| Attachment A - Taxicab Task Force Final Recommendtions |
| Mayor Home |
|
1. ISSUE: ESTABLISH A COMMISSION Task Force Recommendation: The Task Force recommends the City Council appoint an independent body to meet as necessary but not less than annually to review taxi rates, the ordinance and other ongoing issues and advise the City Council. The membership of the body should be balanced. This recommendation was adopted 11-0. Administrative Response: The Administration does not support the establishment of an independent commission. In the alternative, the Administration would propose that the Municipal Code be amended to require the Police Department (in coordination with the Airport Department) to submit a report on taxicab operations on an annual basis to the City Council via the appropriate Council Committee. It is also recommended that meetings be held every three months with representatives of the taxicab industry, downtown businesses, labor, and the Conventions & Visitors Bureau to identify and resolve customer service-related issues. Progress on these issues shall be included in the proposed annual report. Discussion: The Administration believes the current method of regulatory oversight by the Police Department is effective and appropriate. The Administration is concerned that an independent body would result in an unnecessary layer of review and require additional staff support that could otherwise be utilized to enhance existing regulatory oversight in the Police Department. At present, one officer is responsible for monitoring ten taxicab companies with over five hundred drivers and taxi vehicles. The Administration believes that augmenting staff resources in the Police Department will have greater impact on the resolution of on-going operational issues than the appointment of an independent body. For these reasons, the Administration does not support the Task Force’s recommendation. However, in consideration of the issues raised by the Task Force, the Administration would propose that the Municipal Code be amended to require a report on taxicab operations be submitted to the City Council on an annual basis. This report could include, but not be limited to:
The Administration would also recommend that meetings be held every four months with affected stakeholders to identify, discuss and develop solutions to customer service-related issues. These issues would be included in the proposed annual report and reported to the City Council. The Task Force expressed concern with two issues: the need for a public forum to discuss industry issues and an annual review of the fees and charges associated with the program. The Administration’s proposal for an annual report would allow these issues to be addressed without requiring a change to the existing regulatory framework. 2. ISSUE: LIMIT THE NUMBER OF CABS Task Force Recommendation: The Task Force recommends the public convenience and necessity provision remain in the City ordinance but the purview for determining necessity and convenience be transferred from the Police Department to the City Council or an appointed body thereof with the opportunity for public input. This recommendation was adopted 9-0. Administrative Response: The Administration recommends no change to Municipal Code Section 6.64.230 that provides the Chief of Police the authority to issue taxicab licenses and to approve additional vehicles under the initial taxicab license. The Administration also recommends that the number of "off-Airport" taxicabs continue to be limited only by market supply and demand and that the number of "on-Airport" vehicles be subject to the provisions of the Airport concession agreement. Discussion: The basis for this recommendation of the Task Force was to address concerns that the increased availability of cabs negatively affects the income of taxicab drivers. While this is an important issue, limiting the number of cabs will not necessarily result in an increase in driver wages. In the eight years between 1992 and 2000, the number of City-permitted taxicab companies dropped from 11 to 10 and the total number of permitted taxicab drivers dropped from 576 to 475. If the assumption of the Task Force was correct, the drivers would have received higher wages as a result of this decrease. However, as the testimony to the Task Force indicates, this was not the case. The Administration is concerned that any proposal to limit the number of "off-airport" taxicabs, (those that are not subject to the Airport concession agreement), would negatively impact the industry’s ability to provide an appropriate level of service. As one of two primary goals for regulating the industry, it is vital to the welfare of the City that an adequate level of service is maintained. The following is a summary of the ratio of cabs to the City population that was published in the December, 1998 issue of Governing magazine.
As noted, the number of cabs in San Jose is already below other comparable jurisdictions and service demands are continuing to increase. During those same eight years at the Airport alone, the number of trips has increased from 128,750 trips annually to 448,296 annually. The three major taxicabs have indicated that the existing fleet is insufficient to meet current demands for service. Given this, the Administration cannot support a recommendation to limit "off-Airport" taxicabs. On the other hand, the Administration does recommend that the number of taxicabs authorized to serve the Airport ("on-Airport" vehicles) continue to be subject to the agreed upon provisions of an Airport concession. Prior to 1994, the Airport had an open taxi system and it experienced substantial customer service and curbside management problems including:
Previous attempts at voluntary controls and agreements between companies (or between the industry and the Airport) have not proven to be successful. Since implementing the concession agreement process, customer service complaints regarding appearance, service levels and vehicle appearance, have been significantly reduced-in large part, due to the ability to directly address these issues with one manager per concession. Even while the entire City, including the Airport, needs more cabs and drivers, Airport customer service levels have been improved and complaints were reduced to under 20 written complaints per year through the use of the concession agreement provisions and controls. The concern for the Administration at the Airport is not necessarily to limit how many companies operate at the Airport, but rather, to ensure that those that do operate at the Airport do so in a manner that is consistent with efficient Airport operations and quality customer service for Airport visitors. The Administration is willing to explore expanding the number of companies authorized to serve the Airport as part of the upcoming Request for Proposal Process for a new Airport Concession Agreement; however, any such expansion must be predicated on the ability to maintain the level of efficient operation and quality customer service that has been achieved as a result of the transition to the Airport concession agreement management model. 3. ISSUE: CLARIFY WHO IS RESPONSIBLE FOR THE REGULATORY OVERSIGHT OF THE INDUSTRY Task Force Recommendation: The Task Force agreed by consensus that the recommended independent body should have principal responsibility for making industry-related regulatory recommendations to the City Council. Administrative Response: The Administration recommends that regulatory oversight continue to fall within the purview of the San Jose Police Department. Discussion: see Administrative Response to Regulation Item 1 on page 1. 4. ISSUE: ESTABLISH A PROCESS TO EVALUATE DEMONSTRATED NEED AND NECESSITY FOR NEW TAXI APPLICANTS Task Force Recommendation: The Task Force agreed by consensus that its recommendation that an independent body should be responsible for recommending for City Council adoption of a process with public input, measurement and methodology to evaluate need and necessity. Administrative Response: The Administration does not support a limit to the number of cabs and consequently, does not recommend that a process to evaluate need and necessity be established. Discussion: see Administrative Response to Regulation Item 2. 5. ISSUE: REQUIRE NEW CAB COMPANIES TO BE APPROVED BY THE CITY COUNCIL Task Force Recommendation: The Task Force agreed by consensus that its recommendation to establish a process with public input to evaluate need and necessity addresses this issue. Administrative Response: The Administration recommends that authority to approve new cab companies remain a function of the Police Department. Discussion: see Administrative Response to Regulation Item 2. 