitting driver drug and alcohol testing and for enrolling all current drivers in a mandatory controlled substance and alcohol testing certification program as mandated by California Government Code Section 53075.5, and which follows program components and testing requirements of the Federal Code of Regulations, Title 49, Part 40 and Part 382, as amended. Testing shall be conducted as a condition for initial driver permit authorization. Annual testing shall be conducted as a condition for permit renewal.
Random testing may be conducted and additional tests may be required, including post accident testing, rehabilitation and return-to-service testing, and reasonable suspicion testing. Drivers must show a valid California driver’s license at the time and place of testing.
Grantee shall contract with a consultant (program administrator) and authorized lab approved under the Federal Register to facilitate the program and shall provide a copy of the contracts to City. Test results shall be provided to Grantee as the employing entity.
Information shall be supplied to City pertaining to any positive test results and shall include driver name, identifying information, and driver permit status, including any entry into a rehabilitation program. Specific driver test results shall remain confidential, on file by driver with Grantee, but testing information, including date of annual test and random test, and positive or negative results, shall be available for City’s review. Cost of testing shall be the driver’s responsibility, if the driver is an independent contractor of Grantee, or Grantee’s responsibility, if the driver is an employee.
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Packet Pg. 193 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 7 In accordance with the Federal Code of Regulations, Grantee’s certification program must include information regarding the controlled substance and alcohol use policy and procedures as well as educational materials made available to all drivers and other pertinent staff. Grantee or its authorized agency must advise drivers of the resources available to them to resolve problems associated with misuse of alcohol and controlled substances. Materials for education and company policies must be made available to all current and potential drivers and a signed statement of their receipt shall be in every permitted driver’s file and retained by Grantee.
Grantee shall train supervisory personnel in accordance with federal guidelines in order to determine whether reasonable suspicion exists to require a driver to undergo additional testing. Grantee shall use custody and control forms similar to that used under the federal testing guidelines. Any changes in the federal program guidelines or other state mandates will be considered by City for modification to Grantee’s program. (g) Social Benefits Programs. Grantee shall comply with all applicable local, state and federal rules, regulations and statutes concerning mandated social benefits programs for employees. It shall be the sole responsibility of Grantee to determine whether legislation concerning these social benefits applies to Grantee's operations.
SECTION 3. Except as expressly modified by this Ordinance, all other terms and conditions of the taxicab franchise granted to Independent Taxi Owners’ Association pursuant to Ordinance No. 2330 (CCS) shall be and remain in full force and effect.
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Packet Pg. 194 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 8 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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Packet Pg. 195 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 1 City Council Meeting 09-27-2011 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2331 (CCS) GRANTING A
TAXICAB FRANCHISE TO METRO CAB COMPANY, LLC
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs in the City, in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization and hazards associated with the City’s previous open-entry regulated taxicab environment; and WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS), declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi Owners’ Association (ITOA); Metro Cab Company, LLC; TMAT Corp., doing business as Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with City Charter Section 1601, at which all interested persons were given an opportunity to be heard on all matters relative to the proposed granting of taxicab franchises; and WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2331 (CCS) granting a taxicab franchise to Metro Cab Company, LLC (“Metro Cab”); and
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Packet Pg. 196 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 2 WHEREAS, the implementation date for the taxicab franchise program was scheduled for January 1, 2011, but was delayed until March 1, 2011, through no fault of the taxicab franchisees; and
WHEREAS, despite the implementation delay, all franchisees paid the full franchise and permit fees for the fiscal year, even though they were unable to operate pursuant to their franchises for part of the year; and
WHEREAS, the City finds that for purposes of administrative efficiency and in fairness to the taxicab franchisees, since the taxicab franchisees did not cause the implementation delay and paid all franchise and permit fees for a full year, the City wishes to adjust the permit year from the fiscal year to the calendar year, and thereby extend the expiration date of vehicle and taxicab driver's permits from June 30th to December 31st;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7 of Ordinance No. 2331 (CCS) entitled “OPERATIONS AND SERVICE - TAXICABS”, is hereby amended as follows:
(a) Taxicab Vehicle Permits. Grantee is responsible for paying the annual taxicab vehicle permit fee for all taxicabs in its fleet, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab vehicle permits expire each June 30th December 31st thereafter, and Grantee is responsible for paying the annual taxicab vehicle permit fees and obtaining annual taxicab vehicle permits for all
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Packet Pg. 197 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 3 taxicabs in its fleet in accordance with Santa Monica Municipal Code Section
6.49.040(i)(2).
(b) Taxicab Operations. All taxicabs used by Grantee within the City must be operated in accordance with, and Grantee shall not permit any taxicab to be driven which is in violation of, this Franchise, the Santa Monica Municipal Code, and Taxicab Rules. (c) Registration and Acquisition of Vehicles. All taxicabs operated under this Franchise must be registered to either Grantee or a Member of Grantee. Taxicabs must either be owned by Grantee, a Member, a commercial lending agency, or leased from a licensed leasing agency whose primary business is the sale or leasing of vehicles. Any taxicab utilized by Grantee which is owned by it or one of its Members shall have been acquired by way of bona fide purchase, lease, or other transaction approved by the City.
Grantee or Member shall submit to City, upon request, the method utilized for vehicle acquisition. Members may sell or transfer a share or taxicab under these same provisions. (d) General Vehicle Maintenance and Repairs. Grantee shall, at its sole expense, monitor and be responsible for all maintenance, repair, and replacement of Grantee’s and any driver/manager Member’s managed taxicabs. Preventive maintenance must be performed at least in accordance with manufacture recommendations for each taxicab. A copy of maintenance inspection reports, including any repair documentation, shall be filed with City.
(e) Age of Vehicles. No taxicab fleet vehicle authorized by this Franchise shall be in excess of the years of age set forth in the Taxicab Rules unless otherwise authorized in writing by City in its sole and absolute discretion.
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Packet Pg. 198 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 4 (f) Off-Street Parking Facilities. Grantee shall provide garaging or other off-street parking facilities within one-half mile of its main operating location(s), or as specified by the City, where Grantee’s taxicabs are to be parked when not in service or when not being repaired or when not in the possession of a taxicab driver. Grantee shall have sufficient vehicle parking capacity within the main operating location(s) or the garaging or off-street parking facilities to meet the requirements for Grantee’s operations, including but not limited to vehicle inspection and maintenance, administrative functions, and training.
SECTION 2. Section 8 of Ordinance No. 2331 (CCS) entitled “OPERATIONS AND SERVICE - DRIVERS”, is hereby amended as follows:
(a) Authorized Drivers. Grantee shall not issue or dispatch any taxicab operated on behalf of this Franchise to any driver who is in violation of any terms of this Franchise, the Santa Monica Municipal Code, Taxicab Rules, or any other applicable law, rule or regulation.
(b) Taxicab Driver’s Permits. Grantee is responsible for paying the annual taxicab driver’s permit fee for all its taxicab drivers, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab driver’s permits expire each June 30th December 31st thereafter and Grantee is responsible for paying the annual taxicab driver’s permit fees and obtaining annual taxicab driver’s permits for all its taxicab drivers in accordance with Santa Monica Municipal Code Section 6.49.070(e). (c) Work Shifts. Drivers must check in with Grantee at the beginning and end of each shift, and such activity shall be recorded by Grantee. Grantee must maintain daily logs to indicate the vehicle and driver assignments for each shift at all times. Grantee or a
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Packet Pg. 199 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 5 driver/manager Member shall make all such assignments. Grantee shall issue and collect waybills in the manner and within the time limits established by the Taxicab Rules.
Grantee shall review waybills upon collection to ascertain that the required information is fully and accurately provided.
(d) Independent Contractor Drivers. Grantee and its driver/manager Members are authorized to provide taxicab services through a contracting or leasing type of operation with an independent contractor driver. No independent contractor driver may subcontract or sublease the vehicle, or the right to operate the vehicle, to another person.
