Sep 20, 2011 - business permit transfers and taxi vehicle permit transfers as part of the ..... a price that is less tha
52 Office of the City Manager
ACTION CALENDAR September 20, 2011 To:
Honorable Mayor and Members of the City Council
From:
Phil Kamlarz, City Manager
Submitted by: Christine Daniel, Deputy City Manager Gregory Daniel, Supervisor Code Enforcement Subject:
Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire; Adding Permit Transfer Fees; and Establishing New Taxicab Stands
RECOMMENDATION (1) Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 9.52 regarding regulation of taxicabs and automobiles for hire; and (2) Adopt a Resolution amending Resolution No. 62,299 Section A to include taxi business permit transfers and taxi vehicle permit transfers as part of the fee schedule and amending Section D to relocate the taxi stand on University Avenue (Amtrak Station), and to establish new taxi stands on Bancroft Way, Piedmont Avenue and Martin Luther King Jr. Way. FISCAL IMPACT OF RECOMMENDATION The proposed Vehicle Permit Transfer fee will add General Fund revenue, however, the amount is dependent on the number of vehicles transferred. Establishing new taxi stands has no direct fiscal impact on the City. CURRENT SITUATION AND ITS EFFECTS On July 19, 2011, the City Council adopted Resolution No. 65,424–N.S. amending Resolution No. 58,489, Section C, to increase the maximum taxicab flag drop rate from $3.00 to $3.40, from $0.26 to $0.30 per 1/10th mile, and Waiting Time or Traffic Delay to $30.00 or $0.30 for each 36 seconds On May 31, 2011, the City Council referred to the City Manager a number of items regarding the operation and regulation of taxis in Berkeley: 1) consolidation of taxi inspections, 2) allowing the transfer of taxi vehicle permits, 3) consideration of an increase in the flag drop rate, 4) increasing the number of taxi stands; and 5) enhancing fines. At the time of this referral, the Code Enforcement Unit of the City Manager’s Office was involved in evaluating taxi service throughout the City. Accordingly, this item recommends a number of changes to the City’s taxi regulations and proposes an increase in fees in response to the Council referral, as well as to issues previously identified by taxi drivers and business owners and additional issues identified by staff. 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail:
[email protected] Website: http://www.CityofBerkeley.info/Manager
Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire
ACTION CALENDAR September 20, 2011
BACKGROUND The operation of taxi vehicles and businesses in the City of Berkeley is regulated under Berkeley Municipal Code Chapter 9.52. Currently there are 54 taxi companies, 121 taxi drivers and 113 taxi vehicles permitted to operate in Berkeley. Administration of the ordinance is handled by both the Finance Department and the Code Enforcement Unit of the City Manager’s Office. The fees associated with taxi permits, as well as rates for taxi service are established by Resolution of the Council. Berkeley Municipal Code Chapter 9.52 regulates taxi business owners, taxi drivers and taxi vehicles. These regulations are intended in large part to provide: 1) a consistent and fair regulatory policy for owners, drivers and vehicles, and 2) reliable, courteous and safe taxi service to Berkeley citizens. The dynamics of the changing numbers of owners, drivers and vehicles, including the increasing numbers of single taxi independent operators, has placed an increased demand on the ability of the current regulatory process and enforcement methods to provide the consistent, courteous and safe service owed to Berkeley Citizens. Today, twenty-six taxi companies that operated in 2000, no longer exist. In 2000, there were 30 single taxi independent operators compared to 40 in 2011. In 1996, at the time of the last major ordinance revision there were 39 taxi company owners compared to 54 in 2011. All taxi companies, whether they employ numerous drivers or are independent operators, are expected to have management practices that ensure community members are given the best possible service. As a result of enforcement activity undertaken over the past several years, staff learned more about the conduct of taxi operations and is concerned that the existing ordinance does not provide the proper tools to respond to a variety of issues. Staff has received complaints from the taxi using public about, and also witnessed, a variety of issues related to taxi operations. Of course not all taxi drivers or taxi business owners are involved in these situations and most drivers and owners conduct safe, courteous and reliable operations. Nevertheless, the City’s taxi regulations should provide appropriate methods to respond when these situations present themselves. Such situations include: smoking in the vehicle, refusal of short fares, reckless driving, obstructing traffic, failure to yield to pedestrians, aggressive behavior, unpermitted use of residential streets for vehicle maintenance and storage, owners allowing unpermitted drivers to operate vehicles, owners allowing drivers to operate unpermitted vehicles,, offensive treatment of female customers and female pedestrians. For many of these issues BMC Chapter 9.52 is unclear and thus, there is not much recourse for enforcement staff or affected customers and pedestrians. For this reason, staff developed additional regulations that are proposed to be adopted in order to further regulate taxi operations.
Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire
ACTION CALENDAR September 20, 2011
The changes to BMC Chapter 9.52 are intended to provide more appropriate regulation, improved enforcement tools and a greater deterrent to some of the situations described above, as well as to respond to the specific interests identified by the taxi community, such as the ability to transfer permits. Proposed Changes to the Taxi Ordinance In response to the City Council’s referral, issues identified by the taxi community, and the experiences of the Code Enforcement Unit, staff is proposing amendments to the City’s existing regulations regarding taxicabs. Those amendments are described in further detail below. Section 9.52.020, Annual Permits, would require that any owner or driver applying for a new or renewed taxi permit must complete “Taxi Owner/Driver Training” prior to the permit being approved. The Code Enforcement Unit will be the lead agency responsible for the training. Other City staff from the Finance Department and Police Department may participate as well. Scheduling will be based on need during the November to December application and renew period, and as needed during the year. The Training will primarily consist of a one hour lecture and discussion of Chapter 9.52, a discussion of customer service issues related specifically to the hotel and restaurant community (perhaps in conjunction with the Convention & Visitors Bureau), and a discussion of the respective duties and responsibilities of the business owners and taxi drivers. The intent of the Training is for all owners and drivers to have a shared understanding of the rules and regulations regarding taxi operations in Berkeley so that everyone will have the knowledge and ability to operate successfully within the scope of the taxi ordinance. Section 9.52.030 Business Owners Permits, This section has five significant changes. As is the case with taxi drivers, the taxi company owners will now be required to submit to a criminal background check when submitting an application for a business owner’s permit. The business owner must obtain zoning approval for any taxi company operating from a residential or commercial address in Berkeley. The business owner must provide proof of off-street parking for all fleet vehicles. Over the years Code Enforcement staff has responded to many citizen complaints regarding taxi companies operating from residential areas and using residential streets to store and maintain their fleet vehicles. Adding this provision is consistent with prior zoning enforcement prohibiting companies from using the public right of way as part of their business operations for storage and maintenance. This provision along with the requirement for zoning approval will provide staff with the information needed to determine that taxi companies are operating in a manner consistent with the zoning ordinance. The insurance requirement is being updated so that the City’s requirements are consistent with California law which requires underinsured and uninsured motorist insurance. In the last year or so, there have been several incidents reported to the City
Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire
ACTION CALENDAR September 20, 2011
involving under-insured taxis. In March 2011 a Berkeley taxi driver reported to the Code Enforcement staff that he was involved in a taxi vehicle accident in which his medical cost was not covered. In March of 2010 a Berkeley taxi patron reported to the Code Enforcement staff that a taxi he occupied was struck by an uninsured motorist and as a result his medical bills were not covered. The ordinance amendments clarify the coverage requirements in an attempt to respond to these incidents. Business owners will be required to complete the Taxi Owner/Driver Training before their business owner permit is approved. This change will provide business owners with comprehensive knowledge of the taxi ordinance and their responsibility for managing their business, drivers and vehicles in a manner consistent with the taxi ordinance. This provision has also been added to BMC Section 9.52.050 Drivers Permit. Additional language in this section also prohibits business owners from operating more than one taxi company at anytime. This provision is important because of new regulations, discussed below, that allow the transfer of vehicle permits between business owners. Restricting business owners from having more than one business owners permit should reduce the likelihood of any one company monopolizing the taxi business in Berkeley. Other language has been added to fix the fees (gate) charged by taxi companies at the lowest rate prior to the vehicle permit transfer. Freezing the gate will hopefully allow financial stability for taxi drivers that are impacted by the transfer of vehicle permits. Section 9.52.040.C, Vehicle Permit Transfer This section will now allow the transfer of vehicle permits, subject to regulations adopted by the City Manager. The permitee must first offer the vehicle permits to individuals on the waiting list and provide proof that such offers have been made. Prior to the transfer of any vehicle permit, the transferee must meet all requirements of Chapter 9.52 and the vehicle transfer fee recommended by staff must be paid. In addition, the Taxi Business Owner Waiting List will be updated every six months. Code Enforcement staff and Finance Department staff will develop new administrative regulations for the vehicle permit transfers. The new regulations will be communicated to business owners prior to the November 2011 application and renewal period. Section 9.52.050, Drivers Permit, This section has two significant changes. The first is the inclusion of the Taxi Owner/Driver Training. The second addition is language regarding the City’s ability to deny a driver permit application. This language will allow staff to more appropriately evaluate driver applications and eliminate problematic drivers during the early stages of the application process. This more restrictive application process should provide a greater deterrent against inappropriate behavior. Section 9.52.070, Insurance Requirements, As stated above in Section 9.52.030 the change to this provision updates the City’s insurance requirement so that it is consistent with California state law. According to the most recent study (2004) published by the Department of Motor Vehicles and the California Department of Insurance, in Alameda
Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire
ACTION CALENDAR September 20, 2011
County, 13.68% (140,373) of the vehicles on the road are uninsured. Language has been added to this section specifically stating that insurance coverage must include coverage for uninsured motorist and underinsured motorist. Section 9.52.080, Vehicle Maintenance—Markings Safety and Inspections. Changes to this section provide clear regulation for the exterior and interior condition of the taxi. These regulations are intended to provide an appropriate, professional and standard appearance for all Berkeley taxi cabs. Issues observed by staff over the years include: interior doors with no window crank or lock knob. Exterior body damage to the vehicle. Bungee cords and tape used to hold in place bumpers, hoods and trunk lids. Dirty clothing and other personal items stored in trunks. Taxi meters and radios loosely set into the dash. Taxi drivers have been observed smoking in taxis while cruising and at taxi stands. Items obstructing the drivers view have been affixed to the front dash and hanging from the rear view mirror. Additionally, the City Council requested that staff consolidate the safety inspection along with the visual and markings inspections. The safety inspection is conducted at the Public Works Corporation yard by Equipment Maintenance personnel. The markings and visual inspection is conducted by Finance Department staff at 1947 Center Street. In order to accomplish the goal of a single inspection or simultaneous inspection, the current proposal is to have a team of Code Enforcement staff and Equipment Maintenance staff conduct the safety, markings and visual inspections concurrently at the Corporation Yard. Code Enforcement staff and Finance Department staff will develop new administrative procedures for the inspections and issuance of the vehicle permits. The new procedures will be communicated to business owners prior to the November 2011 application and renewal period. Section 9.52.150 Suspension of permits, provides staff with the authority to suspend any business, vehicle or drivers permit for violations of Chapter 9.52 or any activity that involves disturbances of the peace, violence, moral turpitude, sex assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive littering, excessive noise, or lewd conduct. This ability to suspend any permit should provide an additional deterrent against inappropriate behavior. Business Permit Transfer Fee – Staff proposes that individuals be allowed to transfer their taxi business owner permit, subject to administrative regulations approved by the City Manager. The transfer of a taxi business owner permit may happen in three ways. The first is where the transferee does not possess a current and valid taxi business owner permit. The second is where the transferee does possess a current and valid taxi business owner’s permit and chooses to consolidate two taxi companies under his or her existing taxi business owner permit. The third is where the transferee with the current taxi business owner permit chooses to operate two taxi companies under a new name or the name of the taxi company being transferred.
Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire
ACTION CALENDAR September 20, 2011
In the event that the transferee does not possess a current and valid taxi business owner permit the transfer will be treated as a new taxi business owner application. The result is that the applicant will be required to satisfy all requirements of Berkeley Municipal Code Chapter 9.52. All fees and qualifications for issuing a new taxi business owners’ permit will apply. In the second scenario the transferee has a current and valid taxi business owner permit. If the transferee chooses to consolidate the two taxi companies under his or her existing taxi business owner permit, the transfer will be treated as a vehicle transfer. All fees and qualification for issuing a new vehicle permit will apply. In the third scenario, where the transferee wishes to operate under a new name or the name of the transferred company, the transfer application would be treated as a new taxi business owner application. The applicant would be required to satisfy all requirement of Berkeley Municipal Code Chapter 9.52. All fees and qualifications for issuing a new taxi business owner permit will apply. Below are some of the fees currently charged for processing and issuing a new taxi business owner permit: Business Owner Permit Fee $350 Annual Vehicle Permit Fee $75 Annual per vehicle Vehicle Inspection Fee $88 Annual per vehicle Registration Fee $25 One time fee Business License Fee $215 Annual per vehicle Vehicle Permit Transfer Fee - Staff proposes that individuals be allowed to transfer taxi vehicle permits, subject to administrative regulations adopted by the City Manager. Vehicle permit transfers would be subject to all of the fees and qualifications for issuing a new vehicle permit. Additional Taxi Stand Locations – In 1996, by resolution, 120 taxis were authorized to operate in the City of Berkeley along with six taxi stands. The original taxi stands located on Shattuck Avenue, Durant Avenue, University Avenue, Hearst Avenue, Gilman Street and Webster Street, accommodated a total of 11 taxis. BART provided another ten spaces; five spaces at the Ashby BART Station and six spaces at the North Berkeley BART Station. In total there were 13 taxi stands throughout the City accommodating 23 taxis. Since 1996, the relocation and expansion of taxi stands has resulted in a net increase of nine taxi spaces. The taxi stand on Shattuck Avenue was relocated to Center Street to accommodate a new AC Transit Bus stop zone. In a second move due to construction of the Arpeggio Building, the Center Street taxi stand was moved again and expanded from five taxis to ten taxis. The Shattuck Hotel taxi stand was eliminated as part of the Center Street taxi stand expansion. The construction of the Ed Roberts Campus
Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire
ACTION CALENDAR September 20, 2011
required the relocation of the taxi stand at the east entrance of the Ashby BART stations to the west entrance of the Ashby BART station. The Ashby BART station taxi stand was reduced from five to three spaces. In addition to the changes at the Ashby BART station, the North Berkeley BART station taxi stand was expanded from six spaces to twelve spaces. As previously reported in the May 3, 2011 Information Item to the Council, a number of additional taxi stand locations throughout the city were evaluated. The final result is that staff is recommending that the following locations be approved as new taxi stands. • 2000 Block of Piedmont Avenue – A single space taxi stand will be established just north of the International House on the east side of Piedmont. The installation may be delayed due to the construction. • 2500 Block of Bancroft Avenue – A single space taxi stand will be established near Sproul Hall. The taxi stand will be located on the north side of Bancroft along the west bound lane. • 3100 Block of Martin Luther King Jr. Way – A four vehicle taxi stand will be located adjacent to the west entrance to the BART parking lot. This will allow up to four taxis to wait outside of the BART parking lot and provide easy access for BART patrons. With the above additions, the number of available taxi spaces in the City’s public rightof-way will have increased since 1996 from 11 to 26. RATIONALE FOR RECOMMENDATION The ordinance amendments are proposed in order to provide more consistent regulatory oversight of taxi service and to improve the quality of service, professional conduct and behavior associated with taxi service in Berkeley. ALTERNATIVE ACTIONS CONSIDERED The ordinance can remain as-is and staff will continue to use the regulatory structure included therein for purposes of oversight and enforcement. Additionally, the current ordinance does not allow for the transfer of permits. CONTACT PERSON Christine Daniel, Deputy City Manager Gregory Daniel, Supervisor Code Enforcement Attachments: 1. Ordinance 2. Resolution
981-7000 981-2492
ORDINANCE NO. #,###-N.S AMENDING CHAPTER 9.52 OF THE BERKELEY MUNICIPAL CODE, REGULATING TAXICABS AND AUTOMOBILES FOR HIRE BE IT ORDAINED by the Council of the City of Berkeley as follows: Chapter 9.52 TAXICABS AND AUTOMOBILES FOR HIRE* Sections: 9.52.010 9.52.020 9.52.030 9.52.040 9.52.050 9.52.060 9.52.070 9.52.080 9.52.090 9.52.100 9.52.110 9.52.120 9.52.130 9.52.140 9.52.150 9.52.160 9.52.170 9.52.180
Definitions. Annual permits required for business owners, drivers, and vehicles--Fees, expiration and limitation on number of permits. Business owner’s permits and Business Owner Permit Transfer. Vehicle permits and Vehicle Permit Transfers. Driver’s permits. Registration and licensing requirements--Conspicuous posting in vehicle. Insurance requirements. Vehicle maintenance--Markings, safety and inspections. Service provided. Rates. Taximeter regulations. Standards for owner and driver conduct. Record keeping requirements. Taxicab stands. Suspension of permits. Revocation of permits. Enforcement--Violation--Public Nuisance--Penalty. Finality of administrative citations for purposes of enforcement.
*For vehicles and traffic generally, see Title 14 of this code.
Section 1. That Berkeley Municipal Code Section 9.52.020 is amended to read as follows: 9.52.020 Annual permits required for business owners, drivers, and vehicles--Fees, expiration and limitation on number of permits. A. Annual Permits--Approval Required. No person, corporation, partnership, cooperative, business, fictitious name, or dispatch center shall engage in the business of operating any taxicab or vehicle for hire within the City without a taxicab business owner’s permit, driver’s permit and vehicle permit issued by the City. Such permits shall not be issued until both the owner and driver have completed the Taxi Owner Driver Training.assigned, Except as authorized by Section 9.52.030 and Section 9.52.040, such permit shall not be assigned, sold or transferred to another business owner, driver or vehicle.