6. ISSUE: REVIEW THE PROCESS FOR HOW INFRACTIONS ARE HANDLED Task Force Recommendation: The Task Force recommends the City review the process for how infractions are handled and provide more clarity around what constitutes an infraction. The Task Force also recommends the City amend Section 6.64.640C of the current ordinance to clarify that suspension or revocation will not take effect until all administrative appeals have been exhausted, except in cases where there is an immediate hazard to public safety, health or welfare. In addition, the Task Force recommends the City include fairness and appropriateness of fines in the review of how infractions are handled. Both recommendations were adopted by strong consensus. Administrative Response: The Administration recommends that the Ordinance be amended to include a provision that drivers and company owners be afforded five business days to fix any mechanical or other violation prior to taking action to suspend or revoke the license or driver’s permit or before issuing an Administrative Citation provided that the violation does not constitute intentional misconduct or pose a threat to public safety, health or welfare. Discussion: Under the current ordinance, a taxicab license or taxicab driver’s permit cannot be revoked or suspended until after the owner or driver has been given notice of the grounds for the proposed action and a hearing before the Chief of Police. The suspension or revocation only takes effect if the Chief of Police renders a decision upholding the proposed revocation or suspension. The owner or driver thereafter has a right to an appeal hearing before the Appeals Hearing Board. The only exception to this procedure is when the Chief issues an emergency suspension order. The Chief of Police may issue an emergency order suspending a taxicab license or a taxicab driver’s permit for a period not exceeding ten days without conducting a prior hearing if the Chief determines that the continued use of the license or permit will cause an immediate hazard to the public safety, health or welfare. The Chief must provide a hearing for the owner or driver to show cause why the license or permit should not be suspended or revoked within ten days of the effective date of the emergency suspension order. The Department also uses the Administrative Citation procedure as an alternative to the license and permit suspension/revocation procedure to deal with the majority of violations which are minor, nonemergency violations of the ordinance. The Administration further recommends that the Department be authorized to issue an "Opportunity to Correct Notice" to the owner or driver affording them five business days to make the required correction without incurring further action against the license or permit for minor violations that are not an immediate threat to the public safety, health and welfare. If the violation is not remedied within the required time limit, the Administration recommends that the City continue to utilize either the established suspension or revocation procedure described above, or issue an Administrative Citation. The Administrative Citation provides for prior notice and a hearing before a hearing officer. If the hearing officer upholds the citation, then the violator must pay a fine set by resolution of the City Council. The Department has found this to be a relatively quick and efficient way of dealing with minor, factually uncomplicated violations of the ordinance. As indicated in the response to Regulation Item #1, the Administration is recommending an annual review be conducted to analyze the frequency, nature and resolution of violations to address the Task Force’s concern regarding potential fairness or equity issues. 7. ISSUE: ALLOW UNION INSIGNIAS/STICKERS TO BE DISPLAYED ON TAXIS Task Force Recommendation: The Task Force was unable to reach consensus on this issue. A motion against allowing only union insignias/stickers to be displayed on taxicabs was defeated 5-4. A motion allowing only union insignias/stickers to be displayed on taxis was defeated on a 5-5-tie vote with one abstention. Administrative Response: The Administration recommends that criteria be established to regulate all display material on taxicabs including insignias, stickers and advertising collateral. Such regulation should address size, placement, and safety issues. Discussion: Historically, the City has not allowed any type of advertising or display material on local taxicabs. However, in surveying other jurisdictions, this is not common practice. In light of the industry’s request, the City is willing to allow display materials to be posted on taxicabs. However, this issue requires additional review to address issues of safety and access. Consequently, it is recommended that the Police Department work with representatives of the taxicab industry, the Airport, the Conventions Arts & Entertainment Department, the Office of Equality Assurance, the City Attorney’s office and the Convention Visitors Bureau to establish appropriate criteria and guidelines. 8. ISSUE: CHANGE RULE ON DAILY TRIP-SHEET REPORTS/DO NOT REQUIRE THE DAILY TURN IN OF TRIP SHEETS Task Force Recommendation: The Task Force recommends that SJMC Section 6.64.590 of the current taxi ordinance be amended to require the submission of trip sheets by a driver directly to the Police Department only upon request. (The ordinance currently requires trip sheets to be submitted to taxi owners. The current practice of the City encourages trip sheets to be turned in weekly.) The Task Force also recommends the current ordinance be amended to eliminate the requirement that taxi companies be required to retain trip sheets records for five years. Both recommendations adopted by consensus. Administrative Response: Earlier this year, the Department amended the taxicab licenses and driver’s permits to clarify that SJMC Section 6.64.690 allows taxi drivers to submit their daily reports on a weekly basis. Discussion: The ten licensed taxicab companies usually collect their fees on Monday of each week. To coincide with this, the licenses and permits were amended earlier this year to add a condition to allow drivers to drop off daily reports along with fees once a week. The Administration recommends that this practice remain in effect. The Administration also recommends that the City maintain the five-year requirement to retain trip sheets. These documents may provide a source of information for any subsequent investigation of a crime that may have involved a taxicab driver or passenger. 9. ISSUE: REQUIRE OWNERS AND DRIVERS TO MAINTAIN CURRENT RECORDS Task Force Recommendation: The Task Force recommends that SJMC Section 6.64.420 of the current taxi ordinance be amended to require drivers and owners to maintain current contact records for a period of five years. Recommendation adopted by strong consensus. Administrative Response: The Administration recommends that Municipal Code Section 6.64.420 which requires owners to maintain current records on drivers for a period of five years remain in effect. As an incentive to owners to fulfill this obligation, the Administration also recommends that the Ordinance be amended to clarify that failure to maintain current records for drivers, regardless of whether they are considered to be employees of the licensee or independent contractors, constitutes a violation of the owner’s license. Discussion: The Administration believes that the owners, as the official licensee, should be responsible for maintaining current records on all drivers operating cabs under the owner’s license. 10. ISSUE: CLARIFY WHEN A CUSTOMER IS PERMITTED IN THE FRONT SEAT OF A TAXI Task Force Recommendation:The Task Force recommends that section 6.64.310(B) of the current taxi ordinance be amended to provide greater clarity on the circumstances when a passenger may sit in the front. Recommendation adopted by strong consensus. Administrative Response: The Administration will work with the City Attorney’s office to clarify this provision. Discussion: Earlier this year, the Police Department, in conjunction with the City Attorney’s office, provided written clarification to taxi owners/drivers on this issue. In essence, only those individuals who are either a paying customer (who for physical reasons can ride with greater comfort in the front seat) or who are accompanying the driver for training purposes, shall be allowed to sit in the front seat while the taxicab is in motion. The number of passengers shall be limited to the number of operational seat belts available in the taxicab. The Administration recommends that the City Attorney’s office develop appropriate language for incorporation into the City’s Municipal code. 11. ISSUE: CLARIFY THE MAINTENANCE REQUIREMENTS FOR VEHICLES/EQUIPMENT AND VISIBLE DAMAGE STANDARDS ("VISIBLE FROM 5 FEET" RULE) Task Force Recommendation: The Task Force recommends that section 6.64.360(B)(3) of the current taxi ordinance be amended for clarification and a written warning process put in place before an infraction is levied. Motion adopted by strong consensus. Administrative Response: The Administration supports the Task Force’s recommendation and will work with the City Attorney’s office to develop language that will clarify the maintenance requirements for vehicles/equipment and visible damage standards. In addition, the Administration also supports the suggestion to amend the Ordinance to include a provision for a written warning process prior to either issuing an Administrative Citation or suspending or revoking the owner’s license or driver’s permit. Discussion: Additional time is required to develop clarifying language. The Police Department will work with industry representatives and the City Attorney’s office to develop the appropriate language. In addition, a provision will be developed that will allow cab owners five business days to make the necessary repairs or corrections without the payment of a fine, re-inspection fee, taking other punitive action provided that the required repairs do not constitute a threat to public safety. 