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HomeMy WebLinkAboutAdopt Ordinance No. 4178 amending Huntington Beach Municipal APPRoVEb ? -o 1_ City of Huntington Beach File #: 19-392 MEETING DATE: 4/1/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Adopt Ordinance No. 4178 amending Huntington Beach Municipal Code Chapter 5.48 relating to Taxi Cabs Approved for introduction 3/18/2019 - Vote: 5-0-2 (Brenden, Delgleize absent) Statement of Issue: With the implementation of Assembly Bill 1069 (Low), the regulation of taxi cabs in the State of California has changed dramatically and required all cities which previously had adopted similar ordinances for inclusion in the Orange County Taxi Administration Program (OCTAP) to amend those ordinances based on the new law. This Council Action seeks to amend the City's Municipal Code Chapter 5.48 relating to Taxi Cabs. The amendment retains the OCTAP partnership and adopts the OCTAP regulations as approved by the OCTAP Steering Committee. Financial Impact: None with this action. On December 17, 2018, City Council authorized the City Manager to execute Cooperative Agreement No. C-8-2015. This agreement specifies that the City's funding share of OCTAP is 6.04% or $5,943.21 in FY 18/19, $14,306.84 in FY 19/20 and $10,634.91 in FY 20/21 . Funding is included in the City Manager's annual budget 10030101 . The share is based on population and the costs are estimates and could be adjusted slightly each year. Recommended Action: Adopt Ordinance No. 4178, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs." Alternative Action(s): Do not adopt and direct staff accordingly. Analysis: The Orange County Transportation Authority (OCTA) has administered the Orange County Taxi Administration Program (OCTAP) on behalf of Orange County cities and the County of Orange since City of Huntington Beach Page 1 of 2 Printed on 3/27/2019 - -124 _,<-,. File #: 19-392 MEETING DATE: 4/1/2019 1998. At that time, OCTAP was created to consolidate the licensing, application, and administrative functions to assist the cities and the County of Orange (member agencies) in meeting their requirements set forth in Government Code Section 53075.5 and Vehicle Code 21100, et seq. In October 2017, then Governor Brown signed into law new taxi regulations (AB 1069 - Chapter 753, Statutes of 2017). This new law changed the way taxis were regulated and OCTAP could no longer operate as it once was. In October of 2018, the OCTA Board of Directors directed staff to establish a cooperative agreement with Orange County cities and the County of Orange for the administration of the Orange County Taxi Administration Program from January 1, 2019, through December 31, 2020. On December 17, 2018, the City Council approved Cooperative Agreement No. C-8-2015 with OCTA and the Cities within Orange County for the program. Since its inception, OCTAP was designed to be funded entirely through permit and license fees collected from taxi operators and drivers. With the arrival of transportation network companies (TNC), such as Uber and Lyft, the marketplace has greatly reduced revenues and, thereby, created a financially unsustainable condition for OCTAP as currently funded. Following discussion with the Orange County City Manager's Association (OCCMA), it was determined that contributions from member agencies would be required for OCTA to continue to administer OCTAP. Due to the continued decline of taxicab permits, the permit fees alone are not enough to sustain the program and therefore external contributions from member agencies were agreed upon using a population- based cost sharing model. A new OCTAP structure was established, which included the formation of a Steering Committee, which the City's Assistant to the City Manager sits on along with members from the Cities of Fullerton, Garden Grove, Newport Beach, Orange, and the County of Orange. At the February 5, 2019, meeting, the OCTAP Steering Committee approved new bylaws, adopted new (and reduced) taxi regulations, a fine schedule, metered rates, and considered OCTAP permit fees for OCTA Board consideration. The committee unanimously approved all items, including recommending the proposed permit fees to the OCTA Board. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain public safety Improve Quality of Life Attachment(s): 1. Ordinance No. 4178, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs" 2. Legislative Draft. City of Huntington Beach Page 2 of 2 Printed on 3/27/2019 powered LegistarT"' ORDINANCE NO. 4178 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 5.48 TAXICABS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 5.48 of the Municipal Code is amended to read as follows: "5.48.010 Definitions For the purpose of this Chapter,the words and phrases herein defined shall be construed in accordance with the following definitions: "City" means the City of Huntington Beach. "City Authorization"means City authorization to operate a Taxicab business in the City. "Driver" means a person who drives a Taxicab and who has a valid OCTAP-issued.Driver Permit. "Driver's Permit"means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a Taxicab. "Exclusive Ride"means one or more passengers hiring a Driver for a ride to a specified destination. As part of an Exclusive Ride, the passenger may direct the Driver to pick up additional passengers en-route to a destination and incur the additional metered time and/or distance that would be required. "OCTAP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority of which the City is a member. "OCTAP Regulations means the current Regulations of OCT AP. "Operate a Taxicab"means to drive a Taxicab and.either solicit or pick up passengers for hire in the City. "Owner" means the registered owner or lessor of a Taxicab. "Person" includes natural person, firm, association, organization, partnership, business; trust, corporation, or public entity. "Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet Website. A Taxicab company may provide prearranged trips anywhere within the couniy in which it has obtained a Taxicab Company Permit. "Substantially Locaied" means the primary business address of the Taxicab Company or Driver is located, and the City within Orange County which accounts for the largest share of that Company or Driver's total number of trips within Orange County over the past year and determined every five years thereafter, as further defined at Government Code Section 53075.5(k)(2). "'Taxicab" means a vehicle operated within the jurisdiction of the City,ca- abie of carrying not more than eight persons, excluding the drive-, and used to carry passengers for hire. Thr- term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any State agency, including the Public Utilities Commission, or any other vehicle having a SF/19-7285/198907 ORDINANCE NO. 4178 Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. "Taxicab Company" means a passenger-for-hire business either based in the City or elsewhere whose business activity includes picking up any passengers in the City by on- demand requests, a radio dispatched service, or referral which results in charging the passenger,by metered time and/or distance to a destination identified by the hiring passenger for an Exclusive Ride. Such taxi services are a business that is required to be permitted under this Chapter. Taxi services which have picked up passengers outside of the City and delivered the passengers to a location within the City are excluded from the permitting requirements under this Chapter. "Taxicab Company Permit" means a valid permit issued by OCTAP authorizing a Company to operate a Taxicab business within those cities and jurisdictions participating i):i OCTAP. "Taxicab Vehicle Permit"means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a Taxicab. 5.48.020 OCTAP Authorization Required A. No Person shall only operate a Taxicab in the City without an OCTAP issued i axicab Company Permit. B. Only an Owner authorized by OCTAP may operate its taxicabs in the City. 5.48.030 Driver Permit Required No Person shall operate a Taxicab in the City without an OCTAP issued Driver's Permit. Nc Owner shall permit a Person to operate the Owner's Taxicab unless the Person possesses an OCTAP issued Driver's Permit. 5.48.040 Taxicab Vehicle Permit Required No Person shall operate a Taxicab unless his or her.vehicle displays an OCTAP issued Taxicab Vehicle Permit. No Owner shall permit his or her Taxicab to be operated in the City unless the Taxicab displays a Taxicab Vehicle Permit. 5.48.050 Taxicab Business Permit Required No Person shall operate a Taxicab Company in the City witout an OCTAP issued Taxicab Company Permit. SF:19-7285/197830 2 ORDINANCE NO. 4178 5.48.060 Application for Permits Applications for a Driver Permit, Taxicab Vehicle Permit or Taxicab Company Permit shalt be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by OCTAP. 5.48.070 Equipment A Taxicab operated under the authority of this Chapter shall be equipped according to the OCTAP Regulations. 5 48 080 Data Collection to Determine Substantially Located. Pursuant-Lo Government Code Section 53075.52 beginning January 1, 20i9, all Taxicab ompanies and Drivers shall collect data to determine which jurisdiction each Company and Driver are Substantially Located. Beginning January 1, 2019, data for prearranged and non- prearranged trips collected in the previous twelve (12) months shall be provided upon the date of renewal to the City of any Taxicab Company. 5.48.090 Notice of Substantially Located in City. Any Taxicab Company or Driver who changes from being Substantially Located in another jurisdiction to be Substantially Located in the City shall provide the City with six months' notice prior to making that change. 5.48.100 Mechanical Condition A Taxicab operated under the authority of this Chapter shall be mauitained according to the OCTAP Regulations. 5.48.110 Operational Requirements, A. A Driver shall only carry a passenger to his or her destination by the most direct and accessible route. B, A Taxicab shall have all Permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP. C. A Taxicab shall have the following information continuously posted in a prominent location in the Taxicab passenger's compartment according to the standards established by OCTAP-. l. A schedule of rates ane( charges for the hire of said Taxicab; SF:19-7285/197830 3 ORDINANCE NO. 4178 2. The Driver's name and address; 3. The Owner's name, address and telephone number; 4. The taxicab identification number; 5. The Driver's Permit issued pursuant to this Chapter; 6. The Taxicab Vehicle Permit issued pursuant to this Chapter; and 7. Any other information required by the City. D. A Driver shall give a receipt for the amount charged upon the request of the person paying the fare. E. A Taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. F. A Driver- shall not leave his or her Taxicab to solicit passengers. G. The name or trade name of the Owner and the number by which the Taxicab is designated shall be printed, stamped or stenciled conspicuously on.the oatside of each Taxicab according to the standards established by OCTAP and adopted by separate resolution of the City Council. 