All contracting or leasing arrangements shall be evidenced in writing and subject to City approval. Such lease contract shall provide for the collection and documentation of lease fees by Grantee and driver/manager Members. The lease contract shall not be instituted or changed without City approval. The independent contractor driver shall not use a taxicab as the driver’s personal vehicle within the City except when driving to or from the beginning or ending of a work shift. Grantee shall maintain current files of all lease contracts in a central location, filed by driver, to verify compliance with these requirements. (e) Training Program. Grantee shall provide a comprehensive screening, testing and training program for all its drivers, including independent contractor drivers. The training program, including curriculum and delivery, must be approved by City and must include City and state rules and regulations; geography, including map reading, major points of interest in the City, and familiarity with the City and surrounding areas; driver safety and defensive driving; vehicle safety and maintenance/inspection checks; customer service and relations; sensitivity guidelines for disabled, frail and elderly passengers; behind the wheel driver training; and accessible vehicle operation training and CPR
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Packet Pg. 200 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 6 certification or equivalent for accessible vehicle drivers. City may authorize or require additional training program components, a change in delivery of program components, or a training facilitator or program outside of Grantee’s program at Grantee’s or driver’s cost if City deems such change will best serve the public interest. (f) Drug and Alcohol Testing. Grantee is responsible for scheduling preemployment and pre-permitting driver drug and alcohol testing and for enrolling all current drivers in a mandatory controlled substance and alcohol testing certification program as mandated by California Government Code Section 53075.5, and which follows program components and testing requirements of the Federal Code of Regulations, Title 49, Part 40 and Part 382, as amended. Testing shall be conducted as a condition for initial driver permit authorization. Annual testing shall be conducted as a condition for permit renewal.
Random testing may be conducted and additional tests may be required, including post accident testing, rehabilitation and return-to-service testing, and reasonable suspicion testing. Drivers must show a valid California driver’s license at the time and place of testing.
Grantee shall contract with a consultant (program administrator) and authorized lab approved under the Federal Register to facilitate the program and shall provide a copy of the contracts to City. Test results shall be provided to Grantee as the employing entity.
Information shall be supplied to City pertaining to any positive test results and shall include driver name, identifying information, and driver permit status, including any entry into a rehabilitation program. Specific driver test results shall remain confidential, on file by driver with Grantee, but testing information, including date of annual test and random test, and positive or negative results, shall be available for City’s review. Cost of testing shall be the
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Packet Pg. 201 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 7 driver’s responsibility, if the driver is an independent contractor of Grantee, or Grantee’s responsibility, if the driver is an employee.
In accordance with the Federal Code of Regulations, Grantee’s certification program must include information regarding the controlled substance and alcohol use policy and procedures as well as educational materials made available to all drivers and other pertinent staff. Grantee or its authorized agency must advise drivers of the resources available to them to resolve problems associated with misuse of alcohol and controlled substances. Materials for education and company policies must be made available to all current and potential drivers and a signed statement of their receipt shall be in every permitted driver’s file and retained by Grantee.
Grantee shall train supervisory personnel in accordance with federal guidelines in order to determine whether reasonable suspicion exists to require a driver to undergo additional testing. Grantee shall use custody and control forms similar to that used under the federal testing guidelines. Any changes in the federal program guidelines or other state mandates will be considered by City for modification to Grantee’s program. (g) Social Benefits Programs. Grantee shall comply with all applicable local, state and federal rules, regulations and statutes concerning mandated social benefits programs for employees. It shall be the sole responsibility of Grantee to determine whether legislation concerning these social benefits applies to Grantee's operations.
SECTION 3. Except as expressly modified by this Ordinance, all other terms and conditions of the taxicab franchise granted to Metro Cab pursuant to Ordinance No. 2331 (CCS) shall be and remain in full force and effect.
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Packet Pg. 202 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 8 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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Packet Pg. 203 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 1 City Council Meeting 09-27-2011 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2332 (CCS) GRANTING A TAXICAB FRANCHISE
TO TMAT CORP., DOING BUSINESS AS TAXI! TAXI!
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs in the City, in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization and hazards associated with the City’s previous open-entry regulated taxicab environment; and WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS), declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi Owners’ Association (ITOA); Metro Cab Company, LLC; TMAT Corp., doing business as Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with City Charter Section 1601, at which all interested persons were given an opportunity to be heard on all matters relative to the proposed granting of taxicab franchises; and
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Packet Pg. 204 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 2 WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2332 (CCS) granting a taxicab franchise to TMAT Corp., doing business as Taxi! Taxi! (“Taxi! Taxi!”); and
WHEREAS, the implementation date for the taxicab franchise program was scheduled for January 1, 2011, but was delayed until March 1, 2011, through no fault of the taxicab franchisees; and
WHEREAS, despite the implementation delay, all franchisees paid the full franchise and permit fees for the fiscal year, even though they were unable to operate pursuant to their franchises for part of the year; and
WHEREAS, the City finds that for purposes of administrative efficiency and in fairness to the taxicab franchisees, since the taxicab franchisees did not cause the implementation delay and paid all franchise and permit fees for a full year, the City wishes to adjust the permit year from the fiscal year to the calendar year, and thereby extend the expiration date of vehicle and taxicab driver's permits from June 30th to December 31st;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7 of Ordinance No. 2332 (CCS) entitled “OPERATIONS AND SERVICE - TAXICABS”, is hereby amended as follows:
(a) Taxicab Vehicle Permits. Grantee is responsible for paying the annual taxicab vehicle permit fee for all taxicabs in its fleet, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab vehicle permits expire each June 30th December 31st thereafter, and Grantee is responsible for paying the
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Packet Pg. 205 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 3 annual taxicab vehicle permit fees and obtaining annual taxicab vehicle permits for all taxicabs in its fleet in accordance with Santa Monica Municipal Code Section
6.49.040(i)(2).
(b) Taxicab Operations. All taxicabs used by Grantee within the City must be operated in accordance with, and Grantee shall not permit any taxicab to be driven which is in violation of, this Franchise, the Santa Monica Municipal Code, and Taxicab Rules. (c) Registration and Acquisition of Vehicles. All taxicabs operated under this Franchise must be registered to either Grantee or a Member of Grantee. Taxicabs must either be owned by Grantee, a Member, a commercial lending agency, or leased from a licensed leasing agency whose primary business is the sale or leasing of vehicles. Any taxicab utilized by Grantee which is owned by it or one of its Members shall have been acquired by way of bona fide purchase, lease, or other transaction approved by the City.
Grantee or Member shall submit to City, upon request, the method utilized for vehicle acquisition. Members may sell or transfer a share or taxicab under these same provisions. (d) General Vehicle Maintenance and Repairs. Grantee shall, at its sole expense, monitor and be responsible for all maintenance, repair, and replacement of Grantee’s and any driver/manager Member’s managed taxicabs. Preventive maintenance must be performed at least in accordance with manufacture recommendations for each taxicab. A copy of maintenance inspection reports, including any repair documentation, shall be filed with City.
(e) Age of Vehicles. No taxicab fleet vehicle authorized by this Franchise shall be in excess of the years of age set forth in the Taxicab Rules unless otherwise authorized in writing by City in its sole and absolute discretion.
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Packet Pg. 206 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 4 (f) Off-Street Parking Facilities. Grantee shall provide garaging or other off-street parking facilities within one-half mile of its main operating location(s), or as specified by the City, where Grantee’s taxicabs are to be parked when not in service or when not being repaired or when not in the possession of a taxicab driver. Grantee shall have sufficient vehicle parking capacity within the main operating location(s) or the garaging or off-street parking facilities to meet the requirements for Grantee’s operations, including but not limited to vehicle inspection and maintenance, administrative functions, and training.
SECTION 2. Section 8 of Ordinance No. 2332 (CCS) entitled “OPERATIONS AND SERVICE - DRIVERS”, is hereby amended as follows:
(a) Authorized Drivers. Grantee shall not issue or dispatch any taxicab operated on behalf of this Franchise to any driver who is in violation of any terms of this Franchise, the Santa Monica Municipal Code, Taxicab Rules, or any other applicable law, rule or regulation.