12. ISSUE: ELIMINATE UNANNOUNCED OFFICE INSPECTIONS AND CLARIFY GENERAL RULES FOR INSPECTION Task Force Recommendation: The Task Force recommends this issue be dropped from further Task Force consideration. Recommendation adopted 7-2 with two abstentions. Administrative Response: The Administration recommends that the practice of unannounced office inspections be maintained. Staff will work with cab owners to review and clarify the rules for inspections. Discussion: While the Task Force dropped this item, the Administration recommends that the practice of unannounced office inspections be maintained as it provides an effective means to monitor compliance. 13. ISSUE: ELIMINATE BEHIND-THE-WHEEL TESTING REQUIREMENTS Task Force Recommendation: The Task Force recommends that the current behind-the-wheel testing requirements remain in place. Recommendation adopted 9-2. Administrative Response: The Administration supports the Task Force recommendation. However, the Administration also recommends that the feasibility and implications associated with outsourcing the behind-the-wheel testing be evaluated. Discussion: Testing is currently conducted by Police personnel. This can be costly and labor intensive. Staff is aware of independent firms that can provide the required training certification. The Administration recommends that further study be conducted to identify any cost or efficiency savings that can be achieved by outsourcing this function. 14. ISSUE: REQUIRE MANDATORY TRAINING FOR NEW DRIVERS Task Force Recommendation: The Task Force recommends a provision be added to the City ordinance that establishes a mandatory training program for new drivers similar to the program in San Francisco. Recommendation adopted 9-0. Administrative Response: The Administration supports amending the Ordinance to require cab owners to offer training programs for new drivers as a condition of their permit. Discussion: The Administration agrees with the suggestion to revise the Ordinance to mandate a driver's training program for taxicab drivers. Under current requirements, taxicab driver applicants must pass a thirty question written test, an additional two-location map test, and a driving test. If taxicab companies provided certification classes, there would be a noticeable decrease in the failure rate of the required taxicab driver applicant test. The Flag-a-Cab taxi school in San Francisco is an example of a training program. This program is designed to help taxicab drivers understand the complexity of their roles as ambassadors for their city. This program is also designed to improve the overall quality of taxicab service and to assist taxicab drivers in developing the specific skills they must use daily in their profession. The training program consists of a minimum of the following course hours: PROGRAM TOPIC-----------------HOURS City Geography----------------------------8 Crime Prevention--------------------------4 Vehicle & Pedestrian Safety----------4 Taxi Rules & Laws------------------------1 California Vehicle Code------------------1 Passenger Relations---------------------8 The Administration recommends that additional review of this program be conducted and if appropriate, a workshop be held with owners to educate them on the availability of this and other comparable programs available to them to help meet the proposed mandatory training program requirement. All proposed training programs should be subject to the approval of the Police Department to ensure that the level and scope of training is appropriate. 15. ISSUE: ALLOW METER INSPECTIONS TO BE VALID FOR ONE YEAR Task Force Recommendation: The Task Force recommends that the City accept the one-year validity of inspections by County Weights and Measures. Recommendation adopted 5-2 with 4 abstentions. Administrative Response: The Administration recommends that the current 90-day requirement be maintained. Discussion: The Administration recommends that the current 90-day requirement be maintained as it is consistent with State requirements for smog, brake and light inspections. 16. ISSUE: REVIEW LIABILITY INSURANCE REQUIREMENTS Task Force Recommendation: The Task Force recommends the Ordinance be amended to identify what City document contains the current minimum insurance coverage (a document currently prepared by the City’s Risk Manager). Recommendation adopted strong consensus. Administrative Response: The Administration recommends that the Ordinance be amended to include language that requires a combined (injury and property damage) minimum insurance coverage of $300,000 or other such coverage as deemed appropriate by the City’s Risk Manager. The Administration recommends that the appropriate insurance requirements be clearly stated on each licensing application. Discussion: Staff surveyed thirteen jurisdictions (11 California cities and 2 out of state cities) . Approximately 1/3 of the California cities surveyed required a combined minimum insurance coverage of $1,000,000 while the majority of other cities required a minimum coverage of $300,000. Those cities with higher requirements tended to be those cities within the Bay Area; however, many of those cities are reviewing these requirements as concerns have been raised by the industry that the cost of such coverage is prohibitive. The City’s Risk Manager has reviewed this information and is satisfied that the recommended combined minimum coverage of $300,000 is sufficient to meet the needs of the City of San Jose. 17. ISSUE: ELIMINATE 25% SURCHARGE FOR ANY DISTANCE 10 MILES OUTSIDE OF THE COUNTY Task Force Recommendation: Apply the surcharge for mileage beginning at the county line and lower the surcharge rate to 15%. Recommendation adopted 11-0. Administrative Response: The Administration supports the recommendation of the Task Force. Discussion: Of the thirteen cities surveyed on this issue, only one jurisdiction (the City and County of San Francisco) has a surcharge for trips outside the City limits. For out of town trips exceeding 15 miles beyond city limits, the fare is generally 150% of the metered rate. The City of Los Angeles discontinued any surcharges in May of this year. In consideration of the traffic congestion in San Jose and the time incurred for out-of-county trips, the Administration is willing to accept the Task Force’s recommendation to apply the surcharge for mileage beginning at the county line and to lower the rate to 15%. However, given that other cities have dropped surcharges, this is an issue that should be monitored and reviewed at a future date. 18. ISSUE: MAKE RETIRED CITY VEHICLES AVAILABLE TO CAB COMPANIES THROUGH SALE/DISPOSITION PROCESS Task Force Recommendation: Make retired city vehicles available through a sale/disposition process to taxicab companies and independent taxi owners licensed to do business in the City of San José. Recommendation passed 11-0. Administrative Response: The Administration recommends no change. Discussion: Disposal of surplus City vehicles is governed by the San Jose Municipal Code. All vehicles are disposed of through an auction process and are awarded to the highest bidder. 19. ISSUE: ESTABLISH RECIPROCAL RECOGNITION OF NEIGHBORING CITIES’ PERMIT AND INSPECTION PROCESSES Task Force Recommendation: The Task Force recommends this item be dropped from further consideration by the full Task Force. Recommendation adopted by strong consensus. Administrative Response: No response required. Discussion: Not applicable. 20. ISSUE: ESTABLISH AN AGE LIMIT FOR TAXI SERVICE VEHICLES Task Force Recommendation: The Task Force recommends this item be dropped from further consideration by the full Task Force. Recommendation adopted 11-0. Administrative Response: The Administration recommends that a seven year/300,000 mile limit be mandated for taxicabs licensed by the City of San Jose. Discussion: San Jose currently does not have an age limit or mileage limit for taxicabs. The majority of owner operated taxicabs are former police vehicles that have been taken out of police service due to high mileage and excessive wear-and-tear. These police vehicles have been stripped of enforcement equipment and sold at auctions. Owner operators and taxicab companies who purchase these vehicles, paint the exteriors, convert the interiors and utilize them as taxicabs. The Administration is concerned that the lack of an age and/or mileage limit may pose a threat to public safety. Consequently, staff conducted a survey of comparable jurisdictions to identify their requirements. The following is a summary of those results:
In the interest of safety and professional public appearance, the Administration recommends that a seven year and 300,000 mile limit be mandated for taxicabs in the City of San Jose. To minimize the financial impact to the cab companies, it is recommended that this requirement have a phased implementation plan as follows: during the first year of implementation, the oldest taxicab in service at renewal date should be no older than nine years of age; during the second year of implementation, the oldest taxicab in service at renewal date should be no older than eight years of age; and during the third year of implementation, the oldest taxicab in service at renewal date should be no older than seven years of age and not have mileage in excess of 300,000 miles. 21. ISSUE: ESTABLISH A MANDATORY UNIFORM OR DRESS CODE FOR DRIVERS (SHIRT WITH COMPANY NAME AND NAME TAGS) Task Force Recommendation: The Task Force recommends the City issue drivers two permits (at no additional charge); one for drivers to wear or carry on their person while operating their vehicles and a second, larger document to be placed in a prominent location inside the taxi for passengers to see. Recommendation adopted 11-0. Administrative Response: The Administration supports issuing two permits; however, recommends that the costs incurred be recouped on a cost recovery basis. Discussion: Currently the Police Department issues driver's permits that must be displayed on the driver's person. A second large document would require additional equipment and staff time. The Police Department suggests a large removable photo identification document laminated with plastic and affixed to the glove box in full view of passengers. The cost associated with the second photo identification should be recouped on a cost recovery basis and incorporated into the driver’s permit fee. 22. ISSUE: IMPROVE CITY MONITORING OF "BANDIT" CABS THAT ILLEGALLY TAKE FARES Task Force Recommendation: The Task Force would like to see greater City resources dedicated to monitoring illegal taxis and higher fines for violations. Recommendations adopted 11-0. Administrative Response: The Administration recommends that the Police Department submit an augmentation proposal to increase staff support for the regulatory oversight of taxicabs as part of the FY 2001-02 budget process. Discussion: Uniformed, patrol beat officers incorporate enforcement of "bandit cabs" in their day-to-day assignment. The Permits officer responsible for the taxicab program monitors "bandit cabs" as time allows. A survey of other jurisdictions to identify allocated staff resources was conducted with the following results: Jurisdiction-----------# of FTE officers-----------# of taxicabs San Jose----------------------------1-------------------------475 San Diego, CA--------------------8-------------------------870 Las Vegas, NV------------------38------------------------1550 San Francisco, CA-------------18-------------------------995 Seattle, WA------------------------8-------------------------643 Anaheim, CA----1 officer plus 10 Code Enforcement officers-800 Columbus, OH--------------------7-------------------------500 San Antonio, TX------------------6-------------------------590 Given this analysis, it is recommended that the Police Department review its existing resources and submit a budget augmentation for additional staffing as appropriate as part of the FY 2001-02 budget process.
1. ISSUE: DEFINE THE TERMS "OWNER," "EMPLOYEE" AND "CONTRACTOR" Task Force Recommendation: The Task Force recommends no revision to the City ordinance on this item. Recommendation adopted 11-0. Administrative Response: While the Administration supports the Task Force’s recommendation that no revision to the City ordinance on this item be made, the Administration does recommend that the ordinance be clarified to make the taxicab licensee responsible for the actions of his or her drivers that violate the ordinance, regardless of whether the drivers are considered employees of the licensee or independent contractors. Discussion: Concerns have been expressed that there is a lack of clarity with respect to the liability of cab owners for violations that occur as a result of drivers who work for the owners as independent contractors. To address these concerns, the Administration recommends that the Ordinance be amended to clarify that the taxicab licensee is responsible for all action of their drivers that violate the ordinance, regardless of whether they are considered by the taxicab owner to be employees or independent contractors. 2. ISSUE: ADDRESS REFUSALS TO PAY FARES AND OPTIONS FOR FARE PAYMENT (CHECKS/CREDIT CARDS, ETC.) Task Force Recommendation: Amend the ordinance to require taxi companies to post notification identifying acceptable methods of payment in a location visible to the customer upon entry into the vehicle. Recommendation adopted 11-0. Administrative Response: The Administration supports the recommendation of the Task Force and would suggest that the Ordinance also include language that encourages taxi companies to accept credit cards as a means of providing better customer service. Failure to accept credit card payment when acceptance is posted shall constitute a violation and may be cause for sanctions. Discussion: Many business travellers prefer to pay for cab fares via credit cards. However, some taxicab companies have expressed concerns regarding the difficulties associated with accepting credit card payments. Posting notification identifying acceptable methods of payment in a location visible to the customer upon entry will afford the customer maximum flexibility in choosing an appropriate vehicle while respecting the cab company’s right not to accept credit card payments. Should a cab fail to accept a credit card payment when acceptance is posted, such failure shall constitute a violation of their permit and may be cause for sanctions. 3. ISSUE: CLARIFY ISSUES RELATED TO THE REFUSAL TO TAKE FARES/DUTY TO PROVIDE SERVICE Task Force Recommendation: The Task Force recommends no revision to the City ordinance on this item. Recommendation adopted 11-0. Administrative Response: The Administration supports the Task Force’s recommendation. Discussion: The only grounds for refusing a fare is when a customer does not appear to be in a sober or orderly manner or if the service is requested for an unlawful purpose. Failure to accept a fare for any other reason is a violation of the Ordinance. There has been some confusion regarding whether or not an owner could take disciplinary action against drivers who are independent contractors who refuse to pick up dispatched fare calls. As indicated earlier, the Administration recommends that the Ordinance be amended to clarify that owners are responsible for the action of their drivers that violate the Ordinance regardless of the contractual relationship between the driver and the company. This would encourage companies to place terms and conditions in their independent contractor agreements with their drivers that would give them the ability to discipline drivers for violations of the Ordinance. 4. ISSUE: CLARIFY "CUSTOMARY BAGGAGE" AND WHAT IS A REASONABLE CHARGE FOR CUSTOMARY BAGGAGE Task Force Recommendation: The Task Force recommends no revision to the City ordinance on this item. Recommendation adopted 11-0. Administrative Response: No response required. Discussion: Not applicable. 5. ISSUE: REVIEW INFORMATION REQUIRED ON TAXI RECEIPTS (FARE RECEIPTS) Task Force Recommendation: The Task Force recommends that the current City ordinance be revised to require that a receipt be given to each customer, whether or not requested. Recommendation passed 10-0 with one abstention. Administrative Response: The Administration supports the Task Force recommendation that receipts be given to each customer, whether or not requested. Discussion: The Administration supports the recommendation that receipts be given to each customer, whether or not requested. According to San Jose Municipal Code Section 6.64.340, the driver of any taxicab shall give any passenger that requests a receipt for the fare paid. The receipt shall contain:
To ensure quality customer service, the Administration supports the automatic distribution of fare receipts to customers. 6. ISSUE: ESTABLISH A FULL USE REQUIREMENT FOR TAXIS (WHAT IS THE MINIMUM NUMBER OF PASSENGERS THAT ARE REQUIRED TO USE A TAXICAB?) Task Force Recommendation: The Task Force recommends the current City ordinance be revised to define full use as a 4-door vehicle or van that is capable of accommodating three passengers comfortably in the rear seat. This recommendation was adopted 11-0. Administrative Response: The Administration recommends that the Municipal Code be amended to include the definition of "full-size" American rental cars as the appropriate vehicle size for cabs in San Jose and that this definition be placed under the ordinance provision governing the physical requirement for taxicabs rather that the definition of full-use. Discussion: According to Municipal Code Section 6.64.280, any person who hires a taxicab shall have the exclusive right to use the entire taxicab. There shall not be additional charges for any of the person's companions or personal belongings. The Administration recommends that the current standards and size measurements of "full size" American rental cars be adopted as an appropriate vehicle size for taxicabs in the City of San Jose. Full size standards should be consistent with Hertz, Avis, National, and Enterprise rental car corporations. It is also recommended that the language of the recommendation be placed under the ordinance provision governing the physical requirements for taxicabs as the size of the vehicle does not actually address the issue of what constitutes the full use of a cab.