B. Permit Fees. The City Council shall set by resolution the fees required for obtaining business owner’s, driver’s and vehicle permits. C. Annual Application, Renewal and Expiration. New applications may be submitted any time during the current year.Applications for all permits shall be submitted on or before Renewal applications shall be submitted by December 31st of the current year. All permits shall expire on January 31st of the following year. November 1st of each year for the following calendar year and all permits shall expire on December 31st of each year. Permits may be renewed annually by application to the City. Current permit holders have priority for annual renewal. Applications to renew permits shall be treated in the same manner as applications for new permits. Nothing in this chapter creates any property interest in issuance or renewal of a permit. D. Notice of Change of Address. Every person holding a permit issued under this chapter shall at all times keep the City notified of his or her current address. He or she shall notify the City in writing within ten days of any address change. E. Limitations on Number of Permits Per Owner and in the City--Waiting List, Renewal. 1. The City Council may by resolution define various categories of vehicles for hire, set the maximum number of vehicles in each category that may be operated in the City and the maximum number of vehicles for hire in each category for which each business owner may seek vehicle permits. The waiting list shall be updated no less frequently than every six months. 2. Should the maximum number of any category of taxicabs in the City be reached in any given year, the City shall create a waiting list for vehicles which shall receive permits when existing permits are revoked for any reason. Existing permit holders have priority in renewal and vehicles on the waiting list shall receive annual permits only after existing vehicle permit holders have been given an opportunity to renew. Section 2. That Berkeley Municipal Code Section 9.52.030 is amended to read as follows: 9.52.030 Business owner’s permits and Business Owner Permit Transfer. A. Permit Applications. Any person or entity seeking to operate as a business owner shall apply in the manner set forth herein. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit application form and accompanying documentation, including but not limited to the following: 1. The Business owner shall submit the appropriate zoning permit application to the Planning Department for approval prior to submitting a Business Owner’s Permit application to the Finance Department. Zoning approval shall be required for all taxi businesses with commercial or residential addresses within the City of Berkeley 2. Name and address of the owner applying to operate the business to operate vehicles for hire; 3. Name and address of the location from whichere the business will be operated; 4. Proof of off-street parking for all taxi owners with 2 or more vehicle permits; 1. Name and address of the owner applying to operate the business to operate vehicles for hire; 5.2. Fictitious business name of the applicant, if any; 6.3. Mailing address and business telephone number of the applicant;
7.4. Name, address, age, and driver’s license number of each employee who will be driving the owner’s vehicles; 8.5. Total number of vehicles to be operated in the City under the owner’s permit and the vehicle identification number for each vehicle; 9.6. Description of the color scheme, insignia, trade style and/or any other unique characteristics of the taxicab design and placement of City required markings and company markings; 10.7.Federal taxpayer identification or social security number of the applicant; 11.8.Satisfactory proof of insurance, including uninsured and underinsured motorist insurance as provided in this chapter for each driver and vehicle to be operated in the City; 12.9.Satisfactory proof that the business will be operated in compliance with all provisions of this chapter, including completion of the Taxi Owner Driver Training. 13. Signed copy of the company’ies policies regarding driver conduct and discipline, including suspension and termination. 14. Type of dispatch service provided, radio, cell phone, other. 15. Location of dispatch center, including phone number and customer service or management contact information. B. Disposition of Taxicab Business Owner’s Application--Conditions. 1. Such taxicab business owner’s permit may be granted only if the City determines that the applicant: a. Has submitted a complete application; b. Has submitted satisfactory proof that he or she will comply with the provisions of this Cchapter and has completed the Taxi Owner Driver Training; c. Has not made any omission or untrue statement or provided fraudulent documentation with the application; d. Has not violated this chapter three or more times within the last three years; or e. Is not otherwise subject to suspension or revocation under Sections 9.52.150 or 9.52.160. 2. The City may deny any taxicab business owner’s permit if it determines that approval would pose an unreasonable risk to the public safety or welfare. The City may deny any taxicab business owner’s permit if it determines that approval would pose an unreasonable risk to the public safety or welfare or the applicant has been convicted of any crime or adjudged to be in violation of any penal law involving disturbances of the peace, violence, moral turpitude, sexual assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive littering, excessive noise, or lewd conduct. 3. The issuance of a business owner’s permit is conditional upon such owner ensuring that each vehicle for hire operated by such business owner has a vehicle permit issued by the City, and each driver of such vehicle for hire has a valid California drivers license and a valid driver’s permit issued by the City, within the limits and in the manner set forth in this chapter. 4. The business owner shall notify the City of Berkeley Finance Department in writing, immediately upon termination of employment of an employee, agent, lessee , contractor or any individual hired to operate a vehicle for hire in the City.
5. The business owner shall notify the City of Berkeley Finance Department, in writing, within five (5) days of any new driver(s) being employed to operate a vehicle for hire. C. No person, partnership, cooperative, corporation, firm, association or other entity of whatever type may possess or operate more than one taxi business owner permit at any one time. D. Upon approval of any business owner permit transfer or vehicle permit transfer, the fee charged by a business owner to drivers to lease cabs from the company, also known as "the gate", shall not exceed the level charged by the transferee ofr the transferor business owner permit, whichever is less. This freeze shall expire one year after the approval of the business owner permit transfer application or vehicle permit transfer application. E. Business Owner Permit Transfer. Subject to Regulations adopted by the City Manager, no Business Owner Permit issued under this Chapter may be assigned or transferred except as set forth in this subdivision. All transfers of Business Owner Permits from one taxi business owner to another taxi business owner shall be subject to all requirements of this Chapter, including but not limited to the following: 1. Any person or entity who wants to transfer a Business Owner Permit shall submit a written application to the City Manager or his or her designee. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit transfer application form and accompanying documentation. The application shall include proof that the current holder of the Business Owner Permit has offered the Business Owner Permit to all persons and entities on the Taxi Business Owner Waiting List for not less than a total of 30 days. Offers to persons on the Business Owners Waiting List must be in writing and must state the price for which the permit is offered. In the event the owner subsequently seeks to transfer the permit to a person not on the waiting list for a price that is less than 90% of the price stated in the offer, the City Manager or his or her designee may deny the application for transfer unless the owner shows good cause for the lower price. The application shall not be accepted without payment of the fee established by Council resolution. 2. The City Manager or designee shall make a final determination on the Business Owner Permit transfer application within 30 days after the filing of the application. 3. The Business Owner Permit transfer will not be valid or recognized by the City unless the current holder or transferor of the Business Owner Permit submits along with the business owner transfer application a notarized statement to the City Manager surrendering his or her Business Owner Permit and all rights to the taxi company name and color scheme. The transferee or new business owner shall be allowed to operate taxicabs with the existing vehicle permits and existing color scheme for no more than 90-days. 4. A Business Owner Permit transfer will not be valid or recognized by the City unless all other requirements of this Chapter for operating the business and vehicle have been met.