(b) Taxicab Driver’s Permits. Grantee is responsible for paying the annual taxicab driver’s permit fee for all its taxicab drivers, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab driver’s permits expire each June 30th December 31st thereafter and Grantee is responsible for paying the annual taxicab driver’s permit fees and obtaining annual taxicab driver’s permits for all its taxicab drivers in accordance with Santa Monica Municipal Code Section 6.49.070(e). (c) Work Shifts. Drivers must check in with Grantee at the beginning and end of each shift, and such activity shall be recorded by Grantee. Grantee must maintain daily logs to indicate the vehicle and driver assignments for each shift at all times. Grantee or a
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Packet Pg. 207 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 5 driver/manager Member shall make all such assignments. Grantee shall issue and collect waybills in the manner and within the time limits established by the Taxicab Rules.
Grantee shall review waybills upon collection to ascertain that the required information is fully and accurately provided.
(d) Independent Contractor Drivers. Grantee and its driver/manager Members are authorized to provide taxicab services through a contracting or leasing type of operation with an independent contractor driver. No independent contractor driver may subcontract or sublease the vehicle, or the right to operate the vehicle, to another person.
All contracting or leasing arrangements shall be evidenced in writing and subject to City approval. Such lease contract shall provide for the collection and documentation of lease fees by Grantee and driver/manager Members. The lease contract shall not be instituted or changed without City approval. The independent contractor driver shall not use a taxicab as the driver’s personal vehicle within the City except when driving to or from the beginning or ending of a work shift. Grantee shall maintain current files of all lease contracts in a central location, filed by driver, to verify compliance with these requirements. (e) Training Program. Grantee shall provide a comprehensive screening, testing and training program for all its drivers, including independent contractor drivers. The training program, including curriculum and delivery, must be approved by City and must include City and state rules and regulations; geography, including map reading, major points of interest in the City, and familiarity with the City and surrounding areas; driver safety and defensive driving; vehicle safety and maintenance/inspection checks; customer service and relations; sensitivity guidelines for disabled, frail and elderly passengers; behind the wheel driver training; and accessible vehicle operation training and CPR
10.E.d
Packet Pg. 208 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 6 certification or equivalent for accessible vehicle drivers. City may authorize or require additional training program components, a change in delivery of program components, or a training facilitator or program outside of Grantee’s program at Grantee’s or driver’s cost if City deems such change will best serve the public interest. (f) Drug and Alcohol Testing. Grantee is responsible for scheduling preemployment and pre-permitting driver drug and alcohol testing and for enrolling all current drivers in a mandatory controlled substance and alcohol testing certification program as mandated by California Government Code Section 53075.5, and which follows program components and testing requirements of the Federal Code of Regulations, Title 49, Part 40 and Part 382, as amended. Testing shall be conducted as a condition for initial driver permit authorization. Annual testing shall be conducted as a condition for permit renewal.
Random testing may be conducted and additional tests may be required, including post accident testing, rehabilitation and return-to-service testing, and reasonable suspicion testing. Drivers must show a valid California driver’s license at the time and place of testing.
Grantee shall contract with a consultant (program administrator) and authorized lab approved under the Federal Register to facilitate the program and shall provide a copy of the contracts to City. Test results shall be provided to Grantee as the employing entity.
Information shall be supplied to City pertaining to any positive test results and shall include driver name, identifying information, and driver permit status, including any entry into a rehabilitation program. Specific driver test results shall remain confidential, on file by driver with Grantee, but testing information, including date of annual test and random test, and positive or negative results, shall be available for City’s review. Cost of testing shall be the
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Packet Pg. 209 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 7 driver’s responsibility, if the driver is an independent contractor of Grantee, or Grantee’s responsibility, if the driver is an employee.
In accordance with the Federal Code of Regulations, Grantee’s certification program must include information regarding the controlled substance and alcohol use policy and procedures as well as educational materials made available to all drivers and other pertinent staff. Grantee or its authorized agency must advise drivers of the resources available to them to resolve problems associated with misuse of alcohol and controlled substances. Materials for education and company policies must be made available to all current and potential drivers and a signed statement of their receipt shall be in every permitted driver’s file and retained by Grantee.
Grantee shall train supervisory personnel in accordance with federal guidelines in order to determine whether reasonable suspicion exists to require a driver to undergo additional testing. Grantee shall use custody and control forms similar to that used under the federal testing guidelines. Any changes in the federal program guidelines or other state mandates will be considered by City for modification to Grantee’s program. (g) Social Benefits Programs. Grantee shall comply with all applicable local, state and federal rules, regulations and statutes concerning mandated social benefits programs for employees. It shall be the sole responsibility of Grantee to determine whether legislation concerning these social benefits applies to Grantee's operations.
SECTION 3. Except as expressly modified by this Ordinance, all other terms and conditions of the taxicab franchise granted to Taxi! Taxi! pursuant to Ordinance No. 2332 (CCS) shall be and remain in full force and effect.
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Packet Pg. 210 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 8 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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Packet Pg. 211 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 1 City Council Meeting 09-27-2011 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 2333 (CCS) GRANTING A TAXICAB FRANCHISE
TO L.A. TAXI COOPERATIVE, INC.,
DOING BUSINESS AS YELLOW CAB COMPANY
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system authorizing a maximum of 250 taxicabs in the City, in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization and hazards associated with the City’s previous open-entry regulated taxicab environment; and WHEREAS, on October 12, 2010, Council adopted Resolution No. 10533 (CCS), declaring its intent to grant taxicab franchises to Bell Cab Company, Inc.; Independent Taxi Owners’ Association (ITOA); Metro Cab Company, LLC; TMAT Corp., doing business as Taxi! Taxi!; and L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company, and setting a public hearing; and
WHEREAS, on November 9, 2010, Council held a public hearing in accordance with City Charter Section 1601, at which all interested persons were given an opportunity to be heard on all matters relative to the proposed granting of taxicab franchises; and
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Packet Pg. 212 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 2 WHEREAS, on November 23, 2010, Council adopted Ordinance No. 2333 (CCS) granting a taxicab franchise to L.A. Taxi Cooperative, Inc., doing business as Yellow Cab Company (“Yellow Cab”); and
WHEREAS, the implementation date for the taxicab franchise program was scheduled for January 1, 2011, but was delayed until March 1, 2011, through no fault of the taxicab franchisees; and
WHEREAS, despite the implementation delay, all franchisees paid the full franchise and permit fees for the fiscal year, even though they were unable to operate pursuant to their franchises for part of the year; and
WHEREAS, the City finds that for purposes of administrative efficiency and in fairness to the taxicab franchisees, since the taxicab franchisees did not cause the implementation delay and paid all franchise and permit fees for a full year, the City wishes to adjust the permit year from the fiscal year to the calendar year, and thereby extend the expiration date of vehicle and taxicab driver's permits from June 30th to December 31st;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7 of Ordinance No. 2333 (CCS) entitled “OPERATIONS AND SERVICE - TAXICABS”, is hereby amended as follows:
(a) Taxicab Vehicle Permits. Grantee is responsible for paying the annual taxicab vehicle permit fee for all taxicabs in its fleet, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab vehicle permits expire each June 30th December 31st thereafter, and Grantee is responsible for paying the
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Packet Pg. 213 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 3 annual taxicab vehicle permit fees and obtaining annual taxicab vehicle permits for all taxicabs in its fleet in accordance with Santa Monica Municipal Code Section
6.49.040(i)(2).
(b) Taxicab Operations. All taxicabs used by Grantee within the City must be operated in accordance with, and Grantee shall not permit any taxicab to be driven which is in violation of, this Franchise, the Santa Monica Municipal Code, and Taxicab Rules. (c) Registration and Acquisition of Vehicles. All taxicabs operated under this Franchise must be registered to either Grantee or a Member of Grantee. Taxicabs must either be owned by Grantee, a Member, a commercial lending agency, or leased from a licensed leasing agency whose primary business is the sale or leasing of vehicles. Any taxicab utilized by Grantee which is owned by it or one of its Members shall have been acquired by way of bona fide purchase, lease, or other transaction approved by the City.