1. ISSUE: REVIEW METER RATES: COST OF LIVING VS. HOURS WORKED (WAGE/INCOME) Task Force Recommendation: The Task Force recommends that the current ordinance be amended to contain provisions that meter rates be tied to the cost-of-living and other industry factors. In addition, the meter rates should be reviewed on at least an annual basis and there should be "emergency criteria" (e.g., gas prices) for reviewing rates in between annual reviews. One basis for review would be the cost of competitive transportation. Recommendation adopted strong consensus. Administrative Response: The Administration recommends that the current process for determining fees be maintained with the exception that the annual rate setting process be incorporated into the annual report on taxicab operations. Discussion: As indicated earlier, staff conducted a survey of 13 comparable jurisdictions. In general, the rates of fare for cities surveyed are primarily based on rates charged by other comparable cities in their region. No city surveyed reported "hours worked" as a factor in determining rates of fare. Increases in the cost of living as indicated by various Consumer Price Indexes are considered by most cities; however, there is no exact formula. Attached as Exhibit B is a comparison of rates of fare. This rate comparison outlines special fares, flag drop rates, per mile rates, and wait time rates for all the cities surveyed. To facilitate a comparison, a five-mile trip with two minutes waiting time was calculated for each city. San Jose’s airport rate remains the highest of cities surveyed. San Jose’s non-airport rate is competitive for the Bay Area, falling just slightly below the neighboring cities of Mountain View and Sunnyvale. Based on this information, the Administration recommends that the existing fee calculation process remain in effect. 2. ISSUE: ESTABLISH MINIMUM FARES AT THE AIRPORT FOR SHORT FARES Task Force Recommendation: There should be a minimum fare of $10 out of the Airport. Recommendation adopted 9-1 with one abstention. Administrative Response: The Administration does not support a minimum fare out of the Airport. In the alternative, the Administration would recommend that Airport staff work with the concessionaires to develop and implement other options to compensate for short fares. Discussion: The Administration has concerns regarding the institution of a minimum flat rate fare for Airport customers. These concerns are:
The Airport is willing to work with the concessionaires if they choose to implement any of the options utilized by taxicab companies at other airports. Some of the options used by companies elsewhere include allowing short fare cabs back into the pick-up line (rather than to the back of the staging line), granting expense vouchers, crediting of company fees or cab leases, establishing short fare staging areas, etc. Any of these options could be adopted by the current concessionaires or proposed through the upcoming Request for Proposals process.
1. ISSUE: REVIEW FEES THE CITY CHARGES TO DRIVERS FOR PERMITS AND INSPECTIONS Task Force Recommendation: The Task Force recommends the Council review taxi-related fees. This recommendation was adopted by consensus. Administrative Response: The Administration supports this proposal and would recommend that this issue be incorporated into the annual review of taxicab operations. Discussion: Fees and charges are already subject to Council review on an annual basis. Fees are set on actual cost recovery basis as follows: Taxicab company: Owner & Restricted Owner - $1,374.00 -(new, one-time) Taxicab Company Permit - $48.00 - (per taxi, per year) Driver Driver Operator - $104.00 - (new & renew every 2 years) Re-inspection & Missed Inspection - $49.00 Re-test and missed tests - $72.00 In addition to these fees, each driver and owner must pay for their applicable City business license fee. In light of the Task Force’s recommendation, the Administration recommends that the methodology used in setting the annual rate be included in the proposed annual report to allow for specific Council review. 2. ISSUE: REGULATE THE FEES CHARGED BY OWNERS TO INDEPENDENT DRIVERS Task Force Recommendation: The Task Force recommends no further action be taken on this issue. Recommendation adopted 9-0 with two abstentions. Administrative Response: No action required. Discussion: Not applicable. 3. ISSUE: INCLUDE FEES CHARGED BY THE CITY IN METER INCREASES TO ALLOW DRIVERS TO RECOUP THE COSTS OF CITY FEE INCREASES. Task Force Recommendation: The Task Force recommends no further action be taken on this issue. Recommendation adopted by consensus. Administrative Response: No action required. Discussion: Not applicable.
1. ISSUE: SPECIFY THE GROUNDS FOR DENIAL OF PERMITS FOR FAILING TO MAINTAIN A DRUG TESTING PROGRAM Task Force Recommendation: The Task Force recommends no action be taken on this item. Recommendation adopted by consensus. Administrative Response: The Administration recommends that the Municipal Code be amended to meet the requirements of State and Federal law concerning drug and alcohol testing of drivers. It is recommended that failure to take or to pass a drug or alcohol test shall be grounds for denial, suspension, or revocation of a driver’s permit. Discussion: The regulations and legislation noted are currently in effect; however, the City’s Municipal Code does not reference these items. The Administration recommends that the Municipal Code be amended to reflect these State and Federal requirements. It is also recommended that failure to take or to pass a drug or alcohol test shall be grounds for denial, suspension, or revocation of a driver’s permit. 2. ISSUE: REVIEW THE ADMINISTRATION OF THE DRUG TESTING PROGRAM (WHO SHOULD MONITOR AND HOW IT SHOULD BE IMPLEMENTED) Task Force Recommendation: The Task Force recommends the current City ordinance be amended to include a provision that requires taxi companies to review drug-testing guidelines with their drivers until the drivers are clear about the testing procedures. Recommendation adopted by consensus. Administrative Response: The Administration supports the recommendation of the Task Force and would recommend that such a provision be included and made a condition of the cab owners license. Discussion: The Administration supports the Task Force’s concern that owners should demonstrate responsibility for ensuring that their drivers are aware of drug-testing guidelines and testing procedures. As such, the Administration would recommend that the Municipal Code be amended to include a provision requiring owners, as a condition of their license, to obtain written acknowledgement from each employee that they have been advised of the appropriate drug-testing guidelines and testing procedures.
