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TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Meeting Date: 06/05/2014  
Subject:    Regulatory Structure for Taxicab Permitting
Submitted For: TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Department: Conservation & Development  
Referral No.: 18  
Referral Name: Taxicab Ordinance Review
Presenter: Timothy M. Ewell Contact: Timothy M. Ewell, (925) 335-1036

Information
Referral History:
On September 5, 2013, the Transportation, Water and Infrastructure Committee received a staff report (Attachment A) regarding the status of a regulatory structure for taxicab permitting within the unincorporated area, pursuant to Government Code § 53075.5 (the “Statute”). At that time, the Committee directed staff to work with the County Administrator’s Office (CAO) to:

  1. Obtain advice from County Counsel regarding the County’s potential risk and exposure for not having a taxicab permitting ordinance or resolution pursuant to the California Code.
  2. Coordinate with the Office of the Sheriff to identify resources and develop a budget for codifying and administrating a taxicab permitting ordinance or resolution.
Referral Update:
Staff Analysis

On November 27, 1962, the Board of Supervisors adopted Ordinance No. 1684 (Attachment B), which established a regulatory structure for taxicab drivers operating within the unincorporated area of the County. Taxicab permits were issued by the County Sheriff after submission of an application and a fee. On May 17, 1983, the Board of Supervisors adopted Ordinance No. 83-18 (Attachment C), which repealed in full the existing taxicab permitting ordinance. It is unclear why the taxicab permitting ordinance was repealed at that time.

After reviewing the current Statute, it has been determined that the County is required to regulate taxicab service for the unincorporated area regardless of necessity. The CAO requested the California State Association of Counties (CSAC) conduct a brief survey of California counties to determine how existing regulatory structures are implemented in unincorporated areas across the State (Attachment D). In brief, five out of seven responding counties identified the County Sheriff’s Office as the lead agency for purposes of implementing the Statute. Of the two counties that did not identify the Sheriff’s Office as the lead agency, one indicated that a countywide transportation authority was the lead agency and one did not have a regulatory structure in place in accordance with the Statute.

To determine the scope of potential taxicab operators with businesses established in the county unincorporated area, the CAO requested that the Treasurer-Tax Collector’s office search for active taxi related business licenses. That query resulted in five active licenses, two of which are located at the same address. Of the five active licenses, two appear to have a business address located in the unincorporated area – one in Pacheco and one in Bay Point.

Proposed Implementation Framework

After reviewing the Statute and the active business licenses within the County, CAO worked with staff from the Sheriff’s Office and Treasurer-Tax Collector to structure an implementation framework to bring the County into compliance with Statute at no additional county cost. Below is an outline of the proposed framework:


Treasurer-Tax Collector

I. Issues general business license to taxi companies operating in the unincorporated area.

II. Notifies applicants of the need to acquire a taxicab permit in jurisdiction where business is located.


Sheriff’s Office

I. Issues Permits to new taxicab operators and businesses located in the County unincorporated area

a. Applicant provides valid business license to operate in the unincorporated area

b. Sheriff facilitates referrals for the California Department of Justice Live Scan and drug testing for permit applicants with businesses established in the unincorporated area, at cost of the applicant.



c. Applicant provides proof of taxicab vehicle inspection conducted by private entity at time of application for a permit, at cost of the applicant.

d. Sheriff to establish a fee for reviewing new applications and annual renewals as part of the Taxicab ordinance


II. Existing taxicab operators and businesses permitted in other jurisdictions within Contra Costa County doing business in an unincorporated area.

a. Ordinance to allow a permit from any other jurisdiction within Contra Costa County to operate a taxicab to be accepted with no further
action required by Sheriff’s Office.


b. Business owner are still responsible for acquiring a business license to operate in the unincorporated area from Treasurer Tax Collector.

Recommendation(s)/Next Step(s):
I. REVIEW the proposed implementation framework related to the regulation of taxicab services within the unincorporated area.

II. PROVIDE feedback to staff regarding the proposed implementation framework.

III. DIRECT staff to begin drafting an ordinance to implement the proposed implementation framework, including establishment of a fee for services
rendered in processing new applications and renewals for a taxicab permit by the Office of the Sheriff.

CONSIDER reviewing the proposed implementation framework related to the regulation of taxicab services within the unincorporated area; PROVIDE feedback; and DIRECT staff to draft an Ordinance to implement the proposed implementation framework, including establishment of a fee for services rendered for processing new applications and renewals for a taxicab permit by the Office of the Sheriff. (Timothy Ewell, County Administrator’s Office)

Attachment A: September 5, 2013, TWIC Staff Report
Attachment B: Ordinance No. 1684 “Taxicab Drivers”
Attachment C: Ordinance No. 83-13 – Taxicab Ordinance Repealed

Attachment D: Taxicab Ordinance Survey Results – CSAC, March 2014
Fiscal Impact (if any):
No fiscal impact.
Attachments
Taxicab Ordinanace Attachment A
Ordinance #1684 Attachment B
Ordinance #83-18 Attachment C
Taxicab Ordinance Survey Results 03/14 Attachment D

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