Grantee or Member shall submit to City, upon request, the method utilized for vehicle acquisition. Members may sell or transfer a share or taxicab under these same provisions. (d) General Vehicle Maintenance and Repairs. Grantee shall, at its sole expense, monitor and be responsible for all maintenance, repair, and replacement of Grantee’s and any driver/manager Member’s managed taxicabs. Preventive maintenance must be performed at least in accordance with manufacture recommendations for each taxicab. A copy of maintenance inspection reports, including any repair documentation, shall be filed with City.
(e) Age of Vehicles. No taxicab fleet vehicle authorized by this Franchise shall be in excess of the years of age set forth in the Taxicab Rules unless otherwise authorized in writing by City in its sole and absolute discretion.
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Packet Pg. 214 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 4 (f) Off-Street Parking Facilities. Grantee shall provide garaging or other off-street parking facilities within one-half mile of its main operating location(s), or as specified by the City, where Grantee’s taxicabs are to be parked when not in service or when not being repaired or when not in the possession of a taxicab driver. Grantee shall have sufficient vehicle parking capacity within the main operating location(s) or the garaging or off-street parking facilities to meet the requirements for Grantee’s operations, including but not limited to vehicle inspection and maintenance, administrative functions, and training.
SECTION 2. Section 8 of Ordinance No. 2333 (CCS) entitled “OPERATIONS AND SERVICE - DRIVERS”, is hereby amended as follows:
(a) Authorized Drivers. Grantee shall not issue or dispatch any taxicab operated on behalf of this Franchise to any driver who is in violation of any terms of this Franchise, the Santa Monica Municipal Code, Taxicab Rules, or any other applicable law, rule or regulation.
(b) Taxicab Driver’s Permits. Grantee is responsible for paying the annual taxicab driver’s permit fee for all its taxicab drivers, in accordance with the fee specified by resolution of Council, as of the effective date of this Franchise. Taxicab driver’s permits expire each June 30th December 31st thereafter and Grantee is responsible for paying the annual taxicab driver’s permit fees and obtaining annual taxicab driver’s permits for all its taxicab drivers in accordance with Santa Monica Municipal Code Section 6.49.070(e). (c) Work Shifts. Drivers must check in with Grantee at the beginning and end of each shift, and such activity shall be recorded by Grantee. Grantee must maintain daily logs to indicate the vehicle and driver assignments for each shift at all times. Grantee or a
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Packet Pg. 215 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 5 driver/manager Member shall make all such assignments. Grantee shall issue and collect waybills in the manner and within the time limits established by the Taxicab Rules.
Grantee shall review waybills upon collection to ascertain that the required information is fully and accurately provided.
(d) Independent Contractor Drivers. Grantee and its driver/manager Members are authorized to provide taxicab services through a contracting or leasing type of operation with an independent contractor driver. No independent contractor driver may subcontract or sublease the vehicle, or the right to operate the vehicle, to another person.
All contracting or leasing arrangements shall be evidenced in writing and subject to City approval. Such lease contract shall provide for the collection and documentation of lease fees by Grantee and driver/manager Members. The lease contract shall not be instituted or changed without City approval. The independent contractor driver shall not use a taxicab as the driver’s personal vehicle within the City except when driving to or from the beginning or ending of a work shift. Grantee shall maintain current files of all lease contracts in a central location, filed by driver, to verify compliance with these requirements. (e) Training Program. Grantee shall provide a comprehensive screening, testing and training program for all its drivers, including independent contractor drivers. The training program, including curriculum and delivery, must be approved by City and must include City and state rules and regulations; geography, including map reading, major points of interest in the City, and familiarity with the City and surrounding areas; driver safety and defensive driving; vehicle safety and maintenance/inspection checks; customer service and relations; sensitivity guidelines for disabled, frail and elderly passengers; behind the wheel driver training; and accessible vehicle operation training and CPR
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Packet Pg. 216 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 6 certification or equivalent for accessible vehicle drivers. City may authorize or require additional training program components, a change in delivery of program components, or a training facilitator or program outside of Grantee’s program at Grantee’s or driver’s cost if City deems such change will best serve the public interest. (f) Drug and Alcohol Testing. Grantee is responsible for scheduling preemployment and pre-permitting driver drug and alcohol testing and for enrolling all current drivers in a mandatory controlled substance and alcohol testing certification program as mandated by California Government Code Section 53075.5, and which follows program components and testing requirements of the Federal Code of Regulations, Title 49, Part 40 and Part 382, as amended. Testing shall be conducted as a condition for initial driver permit authorization. Annual testing shall be conducted as a condition for permit renewal.
Random testing may be conducted and additional tests may be required, including post accident testing, rehabilitation and return-to-service testing, and reasonable suspicion testing. Drivers must show a valid California driver’s license at the time and place of testing.
Grantee shall contract with a consultant (program administrator) and authorized lab approved under the Federal Register to facilitate the program and shall provide a copy of the contracts to City. Test results shall be provided to Grantee as the employing entity.
Information shall be supplied to City pertaining to any positive test results and shall include driver name, identifying information, and driver permit status, including any entry into a rehabilitation program. Specific driver test results shall remain confidential, on file by driver with Grantee, but testing information, including date of annual test and random test, and positive or negative results, shall be available for City’s review. Cost of testing shall be the
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Packet Pg. 217 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 7 driver’s responsibility, if the driver is an independent contractor of Grantee, or Grantee’s responsibility, if the driver is an employee.
In accordance with the Federal Code of Regulations, Grantee’s certification program must include information regarding the controlled substance and alcohol use policy and procedures as well as educational materials made available to all drivers and other pertinent staff. Grantee or its authorized agency must advise drivers of the resources available to them to resolve problems associated with misuse of alcohol and controlled substances. Materials for education and company policies must be made available to all current and potential drivers and a signed statement of their receipt shall be in every permitted driver’s file and retained by Grantee.
Grantee shall train supervisory personnel in accordance with federal guidelines in order to determine whether reasonable suspicion exists to require a driver to undergo additional testing. Grantee shall use custody and control forms similar to that used under the federal testing guidelines. Any changes in the federal program guidelines or other state mandates will be considered by City for modification to Grantee’s program. (g) Social Benefits Programs. Grantee shall comply with all applicable local, state and federal rules, regulations and statutes concerning mandated social benefits programs for employees. It shall be the sole responsibility of Grantee to determine whether legislation concerning these social benefits applies to Grantee's operations.
SECTION 3. Except as expressly modified by this Ordinance, all other terms and conditions of the taxicab franchise granted to Yellow Cab pursuant to Ordinance No. 2333 (CCS) shall be and remain in full force and effect.
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Packet Pg. 218 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code 8 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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Packet Pg. 219 Attachment: Attachment D. Sept 27, 2011 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code City Council Report
City Council Meeting: March 17, 2015
Agenda Item: 4-A
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development Subject: Taxicab Franchise Program Regulations, Non-Taxi Vehicles for Hire Regulations, and Curb Space Allocation to Non-Taxi Vehicles for Hire (e.g. Uber, Lyft)
Recommended Action
Staff recommends that the City Council review and comment on vehicles for hire and direct staff to:
1) Include both taxi and non-taxi vehicles for hire when allocating curb space. 2) Research and consider amendments to the taxicab franchise program. 3) Draft an ordinance to amend the taxicab franchise program rules and regulations. 4) Draft an ordinance to amend the vehicle for hire regulations to establish minimal regulations on in-city vehicles for hire.
5) Return to Council with recommendations on franchise renewals and vehicle allocations.
Executive Summary
The transportation system in Santa Monica is in a rapidly evolving environment with immediate and ongoing transportation initiatives, such as light rail, car sharing, and new vehicles for hire and valet smartphone technologies. An integrated and coordinated circulation system is critical to the successful management of parking, circulation, and public resources in Santa Monica; particularly in downtown and other areas that serve as visitor destinations. Staff is seeking comment and feedback concerning the proposed allocation of public assets such as curb space for vehicles for hire.