1. ISSUE: REQUIRE ANIMALS, OTHER THAN SERVICE ANIMALS (SEEING EYE DOGS, ETC.) TO BE CAGED WHILE IN CABS Task Force Recommendation: Recommend City ordinance be amended to reflect the current City practice of allowing the driver to decide if an animal should be caged based on safety considerations. Recommendation adopted 9-0. Administrative Response: The Administration recommends that all animals (excluding those used under the Americans with Disabilities Act) be placed in an appropriate cage or travel carrier while riding in a taxicab. Discussion: The safety of the taxicab should be the driver’s priority. As such, the Administration supports the proposal to require all animals (other than service animals) to be caged while being transported in a taxicab. Failure to accept a fare from a person aided by a service animal shall be a violation of the Ordinance. 2. ISSUE: ADDRESS CLEANLINESS OF CABS Task Force Recommendation: The Task Force recommends the City significantly increase its enforcement of Section 6.64.360.B of the current ordinance provision. Recommendation adopted by consensus. Administrative Response: The Administration recommends that the vehicle standards for the cleanliness of cabs be amended and that a budget proposal to augment staff to increase enforcement be submitted by the Police Department as part of the FY 2001-02 budget process. Discussion: Staff recommends that the Municipal Code be amended to provide additional clarity as to vehicle standards. After reviewing standards in other jurisdictions, staff recommends that the standards listed in the King County, Seattle, Washington Operating Rules and Regulations be incorporated into the City of San Jose Ordinance. A copy of these standards is attached as Exhibit C. 3. ISSUE: ENCOURAGE GREATER DRIVER ATTENTION TO HYGIENE AND COURTESY Task Force Recommendation: The Task Force recommends the City ordinance be amended to include the wording from paragraphs B and C of section 6.310.465 of the City of Seattle taxi ordinance. These sections provide more detailed descriptions of what constitutes driver hygiene. Recommendation adopted 9-0. The Task Force also recommended the City ordinance be amended to include paragraph D of section 6.310.465 of the Seattle ordinance, which provides a more detailed description of courteous service. Recommendation adopted 9-0. Administrative Response: The Administration supports amending the City’s ordinance as noted below. Discussion: The Administration would recommend that the following provisions of the King County, Seattle Operating Rules and Regulations be incorporated into the City’s ordinance: The Police Department prefers King County's regulations For-Hire Driver Operating Rules and Regulations. The Police Department's position is to incorporate the language of (Section K.C.C. 6.64.680- Driver/Passenger Relations Standards) of the King County, Seattle Operating Rules and Regulations, into an amended city ordinance. Applicable sections A. through B; (A) A driver shall wear suitable clothes that are neat and clean, and the driver shall be well groomed at all times while on duty. The term "well groomed" shall refer to that state of personal hygiene, body cleanliness and absence of offensive body odor normally associated with bathing or showering on a regular basis, and shall mean that hair is neatly trimmed, beards and mustaches groomed and neatly trimmed at all times in order not to present a ragged appearance, and scalp and facial hair combed and brushed. The term "neat and clean" as it relates to clothes shall mean that al clothing is clean, free from soil, grease and dirt and without unrepaired rips or tears. The term "suitable clothes" shall mean full-length pants, collared shirt, and shoes. It shall not be permissible for any driver to wear as an outer garment any of the following " undershirt or underwear, tank-tops, body shirts, see-through mesh, swimwear, jogging or warm-up suits, or sweatshirts, or similar attire, shorts, or trunks (jogging or bathing), sandals, or any similar clothing. (B) A driver shall provide his/her customer with professional and courteous service at all times.
1. ISSUE: REVIEW SENIOR CITIZEN DISCOUNTS AND SHORT FARES Task Force Recommendation: There are two recommendations because Task Force members believe these could be two different issues. Senior Discounts - The Task Force recommends eliminating the City fare resolution wording allowing taxicab companies serving subsidized fares (e.g., clients of para-transit providers such as Outreach and Escorts) to provide a senior/disabled discount greater than 15% of the total regular fare and place a discount ceiling of no more than 10%. Recommendation adopted 8-0 with one abstention. Short fares - The Task Force recommends this item be dropped from further consideration. Recommendation adopted 9-0. Administrative Response: The Administration supports the recommendations of the Task Force, but also recommends that the availability of discounted fares be included in the posting of acceptable methods of payment to be placed on the taxicabs to increase awareness. Discussion: Of the thirteen cities surveyed on this issue, most reported that discounted fares for senior and disabled populations are not required; their municipal codes allow taxicab operators to provide discounts at their discretion. However, in reality, the taxicab operators do not provide discounts. About half of the cities surveyed cited county para-transit programs that provide vouchers for these populations. Given the availability of para-transit programs in the San Jose area and the interest of the Task Force to increase the competitiveness of taxicab operators to bid for para-transit services, the Administration recommends that the discount ceiling be reduced to 10%. However, in recognition of the concerns of the Disability Advisory Commission, the Administration also recommends that notification of the availability of the discount be included in the posting notice to be placed in taxicabs related to the acceptable means of fare payment in an effort to increase community awareness of the available discount. 2. ISSUE: ESTABLISH WHEELCHAIR REQUIREMENTS FOR TAXI COMPANIES Task Force Recommendation: The Task Force recommends amending the current ordinance to require that 5% of the fleet of each taxicab company be wheelchair-accessible and on the street at all times. Recommendation adopted 9-0. Administrative Response: The Administration supports the Task Force recommendation, but would propose that the requirement have a seven-year phase-in implementation plan. Discussion: The Administration supports the concept of increase accessibility; however, requiring 5% of the fleet to be wheelchair accessible immediately may result in a significant financial burden to cab companies. As such, the Administration would recommend that the requirement be implemented over a seven year period to coincide with the age limit on vehicles. As vehicles are retired, replacement vehicles would be required to have wheelchair accessibility until such time as the 5% requirement was met. 3. ISSUE: ESTABLISH A PROGRAM TO WAIVE CITY FEES TO ENCOURAGE MORE WHEELCHAIR-ACCESSIBLE TAXIS Task Force Recommendation: The Task Force recommends that the City waive fees (permit, vehicle inspection, driver permit, etc.) related to obtaining and maintaining wheelchair-accessible vehicles. Recommendation adopted 9-0. Administrative Response: The Administration recommends the phased-in implementation of the wheelchair-accessibility of vehicles to offset the increased costs rather than a waiver of City fees. Discussion: While the Administration is open to providing incentives to the companies to increase their wheelchair accessibility, it does not support a waiver of fees. Fees are set on a cost recovery basis and are used to offset the cost of regulatory oversight. Should the fees be waived, this would result in an increased burden on the City’s general fund. The City has a policy that regulatory oversight should be paid for (to the extent possible) on a cost recovery basis. As such, the Administration recommends that alternative incentives should be explored. 