Section 3. That Berkeley Municipal Code Section 9.52.040 is amended to read as follows: 9.52.040 Vehicle permits and Vehicle Permit Transfer. A. Permit Application. Each vehicle for hire operated in the City must be subject to a vehicle permit from the City as set forth herein. The application shall be in writing, signed by the owner, and shall set forth all the information required in the permit application form and accompanying documentation, including, but not limited to the following: 1. A copy of the state vehicle registration under owner’s name, license plate number and corresponding vehicle identification number of each vehicle to be operated in the City; 2. Make, model or type, year of manufacture and passenger-seating capacity of each motor vehicle for which such application is made; 3. Taximeter with current weights and measures seal intact to be installed in each taxicab for which application is made; 4. Valid inspection certificate issued by the County of Alameda, Division of Weight and Measures which certificate shall state the name and model number of the taximeter and the vehicle number for which it is assigned; 5. Valid vehicle inspection certificate from a City-approved vehicle inspection station for each vehicle to be operated in the City; 6. Certificates of insurance from the insurance carrier verifying the coverage required by this chapter for each vehicle to be operated in the City; 7. Final inspection of each vehicle by the City to ensure that the vehicle has met all the requirements of this chapter including Section 9.52.070 and Section 9.52.080; 8. Satisfactory proof that the business will be operated in compliance with all provisions of this chapter. B. Disposition of Vehicle Permit--Conditions. 1. Such vehicle permit may be granted only if the City determines that the applicant: a. Has submitted a complete application; b. Has submitted satisfactory proof that he or she will comply with the provisions of this chapter; c. Has not made any omission or untrue statement or provided fraudulent documentation with the application; d. Has not violated this chapter three or more times within the last three years; or e. Is not otherwise subject to suspension or revocation under Sections 9.52.150 or 9.52.160. 2. The City may deny any vehicle permit if it determines that approval would pose an unreasonable risk to the public safety or welfare. 3. The issuance of a vehicle permit is conditional upon the business owner ensuring that each such vehicle for hire is operated by a business owner who has obtained a business owner’s permit and any driver of such vehicle for hire has been issued a driver’s permit within the limits and in the manner set forth in this chapter. 4. Except as authorized by Section 9.52.030(E)(3), no vehicle permit may be registered to or operated by or associated with more than one taxi owner. C. Vehicle Permit Transfer. Subject to Regulations adopted by the City Manager, no vehicle permit issued under this Chapter may be assigned or transferred except as set
forth in this subdivision. All transfers of vehicle permits from one taxi business owner to another taxi business owner shall be subject to all requirements of this Chapter, including but not limited to the following: 1. Any person or entity who wants to transfer a vehicle permit shall submit a written application to the City Manager or his or her designee. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit transfer application form and accompanying documentation. The application shall include proof that the applicant has offered the vehicle permit to all persons and entities on the Taxi Business Owner Waiting List for not less than a total of 30 days. Offers to persons on the Business Owners Waiting List must be in writing and must state the price for which the permit is offered. In the event the owner subsequently seeks to transfer the permit to a person not on the waiting list for a price that is less than 90% of the price stated in the offer, the City Manager or his or her designee may deny the application for transfer unless the owner shows good cause for the lower price. The application shall not be accepted without payment of the fee established by Council resolution. 2. The City Manager or designee shall make a final determination on the vehicle transfer application within 30 days after the filing of the application. 3. A vehicle permit transfer will not be valid or recognized by the City unless all other requirements of this Chapter for operating the business and vehicle have been met. Section 4. That Berkeley Municipal Code Section 9.52.050 is amended to read as follows: 9.52.050 Driver’s permits. A. Permit Application. Any person seeking to operate a vehicle for hire as a driver shall apply for a permit in the manner set forth herein. No person under the age of 21 years shall be issued a driver’s permit. The application shall be in writing, signed by the driver, and shall set forth all the information required in the permit application form including, but not limited to, the following: 1. Name, age and address of the applicant; 2. His/her past experience in operating a motor vehicle; 3. Applicant’s current California driver’s license number and a photocopy of that license; 4. Name and address of employers during the preceding three years; 5. Suspension or revocation of any driving license, taxi driver permit or including a chauffeur license, issued by the state of California or any state or governmental agency, during the preceding two years; 6. Name and address of the business owner by whom he or she is employed as a driver, or for whom he or she intends to operate a taxicab; 7. Current certificate of negative test for drugs and alcohol from a City approved lab as required by Government Code Section 53075.5 as amended; 8. Two photographs of the driver (size one and one-half inch by one and one-half inch) taken by the City, one to be filed with the application and one to be permanently attached to the driver’s permit when issued; 9. State Department of Motor Vehicles driving record report;
10. A list of all jurisdictions in which the applicant is permitted to operate a vehicle for hire; 11. Satisfactory proof that the insurance required by this chapter covers the driver when operating the vehicle for hire. 12. a. A certificate that within the previous 12 months the driver has successfully completed a sensitivity training course approved by the Director of Finance for drivers who work with persons with disabilities. b. A certificate that within the previous 12 months the driver has successfully completed a sensitivity training course approved by the Director of Finance for drivers who work with seniors. c. In the event the Director of Finance has not approved any sensitivity training course responsive to subparagraph a. or b. by January 1 of any year, that subparagraph shall not apply. B. Disposition of Driver’s Permit--Conditions. 1. Such driver’s permit may be granted only if the City determines that the applicant: a. Has submitted a complete application; b. Has submitted satisfactory proof that he or she will comply with the provisions of this cChapter and has completed the Taxi Owner Driver Training; c. Has maintained and possesses a valid California driver’s license; d. Has not operated a vehicle in violation of Section 9.52.070 or Section 9.52.080 three (3) or more times in the past three years. ed. Has not made any omission or untrue statement, or has provided fraudulent documentation with the application; fe. Has violated this chapter three or more times within the last three years; or gf. Is not otherwise subject to suspension or revocation under Sections 9.52.150 or 9.52.160. 