5.48.120 Rates and Charges No Driver shall charge fares and charges higher than those established by.00TAP. 5.48.130 Separate From Business Licensing The requirements of this Chapter are separate and independent from the business licensing and any other provisions under this Code. 5.48.140 Penalty A. The City intends to secure compliance with the provisions of this Chapter by any of the following alternate, separate and distinct methods.Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive met- od being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense. B. Notwithstanding any other provision of tkis Chapter,each violation of Clie provisions of this Chapter may be enforced alternatively as follows: 1. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter may be prosecuted far art infraction. Written citations for infractions may be issued by police officers. Any person convicted of an infraction under the provisions of this Chapter small be punished either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or, where no fine is specified therein, by: a. A fine not exceeding $i 00.00 for a first violation; SF:19-7285/197830 4 ORDINANCE NO. 4178 b. A fine not exceeding $200.00 for a second violation within one year; c. A fine not exceeding $500.00 for each additional violation within one year. 2. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter may be prosecuted for a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Chapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. 3. Civil Action. The City Attorney by and at the request of the City Council; may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Chapter, as provided by law. 4. Administrative Hearing. a. Upon a finding by the City official vested with the authority to enforce th;. various provisions of this Chapter that a violation exists, he or she may riotif-y the person(s) deemed responsible for said violation(s) that a public hearing shall be held before the City Council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e. abatement or other action required. b. Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought; and shall be given not later than 10 days prior to the scheduled date of the hearing. c. The City Council may preside over the hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. d. The City Council shall render i-s decision within 4!5 days froM the Gate of tree hearing or, in the event that a hearing officer has been appointed, withii; 45 days from the date on which the City Council receives the finIirIgs and recommendations of the hearing officer. The decision or the City Council shall be final and enforceable as provided by law." SF:19-7285/197830 5 ORDINANCE NO. 4178 SECTION 2. This Ordinance snail become effective 30 days after its ado. -.ic-n. PASSED AND ADOPTED by the City Council of the City of Huntington Eeacn at a regular meeting thereof held on the i st day of April , 2019. Mayor AT TEST: APPROVED AS TO FORM: z�/ Ci'iy Clerk City Attorney 4 rr REVIEWED AND APPROVED: INITIATED AND APPRO"VED: ity anager C ty anager SF:19-7285/197830 6 Ord. No. 4178 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on March 18,2019,and was again read to said City Council at a Regular meeting thereof held on April 1,2019, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Orange County Register on April 11,2019. In accordance with the City Charter of said City. AIM Robin Estanislau Cily Clerk City Clerk and ex-officio Clerk DeDuty City Clerk of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT HBMC Section 5048 5.48.010 Definitions For the purpose of this Cehapter, the words and phrases herein defined shall be construed in accordance with the following definitions: "City"means the City of Huntington Beach. "City autherizati Authorization"means City authorization to operate a Ttaxicab business in the City. "Driver"means a person who drives a Taxicab and who has a valid OCTAP-issued Driver Permit, Gon4rels th anent:, of a ta-xie b "Driver's P_Permit"means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a Ttaxicab. "Exclusive Ride" means one or more passengers hiring a Driver For a ride to a specified destination As part of an Exclusive Ride the passenger may direct the Driver to pickup additional passengers en-route to a destination and incur the additional metered time and/or distance that would be required. "OCTAP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority of which the City is a member. "OCTAP Regulations" means the current Regulations of OCTAP. "Operate a Ttaxicab means to drive a Ttaxicab and either solicit or pick up passengers for hire in the City. "Owner" means the registered owner or lessor of a Ttaxicab. "Person" includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. "Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet Website A Taxicab company may provide prearranged trips anywhere within the county in which it has obtained a Taxicab Company Permit. "Substantially Located" means the primary business address of the Taxicab Company or Driver is located and the City within Orange County which accounts for the largest share of that Company or Driver's total number of trips within Orange County over the past year and determined every five years thereafter, as further defined at Government Code Section 53075.5(k)(21. "Taxicab" means a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any S-state agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. 1 SF/19-7285/198030 132 valid r n iilevv. "Taxicab Company" means a passenger-for-hire business either based in the City or elsewhere whose business activity includes picking up any passengers in the City by on- demand requests a radio dispatched service,or referral which results in charging the passenger by metered time and/or distance to a destination identified by the hiring passenger for an exclusive ride Such taxi services are a business that is required to be permitted under this Chapter Taxi services which have picked up passengers outside of the City and delivered the passengers to a location within the City are excluded from the permitting requirements under this Chanter. "Taxicab Company Permit" means a valid permit issued by OCTAP authorizing a Company to operate a Taxicab business within those cities and jurisdictions partici atin in OCTAP. "Taxicab Vvehicle Permit" means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a Ttaxicab. 5.48.020 OCTAP Authorization Required A. No A Ryerson shall only operate a Ttaxicab in the City without an OCTAP issued Taxicab Company Permit. if of that taxiea-b is fttherized by the City to operate a lwdeab business in 0ie GA5. B. Only gAn Owner authorized by OCTAP may.o ep rate slia}l-eay its anew-a4Taxicabs + b Wsiness in the City. 5 48 030 Driverls Permit Required A No Ryerson shall errly operate a Ttaxicab in the City without an OCTAP issued;v that erse JVll a fif the City tt, ,-ization An No Oewner pe�es�se-s�Ddriver s hermit. _==µ shall only-mew permit a Person der to operate a the Owner's Ttaxicab unless the owned b) the owner i f4h t Person dfiv@r possesses an OCTAP issued Ddriver's 1permit. and if!he City 5 48 040 Taxicab Vehicle Permit Required A No Rperson shall enly operate a Ttaxicab if unless his or her that vehicle displays an OCTAP issued aTtaxicab Vvehicleermit� and if City autherization has been..obtaine . An No Downer shall permit his or her errly-ala-Ttaxicab owned by the owner-to be operated in the City unless the Taxicab ifthat v ehie'e displays a Ttaxicab Vvehicle PPpermit and if City a thor-iz"tion SF;19-7285/198030 2 133 5.48.050 Taxicab Business Permit Required A No pperson shall eny operate a Ttaxicab Company bu�xess in the City without an OCTAP issued that pefsen possesses' a Ttaxicab Company business hermit and if City a:4herizatie �H a 1A .1 5.48.060 Application for Permits Applications for a D_driver Ppermit, Ttaxicab V_vehicle Ppermit or Ttaxicab Company business Ppermit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by OCTAP C n 4 0 70 Testing f Controlled S—bs[a*ees and A>eW i+ y shall eam-with him or her at all times proof 0 A-t-jA-nj,tP-,d by separa e Fesolution ef City Geuneil. Said pfeef of insuraaee must eleafly identify the 1 ie e ee roy-o.l c 48 pan N + f 1,'1i+ No per-mit issiaed undef this ehaptef sha4l be assigned to, or-used by, any per-son er vehiele Othef than the rnamed in re 5.48.07—00 Equipment A Ttaxicab operated under the authority of this Cehapter shall be equipped according to the standards established by OCTAP Regulations and adopted by separate Feselution a C—euneil, 48 080 Data Collection to Determine Substantially,Located. Pursuant to Government Code Section 53075 52 beginning January 1 2019, all Taxicab Companies and Drivers shall collect data to determine which jurisdiction each Company and Driver are Substantially Located Beginning January 1 2019 data for prearranged and non- prearranged trips collected in the previous twelve (12) months shall be provided upon the date of renewal to the City of any Taxicab Company. SF;19-7285/198030 3 134 5 48 090 Notice of Substantially Located in Qb Any Taxicab Company or Driver who changes from being Substantially Located in another jurisdiction to be Substantially Located in the City shall provide the City with six months' notice prior to making that change. 5.481R0 Mechanical Condition A Ttaxicab operated under the authority of this Cshapter shall be maintained according to the sta,qdards established b., OCTAP Regulations and adopted by separate fr—OkAi011 Of thO Qt)� Gou*eil. 5.48.1120 Operational Requirements A. A D_driver shall only carry a passenger to his or her destination by the most direct and accessible route. B. A Ttaxicab shall have all Ppermits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by-separate r-esolutieft of City CE)Uneil. C. A Taxicab shall have the following information continuously posted in a prominent location in the Ttaxicab passenger's compartment according to the standards established by OCTAP: 1. A.schedule of rates and charges for the hire of said Taxicab; 2. The Ddriver's name and address; 3. The Oewner's name, address and telephone number; 4. The taxicab identification number; 5. The D_driver's hermit issued pursuant to this Cshapter; 6. The Ttaxicab Vvehicle 1Ppermit issued pursuant to this Cshapter; and 7. Any other information required by the City. D. A Ddriver shall give a receipt for the amount charged upon the request of the person paying the fare. E. A Ttaxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. F. A D_driver shall not leave his or her Ttaxicab to solicit passengers. G. The name or trade name of the Oawner and the number by which the Ttaxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each Ttaxicab according to the standards established by OCTAP and adopted by separate resolution of the City Council. 