Staff is also seeking direction on establishing minimum regulations on vehicle for hire operations that operate solely within Santa Monica, such as minimum insurance requirements, and amendments to the taxicab franchise program in light of the introduction of Transportation Network Companies, such as Uber and Lyft, as well as other changes such as the arrival of Expo Light Rail Service.
Background
Council adopted the Land Use and Circulation Element (LUCE) at its July 6, 2010 meeting. The LUCE set the framework for the Draft Downtown Specific Plan (DSP) to 1 10.E.e
Packet Pg. 220 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code engage the community in a dialogue about the future of the City’s shared downtown.
The LUCE specifies that the DSP should address community concerns related to traffic, congestion and pedestrian safety. Priority was specified for public improvements that would enhance the pedestrian experience and for standards and programs to foster vehicle trip reduction goals by encouraging transit, walking, and biking as well as transportation demand management strategies.
Circulation and connectivity, the ability to move around the Downtown freely and conveniently between destinations, is cited as the top issue that residents want the DSP to address. The Plan enhances movement for cars, bikes, pedestrians and public transit services and all the supporting services. Allocation of curb space is critical to achieving goals set out by the DSP. Particularly because multiple competing demands for curb space exists with new demands on the horizon.
Examples of the existing demands for curb space include:
• Public On-Street Parking
• Bus Stops and Layover Zones
• Commercial Loading/Unloading Zones
• Passenger Loading
• Taxis Zones
• Tour Buses Loading/Unloading
• Valet Parking Zones
• Bike Valets and Corrals
• Pedicabs
• Travel Lanes for Automobiles
• Bus Only Lanes
Examples of scheduled or potential demands for curb space include:
• Car Sharing
• Bike Sharing
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Packet Pg. 221 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code • Private Corporate Shuttles Not Available to the Public • In City Shuttles Available to the Public
• Bike Parking
• Downtown Circulator
• Parklets
• Consolidated Valet
• Kiss-and-Ride for dropping off and picking up light rail passengers Discussion
The transportation system in Santa Monica is in a rapidly evolving environment with immediate and ongoing transportation initiatives, such as light rail, car sharing, and new vehicles for hire and valet smartphone technologies. An integrated and coordinated circulation system is critical to the successful management of parking, circulation, and public resources in Santa Monica; particularly in downtown and other areas that serve as visitor destinations. In support of sustainable transportation and a multi-modal system, the City accommodates and encourages new modes of alternative transportation options. These immediate, ongoing and longer term transportation initiatives will increase competition for access to curb space. Examples of new transportation modes include the Light Rail, Transportation Network Companies (e.g.
Lyft, Uber1,2), Bike Share, Shuttles, and Carshare.
The items discussed in this staff report should be considered taking into account the following policies and plans:
1 Uber signed a 10-year lease in December 2014 for about 40,000 square feet at 1733 Ocean Avenue in Santa Monica
2 For purposes of this report, Uber refers to both the Uber and UberX services. UberX is distinct in that it provides what is most commonly knows as “ridesharing” services. UberX vehicles are personal vehicles and are categorized by the State of California as Transportation Network Companies (TNC). Uber provides what is commonly known as “town car” services. Uber vehicles are commercial vehicles are categorized by the State of California as Transportation Charter Party (TCP) carriers. 3 10.E.e
Packet Pg. 222 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code • Land Use and Circulation Element
• Draft Downtown Specific Plan
• Big Blue Bus Expo Integration Plan
• 4th and Colorado Interim Use Study Session
• February 2016 Downtown Expo Terminus Station Opening
This report is presented in two parts. Part 1 discusses the allocation of curb space to non-taxi vehicles for hire, such as Transportation Network Companies (TNC) and in-city shuttles. TNCs are defined more below and in Attachment A. Part 2 discusses in more detail specifics related to the regulation of vehicles for hire.
PART 1 - Allocation of Curb Space to Non-Taxi Vehicles for Hire Curb space is limited and valuable, and is required for buses, bikes, passenger drop-off and pick up, valet, shared cars and bikes, bike parking, and loading and unloading of goods and services. Curb space must be allocated thoughtfully and designed to ensure visibility and discourage people from using the space in unintended ways that impact adjacent traffic flow and pedestrian activity. The most common use of curb space is for on-street parking and bus stops. Currently Downtown has significant areas of on-street parking and bus stops and layover space for both Metro and BBB (Big Blue Bus). The draft DSP specifically notes that as mobility diversifies with the arrival of Light Rail, the curb space will be used less as a transition for people from individual cars, and more for people coming from buses, shuttles, taxis, and bikes, and in some cases Parklets, which are mini-landscaped pockets or extensions of outdoor space that provide places for pedestrians to rest and gather.
The draft DSP states that priority in the allocation of curb space will be given to activities such as consolidated valet, car share, bike share, public bike parking, taxis, and shuttles. However, even with this suggested guidance, staff seeks input from Council to ensure that curb space is allocated in a manner that best serves the interests of the community, particularly as it relates to alternative forms of for hire vehicles. 4 10.E.e
Packet Pg. 223 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Decisions related to curb space allocation are determined by Transportation Planning staff and the Traffic Engineer as part of both the land use planning process and to effectuate City goals. When considering the allocation of curb space in lieu of off-street parking spaces, staff has considered whether the space:
• Contributes towards Sustainable City Plan Transportation Goals; • Reduces Vehicle Trips in Support of LUCE Goals;
• Is a Green Low Impact Transportation Mode in Support of DSP Goals; • Serves a Bona Fide Transportation Need (non-recreational); or • Provides another benefit and/or meets a need, such as commercial loading zones.
When considering these guidelines, other forms of vehicles for hire, which provide similar services as taxicab companies, would meet the City’s goals, as well as other types of “ridesharing” services. For example, carpooling services that dynamically link passengers together to share a ride when they are traveling in the same direction. This is similar to when two people who are traveling in the same direction (e.g. from Santa Monica to Downtown Los Angeles) agree to travel in the same taxicab and split the cost of the trip. UberPool and Lyft Line, through their smartphone apps build routes and search for users going in the same direction to share a ride and split the cost. The theory being that these carpooling services will reduce the need to own a vehicle by making it cheaper to carpool. As these types of new technology driven services continue to emerge and evolve, it is essential that the City of Santa Monica maintain flexibility to incorporate these new services into its system when they contribute to the City’s goals.
Following is a summary of vehicles for hire and the shuttle program that could potentially be granted additional curb space primarily in the downtown and Main Street areas.
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Packet Pg. 224 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Vehicles for Hire
In most cases individuals and businesses providing the transportation of passengers for compensation (aka Vehicles for Hire) require operating authority from the California Public Utilities Commission (CPUC) such as:
• Passenger Stage Corporations (PSC) - A PSC provides transportation service to the general public on an individual-fare basis. Most PSCs operate a fixed route, scheduled service, or an on-call, door-to-door airport shuttle-type service. • Transportation Charter Permit (TCP) vehicles - A TCP charters a vehicle, on a prearranged basis, for the private exclusive use of an individual or group.
Charges are based on mileage or time of use, or a combination of both. Also falling under the TCP category are round-trip sightseeing services, and certain specialized private services not offered to the general public. TCPs are officially known as Charter-Party Carriers and are commonly known as “town cars” or “limousines”. Although these vehicles are referred to as town cars or limousines, a variety of vehicle models are used as TCPs, including hybrid vehicles such as Toyota Priuses
• Transportation Network Companies (TNC) - A TNC provides prearranged transportation services for compensation using an online-enabled application (App) or platform to connect passengers with drivers using their personal vehicles. Well known providers include Lyft and Uber.