2. The City may deny any driver’ s permit if it determines that approval would pose an unreasonable risk to the public safety or welfare or the State Department of Motor Vehicles records indicate that the Department has taken administrative action which resulted in actual suspension or revocation of the applicant’s driver’s license within the last two years, unless such suspension or revocation was based on a nondriving related matter. 3. The issuance of a driver’s permit is conditional upon the driver ensuring that he or she will only operate a vehicle which has received a valid vehicle permit for a business owner who has received a valid business owner’s permit. 4. The driver’s permit shall become void upon termination of such driver’s employment driving a vehicle for hire, including termination of self-employment as an independent driver, and the driver immediately shall return his or her permit to the City upon such termination of employment. 5. The City may deny any driver’s permit if the applicant has been convicted of any crime or adjudged in violation of any penal law involving disturbances of the peace, violence, theft, moral turpitude, sex assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive littering, excessive noise, or lewd conduct of any crime or of any penal law involving moral turpitude, taking into consideration the nature of the conviction, the age of the applicant at the time of the
conviction, any evidence of rehabilitation, and the relationship of the conviction to the propriety of the applicant operating a vehicle for hire. Section 5. That Berkeley Municipal Code Section 9.52.070 is amended to read as follows: 9.52.070 Insurance requirements. A. Motor Vehicle Liability Policy--Required. 1. It is unlawful to operate any vehicle for hire in the City unless there is on file with the City a valid motor vehicle liability insurance policy, covering such vehicle for hire, the taxicab business owner, any and all drivers of such vehicles whether employees, lessees or others, issued by a solvent corporation holding a certificate of authority to do insurance business in the state and naming the City as an additional named insured. This policy shall conform in all respects to the requirements of this chapter and shall insure against uninsured motorist, underinsured motorist and loss arising out of the liability imposed upon such owner or driver for injury to, or death of any person, or damage to property arising out of the maintenance, operation or ownership of any taxicab or vehicle for hire. 2. Such policy shall be maintained in the minimum amounts of one hundred thousand dollars for liability arising out of the injury to or death of any one person; three hundred thousand dollars for liability arising out of any one accident resulting in injury to or death of more than one person; and twenty-five thousand dollars for liability arising out of any one accident resulting in damage to property of another. B. Surplus Lines Insurance--No Certificate of Authority to do Business in State--Exception if Agree to California Jurisdiction. 1. If the insurance company issuing such policy of insurance does not hold a certificate of authority issued by the insurance commissioner of the state to do business in the state, such certificate shall have endorsed thereon an endorsement executed by the company issuing such policy, which endorsement shall be substantially as follows: It is agreed that in the event of dispute as to the validity of any claim made by the assured under this certificate of insurance, or in the event of any suit instituted by the assured against the company upon this contract, the company hereon will submit to the jurisdiction of the courts of the state of California, and will comply with all legal requirements necessary to give such courts jurisdiction, and for this purpose said company hereby appoints at ____________ Street, California, its agents for the purpose of service of process; and in any suit instituted by the assured against the company upon this contract, the company will abide by the final decision of the courts of said state and settle accordingly.
2. Before any policy of insurance with Lloyd’s of London will be accepted, the following conditions must be complied with: a. Documentary evidence must be filed with the City that all of the Lloyd’s underwriters have appointed agents to bind them (the underwriters) on insurance policies to be submitted to the City. b. Documentary evidence must be filed with the City showing that all underwriters accepting percentages of insurance in California have authorized some person to accept service of process on their behalf, so that a judgment may be obtained in this state against the various underwriters.
Section 6. That Berkeley Municipal Code Section 9.52.080 is amended to read as follows: 9.52.080 Vehicle maintenance--Markings, safety and inspections. A. Taxicab Color Scheme--Approval. 1. A unique and characteristic color scheme approved by the City shall be used by each business owner operating vehicles for hire in the City to distinguish all of the vehicles for hire such owner operates. Such scheme shall not be used by any other business owner. 2. No change whatever in the color scheme or distinguishing characteristics of any vehicle for hire shall be made without prior written permission of the City. B. Taxicab Markings. It is unlawful to operate a vehicle for hire within the City which does not have printed or placed upon the rear door of the vehicle and on each side and rear deck of such vehicle for hire the name of the business owner. All such lettering shall be in letters not less than two and one fourth inches in height and not less than five sixteenths inches in stroke. In addition, the dome light markings shall read the same as the business owner’s name or fictitious name written upon the rear doors and rear of the vehicle or only shall read "Taxi." In addition, every vehicle for hire shall have printed or placed upon the exterior in conspicuous letters of the same color not less than three and one half inches in height and not less than one half inch stroke, of a color in contrast of the color of the vehicle for hire, the number of such vehicle for hire, which numbering shall be printed or placed in the following locations: 1. On each side of the vehicle on the leading edge of the front door; 2. On the left side of the outside rear of the vehicle. 2. At the center on the leading edge of the front of the hood 3. At the center on the rear edge of the trunk lid . C. Vehicle Maintenance and Physical Condition 1. There shall be no physical damage to the exterior. 2. All exterior components must be fitted and function properly, as designed without a secondary assistance device. 3. No exterior component of the vehicle shall be missing, damaged, cracked, torn, broken, dented or unpainted in the approved color scheme. 4. No interior component of the vehicle shall be missing, damaged, broken, cracked, torn, dented or unpainted in the approved color scheme. 5. Doors, windows, handles and locks must be attached and function properly. 6. The interior of the vehicle shall be free of noxious odors including tobacco odors, spoiled food odors, foul odors and any other odor that may be offensive to the patron. 7. No advertising, wording, or obstructions of any kind on the windows. No window tinting on vehicles purchased for taxi use after October 1, 2011. 8. All advertising must be on an approved fixed mounted roof top triangle shaped taxi ad carrier or taxi light box. 9. There shall be no unapproved advertising, wording, language, colors or designs on the exterior or interior of the vehicle. 10. There shall be no items of any kind attached, hanging or suspended from the interior rear view mirror.