5F:19-7285/198030 4 135 5.48.12-30 Rates and Charges No Ddriver shall charge fares rates and charges higher ether than those established by OCTAP aftd adopted by separate reselutieft of Gity 5 48 130 Separate From Business Licensing The requirements of this Cehapter are separate and independent from the business licensing and any other provisions under this Code. 5.48.1450 Penalty A. The City intends to secure compliance with the provisions of this Cehapter by any of the following alternate, separate and distinct methods, Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense. B. Notwithstanding any other provision of this Cehapter, each violation of the provisions of this Cehapter may be enforced alternatively as follows: 1. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Cehapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers. Any person convicted of an infraction under the provisions of this Cehapter shall be punished either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or, where no fine is specified therein, by: a. A fine not exceeding$100.00 for a first violation; b. A fine not exceeding $200.00 for a second violation within one year; c. A fine not exceeding$500.00 for each additional violation within one year. 2. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Cehapter may be prosecuted for a misdemeanor. Any person convicted.of a misdemeanor under the provisions of this Cehapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. 3. Civil Action. The City Attorney by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Cehapter, as provided by law. 4. Administrative Hearing. a. Upon a finding by the City official vested with the authority to enforce the various provisions of this Cehapter that a violation exists, he or she may notify the person(s) deemed responsible for said violation(s) that a public hearing shall be held before the City Council to hear and determine the existence of said SF:19-7285/198030 5 136 violation(s) and the anticipated compliance necessary, i,e, abatement or other action required. b. Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than 10 days prior to the scheduled date of the hearing. c, The City Council may preside over the hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. d. The City Council shall render its decision within 45 days from the date of the hearing or, in the event that a hearing officer has been appointed, within 45 days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final and enforceable as provided by law. SF:19-7285/198030 6 137 APPRoVEJ) 5-0-Z. Y J&QJWI nDex nFL6L.E/ZEA&TENT) - �_ _ City of Huntington Beach A Do ` WE'D D. g179 File #: 19-312 MEETING DATE: 3/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Adopt Resolution No. 2019-13 adopting revised Orange County Taxi Administration Program (OCTAP) regulations and approving for introduction Ordinance No. 4178 amending Huntington Beach Municipal Code Chapter 5.48 relating to Taxi Cabs Statement of Issue: With the implementation of Assembly Bill 1069 (Low), the regulation of taxi cabs in the State of California has changed dramatically and required all cities which previously had adopted similar ordinances for inclusion in the Orange County Taxi Administration Program (OCTAP) to amend those ordinances based on the new law. This Council Action seeks to amend the City's Municipal Code Chapter 5.48 relating to Taxi Cabs. The amendment retains the OCTAP partnership and adopts the OCTAP regulations as approved by the OCTAP Steering Committee. Financial Impact: None with this action. On December 17, 2018, City Council authorized the City Manager to execute Cooperative Agreement No. C-8-2015. This agreement specifies that the City's funding share of OCTAP is 6.04% or $5,943.21 in FY 18/19, $14,306.84 in FY 19/20 and $10,634.91 in FY 20/21. Funding is included in the City Manager's annual budget 10030101. The share is based on population and the costs are estimates and could be adjusted slightly each year. Recommended Action: A) Adopt Resolution No. 2019-13, "A Resolution of the City Council of the City of Huntington Beach Adopting Revised Orange County Taxi Administration Program Regulations;" and, B) Approve for introduction Ordinance No. 4178, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs." Alternative Action(s): Do not adopt and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 3 Printed on 3/13/2019 powere44465 LegistarTI File #: 19-312 MEETING DATE: 3/18/2019 The Orange County Transportation Authority (OCTA) has administered the Orange County Taxi Administration Program (OCTAP) on behalf of Orange County cities and the County of Orange since 1998. At that time, OCTAP was created to consolidate the licensing, application, and administrative functions to assist the cities and the County of Orange (member agencies) in meeting their requirements set forth in Government Code Section 53075.5 and Vehicle Code 21100, et seq. In October 2017, then Governor Brown signed into law new taxi regulations (AB 1069 - Chapter 753, Statutes of 2017). This new law changed the way taxis were regulated and OCTAP could no longer operate as it once was. In October of 2018, the OCTA Board of Directors directed staff to establish a cooperative agreement with Orange County cities and the County of Orange for the administration of the Orange County Taxi Administration Program from January 1, 2019, through December 31, 2020. On December 17, 2018, the City Council approved Cooperative Agreement No. C-8-2015 with OCTA and the Cities within Orange County for the program. Since its inception, OCTAP was designed to be funded entirely through permit and license fees collected from taxi operators and drivers. With the arrival of transportation network companies (TNC), such as Uber and Lyft, the marketplace has greatly reduced revenues and, thereby, created a financially unsustainable condition for OCTAP as currently funded. Following discussion with the Orange County City Manager's Association (OCCMA), it was determined that contributions from member agencies would be required for OCTA to continue to administer OCTAP. Due to the continued decline of taxicab permits, the permit fees alone are not enough to sustain the program and therefore external contributions from member agencies were agreed upon using a population- based cost sharing model. A new OCTAP structure was established, which included the formation of a Steering Committee, which the City's Assistant to the City Manager sits on along with members from the Cities of Fullerton, Garden Grove, Newport Beach, Orange, and the County of Orange. At the February 5, 2019, meeting, the OCTAP Steering Committee approved new bylaws, adopted new (and reduced) taxi regulations, a fine schedule, metered rates, and considered OCTAP permit fees for OCTA Board consideration. The committee unanimously approved all items, including recommending the proposed permit fees to the OCTA Board. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain public safety Improve Quality of Life Attachment(s): 1. Resolution No. 2019-13, "A Resolution of the City Council of the City of Huntington Beach Adopting Revised Orange County Taxi Administration Program Regulations" 2. Ordinance No. 4178, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs" 3. Legislative Draft. City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powereW!Legistar- RESOLUTION NO. 2019-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS WHEREAS, Government Code Section 53075.5 et. seq. requires every city or county to protect the public health, safety, and welfare by adopting an Ordinance or Resolution in regard to taxicab transportation services which are operated within the jurisdiction of said city or county; and WHEREAS, the City regulates Taxicabs pursuant to Chapter 5.48 of the Huntington Beach Municipal Code ("Chapter 5.48"); and WHEREAS, Orange County cities have formed a voluntary association, the Orange County Taxi Administration Program ("OCTAP"), to coordinate taxicab service permitting and other administrative functions with the Orange County Transportation Authority ("OCTA") in order to increase public safety, to reduce administrative costs for the public and the private sector, and to expand the provisions of private transportation service in Orange County; and WHEREAS, on November 17, 1997, the City entered into an interagency agreement with the OCTA in which the City agreed to participate as a member agency in OCTAP, and the OCTA agreed to provide the staff and administrative services necessary to implement the Program; and WHEREAS, OCTAP has been in operation since 1998 and has conducted quarterly meetings with OCTAP Steering Committee and OCTAP Public Safety Committee, comprised of designated representatives from each OCTAP member agency; and WHEREAS, pursuant to the City Council Resolution No. 2010-02, the City adopted OCTAP's uniform Regulations applicable to Taxicab Companies and Drivers, which Regulations establish minimum standards for Taxicab insurance, equipment, mechanical conditions, fares and charges, and other aspects of Operat llig a Taxicab, as those terns are define in Chapter 5.48; and WHEREAS, effective January 1,2019, AB 1079 attempts to modernize taxicab regulation in California in order to counter competitive pressure created by "for-hire" ridesharing companies such as Lyft and Uber, by limiting Taxicab Companies to the regulatory jurisdiction of the city where the taxicabs are"substantially located,"which is where the Company is located and where the Company provides the largest number of trips in the prior year. Further AB 1079 allows jurisdictions to share regulatory duties through joint power authority agreements such as OCTAP; and Resolution No. 2019-13 WHEREAS, AB 1079 also allows taxicab services to adjust rates in the same manner that ridesharing companies such as Lyft and Uber adjust rates, including the use and development of"apps"to facilitate rate adjustments and to allow for pre-arranged rides; and WHEREAS, the OCTAP Safety Committee has reviewed, and the OCTAP Steering Committee has reviewed and approved amendments to the OCTAP Regulations to further protect the health, safety, and welfare of persons utilizing taxicab services in member agencies'jurisdictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1: The City Council of the City of Huntington Beach hereby ratifies and adopts the revised OCTAP regulations dated: and approved by the OCTAP Steering Committee on February 5, 2019, a copy of which is attached hereto as Attachment A. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting hereof held on the 18th day of March , 2019. Mayor APPROVED AS TO FORM: C' Attorney INITIATED AND APPROVED: C' Man ger 19-7285/197872 2 A+lnhmcnt F� R.,olvp'eni ND.. a'9-13 GE Co 0 ■ REGULATIONS OF THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM TABLE OF CONTENTS PURPOSEAND SCOPE............................................................................................3 DEFINITIONS.............................................................................................................4 AGENCY AND OCTA PARTICIPATION....................................................................5 AgencyResponsibilities............................................................................................... 5 OCTAResponsibilities................................................................................................. 6 STEERINGCOMMITTEE...........................................................................................6 1. GENERAL RULES AND REQUIREMENTS........................................................6 1.1 Permittee...................................................................................................... 7 1.2 Permitted Drivers. ........................................................................................ 8 2. COMPANY PERMITS.........................................................................................9 2.1 Company Permit Requirements. .................................................................. 9 2.2 Company Permit Denial. ............................................................................ 12 2.3 Company Affiliated Drivers......................................................................... 13 2.4 Company Permit Issuance. ........................................................................ 13 2.5 Term of Company Permit. .......................................................................... 14 2.6 Company Permit Renewal. ........................................................................ 14 2.7 Company Permit Suspension/Revocation.................................................. 14 2.8 Company Permit Penalties/Suspensions. .................................................. 15 2.9 Right to Appeal........................................................................................... 15 2.10 Agency or Other Transportation Agreements............................................. 15 3. DRIVER PERMITS ........................................................................................... 16 3.1 Driver Permit Requirements....................................................................... 16 3.2 Driver Permit Issuance............................................................................... 17 3.3 Term of Driver Permit................................................................................. 17 3.4 Renewal of Driver Permit. .......................................................................... 17 3.5 Driver Permit Limitation.............................................................................. 17 3.6 Replacement Driver Permit. ....................................................................... 17 3.7 Driver Permit Transfer to Another Company. ............................................. 17 3.8 Driver Permit Denial................................................................................... 18 3.9 Driver Permit Suspension/Revocation........................................................ 19 3.10 Driver Permit Penalty/Suspension.............................................................. 20 3.11 Driver Permit Appeal.................................................................................. 20 3.12 Driver Permit Surrender. ............................................................................ 20 4. TAXICAB PERMITS.............................................................................................20 4.1 Taxicab Permit Required............................................................................. 20 4.2 Inspections................................................................................................. 21 4.3 Vehicle Replacement. ................................................................................ 21 4.4 Taxicab Permit Renewal. ........................................................................... 21 4.5 Taxicab Permit Surrender. ......................................................................... 22 4.6 Replacement Taxicab Permit. .................................................................... 22 5. TAXICAB REQUIREMENTS.............................................................................22 5.1 Proof of Insurance....................................................................................... 22 5.2 California Vehicle Registration. ................................................................... 22 5.3 Taxi Company Designation......................................................................... 23 i 5.4 Vehicle Maintenance and Records.............................................................. 23 5.5 Seating........................................................................................................ 23 6. TAXICAB OPERATION....................................................................................23 6.1 Solicitation.................................................................................................. 23 6.2 Fares Charged. .......................................................................................... 23 6.3 Receipt....................................................................................................... 23 6.4 Accidents. .................................................................................................. 24 6.5 Agency or other Transportation Agreements. ............................................ 24 6.6 Advertising. ................................................................................................ 24 7. REPORTING VIOLATIONS OF OCTAP REGULATIONS ...............................24 8. APPEALS AND ADMINISTRATIVE HEARINGS.............................................25 8.1 Notice of Appeal......................................................................................... 25 8.2 Stay............................................................................................................ 25 8.3 Stay, Exception. ......................................................................................... 25 8.4 Initial Review of Appeal.............................................................................. 25 8.5 Hearing Officer........................................................................................... 26 8.6 Administrative Hearings. ............................................................................ 26 9. PERMIT FEES AND TAXICAB FARES ............................................................26 9.1 OCTAP Permit Fees................................................................................... 27 9.2 Metered Rates............................................................................................ 27 9.3 Refund Policy............................................................................................. 27 10. AMENDMENT(S) TO REGULATIONS.............................................................27 10.1. Administrative Amendment(s). ................................................................... 27 10.2. Substantive Amendment(s)........................................................................ 27 10.3. OCTAP Permit Fees and Taxicab Metered Rates...................................... 28 OCTAPFEE STRUCTURE ......................................................................................29 ORANGE COUNTY APPROVED TAXICAB METERED RATES.............................30 OCTAP ADMINISTRATIVE ACTION AND FINES SCHEDULE ..............................31 ii PURPOSE AND SCOPE The Orange County Taxi Administration Program (OCTAP) is an association of Orange County Agencies formed to establish a policy for entry into the business of providing Taxicab transportation service in compliance with Agencies' requirements under California Government Code § 53075.5. OCTAP was formed pursuant to interagency-agreements between the Orange County Transportation Authority (OCTA) and participating Agencies. The objective of OCTAP is to establish minimum safety and service standards for the provision of Taxicab services in Orange County, to increase public safety, reduce administrative costs for the public and private sector, and to expand the provision of private transportation service in Orange County. Although not a participating Agency, OCTA provides administrative functions for the OCTAP program and manages the permitting processes necessary to issue Taxicab company, vehicle, and driver permits on behalf of the Agencies. The OCTAP Regulations are intended to define minimum Taxicab company, Taxicab vehicle, and Taxicab driver permitting requirements, establish minimum safety and service standards for the operation of a Taxicab, and consolidate the permitting of Taxicab transportation service for the Agencies. Agency Legislative Independence and Authority Retained. The OCTAP Regulations are developed by the Agencies and enforced through adoption of the OCTAP Regulations into each Agency's municipal code. Each Agency shall be responsible for enforcing the OCTAP Regulations, prosecuting violators, and notifying OCTAP of such occurrences. All policies, procedures, ordinances, rules, and regulations pertaining to Taxicab companies, Taxicab drivers, Taxicabs, fares, notices, safety, Taxicab stands, pickup, hours of operations, and all other functions not specifically provided for in the OCTAP Regulations, shall remain within the authority and jurisdiction of each Agency. Each Agency retains all authority, responsibility, and independence for Taxicab regulation and enforcement within its Area of Jurisdiction. Each Agency retains the right and authority to select the Company(ies) authorized to operate within its jurisdiction, including the number of Taxicabs authorized to pick up passengers within its jurisdiction. Each Agency reserves the right to implement and enforce additional requirements or limits beyond the OCTAP Regulations. Page 3 of 32 DEFINITIONS 1. Agency "Agency" means each City and the County of Orange that participates in OCTAP. 2. Area of Jurisdiction "Area of Jurisdiction" of each Agency means the area within the boundaries of a City, or for the County means the unincorporated area, including John Wayne Airport. 3. AS E "ASE" means the National Institute for Automotive Service Excellence. 