Vehicles for hire (including TNCs, TCPs and PSCs) are generally regulated by state law and by the California Public Utilities Commission (CPUC). State law substantially preempts the City’s ability to regulate vehicles for hire. There are some specific exceptions set forth in Public Utilities Code Sections 226 and 5353. One is taxicab service, which is subject to local regulation by cities and counties. 6 10.E.e
Packet Pg. 225 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code While in the recent past there had been some ambiguity regarding local governments’ ability to substantially regulate TNCs (e.g. Uber, Lyft) because of their similarity to taxicabs, recent state action, judicial decisions and PUC regulations have made increasingly clear the State’s virtually exclusive authority to regulate such carriers.
These recent state regulatory pronouncements have also produced certain positive outcomes, such as addressing certain local governments’ concerns about the lack of insurance requirements for TNCs. More information regarding vehicle for hire regulations is provided in Part 2 of this report.
Currently the City provides 35 taxicab zones, and only 5 zones for other type of vehicles for hire via a 15 minute parking zone. TCPs and TNCs are not authorized to pick up passengers unless the trip is prearranged, meaning that these for hire vehicles cannot legally accept a passenger who simply approaches the vehicle or hails the cab from the sidewalk or street. Therefore, zones that might be created for these types of vehicles would likely need to be set up as loading and unloading or for a short time limited parking depending on the location of the zone. Electronic hailing apps make providing such a zone more plausible, since the CPUC defines an electronic hail through an app as “prearranged”. This would in theory allow a person departing a train station or a restaurant to electronically call a vehicle through their smartphone app, and be picked up at a designated passenger loading zone.
Uber claims that this is already happening in San Diego. In a recent analysis by Uber of its ridership patterns in San Diego, Uber claims that “Gaps in public transportation become hubs for Uber”. The company also claims that their service “complement[s] public transit”, essentially filling in what is commonly referred to when discussing light rail in Santa Monica as the first and last mile. In a recent survey3 conducted by the University of California Transportation Center that was published in August 2014 on 3 App-Based, On-Demand Ride Services: Comparing Taxi and Ridesourcing Trips and User characteristics in San Francisco; University of California Transportation Center UCTC-FR-2014-08; Lisa Rayle, Susan Shahee, Nelson Chan, Danielle Dai, and Robert Cervero, University of California, Berkeley, August 2014
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Packet Pg. 226 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code TNC trip purpose in San Francisco, trips were mainly social and leisure in nature. The survey notes, “Of all responses, 67% were social/leisure (bar, restaurant, concert, visit friends/family). Only 16% were work, 4% were to or from the airport, and 10% were other (doctor’s appointment, volunteer). A large percentage (47%) of trips began somewhere other than home or work, a restaurant, bar, gym, etc., and 40% were homebased. Although the survey did not ask about connections with public transit, 4% named a specific transit station as their origin or destination, suggesting that many respondents used [TNCs] to access transit. Almost half (48%) occurred on Friday or Saturday. While evening hours are heavily represented, the survey did capture trips at times throughout the day and night.” The dense urban nature of San Francisco in comparison to the suburban layout of San Diego may account for the differences and the report authors also noted that interviews with drivers seemed to reflect that more passengers were beginning their trips from public transit than the surveys represented.
Theoretically taxicabs should be able to fill any of the demands that a TNC can fill; however, the smartphone app enables TNCs to operate more effectively in this space.
Without a uniform App and a commitment to more predictability, taxicabs appear to be at a competitive disadvantage. In the same University of California Transportation Center survey, 25% of respondents who said that taking a taxicab would have been their choice had TNCs not existed indicated that their top choices were about convenience – 25% said ease of payment, 17% said short wait time, and 11% said easy to call a car.
In-City Shuttles
As of June 2013 new low speed electric vehicles, similar to a golf cart, began operating in Santa Monica. This alternative passenger vehicle transportation service meets a need for short distance trips in the central business district of the City more effectively than taxicabs. They also address other environmental concerns, since the vehicles are small and zero-emission and are free to the general public. There are currently eight shuttles operated by Free Ride Santa Monica with three of the vehicles serving as part 8 10.E.e
Packet Pg. 227 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code of a Santa Monica Convention and Visitors Bureau (SMCVB) program described more in the following paragraphs.
Santa Monica Convention and Visitors Bureau Hotel Shuttle Program Certain hotels in the Downtown and coastal areas are required through Development Agreements (DA) to provide an alternative shuttle service to certain Santa Monica destinations or pay an in lieu fee to cover this service. The City had been exercising its rights under the agreements to require hotels to pay the in lieu fee, which funded the Tide Shuttle. The Tide Shuttle was eliminated as of September 2010 due to low ridership and high cost. Since the elimination of the Tide Shuttle, staff set aside the in lieu fees while an alternative service delivery method was established.
In April 2014, staff conducted a Request for Applications (RFA) process to grant funds to administer a shuttle program on behalf of the hotels. The SMCVB was awarded a grant. The SMCVB program was launched May 2014. SMCVB contracts with Free Ride Santa Monica to provide the service. The hotels work directly with the SMCVB as the shuttle program administrator.
The free hotel-sponsored service transports riders to destinations, including Downtown Santa Monica, the Santa Monica Pier, Main Street, and Montana Avenue. The shuttle consists of electric vehicles wrapped in Santa Monica destination branding that are regularly available at Shutters on the Beach Hotel, Double Tree Santa Monica Suites and Loews Santa Monica Beach Hotel. The service runs seven days a week from 11:30 a.m. until at least 8 p.m., later on weekends and for special events. The program has proven to be very successful with approximately 50,000 rides from May 2014 through December 2014. Although the SMCVB program sponsors three shuttles, Free Ride Santa Monica has an additional five for a total of eight vehicles that operate in Santa Monica, the company anticipates adding two additional vehicles by June 2015 that would not be part of the SMCVB program. The company is also testing a consumer app that could be used to request a pick up.
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Packet Pg. 228 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Currently one space is allocated for loading and unloading outside of Shutters Hotel that the SMCVB hotel sponsored shuttle is able to utilize through a permitting process. All other staging is provided by the hotels on private property.
PART 2 – Vehicle for Hire Regulations
In-City Vehicles for Hire
Currently, local law requires that a vehicle for hire company that operates solely within Santa Monica secure a business license; however, no other operational regulations exist (e.g. vehicle standards, driver permits, minimum insurance standards). Therefore, in-city vehicle for hire operations, such as Free Ride Santa Monica, and other potential in-city vehicle for hire operations that would seek to operate within the City have no regulatory requirements4. Establishing regulations proactively on vehicles for hire that operate solely within Santa Monica will help to ensure that as Santa Monica continues to be a popular destination for new and novel types of business models, regulations will assist with mitigating a “wild west” environment, similar to what the City experienced prior to the launch of Taxicab franchise program.
Staff recommends that Council direct staff to draft an ordinance to eliminate the gap in vehicle for hire regulations that currently exist for in-city only vehicles for hire with guidance to establish minimal regulations to address public safety and circulation, such as an operating permit, minimal insurance requirements, and driver permits.
Taxicabs
On July 28, 2009, Council adopted an ordinance establishing the franchise-based system for regulating taxicabs, which added Chapter 6.49 to the Santa Monica Municipal Code (SMMC). On November 23, 2010, Council awarded the franchises by 4 Pedicabs in Santa Monica are currently subject to regulations, including driver permits and insurance requirements; however, Pedicabs are not technically vehicles for hire as defined by state law or local law because they are not motor propelled.
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Packet Pg. 229 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code ordinance to Bell Cab, Independent Taxicab Owners Association (ITOA), Metro Cab, Taxi! Taxi!, and L.A. Taxi Cooperative, Inc. (dba Yellow Cab Company). On December 14, 2010, Council adopted an ordinance increasing the maximum number of taxicabs permitted to operate from 250 to 300.