DC. Illumination of Passenger Compartment. Every vehicle for hire shall at all times be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment, which light shall be kept constantly lighted at all times while any passengers are being loaded into or unloaded from any such vehicle for one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied. ED. Operation When in Unsafe or Unsanitary Condition Prohibited. It is unlawful to operate any vehicle for hire while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or unsanitary condition. FE. Inspection--Requirements for. Before a vehicle permit is issued to a taxicab business owner, each vehicle for which a vehicle permit is requested shall be delivered to a City-approved vehicle inspection station for inspection of such vehicle and its equipment to ascertain whether such vehicle and equipment comply with the provisions of this chapter. The City shall provide a list of approved vehicle inspection stations. Any vehicle which is found after such inspection to be unsafe or in any way unsuitable for service will not be issued a vehicle permit and immediately may be ordered out of service. Before a vehicle permit is issued, or the vehicle is again placed in service, it shall be placed in a safe and sanitary condition, inspected, and a completed inspection certificate filed with the City. Each vehicle to be operated shall be reinspected upon annual renewal of the vehicle permit. The interior and exterior of any vehicle shall be clean and well maintained as determined by the City and meet California vehicle code requirements and the requirements of this chapter at all times when in operation. GF. Inspection Authorized When. Any City official charged by the City Manager with the authority to enforce this chapter shall have the right, after displaying the proper identification, to enter into or upon any permitted vehicle for hire in the City for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. The scope of this inspection is limited to determining compliance with the requirements of this chapter and may be done without notice, warrant, or individualized suspicion of wrongdoing. Section 7. That Berkeley Municipal Code Section 9.52.120 is amended to read as follows: 9.52.120 Standards for owner and driver conduct. A. Misrepresentation in Solicitation of Fares Prohibited. It is unlawful to solicit fares by misrepresenting in any manner whatsoever the identity of the owner of the vehicle for hire or business owner for which the fare is solicited and it is unlawful to misrepresent the location of, travel time or distance to any destination to which a passenger seeks transportation. B. Interference with Passengers Seeking Transportation. It is unlawful to interfere in any manner whatsoever with any person who is negotiating for, inquiring about transportation in, or employing a vehicle for hire. C. Unlawful Obstruction of Public Right-of-Way and Provision of Assistance to Passengers. It is unlawful for the driver of any vehicle for hire at any time or place when waiting for or engaged in his or her employment, to obstruct any street or sidewalk and a
driver of any vehicle for hire shall offer to provide assistance and, if requested, shall provide reasonable assistance to each passenger in entering and leaving the vehicle unless the passenger indicates otherwise. Drivers shall confirm that passengers are securely seated and their possessions, if any, are secure, and the door closed, before beginning the trip. Drivers shall ensure that passengers and their possessions are safely clear of the vehicle and in an appropriate deboarding location before leaving the destination. Drivers shall board passengers at the nearest safe, legal and feasible point to the passenger’ s location and shall deboard passengers at a point from which they can safely proceed. C. Unlawful Obstruction of Public Right-of-Way. It is unlawful for any person possessing a City of Berkeley taxi driver permit and operating a vehicle possessing a City of Berkeley vehicle permit to: 1. Obstruct any street or sidewalk at anytime; 2. Unlawfully park a taxi on any street; 3. Drive a vehicle in reverse against the direction of traffic; 4. Drive a vehicle at such a slow speed as to impede the reasonable or normal flow of traffic; D. Provision of Assistance to Passengers. A driver of any vehicle for hire shall offer to provide assistance and, if requested, shall provide reasonable assistance to each passenger in entering and leaving the vehicle unless the passenger indicates otherwise. Drivers shall confirm that passengers are securely seated and their possessions, if any, are secure, and the door closed, before beginning the trip. Drivers shall ensure that passengers and their possessions are safely clear of the vehicle and in an appropriate deboarding location before leaving the destination. Drivers shall board passengers at the nearest safe, legal and feasible point to the passenger’ s location and shall deboard passengers at a point from which they can safely proceed. ED. Lost Property--Report and Recordkeeping Required. All property of value found by drivers or business owners in the vehicles for hire operated by said business owners or drivers, or delivered to them by any person who has found such property, shall be reported to the City within 48 hours, unless such property shall have been claimed by and returned to the rightful owner within that time. Every business owner shall keep a record of all such property, whether returned to the owner of the property or not, for 30 days. FE. Service--Denial of. It is unlawful for a driver or business owner to refuse a prospective fare based on the distance of the route for which the service is requested, or the geographic location of either the origin or destination of the trip (except where that distance exceeds a total of 50 miles beyond the City limits of the City of Berkeley), or to take any action to actively discourage a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin, use of taxi scrip or disability, including use of service animals. GF. State Mandated Drug and Alcohol Testing. Pursuant to the provisions of California Government Code Section 53075.5, each and every driver authorized to operate a vehicle for hire in the City shall submit proof of negative testing for controlled substances and alcohol to the City as required by state law. HG. A driver may inquire whether an animal is a service animal but may not require a disabled person to show any documentation of disability or certification of the animal’ s
status as a service animal. The driver may require service animals not in carrying containers to remain on the floor of the vehicle. Section 8. That Berkeley Municipal Code Section 9.52.140 is amended to read as follows: 9.52.140 Taxicab stands. A. Taxicab Stands--Joint Use and Regulation. The City Council may approve the establishment and removal of taxicab stands by resolution. 1. All approved taxi stands shall be for the joint use of all taxicab business owners and drivers permitted to operate within the City. 2. During the period of use of the spaces referred to in this section, vehicles shall at all times be parked in accordance with posted signage and existing markings on the pavement or, in event that specific space is set aside for the use of taxicabs, parking by taxicabs shall be restricted to such specific location. 3. No taxicab shall stand or park while awaiting employment at any place other than at a joint use taxicab stand as specified in this chapter. 34. No taxicab shall be parked unattended in any taxicab stand for a period of time exceeding five minutes. 4. Except as stated in Section 9.52.140.A.1, Section 9.52.140.A.2 and Section 9.52.140.A.3, no taxicab shall be stored or left attended or left unattended for any reason on any public street, except for the following: a. When legally parked at a designated taxi stand; b. when legally parked at a metered space, c. for not longer than the permitted time allowed by posted signage in non-residential areas, d. for no more than one (1) hour when parked in residential areas not regulated by parking meters or posted signage. B. Emergency Stands Authorized When. Under conditions where large crowds are to gather or have gathered and where an unusual demand for taxicab service may exist the City may set aside space for exclusive use by taxicabs for such period of time that such emergency condition may exist. Section 9. That Berkeley Municipal Code Section 9.52.150 is amended to read as follows: 9.52.150 Suspension of permits. A. The City shall immediately suspend any driver’s permit if he or she is operating a vehicle for hire without a valid driver’ s license. B. An owner or driver operating a vehicle in violation of Section 9.52.070 or Section 9.52.080 is in violation of this Chapter and the vehicle permit shall be immediately suspended. The City may suspend a vehicle permit if the vehicle: (1) has physical defects or is damaged and may cause harm or injury to persons or property or impairs the routine operation of the vehicle, (2) has mechanical defects or malfunctions, (3) cannot be operated safely or (4) is not registered with the State of California. there is damage to, or mechanical malfunction of, the vehicle such that it cannot be operated safely or it is not
currently registered with the State of California. Such vehicle shall not be allowed to operate until all violations are corrected and proof of correction has been provided in writing to the City of Berkeley Finance Department. If the Finance Department has not been notified within ten (10) days that the violations have been corrected, the City may issue a notice of revocation and proceed as set forth in this Chapter.Such permit suspension shall be lifted upon a showing that the violations have been corrected. If no such showing has been made within a reasonable time, depending on the type of violation, the City may issue a notice of revocation and proceed as set forth in this chapter. During the time that the permit is suspended, it shall be unlawful for the permittee to exercise any of the rights granted under this chapter. CB. The City shall immediately suspend any owner’ s permit for a period of 30 days if unlicensed or unpermitted drivers have operated any of that owner’ s vehicles for hire. three or more times within any 12-month period. D. Any owner or driver engaged in disturbances of the peace, violence, moral turpitude, sex assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive littering, excessive noise, or lewd conduct shall have his or her owner and/or driver permit suspended pending a revocation hearing. E. Any business owner or driver adjudged to have violated this Chapter three times or more in the same calendar year shall have his or her business owner’s permit or driver’s permit immediately suspended pending a revocation hearing.