4. Bandit Taxicab "Bandit Taxicab" refers to a Taxicab operating within the Area of Jurisdiction of any OCTAP Agency without a valid OCTAP permit, when one is required, or other permit issued by a permitting agency that is accepted by the OCTAP Agencies. 5. BAR "BAR" means the Bureau of Automotive Repair. 6. Company "Company" includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. 7. Company Permit "Company Permit" means a valid permit issued by OCTAP authorizing a Company to operate a Taxicab business within the Area of Jurisdiction of any participating Agency, which allows the Company to serve that Agency. 8. Driver "Driver" means a person who has a valid OCTAP-issued Driver Permit. Page 4 of 32 9. Driver Permit "Driver Permit" means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a Taxicab. 10. OCTA "OCTA" means the Orange County Transportation Authority. 11. OCTAP "OCTAP" means the Orange County Taxi Administration Program. 12. Permittee "Permittee" means a Company that holds a valid OCTAP Company Permit. 13. Taxicab "Taxicab" means a vehicle capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any state agency, including the California Public Utilities Commission (CPUC), or any other vehicle operating under the authority of any state agency, including the CPUC. 14. Taxicab Permit "Taxicab Permit" means a valid permit issued by OCTAP, authorizing a particular vehicle to be operated as a Taxicab. 15. Transportation Agreements "Transportation Agreements" means any separate agreement that an Agency has established with an OCTAP Permittee for operation within its jurisdiction. AGENCY AND OCTA PARTICIPATION Agency Responsibilities. Each Agency shall: o Participate as a member of OCTAP. o Appoint its City Manager, Executive Officer, or their designee, to participate as a member of the OCTAP Steering Committee. Page 5 of 32 o Adopt and enforce a Taxicab ordinance or resolution consistent with the OCTAP Regulations. o Enforce, and if necessary, prosecute all violations of its Taxicab ordinance or resolution and the OCTAP Regulations. o Notify OCTAP of any public or law enforcement complaint pertaining to permitted Taxicab companies, Taxicabs, and Taxicab drivers within its Area of Jurisdiction. OCTA Responsibilities. OCTA shall provide the services described in the OCTAP Regulations on behalf of each Agency that adopts the OCTAP Regulations by ordinance or resolution, and shall: o Provide staff and administrative services necessary to issue permits and implement the OCTAP Regulations. o Collect fees to cover the costs of administering OCTAP and collect fines associated with violations of OCTAP Regulations. However, OCTA shall not assume liability for the performance of Taxicab companies, Taxicab drivers, or Taxicabs. OCTA is not responsible for the enforcement of Agency ordinances or resolutions, the enforcement of non-permitted Taxicab operations, or for collecting franchise fees or business license fees imposed by participating Agencies on Taxicab companies or drivers. STEERING COMMITTEE The OCTAP Steering Committee shall be appointed by the Agencies. The OCTAP Steering Committee is responsible for creating the OCTAP Regulations and advising OCTA on matters including the OCTAP Regulations, the policies and procedures governing the issuance of permits, and public safety issues in Orange County. The OCTAP Steering Committee will meet as needed to advise OCTA on all matters discussed herein. 1. GENERAL RULES AND REQUIREMENTS Each OCTAP Permittee, its management, employees, affiliated drivers, leaseholders, and owner-operators are individually and jointly responsible for complying with OCTAP Regulations; all California Vehicle Codes and Statutes; all applicable federal, state and local laws, statutes, and ordinances; all ordinances of a City, Agency, Airport, or County related to the operation of a Taxicab; and all lawful orders, rules, and regulations promulgated thereunder regarding the transportation of customers in a Taxicab. Page 6 of 32 1.1. Permittee. 1.1.1 Permittee shall ensure Taxicabs are driven only by OCTAP permitted Drivers. 1.1.2 Permittee shall not operate a Taxicab without a valid Taxicab Permit from OCTAP, unless otherwise permitted by law. 1.1.3 Permittee shall notify OCTAP within forty-eight (48) business hours of an affiliated Driver who becomes unqualified or unauthorized to drive a Taxicab or upon termination of employment or affiliation with Permittee. 1.1.4 Permittee shall maintain all programs and requirements for receiving a Company Permit and verify the continuous enrollment of affiliated drivers in their OCTAP-approved drug and alcohol testing program and DMV Pull Notice program. 1.1.5 Permittee shall comply with any separate requirements that may have been adopted by any Agency in which Permittee intends to operate, including, but not limited to, establishment of a franchise and the payment of business license fees or taxes. 1.1.6 Permittee shall cooperate fully with OCTAP Staff. 1.1.7 Permittee shall notify OCTAP staff within forty-eight (48) business hours when vehicles are removed from service and will surrender OCTAP vehicle permits in accordance with Section 4.5. 1.1.8 Permittee shall maintain reasonable financial responsibility to conduct Taxicab transportation services in accordance with the OCTAP Regulations. 1.1.9 Permittee shall maintain a safety education and training program in effect for all Taxicab Drivers, whether employees or contractors. 1.1.10 Permittee shall maintain a disabled access education and training program to'instruct its Taxicab Drivers on compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal. 1.1.11 Permittee shall disclose fares, fees, or rates to the customer, and may satisfy this by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application, or telephone orders upon request. Page 7 of 32 1.1.12 For on-demand (flagged) trips, the Taxicab must possess a fully operational taximeter with current and intact seals, or any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. The customer shall not be charged a fare that exceeds the authorized fare. 1.2 Permitted Drivers. 1.2.1 A Driver must possess and display a valid OCTAP Driver Permit in order to operate a Taxicab, and at all times the taxicab is in operation, on behalf of a Permittee. 1.2.2 A driver shall not operate a taxicab without a valid OCTAP Taxicab Permit. 1.2.3 Permitted Drivers shall adhere to all regulations related to Taxicab Operation in Section 6. 1.2.4 Permitted Drivers may only pick up passengers in the Area of Jurisdiction of those agencies that have approved the Permittee he/she represents, unless otherwise permitted by law. 1.2.5 Permitted Drivers shall cooperate with the Permittee, Law and Code Enforcement Officers, and OCTAP Staff, including random testing and all vehicle inspections. 1.2.6 The Driver Permit must be displayed in the passenger side area of the dashboard, easily viewable from inside or outside of the vehicle. The Driver Permit must be attached in a way that makes it removable by the Driver to provide to law enforcement, code enforcement officers, or OCTAP staff, when requested. The Driver's California driver license number on the Driver Permit may be covered by a removable label, if desired. No other alterations, covered, or hidden information to the OCTAP Driver Permit is allowed. 1.2.7 A driver in possession of an altered or defaced permit will not be considered to be in possession of a valid Driver's Permit. 1.2.8 A Driver shall not display another person's OCTAP Driver Permit or allow another person to use their Driver Permit. Page 8 of 32 1.2.9 A Driver shall not carry more passengers in the Taxicab than are authorized by the manufacturer's recommendations. Operational seat belts must be available for all passengers. 1.2.10 A Driver shall operate a Taxicab in accordance with all applicable state and local laws and regulations and with due regard for the safety, comfort, and convenience of passengers, and of the general public. 2. COMPANY PERMITS No Company shall operate a Taxicab business or advertise as a Taxicab business within the Area of Jurisdiction of an Agency without having first obtained a Company Permit from OCTAP, unless otherwise authorized by Government Code § 53075.5, or without permission from the Agency to operate in the Area of Jurisdiction of such Agency, if the Agency's legislative body requires such permission. 2.1 Company Permit Requirements. A Company Permit shall be issued from OCTAP when the following conditions have been satisfied: 2.1.1 Submission of a complete Company Permit application package. 2.1.2 Submission of a copy of the applicant's drug and alcohol policy meeting OCTAP requirements and proof that the applicant has implemented a Drug and Alcohol Certification Program covering all its affiliated permitted Drivers pursuant to Government Code § 53075.5 and meeting the following requirements. 2.1.2.1 A contract with a drug and alcohol program administrator and authorized lab certified by the U.S. Department of Transportation. 2.1.2.2 Procedures and components substantially as in Part 40 of Title 49 of the Code of Federal Regulations, for pre- employment or pre-licensing and licensing renewal. 2.1.2.3 Procedures and components substantially as in Part 382 of Title 49 of the Code of Federal Regulations for rehabilitation, return-to-duty and follow up testing. 2.1.2.4 Procedures and components for random testing following U.S. Department of Transportation guidelines, annual minimum random testing rates, and additional tests as required following accidents, rehabilitation, return-to-service, Page 9 of 32 and other circumstances providing reasonable suspicion to test. 2.1.2.5 When requested, random testing reports to be made available to OCTAP by the program administrator. 2.1.2.6 The applicant's and program administrator's records shall be made available to OCTAP upon request within forty-eight (48) business hours. 2.1.2.7 The test results must be provided to OCTAP and the Permittee by the testing facility. 2.1.2.8 Drivers must show a valid California driver license at the time and place of testing. 2.1.3 Submission of evidence of insurance, in full force and effect, in such form as required by OCTAP, issued by a solvent and responsible company licensed to do business in the State of California, insuring the applicant against loss by reason of injury or damage that may result to persons, including Taxicab passengers, or property, from the negligent operation or maintenance of such Taxicab. 