4. ISSUE: ENCOURAGE THE FREE MOVEMENT OF WHEELCHAIR TAXIS WITHIN SANTA CLARA COUNTY AND BETWEEN SANTA CLARA COUNTY AND OTHER COUNTIES Task Force Recommendation: The Task Force recommends the City Council direct staff to work with other Santa Clara County cities to encourage the ability of wheelchair-accessible taxis to operate freely throughout the County. This action may result in an amendment to the current ordinance. Recommendation adopted 9-0. Administrative Response: The Administration does not support the free movement of taxicabs of cabs not licensed and inspected by the City of San Jose. Discussion: The primary concern is to maintain public safety. As such, the Administration has strong reservations regarding the proposal to allow wheelchair-accessible taxis to operate freely throughout the County. Free movement could raise issues regarding the safety of vehicles and driver training. For this reason, the Administration recommends that only vehicles that have been licensed by the City of San Jose be allowed to operate within our jurisdiction. The Administration is willing, however, to explore the feasibility of encouraging other jurisdictions to honor City of San Jose inspection certification to reduce duplicate certification efforts. 5. ISSUE: REVIEW OVERALL TAXI SERVICES TO THE DISABLED Task Force Recommendation: Based on its previous recommendations on taxi service for the disabled, the Task Force recommends no further action on this item. Recommendation passed by consensus. Administrative Response: No action required. Discussion: Not applicable. 6. ISSUE: ALLOW THE USE OF DISABLED PARKING TO PICK UP AND DROP OFF SENIOR AND DISABLED PASSENGERS Task Force Recommendation: The Task Force recommends no action on this item. Recommendation adopted by consensus. Administrative Response: No action required. Discussion: Not applicable. 7. ISSUE: ESTABLISH ACCESSIBLE AND IDENTIFIABLE WHEELCHAIR PICKUP AND DROP OFF LOCATIONS AT THE AIRPORT Task Force Recommendation: The Task Force recommends the City Council consider identifying locations at the Airport for disabled for drop off and pick up. Recommendation adopted 9-0. Administrative Response: The Administration supports the Task Force’s recommendation and would also recommend that appropriate signage to identify accessible pick-up and drop-off location be established in any curbside or roadway modifications made during the Airport Master Plan Process. Discussion: The Administration supports this recommendation. Currently, the Airport has disabled access curb cuts in all taxicab loading and unloading areas. In addition, taxicabs can coordinate with Parking Control Officers (PCO’s) to arrange for curbside pick-up of disabled or senior persons. To ensure access throughout the Airport Master Plan implementation process, the Administration would recommend that appropriate signage be developed to properly direct passengers to accessible pick-up and drop-off locations. 8. ISSUE: ENCOURAGE DRIVERS TO BE AWARE OF DISABLED ISSUES AND REQUIRE DRIVERS TO TAKE SENSITIVITY TRAINING AS WELL AS TRAINING ON THE AMERICANS WITH DISABILITY ACT Task Force Recommendation: The Task Force recommends the current City ordinance to require all cab drivers to receive sensitivity training on the Americans with Disability Act before driving a cab. Recommendation adopted 9-0. Administrative Response: The Administration supports this recommendation. Discussion: The Administration recommends that this type of training be included in the proposed mandatory training program requirement referenced in Issue 14, Regulation. 9. ISSUE: MAKE MORE TAXIS OR VAN TRANSPORTATION SERVICES AVAILABLE TO THE DISABLED COMMUNITY Task Force Recommendation: Based on its previous recommendations on taxi service for the disabled, the Task Force recommends no further action on this item. Recommendation passed by consensus. Administrative Response: No response required. Discussion: Not applicable. 10. ISSUE: INSTALL RAISED AND BRAILLE LETTERING ON ALL TAXI VEHICLES IDENTIFYING THE TAXI COMPANY AND VEHICLE NUMBER. Task Force Recommendation: The Task Force recommends the City ordinance be amended to require all taxi vehicles to contain raised and Braille lettering inside or on the door of all taxi vehicles. The lettering would identify the taxi company and number of the vehicle and would be installed to meet the appropriate standards of the Americans with Disability Act. Recommendation adopted 9-0. Administrative Response: The Administration supports this recommendation and refer the issue of appropriate placement to the broader discussion of regulating display materials on the taxicabs. Discussion: This issue should be addressed within the broader context of regulating display materials on taxicabs in order to maintain consistency.
1. ISSUE: OPEN THE AIRPORT CONCESSION TO MORE/ALL COMPANIES Task Force Recommendation: The Task Force recommends that the City Council appoint an independent body to evaluate the Airport concession service. The evaluation would include how other airports handle taxi concessions as well as the impact on taxi service to San José neighborhoods if the concession were broadened to include more companies. This recommendation was adopted 7-3. Administrative Response: The Administration does not support this recommendation. Discussion: The Administration believes that the appropriate forum for reviewing the Airport concession service is through the Request for Proposal process. This process is reviewed and approved by the City Council and allows for public input. It is the opportunity for all taxi companies to compete for the Airport’s on-demand taxi business and to show that their service levels are capable of meeting the needs of the Airport’s customers. Nevertheless, as stated earlier, the Administration is willing to explore expanding the number of companies authorized to serve the Airport as part of the upcoming Request for Proposal Process for a new Airport Concession Agreement contingent upon the requirement that the level of efficient operation and quality customer service that has been achieved as a result of the transition to the Airport concession agreement management model be maintained. 2. ISSUE: MOVE FREE SHUTTLES CLOSER TO TAXI ISLANDS TO ENCOURAGE "SHORT" FARES TO HOTELS TO USE FREE SHUTTLES OR ALLOW TAXI COMPANIES TO CHARGE A FLAT RATE FOR SHORT FARES. Task Force Recommendation: The Task Force adopted a recommendation that a minimum flat-rate of Ten Dollars ($10) be charged for short fares. This recommendation was adopted on a 7-2 with 2 abstentions. Administrative Response: The Administration does not support a minimum short fare. Discussion: See response to Issue #2, Fares & Income. 3. ISSUE: REVIEW GENERAL TRAFFIC CONGESTION AT AIRPORT Task Force Recommendation: By consensus, the Task Force decided that no action needed to be taken on this item. Administrative Response: The Administration supports the Task Force’s recommendation. Discussion: Airport staff is, and will continue to, review traffic issues, both on an on-going basis as well as with any development changes that will occur with the implementation of the Airport Master Plan. 4. ISSUE: REVIEW CUSTOMER WAIT TIMES AT AIRPORT IN OFF-PEAK HOURS WHEN A NUMBER OF PLANES ARRIVE ALL AT ONCE (INCLUDING THE NUMBER OF COMPLAINTS.) Task Force Recommendation: By consensus, the Task Force decided that no action needed to be taken on this item since this issue was addressed in the recommendation for Airport issue number 1. Administrative Response: While no recommendation was made by the Task Force, the Administration is working to address this issue. Discussion: The Administration recognizes the need to address concerns in this area. Airport staff is working with Airline managers to provide updated flight information to distribute to concession companies as soon as possible to alleviate problems associated with late arrivals. In addition, taxicab concessions have been added to the automated telephone notification system for late flights. The next RFP process will more strongly address customer waiting times and service level requirements of the successful concessionaires.