Section 10. That Berkeley Municipal Code Section 9.52.160 is amended to read as follows: 9.52.160 Revocation of permits. A. Generally. In addition to Section 9.52.150, aAny permit issued by the City under this chapter may be revoked by the City for any of the following reasons including but not limited to: 1. The existence of any fact which, at the time of application, would have caused the City to deny the application, whether or not such fact existed at the time of the application or occurred thereafter; 2. Any violation of laws relating to the operation of a motor vehicle including but not limited to reckless driving, driving under the influence of alcohol or controlled substances, or other violations indicating that a driver is not competent to operate a vehicle for hire in a consistently safe manner; 3. A motor vehicle accident resulting in injuries to persons or property caused by the culpable act or omission of the driver or business owner; 4. Failure to pay any judgment for damages arising out of the unlawful or negligent operation of any vehicle for hire; 5. Failure to maintain insurance as required by this chapter; 6. Failure to maintain a vehicle for hire in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a vehicle permit;
7. Failure to pay any outstanding administrative penalties arising from violations of this Chapter; 87. Any violation of this chapter. B. Appeal of Notice of Revocation. 1. The permit holder shall be entitled to appeal the City’s decision to revoke his or her permit by filing a written notice of appeal with the City Clerk within ten days from the date the notice of revocation is mailed. a. If the permit holder files a timely request for appeal, a hearing shall be held with ten days written notice of the hearing date, time and location to the appellant. b. The appellant shall be entitled to present evidence and call witnesses in this hearing and the City Manager or his or her designee shall preside over the hearing. officer’s decision shall be final. The decision of the City Manager or his or her designee shall be final. 2. Pending the appeal hearing it shall be lawful for the permit holder to operate his or her business or operate a vehicle for hire unless the permit at issue has been suspended. If the notice of revocation is affirmed on appeal, the permit at issue immediately shall be revoked and surrendered to the City. Section 11. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Attachment 2 RESOLUTION NO. ##,###-N.S. AMENDING SECTION A AND SECTION D OF RESOLUTION NO. 62,299-N.S. TO ESTABLISH FEES FOR TAXI BUSINESS OWNER PERMIT TRANSFERS AND TAXI VEHICLE PERMIT TRANSFERS AND ESTABLISH NEW TAXI STANDS ON THE EAST SIDE OF THE 2200 BLOCK OF PIEDMONT AVENUE; THE NORTH SIDE OF THE 2500 BLOCK OF BANCROFT WAY; THE EAST SIDE OF THE 3100 BLOCK OF MARTIN LUTHER KING JR. WAY AND RELOCATING THE TAXI STAND AT UNIVERSITY AND FOURTH 100 FEET EAST ON UNIVERSITY WHEREAS, the City has the authority to establish taxi stands, taxi business permit transfer fees and taxi vehicle permit transfer fees; and WHEREAS, the need to create more opportunity for taxi owners and taxi drivers requires that they have the ability to transfer taxi business owner permits and taxi vehicle permits. WHEREAS, the need to create more opportunity for taxi owners and taxi drivers to provide increased service to Berkeley residents requires that they have the ability to be conveniently located; and WHEREAS, the availability of taxis in high traffic areas requires an increase in available taxi zones. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Section A of Resolution No. 62,299-N.S. is hereby amended as follows: A. The following fees are hereby established for annual permits, business owner permit transfers and vehicle permit transfers governing the operation vehicles for hire in the City of Berkeley on and after July 19, 2011: 1. Owner’s Permit $350 2. Vehicle Permit $ 75 3. Driver’s Permit $ 25 BE IT FURTHER RESOLVED by the Council of the City of Berkeley that Section D of Resolution No. 62,299-N.S. is hereby amended as follows: D. The following locations are hereby established as joint use taxicab stands: 1. That the area located on the south side of Durant Avenue, beginning 77’ east from the east curb line of Bowditch Street for 48’ easterly is hereby designated a joint use taxicab stand. 2. That the area located at the underpass, on the south side of University Avenue, beginning 150’ west from the west curb line of Fourth Street for 20’ easterly is hereby designated a joint use taxicab stand.
3. That the area located on the south side of Hearst Avenue, beginning 44’ west from the west curb line extended from Euclid Avenue for 22’ westerly is here by designated a joint use taxicab stand. 4. That the area located on the north side of Gilman Street, beginning 84’ east from the east curb line of Tenth Street for 40’ easterly is herby designated a joint use taxicab stand. 5. That the area located on the south side of Webster Street, beginning the easterly 32’ of the south side of Webster Street west of Colby Street is hereby designated a joint use taxicab stand. 6. That the area located on the south side of Center Street, beginning 44’ west of the westerly right of way of Shattuck Avenue for 120’ westerly is hereby designated a joint use taxicab stand. 7. That the area located on the east side of Piedmont Avenue, beginning 80’ north from the north curb line extended from Bancroft Way for 20’ northerly is hereby designated a joint use taxicab stand. 8. That the area located on the north side of Bancroft Way, beginning 107’ west from the west curb line of Barrow Lane for 20’ easterly is hereby designated a joint use taxicab stand. 9. That the area allocated on the east side of Martin Luther King Jr. Way, beginning 12’ north from the north curb line extended from Woolsey Street for 80’ northerly is hereby designated a joint use taxicab stand zone.