2.1.3.1 Applicant shall provide a Certificate of Insurance and Insurance Policy Binder showing that the applicant is insured for a minimum combined single limit of one million dollars ($1,000,000) for the injury or death of one or more persons in the same accident, and one hundred thousand dollars ($100,000) for injury or destruction of property with an insurer with a minimum AM Best Rating of A-7. Each insurance policy required by these Regulations shall waive all rights of subrogation against OCTA, OCTAP and its member agencies, including their respective elected and appointed officials, officers, directors, employees, agents and volunteers. No self-insured retention shall be allowed. 2.1.3.2 Deductibles shall not exceed ten thousand dollars ($10,000) per occurrence. In addition, the applicant shall direct the insurance company to provide OCTAP copies of Endorsements to the insurance policy 1) naming OCTA, OCTAP and its member agencies, including their respective elected and appointed officials, officers, directors, employees, agents and volunteers, as additional insureds; and 2) indicating that coverage shall not be reduced, terminated or cancelled without thirty (30) days prior written notice to OCTAP; and 3) the OCTAP special endorsement must be Page 10 of 32 completed and duly executed by the agent or broker of record and submitted along with the proof of insurance. 2.1.3.3 At least one (1) business day prior to the expiration of the current policies, a Permittee shall submit insurance binders evidencing insurance coverage for the policy period subsequent to the expiration of the current policies. Lapses or interruptions of insurance coverage shall cause an immediate suspension of the Company Permit, pending revocation, and an immediate revocation of all Taxicab Permits issued to the Permittee. Reinstatement of a Company Permit may require payment of applicable fees and/or fines. Furthermore, if reinstated, any Taxicab(s) a Permittee desires to be placed back into service will require the issuance of a new Taxicab Permit with applicable fees paid. 2.1.4 Submission of Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code § 1808.1 and continuous enrollment in the Pull Notice program. All affiliated Taxicab Drivers must be enrolled within seven (7) calendar days from inception of the program or date of affiliation. Permittees are required to notify OCTAP upon receipt of a DMV Pull Notice for any affiliated Driver that indicates an action that would no longer qualify the Driver for a Driver Permit. Permittee shall require the Driver to immediately cease operation and surrender their Driver Permit to Permittee. Permittee shall return the Driver Permit to OCTAP within forty-eight (48) business hours of DMV Pull Notice receipt. DMV Pull Notice records shall be made available to OCTAP within forty-eight (48) business hours of request. 2.1.5 Submission of proof of current California Department of Motor Vehicles registration for each Taxicab listed in the Company Permit application. All Taxicabs listed in the Company Permit application shall be registered pursuant to Section 5.2. 2.1.6 Every owner, partner, or principal officer of applicant has submitted to Live Scan fingerprinting at an approved California Department of Justice finger printing agency to initiate a Department of Justice (DOJ) background check (first time applicants only unless otherwise required) and has enrolled in the DOJ subsequent arrest notification program. 2.1.7 Every owner, partner, or principal officer of applicant has successfully cleared all background checks. Page 11 of 32 2.1.8 At the time the Company Permit application is submitted, the applicant shall provide to OCTAP a list of OCTAP permitted Drivers authorized to operate the Taxicabs. 2.1.9 Payment of all applicable fees. 2.1.10 Company shall have a principal place of business from which it conducts its activities as a Taxicab company and related activities. Multiple locations for other activities such . as storage, maintenance/repair, etc., are allowed. For the purposes of these Regulations, if the Company has provided OCTAP with a valid address for the receipt of notices and correspondence from OCTAP, a "principal place of business" may be a Taxicab. 2.1.11 OCTAP may require additional verification for compliance with the requirements defined herein. 2.1.12 OCTAP Company Permit number must be conspicuously posted in all company advertisement and media, as required by California Government Code § 53075.9. Posting must be worded as "OCTAP Company Permit #XXV. Additionally, advertisements must use the OCTAP permitted Company name. 2.2. Company Permit Denial. A Company Permit shall be denied if any of the following apply to an applicant Company or to any owner, partner, or principal officer of an applicant Company: 2.2.1 Is less than 18 years of age. 2.2.2 Falsifies material information on the application for Company Permit. 2.2.3 Is a registered sex offender pursuant to California Penal Code § 290. 2.2.4 Is on formal probation or parole for any offense outlined in Sections 2.2.5., 2.2.6., or 2.2.7. 2.2.5 Is convicted (or pleads guilty or nolo contendere) in any state for any of the following: murder; robbery; pandering; pimping; crimes related to the sale or transportation of controlled substances, including marijuana; crimes involving the use of a weapon; or any other offense involving moral turpitude, or any crime that is substantially related to the qualifications, functions or responsibilities of a Permittee. Page 12 of 32 2.2.6 Is convicted (or pleads guilty or nolo contendere) in any state for a felony other than those listed in Section 2.2.5., within eight (8) years of the application. 2.2.7 Has any conviction within five (5) years of application (or plea of guilty or nolo contendere) in any state or has any final administrative determination of a violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the Company Permit under these Regulations. 2.2.8 Operation of its business without the insurance required in Section 2.1.3. 2.2.9 Failing to fully satisfy any court judgment entered against the Company arising from liability for operating Taxicabs, including, but not limited to,judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to California Code of Civil Procedure § 683.020 and § 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to California Code of Civil Procedure § 683.120. 2.2.10 For good cause, subject to appeal pursuant to Section 8. Good cause is defined to include, but is not limited to, arrests, charges, offenses, or convictions related to the responsibilities and functions of a Taxicab company not specifically outlined in this section, that would be prudent to consider in order to protect the public. 2.3. Company Affiliated Drivers. At the time the Company Permit application is submitted, the applicant shall provide to OCTAP a list of OCTAP permitted Drivers authorized to operate the Taxicabs. A Permittee may add Drivers to its list of Drivers authorized to operate the Taxicabs identified in the Company Permit, provided that the Driver to be added has been issued a Driver Permit by OCTAP which states the Driver is affiliated with the Permittee. 2.4. Company Permit Issuance. Upon applicant's satisfaction of the conditions listed in Company Permit Requirements, applicant shall be issued an OCTAP Company Permit within five (5) business days. Page 13 of 32 2.5. Term of Company Permit. The Company Permit is valid until December 31, 2020, unless extended, suspended, or revoked. 2.6. Company Permit Renewal. No less than sixty (60) days prior to the expiration of the Company Permit, the Permittee shall submit an application for renewal of its Company Permit in order to allow sufficient time to review the application for renewal. Failure to submit an application for renewal of the Company Permit at least sixty (60) days prior to the current expiration could result in a lapse in the Company Permit and suspension or revocation of Taxicab Permits. A lapse in the Company Permit may require a Company to submit an application and fees for a new Company Permit, and fees for Taxicab Permit(s). 2.7. Company Permit Suspension/Revocation. A Company Permit may be suspended or revoked by OCTAP for any of the following reasons: 2.7.1 Providing late, false, or inaccurate information in the Company Permit application. 2.7.2 Allowing operation of a Taxicab by a driver not possessing a valid OCTAP Driver Permit when stating that the driver is affiliated with the Permittee. 2.7.3 Failure to comply with the OCTAP Regulations. 2.7.4 Operation of any Taxicab at a rate higher than the authorized fare or an agency program as described in Section 2.10. 2.7.5 Failure to cooperate with an Agency's law enforcement officers, code enforcement officers, OCTAP staff, and/or California Highway Patrol. 2.7.6 Operating its business in violation of the insurance requirements in Section 2.1.3. 2.7.7 Failure to comply with the drug and alcohol policy and program required in Section 2.1.2. 2.7.8 Failing to fully satisfy any court judgment entered against the Company arising from liability for operating Taxicabs, including, but not limited to,judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to California Code of Civil Page 14 of 32 Procedure § 683.020 and § 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to California Code of Civil Procedure § 683.120. 2.7.9 Circumstances providing grounds for denial of a Company Permit as outlined in the OCTAP Regulations. 2.7.10 Violating Government Code § 53075.9 pertaining to advertising. 2.7.11 For good cause, subject to appeal pursuant to Section 8. Good cause is defined to include, but is not limited to arrests, charges, offenses, and or convictions related to the responsibilities and functions of a Taxicab company not specifically outlined in this Section, that would be prudent to consider in order to protect the public. 2.8 Company Permit Penalties/Suspensions. In lieu of revocation, OCTAP may impose a penalty in the form of a fine, a period of suspension, or both a fine and period of suspension. The OCTAP Administrative Action and Fines Schedule is attached as "Attachment 3." 2.9 Right to Appeal. A Company Permit applicant or Permittee may appeal a Company Permit denial, revocation, suspension, or fine as provided for in Section 8. 2.10 Agency or Other Transportation Agreements. 2.10.1 An OCTAP Permittee may participate in agency or other transportation programs within the jurisdiction of OCTAP under the following conditions: 2.10.1.1 Transportation program requirements do not conflict with OCTAP Regulations. Agency or other providers may require standards and guidelines that are greater than general OCTAP requirements. The agency or provider is responsible for managing and monitoring its program-specific requirements. 2.10.1.2 Permittee is in good standing with OCTAP, maintains all required OCTAP permits, and continues to comply with all OCTAP requirements. 