1. ISSUE: CLARIFY CONVENTION TIME/PEAK TIME ISSUES TO TRANSPORT CUSTOMERS BETWEEN THE AIRPORT AND DESTINATION LOCATIONS Task Force Recommendation: The Task Force recommends that City staff be responsible for the distribution of information regarding conventions and related downtown city events to all the taxi companies on a regular basis to reduce the potential of inadequate customer service. Administrative Response: The Administration supports this recommendation. Discussion:The Police Department will work with the Department of Conventions, Arts and Entertainment and the Convention & Visitors Bureau to develop an appropriate communication vehicle. 2. ISSUE: REVIEW LONG WAITS FOR CABS AT HOTELS Task Force Recommendation: The Task Force recommends the City Council direct Department of Streets and Traffic staff to look at opportunities to add taxi spaces at major downtown locations (e.g., the Arena, hotels, the Convention Center, Cesar Chavez Park, etc.) Recommendation adopted 10-0. Administrative Response: The Administration supports the recommendation that the feasibility of additional taxi staging areas in the downtown be evaluated. Discussion: The Police Department, in conjunction with other City Departments and the appropriate downtown business associations, will evaluate the opportunities for additional taxi staging areas in the Downtown area. 3. ISSUE: INCREASE ACCESS TO DOWNTOWN LOCATIONS (ARENA, HOTELS, BARS, ETC.) Task Force Recommendation: The Task Force recommends the City Council direct Department of Streets and Traffic staff to look at opportunities to add taxi spaces at major downtown locations (e.g., the Arena, hotels, the Convention Center, Cesar Chavez Park, etc.) Recommendation adopted 10-0. Administrative Response: As noted above, the Administration supports the recommendation that the feasibility of additional taxi staging areas in the downtown be evaluated. Discussion: The Police Department, in conjunction with other City Departments and the appropriate downtown business associations, will evaluate the opportunities for additional taxi staging areas in the Downtown area. 4. ISSUE: IMPROVE DRIVER KNOWLEDGE OF DOWNTOWN ATTRACTIONS, RESTAURANTS, ETC. Task Force Recommendation: The Task Force recommended that drivers require more training to become knowledgeable about downtown attractions, restaurants and on the whole. This recommendation was adopted 8-2 with one abstention. Administrative Response: The Administration supports this recommendation. Discussion: The Administration supports this recommendation and will require this type of training as part of the proposed mandatory training program for all new drivers. 5. ISSUE: REVIEW PAYMENT OPTIONS FOR HOTEL USE OF CABS WHEN FREE SHUTTLES ARE NOT AVAILABLE Task Force Recommendation: The Task Force recommends the Convention and Visitor’s Bureau facilitate a discussion between the taxi companies and hotels to resolve the issue of payment options. The recommendation was adopted on a 10-0 vote with one abstention. Administrative Response: The Administration recommends that the Department of Conventions, Arts and Entertainment meet with the appropriate representatives to address issues related to payment options. Discussion: The Convention and Visitors Bureau is not a function of the City. Consequently, the Administration recommends that the Director of the Department of Conventions, Arts & Entertainment convene the meeting to discuss how fares will be paid when taxicabs are utilized in lieu of shuttle buses. 6. ISSUE: ADDRESS POLICY OF HOTEL DOORMEN REQUESTING A GRATUITY TO DIRECT CUSTOMERS TO TAXIS Task Force Recommendation: The Task Force recommends the City amend the current ordinance to prohibit anyone from offering, asking, or accepting any money as a condition for referral or the provision of ground transportation services. Recommendation adopted 10-0. Administrative Response: The Administration recommends that the feasibility of prohibiting doormen from requiring gratuities (either directly or indirectly), in exchange for their efforts to direct business to particular taxicab companies be evaluated and that a similar prohibition be explored to prevent drivers from offering gratuities to doormen in exchange for directing business to their cabs. Discussion: This item requires legal review. It is recommended that the City Attorney’s Office review this issue and forward a recommendation as appropriate. 7. ISSUE: REVIEW “ADVANCE PAYMENT” ISSUE WHEN HOTELS PAY IN ADVANCE FOR TAXI SERVICE AND INDIVIDUAL DRIVERS ASK FOR ADDITIONAL FARE Task Force Recommendation: By consensus, the Task Force decided that no action needed to be taken on this item. The Convention and Visitor’s bureau is willing to facilitate a discussion between the taxi companies and hotels to resolve this issue. Administrative Response: The Administration recommends that this item also be addressed in the meeting to be convened by the Director of Conventions, Arts & Entertainment related to payment options reference in Item 5 above. Discussion: This issue should be addressed within the context of payment arrangements between the taxicabs and downtown businesses. As such, it is recommended that this issue be referred to the Director of Conventions, Arts and Entertainment for follow-up.
1. ISSUE: ALLOW TAXICABS TO USE BUS CURBS TO DROP OFF PASSENGERS Task Force Recommendation: The Task Force recommends the City work with the appropriate agencies to allow taxis to use bus curbs to pick up and drop off passengers. This recommendation was adopted 10-0. Administrative Response: The Administration will forward the Task Force’s recommendation to the Valley Transportation Agency for their consideration. Discussion: Bus curbs and bus lanes fall under the jurisdiction, regulation, and control of the Valley Transit Authority. Nevertheless, the Administration will forward the Task Force’s recommendation to the VTA for their consideration. 2. ISSUE: ALLOW THE USE OF BUS LANES DOWNTOWN TO TRANSPORT PASSENGERS, PARTICULARLY ON FIRST AND SECOND STREETS Task Force Recommendation: The Task Force recommends the City work with the appropriate agencies to allow taxis to use bus lanes to pick up and drop off passengers. This recommendation was adopted 10-0. Administrative Response: Again, this item falls under the jurisdiction of the Valley Transportation Agency. Discussion: The Administration will forward the Task Force’s recommendation to VTA for their review and consideration. 3. ISSUE: MAKE HIGH OCCUPANCY VEHICLE (HOV) LANES AVAILABLE TO PICK UP TAXI PASSENGERS Task Force Recommendation: The Task Force recommends the City work with the appropriate agencies to allow taxis to use HOV lanes to pick up and drop off passengers. This recommendation was adopted 10-0. Administrative Response: The Administration will forward the Task Force’s recommendation to the State for their review and consideration. Discussion: HOV lanes are regulated by the State. Requests for exceptions to be made in State law specifically for the City of San Jose involving HOV lanes are also unlikely. 4. ISSUE: CLARIFY ISSUES AROUND REFUSING TO TAKE FARES FROM THE "WRONG SIDE OF TOWN" Task Force Recommendation: A motion was offered that the City Council direct staff to look at better enforcement of the of the current ordinance provision addressing refusal to provide service. The motion failed on a 5-5 vote. After further discussion, the Task Force recommended no action be taken on this item. The recommendation was adopted 10-0. Administrative Response: The Administration will explore opportunities to improve its enforcement. Discussion: Refusing to pick up customers because they were on the "wrong side of town", represented "short" fares, have disabilities, etc. violates the ordinance provision that makes it illegal to refuse a fare.. This is in accordance with City policy of non-discrimination. As noted earlier in this report, the Administration is recommending that the Police Department analyze their staffing needs and submit a budget augmentation as appropriate for consideration during the FY 2001-02 budget process as a means of improving their enforcement capabilities. Back to Top |