Staff recommends amendments to the taxicab franchise rules and regulations to address changes in the vehicle for hire market. Due to the disruptive nature of TNCs on the vehicle for hire market, it is necessary to examine adjustments to the franchise system before it is renewed. To determine what amendments should be brought forward in an ordinance, staff would:
1. Evaluate the total number of taxicabs authorized to operate in Santa Monica, taking into consideration the following:
a. The percentage of full time vs. part time taxicab leases b. The effects of Duel Licensing with Los Angeles
c. The effects of Transportation Network Companies (e.g. Uber, Lyft) d. The effects of Shuttle services
e. The effects of the Metro Light Rail opening in 2016
f. The ability of drivers to earn a livable wage
2. Identify taxicab company and driver rules and regulations for repeal that do not specifically address the following:
a. Public Safety
b. Consumer Protection
3. Evaluate options to require taxicab companies to utilize a smartphone app to “hail” a taxicab.
4. Evaluate options to allow taxicab franchisees to dynamically adjust the number of taxicabs to address cyclical demands for service.
5. Evaluate options to provide more flexibility in pricing for special events and flat rates.
6. Evaluate establishing a two-year driver permit instead of a one-year permit. 11 10.E.e
Packet Pg. 230 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code
7. Evaluate establishing either a driver permit fee that is pro-rated depending on the number of months into the permit year the application is filed or an rolling one year permit that is renewed annually on the original application date or other date such as the drivers birthday.
Outreach
Staff conducted outreach to Downtown Santa Monica, Inc. Access and Circulation Committee and to the Downtown Santa Monica, Inc. Board of Directors. The committee did not take official action on a recommendation. However, members of the committee expressed support for providing curb space to non-taxi vehicles for hire, particularly TNCs and for as much coordination with the Los Angeles Department of Transportation taxicab program. At its February 26, 2015 meeting the DTSM Board of Directions voted to submit a letter to Council with specific positions on Curb Space allocation in the downtown.
Outreach was also conducted with the five taxicab franchisees. The franchisees have provided written comments regarding taxicab regulations. Staff recommendations include some of the same requests being made by the taxicab companies. Letters from the taxicab companies are provided as attachments to this report.
Through the SMCVB, an email survey was sent to the General Managers of local hotels. Four hotels provided feedback, including Shutters on the Beach, Wyndham – At the Pier, Shore Hotel, and the Georgian Hotel. Two hotels indicated support for the allocation of curb space to non-taxi vehicles for hire and two did not support providing curb space. The primary reasons given by the two hotels opposed were congestion and too many loading/unloading zones already.
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Packet Pg. 231 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Conclusion
In both the allocation of public curb space and the modification of taxicab regulations, a key element needed is flexibility to adjust and react to the rapidly emerging mobility market place that includes various forms of new shared transportation. Based on the information provided in this report, staff recommends that the Council direct staff to:
1. Include all forms of transportation modes when allocating curb space, with additional priority given to vehicles for hire that are subject to greater local control and/or directly support the guidelines outlined earlier in this report.
2. Research and consider amendments to the taxicab franchise program that allow for flexibility in the system and taking into consideration the impacts of the following: a) adjusting the total number of taxicabs authorized to operate in Santa Monica, b) modifying company and driver rules that do not specifically address public safety, consumer protection, and customer service, c) requiring a smartphone app to “hail” a taxicab, d) implementing more dynamic adjustments to the number of taxicabs in service, e) more flexible pricing options; f) modifying the length of driver permit periods; and g) a method that provides for a pro-rated driver permit fee or the equivalent,
3. Draft an ordinance to amend the taxicab franchise program rules and regulations that provide flexibility and adjust to the changing vehicle for hire market as outlined earlier in this report no later than July 2015.
4. Draft an ordinance to amend the vehicle for hire regulations to establish minimal regulations on in-city vehicles for hire, consistent with State law no later than July 2015.
5. Return to Council with recommendations on franchise renewals and vehicle allocations no later than September 2015.
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Packet Pg. 232 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared by: Salvador M. Valles, Acting Chief Administrative Officer Approved: Forwarded to Council:
David Martin
Director of Planning and Community
Development
Elaine Polachek
Interim City Manager
Attachments:
A. Transportation Network Companies
B. Taxicab Factors
C. Letter from LA Taxi Cooperative Inc (dba Yellow Cab Company), Bell Cab, Independent Taxi Owners Association (ITOA), and All Yellow Cab (dba Metro Cab) D. Letter from TMAT (dba Taxi! Taxi!)
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Packet Pg. 233 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Attachment A - Transportation Network Companies
What are commonly called “Ridesharing” companies such as UberX and Lyft are changing the vehicle-for-hire landscape and compete directly with taxicab companies.
These new companies, deemed Transportation Network Companies (TNC) by the CPUC, utilize smartphone apps that allow customers to order a vehicle, get a quote of the cost for the requested trip, and pay using a credit card. The strong support of venture capitalists1 and comments in 2013 by the Federal Trade Commission that “these are innovative forms of competition that may enable consumers to more easily arrange and pay for… transportation,” suggest that the vehicle-for-hire market is undergoing a fundamental transition that has accelerated and is likely to continue on this trajectory. It is important to stress, however, that the market continues to evolve.
The City has received complaints from taxicab drivers and companies about the prevalence of TNCs and what they consider to be an unfair competitive landscape due to the level of regulations that TNCs must comply with. Over the past year, taxicab drivers have held protest demonstrations in major cities across the world, including Los Angeles, Cincinnati, San Francisco, Washington DC, London, and Paris, against TNC companies for what they claim to be unfair competition.
The CPUC claimed jurisdiction over TNCs in 2013. Local governments do not have jurisdiction to impose any regulations on TNCs, as they do currently with taxicabs, with the exception of requiring a business license if the TNC has a business location in the city, as Uber does2
.
On September 23, 2013, the CPUC implemented rules on these TNC services, including background checks, insurance, and annual reporting; however, the bar to 1 Uber has received $3.3 Billion in 8 Rounds of funding from 38 Investors. The most recent funding was $600 Million on December 12, 2014. Lyft has received $332.5 Million in 6 rounds of funding from 15 investors. 2 Uber signed a 10-year lease in December 2014 for about 40,000 square feet at 1733 Ocean Avenue in Santa Monica.
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Packet Pg. 234 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code entry for drivers is still much lower for the TNC drivers than for taxicab drivers. Also, TNCs are not restricted on how much they can charge as taxicab companies are. TNCs routinely use demand-based pricing, increasing prices during peak demand periods like New Year’s Eve. A taxicab driver may not change the rates established by the City.
However, TNCs typically charge lower rates than taxicabs on routine days. The taxicab industry argues that TNCs are able to charge less due to fewer regulatory burdens, particularly with regards to insurance requirements.
As a result of the death of a six year old girl in San Francisco who was struck by a vehicle being operated by an UberX driver, the CPUC received feedback from the insurance industry to clarify the insurance rules for these types of vehicles for hire. The incident also prompted the California State legislature to seek to increase insurance and background regulations on TNCs.
As a result, Assembly Bill 2293 was signed by the Governor on September 17, 2014.
The bill requires TNCs to buy insurance to cover drivers when they are transporting passengers and when drivers are logged on to their computer dispatching program and ready to accept riders. The requirements go into effect July 1, 2015. The coverage will raise insurance requirements to the same levels required of Taxicab companies in Santa Monica.
In the San Francisco case, UberX’s insurance denied the claim because the child and her family were struck by the driver during a period of time when there was no passenger in the vehicle even though the driver was on-duty and available to accept a customer through the Uber app. The driver’s personal vehicle insurance denied the claim because the driver was conducting a commercial activity and his insurance is only for personal use of the vehicle. AB 2293 seeks to address this issue. 2 10.E.e
Packet Pg. 235 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code A second bill, Assembly Bill 612, which would have increased the background checking requirements, did not pass in the Assembly. The bill would have required a LiveScan background, which requires fingerprinting and is administered by the California Justice Department. Companies would have been barred from hiring a driver with a felony conviction less than 7 years old from the date of hire for felony convictions for such crimes as fraud, forgery, or larceny. The bill would have also required a DMV driving record review and participation in a drug screening program. These requirements would have brought background requirements more in line with what taxicab driver are subject to. To address concerns of safety, Uber recently announced that it is adding a a "panic button" as part of the Uber app that would be available in Chicago. The feasture is expected to be available in the Chicago market only before the end of 2015.