2.10.1.3 Taxicab Driver must continue to display OCTAP Driver Permit regardless of any other agency or program identification that may be required by the sponsoring agency. Page 15 of 32 2.10.1.4 Permittee may establish a specialized fare structure for agency or program trips through its agreement with the agency. 2.10.1.5 For on-demand (flagged) trips, the metering device must be operated any time the Driver is carrying a customer on behalf of Permittee, regardless of an agreement pursuant to Section 6.4. 3. DRIVER PERMITS A Driver must be affiliated with an OCTAP permitted Company and possess a valid OCTAP Driver Permit in order to operate a Taxicab. 3.1. Driver Permit Requirements A Driver Permit may be obtained from OCTAP, provided the applicant has submitted all of the following: 3.1.1 Complete Driver Permit application, signed by a representative of the Permittee to which the driver intends to be affiliated. 3.1.2 Valid California driver license (Class C). 3.1.3 California Department of Motor Vehicles H6 report issued within thirty (30) days of submission of a complete application package. 3.1.4 A negative drug and alcohol screening test administered by Permittee's program administrator within the previous thirty(30)days in compliance with California Government Code § 53075.5(b)(3). 3.1.5 Proof of enrollment in Permittees current and active random drug and alcohol program. 3.1.6 Live Scan fingerprints taken at an approved California Department of Justice finger printing agency. 3.1.7 Acceptable CDL and DOJ background checks. 3.1.8 Payment of all applicable fees. Page 16 of 32 3.2 Driver Permit Issuance. A Driver Permit shall be issued within five (5) business days after satisfaction of requirements in Section 3.1. 3.3 Term of Driver Permit. A Driver Permit is valid until December 30, 2020, unless extended, suspended, revoked, otherwise terminated, or when issued based on a temporary or interim California driver license. 3.4 Renewal of Driver Permit. Up to sixty (60) working days prior to the expiration of the Driver Permit, the Driver may reapply for a Driver Permit pursuant to Section 3 in order to allow time to review the application for renewal. The renewal of a Driver Permit shall be granted within five (5) business days of satisfaction of all requirements for renewal. If a Driver Permit expires before approval of renewal, the Driver will not be allowed to operate a Taxicab until the renewal Driver Permit is approved, issued, and in the Driver's possession. Drivers who do not apply to renew prior to the expiration of their permit will be charged late fees in accordance with the OCTAP fee structure. 3.5 Driver Permit Limitation. An OCTAP Driver Permit is only valid for the Driver to operate a Taxicab for the Permittee indicated on the Driver Permit. A Driver may not operate a Taxicab for another Company unless the Driver completes a transfer application pursuant to Section 3.7. Reproduction of a Driver Permit is strictly prohibited for any reason with the exception of Company management copying the permit for recordkeeping purposes. 3.6 Replacement Driver Permit. A replacement for a lost or damaged Driver Permit or a subsequent Driver Permit previously issued based on a temporary or interim California driver license may be obtained from OCTAP upon payment of all applicable fees. A Driver shall not operate a Taxicab until a replacement permit is obtained and in possession of the Driver pursuant to this Section. A replacement Driver Permit shall expire on the same date as the original Driver Permit and shall not exceed the Driver's annual permit period. 3.7 Driver Permit Transfer to Another Company. A Driver may request a transfer of his/her Driver Permit to another Permittee provided the Driver has submitted the following to OCTAP: Page 17 of 32 3.7.1 A Driver Permit application signed by an authorized representative of the prospective Permittee. 3.7.2 The Driver Permit transfer fee. 3.7.3 Valid California driver license (Class C). 3.7.4 OCTAP Driver Permit to be transferred. 3.7.5 Verification of enrollment transfer in Permittee's current and active random drug and alcohol program. 3.7.6 Driver shall not operate a Taxicab until the transfer permit is obtained and in possession of the Driver pursuant to this Section. 3.7.7 A transferred Driver Permit shall expire on the same date as the original Driver Permit and shall not exceed the Driver's permit period. 3.8 Driver Permit Denial. A Driver Permit shall be denied if applicant: 3.8.1 Is less than 18 years of age. 3.8.2 Does not possess a valid California driver license (Class C). 3.8.3 Fails to enroll in the required random drug and alcohol program. 3.8.4 Fails the required drug and/or alcohol test. Upon testing positive for drugs and/or alcohol, the applicant shall not be eligible to reapply for a Driver Permit for a period of one (1) year from the test date. 3.8.5 Falsifies, or fails to disclose, material information on the application for a Driver Permit. 3.8.6 Is required to register as a sex offender pursuant to California Penal Code § 290. 3.8.7 Is on formal probation or parole for any offense outlined herein. 3.8.8 Is convicted (or pleads guilty or nolo contendere), regardless of the time elapsed, in any state, of any of the following or their equivalent: murder; a violation of California Vehicle Code § 2800.2 (pertaining to disregard for safety of persons or property), § 2800.3 (pertaining to flight from peace officer causing death or bodily injury), or § 20001 (pertaining to duty to stop at scene of accident); robbery; pandering; Page 18 of 32 pimping; crimes related to the manufacture, use, sale, possession, or transportation of controlled substances; sale or transportation of marijuana; crimes involving weapons; any crime for which registration would be required under California Penal Code § 290; crimes involving credit card fraud or use of another person's identifying information without authorization (California Penal Code § 530 or equivalent or substitute sections); or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a Taxicab driver. 3.8.9 Is convicted of any felony in any state (or pleads guilty or nolo contendere), other than those felonies listed in Section 3.8.8, within eight (8) years of application. 3.8.10 Is convicted (or pleads guilty or nolo contendere) of any of the following within five (5) years of application: reckless driving; driving under the influence of intoxicating liquors or drugs (DUI); use or possession of marijuana; a violation of California Vehicle Code § 2800.1 (pertaining to flight from peace officer); § 20002 (pertaining to duty where property is damaged), §20003 (pertaining to duty upon injury or death) or any corresponding substitute sections; vehicular manslaughter; and Penal Code §§ 240, 241, 242, and 243 or any corresponding substitute sections pertaining to assault and battery. 3.8.11 For good cause, subject to appeal pursuant to Section 8 below. Good cause is defined to include, but is not limited to, arrests, charges, offenses, and/or convictions related to the responsibilities and functions of a Taxicab driver, not specifically outlined in this Section, that would preclude an applicant from possessing an OCTAP Driver Permit. 3.8.12 Fails to execute a lease, sublease, or owner-operator agreement with Permittee. 3.9 Driver Permit Suspension/Revocation. A Driver Permit may be suspended or revoked by OCTAP for any of the following reasons: 3.9.1 Failure to comply with the applicable provisions (including timeliness of submissions) of the OCTAP Regulations. 3.9.2 Circumstances providing grounds for denial of a Driver Permit as outlined in the OCTAP Regulations. 3.9.3 Revocation or suspension of driver's California driver license. Page 19 of 32 3.9.4 Driver's failure to cooperate with an Agency's law enforcement officers, code enforcement officers, OCTAP staff, and/or California Highway Patrol officers. 3.9.5 Notification to OCTAP by the Permittee that the Driver is no longer an authorized driver for the Permittee. 3.9.6 Testing positive on a drug and alcohol screening, or failure to submit to Permittees random drug and alcohol testing program. 3.9.7 Not enrolled and active in the required random drug and alcohol program. 3.9.8 For good cause pursuant to Section 8, subject to appeal. Good cause is defined to include, but is not limited to, arrests, charges, offenses, and or convictions related to the responsibilities and functions of a Taxicab driver, not specifically outlined in this Section, that would preclude a driver from possessing an OCTAP Driver Permit. 3.9.9 A Driver whose permit is revoked shall be prohibited from applying for a new Driver Permit for one (1) year from the date of revocation. 3.10 Driver Permit Penalty/Suspension. In lieu of revocation, OCTAP may impose a penalty in the form of a fine, a period of suspension, or both a fine and a period of suspension as specified in the OCTAP Regulations. The OCTAP Administrative Action and Fines Schedule is attached as "Attachment 3." 3.11 Driver Permit Appeal. The denial, suspension, or revocation of a Driver Permit may be appealed as provided in Section 8. 3.12 Driver Permit Surrender. Upon expiration, suspension, or revocation of a Driver Permit, or upon termination of employment or affiliation with a Permittee, a Driver shall cease work immediately and surrender the Driver Permit to OCTAP within forty-eight (48) business hours. 4. TAXICAB PERMITS 4.1 Taxicab Permit Required. Page 20 of 32 No person shall operate a Taxicab, or advertise a Taxicab business, on behalf of a Permittee within the Area of Jurisdiction of an Agency without a Taxicab Permit from OCTAP, unless otherwise authorized by Government Code § 53075.5. At all times while providing taxi service, the Taxicab Permit must be displayed in the left-hand corner of the rear window of the Taxicab for which the Taxicab Permit is issued. A Taxicab Permit is nontransferable and is valid until December 31, 2020, unless, extended, suspended or revoked. 4.2 Inspections. Prior to issuance or renewal of a Taxicab Permit, Company must complete a vehicle inspection at an ASE-certified or BAR-registered facility and submit proof to OCTAP, signed by the inspecting facility, that the Taxicab has met all inspection standards. 4.3 Vehicle Replacement. OCTAP shall issue a Taxicab Permit for a replacement Taxicab, valid for the time remaining under the Taxicab Permit of the replaced Taxicab, upon satisfaction of the following conditions: 4.3.1 Permittee submits the new Taxicab within two weeks of the time that the original permit is surrendered. 4.3.2 Surrender of the existing Taxicab Permit to OCTAP. 4.3.3 Payment of Vehicle Permit replacement fee. 4.3.4 Company provides proof satisfactory to OCTAP that the replacement Taxicab passes a Taxicab inspection by an ASE-certified or BAR- registered facility. 