The addition of this feature is in direct respond to an accusation against two Uber drivers in Chicago of sexually assaulting passengers in recent months. A similar feature was implemented in India by Uber for similar reasons after a driver was charged with raping a female passenger.
Additionally, TNC vehicle metering devices (i.e. the Smartphone apps) are not required to be inspected and approved by the local Commissioner of Weights & Measures, although these apps charge based on a per mile rate, just as taxicabs do.
As of December 23, 2014, the following companies were issued TNC permits to operate in California:
• Lyft
• Raiser-CA, LLC (dba UberX)
• Sidecare
• Tickengo dba Wingz
• RideLabs, LLC
• Shuddle
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Packet Pg. 236 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Attachment B – Taxicab Factors
The following factors contribute to the availability of taxicabs and are directly relevant when determining the total number of taxicabs that should be authorized to operate.
Trend in the Number of Taxicab Trips
Santa Monica taxicabs have experienced a 27% reduction in trips in 2014 when compared to 2013. The chart below represents the change by company. Although it is not possible to know specifically the cause of the decline, it clearly coincides with the arrival of Transportation Network Companies (TNC), such as Uber and Lyft. 2013 Trips 2014 Trips
Percent Change in
2013 Compared to
2014
Bell Cab 69,806 48,987 -30%
ITOA 156,279 115,127 -26%
Metro 179,289 129,139 -28%
Taxi! Taxi! 277,293 197,835 -29%
Yellow Cab 93,196 76,325 -18%
All Taxicab Companies 775,863 567,413 -27%
Percentage of full time vs. part time taxicab leases
A factor that contributes to service levels is whether a driver has contracted with the taxicab company for a 24 hour lease or a 12 hour lease. The length of leases offered has an impact on availability because the vehicle with a 24 hour lease is not in service full time. The 24 hour lease gives one driver full control of the vehicle 24 hours per day.
The driver does not turn the vehicle over to another driver at the end of a 12 hour period, as drivers with 12 hour leases must. A single driver is not able to keep a vehicle in service 24 hours a day due to legal and practical reasons. When a taxicab has a Los Angeles permit and a 24 hour lease, the impact on availability is compounded. The following breakdown of leases offered to drivers by company in 2012 provides a breakdown of 24 hour leases vs. 12 hour leases. On any given day, the 300 taxicabs 1 10.E.e
Packet Pg. 237 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code permitted in Santa Monica are available approximately 1,340 hours less than if all vehicles were on 12 hour leases. The chart below provides data collected in 2012 that demonstrates the effects of the full time vs. part time lease arrangements.
Franchisee
Total
Taxicabs
Awarded
24 Hour
Lease
Daily
Hours
Available1
12 Hour
Lease
Daily
Hours
Available
Total Daily
Hours
Available
Bell 58 55 550 3 60 610
ITOA 58 12 120 46 920 1,040
Metro 63 37 370 26 520 890
Taxi! Taxi! 63 10 100 53 1060 1,160
Yellow 58 20 200 38 760 960
Actual Totals 300 134 1,340 166 3,320 4,660
Potential Daily Hours That Would be Available if All Vehicles had 12 hour leases: 6,000 Difference between Actual and Potential Daily Hours Available Due to 24 Hour Leases: 1,340 The Effect of Los Angeles Licensed Taxicabs
The 2008 Nelson/Nygaard study recommended between 210 and 310 taxis for Santa Monica. The lower fleet size assumed all taxis operated exclusively in Santa Monica, while the higher fleet size assumed that the number of jointly-permitted cabs (with Los Angeles) would spend one third of their time in Santa Monica. However, when the terms and conditions were written, no specific requirements were included to address how much time a specific taxicab that was also licensed in Los Angeles would have to devote to the Santa Monica market, nor how many taxicabs must be jointly-permitted vs. Santa Monica-permitted only.
Los Angeles’ 469 square mile area, as opposed to Santa Monica’s 8.3 square mile area, provides more opportunities for drivers to find fares, including popular areas such as Hollywood, City Walk, the Grove, downtown Los Angeles, and Los Angeles International Airport (LAX), where drivers are able to charge a $4.00 surcharge. The 1 By both rules taxicab drivers may not drive more than 10 hours in any given 24 hour period. 2 10.E.e
Packet Pg. 238 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code following table provides the breakdown of Santa Monica taxicabs that were also licensed in Los Angeles from 2012 (which is used to help illustrate the effects of the dual leases).
Franchisee
SM Taxicabs
Awarded
Number That Also
Hold LA Permits
Percent That Also
Hold LA Permits
Bell 58 40 69%
ITOA 58 0 0%
Metro 63 0 0%
Taxi! Taxi! 63 0 0%
Yellow 58 58 100%
Total 300 98 33%
Reporting from 2012 shows that Yellow Cab, which at the time had 100% of its vehicles licensed in Los Angeles, responded to orders for taxicab service within 15 minutes
54.6% of the time and has a high no-load2 rate of 34%. By comparison, this same company responded to calls within 15 minutes for its three Los Angeles service areas between 81.35% to 94.83% of the time3
. Due to the response times, Yellow Cab has
been incrementally converting dual licensed taxicabs to Santa Monica dedicated taxicabs. However, Yellow Cab has faced challenges in getting these vehicles deployed.
The 2008 Nelson/\Nygaard study noted that drivers who held Santa Monica permits but did not hold Los Angeles permits believed it was unfair that Los Angeles companies and drivers were able to both pick up and drop off passengers in Santa Monica while they were within the City limits, allowing them to earn additional revenue; while drivers that were licensed in Santa Monica, but not in Los Angeles could not do the same after dropping a passenger off at a Los Angeles location, since the driver is required to drive 2 No load/No show is reported as trips that are requested and dispatched but not completed. Some taxicab companies include cancellations as no load/no show. There are instances that may cause a trip to be designated as no load/no show; for example, cancellation by passenger, taxicab driver unable to arrive to pick up passenger at designated time, taxicab driver declined to pick up passenger, or taxicab driver arrived at designated location and passenger could not be located.
3 Source: Los Angeles Department of Transportation (LADOT) 2010 Taxicab Performance Report 3 10.E.e
Packet Pg. 239 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code back to Santa Monica to continue working. In addition to the feedback that staff has received from drivers who only operate in Santa Monica, a recent petition that was sent to the City by 19 drivers that do not have Los Angeles permits, made essentially the same complaint.
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Packet Pg. 240 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code
VIA EMAIL
Mr. Salvador Valles
Chief Administrative Officer
Planning and Committee Development
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Taxicab Industry Recommendations for Franchise Updates Dear Mr. Valles,
Thank you for meeting with the taxicab industry on January 8 to discuss the upcoming review of the City’s taxicab franchises.
Thank you also for the opportunity to comment on the franchises and to propose changes to you, in light of the current state of the industry and as housekeeping items in the franchise system.
The signatories to this letter are four out of the five franchised taxicab companies. We have met and discussed the franchises and have put our heads together to come up with a list of changes that we think are fair, sensible, and reflect the realities of the market, while still protecting the taxi-riding public.
Before we explain our recommendations, however, we want to remind the City of the considerable investment our companies have made in the City and in our franchises since they went into effect four years ago. Three of our companies are membership organizations, where individual, hard-working families have had to invest many thousands of dollars of their savings in this business. The other company, Metro Cab, stepped in to bail out a franchise winner who had misrepresented its financial strength in the bidding process, and the City has benefited greatly from its investment. In all, our companies have invested millions of dollars, and in the short time since the franchises began, we have not yet had an opportunity to recoup our investment.
Franchise extension
For this reason, in spite of the market changes brought about by the TNCs, we would respectfully submit to you that the proper decision would be for the City to extend the franchises. Furthermore, in addition to the huge investment our companies have made in the City, extending the franchises would preserve Attachment C
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Packet Pg. 241 Attachment: Attachment E. March 17, 2015 Staff Report (5822 : First Reading of proposed ordinance amending Santa Monica Municipal Code Mr. Salvatore Valles
January 27, 2015