4.4 Taxicab Permit Renewal. A Taxicab Permit shall be renewed annually upon payment of applicable fees and submission of proof satisfactory to OCTAP that the Taxicab passes an inspection by a facility certified by an ASE-certified or BAR-registered facility. 4.4.1 Upon the successful completion of the above requirements, OCTAP shall provide a new expiration year for the Taxicab Permit. 4.4.2. A Taxicab presented for renewal after the permit expiration date will be charged late fees, up to and including the date the Taxicab permit is renewed (in accordance with the current OCTAP Fee Structure), and subjects the Permittee to other administrative actions and fines. Page 21 of 32 4.5 Taxicab Permit Surrender. A Permittee, when selling or removing a Taxicab from the fleet, must assure that the OCTAP Taxicab Permit, welcome decals, and other OCTAP Taxicab markings are removed and that the vehicle cannot be mistaken by the public as an authorized Taxicab. OCTAP Permits and welcome decals must be surrendered to OCTAP within forty-eight (48) business hours. 4.5.1 A Permittee must surrender the Taxicab Permit to OCTAP if a Taxicab has been removed from the OCTAP-approved insurance policy, if the Taxicab Permit is revoked, or upon its expiration (if the Taxicab Permit will not be renewed). 4.5.2 A Taxicab permit which is voluntarily surrendered by a Permittee can be replaced upon completion of an annual Taxicab inspection and payment of the required fees, or as provided in Section 4.6. 4.6. Replacement Taxicab Permit. If a Taxicab Permit has been damaged or is missing due to theft or destruction, a replacement permit will be issued to the same Taxicab and Permittee, upon payment of the required replacement fee. The replacement Taxicab Permit shall be valid for the remaining term of the Taxicab Permit that was replaced. 5. TAXICAB REQUIREMENTS All Taxicabs shall meet the requirements of the California Vehicle Code, including, but not limited to, California Vehicle Code § 24000, et seq. The California Vehicle Code shall take precedence over any OCTAP Taxicab requirement. Taxicabs must be maintained to these standards at all times. 5.1 Proof of Insurance. Taxicab Drivers shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle, pursuant to California Vehicle Code §§ 16020 through 16028. 5.2 California Vehicle Registration. Evidence of valid and current vehicle registration must be maintained in each Taxicab, pursuant to California Vehicle Code § 4462. 5.2.1 Registered as a commercial vehicle, pursuant to California Vehicle Code § 260. Page 22 of 32 5.2.2 Registered to the Permittee showing the same Permittee name and address or registered to the OCTAP permitted Driver showing the same permitted Driver name and address. 5.3 Taxi Company Designation. Permittee's Company name and/or logo shall be placed in an area visible from the interior and exterior of the vehicle at all times while in service and when soliciting passengers on behalf of Permittee. 5.4 Vehicle Maintenance and Records. All Taxicabs shall be maintained in accordance with the service standards recommended by the vehicle manufacturer. Service records and repair or maintenance receipts shall be kept and made available to OCTAP Staff upon request. 5.5 Seating. All Taxicabs shall be equipped to seat no more than eight (8) passengers, excluding the driver. 6. TAXICAB OPERATION A Driver must possess and display a valid Driver Permit at all times while providing Taxicab service. Driver shall ensure that the Taxicab meets all requirements of the OCTAP Regulations prior to placing the Taxicab in service. Any driver in possession of an altered, copied, or defaced permit will not be considered in possession of a valid Driver's Permit. 6.1 Solicitation. Driver shall not leave his/her Taxicab to solicit passengers. 6.2 Fares Charged. For pre-arranged trips, a Driver shall not charge fares higher than those disclosed to the customer in accordance with Section 1.1.11. For on-demand (flagged) trips, the Taxicab must possess a fully operational taximeter with current and intact seals, or any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. The customer shall not be charged a fare that exceeds the authorized fare. 6.3 Receipt. Page 23 of 32 Driver shall provide a receipt for the amount charged upon request of the person paying the fare, which contains the Driver's name and permit number, telephone number, Permittee name, charge amount, date, and time of transaction. 6.4 Accidents. In the case of an automobile accident, unless rendered incapable, the Driver shall comply with the minimum requirements for the mandatory exchange of information established in California Vehicle Code § 16025. 6.5 Agency or other Transportation Agreements. Permitted OCTAP Drivers may participate in agency or other transportation programs within the jurisdiction of OCTAP under the following conditions: 6.5.1 The Driver must continue to follow all OCTAP Regulations. 6.5.2 The Driver must continue to display the OCTAP Driver Permit regardless of any other identification that may be required by the program or agency. 6.5.3 Taximeter must continue to be operated at any time that the Driver is carrying a customer, regardless of any other fare agreement. 6.6 Advertising. Every permitted Driver shall comply with Government Code § 53075.9 and include, in every written or oral advertisement of the Driver's Taxicab services, the name of the Permittee, the Permittee's OCTAP Permit number, and the Driver's OCTAP Permit number. An advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing or allowing the placement of any sign or marking on or in any building or structure; or an advertisement in any media form, including newspaper, magazine, radio wave, satellite signal, or any electronic transmission, or in any directory soliciting Taxicab transportation services. 7. REPORTING VIOLATIONS OF OCTAP REGULATIONS OCTAP may investigate for violations of OCTAP Regulations and issue any appropriate administrative actions, including fines. OCTAP will not investigate any reports of alleged illegal Taxicab operation, such as bandit Taxicab activity, but may refer such reports to the local code or law enforcement agency. A person reporting a violation must provide OCTAP with their name and contact information. Reports alleging illegal Taxicab operation or violation of the OCTAP Regulations shall require all of the following information be provided: Page 24 of 32 • Date, time and location; • Description of activity; • Vehicle's license plate number, color, make and model, and any distinctive characteristics. Reports alleging a violation of Government Code § 53075.9 pertaining to advertising must provide a copy or sample of the advertising information (such as the sign, business card, advertising display, webpage, electronic recording or phone directory) evidencing non-compliance with the statute. 8. APPEALS AND ADMINISTRATIVE HEARINGS In the event a permit is denied, suspended, revoked, or a penalty is imposed, the applicant, Permittee, or Driver shall be notified in writing of the adverse action and the reason(s) supporting it. 8.1 Notice of Appeal. No later than ten (10) calendar days following the date on the notice of adverse action, the applicant, Permittee, or Driver may submit a written appeal on a form provided by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the reason(s) why such action is not proper. Failure to file a timely appeal shall constitute a waiver of the right to an appeal. 8.2 Stay. Except as provided in Section 8.3., if an appeal is properly filed the adverse action shall be stayed pending the final determination on appeal. 8.3 Stay, Exception. If OCTAP determines that the continued operation of a Taxicab, possession of a Company Permit, or possession of a Driver Permit represents a health or safety hazard for the public, the adverse action shall not be stayed pending the final determination on appeal. 8.4 Initial Review of Appeal. If an appeal is timely filed, OCTAP shall either make the final decision regarding the appeal or shall assign a hearing officer to make the final decision regarding the appeal. OCTAP may review the appeal and any additional information provided therein and shall have the discretion to determine the appropriate action in response to the appeal. Page 25 of 32 8.5 Hearing Officer. In the event OCTAP elects to assign a hearing officer to decide the appeal then the following shall apply: 8.5.1 The hearing officer shall not have participated in the decision which is the subject of the appeal. 8.5.2 The hearing officer shall expeditiously schedule the appeal hearing. 8.5.3 The appellant and OCTAP shall each have the right to appear in person and be represented by legal counsel or other representative, to present evidence, to call and cross-examine witnesses under oath, and to present argument. 8.5.4 The formal rules of evidence shall not apply, and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs shall be admissible. 8.5.5 Hearsay evidence may be considered by the hearing officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. 8.5.6 OCTAP may promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. 8.5.7 The hearing officer shall have the discretion to determine the appropriate action in response to the appeal. 8.5.8 The decision of the hearing officer shall be the final administrative remedy and shall be binding upon the parties to the appeal. 8.5.9 If the hearing officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to OCTAP. 8.6 Administrative Hearings. Administrative hearings may be held at the discretion of OCTAP when the denial, suspension, or revocation of a Company Permit or Driver Permit, or other administrative actions, are initiated for good cause and in the interest of the health, welfare, and safety of the public. 9. PERMIT FEES AND TAXICAB FARES Page 26 of 32 9.1 OCTAP Permit Fees. A schedule for Permit fees will be proposed by OCTAP, reviewed by the Steering Committee, and approved by the OCTA Board of Directors in the amount necessary to recover all costs incurred by OCTA in the administration of OCTAP. The fee schedule adopted by the OCTA Board of Directors is attached hereto as "Attachment 1." 9.2 Metered Rates. Taxicab metered rates are established by OCTAP for on-demand (flagged) trips. 9.2.1 Each Agency agrees to adopt the metered rates approved by the OCTAP Steering Committee, which is attached hereto as "Attachment 2." 9.2.2 Proposed revisions to the Metered Rates will be provided by OCTAP to the Steering Committee for approval, or the Steering Committee may approve consideration of a revised Metered Rate recommended by a member. 9.3 Refund Policy. There shall be no refund of any portion of the fees described in the OCTAP Regulations. 10. AMENDMENTS TO REGULATIONS 10.1 Administrative Amendments. The Steering Committee may adopt administrative amendment(s) to the OCTAP Regulations. OCTAP shall notify each Agency and the OCTA Board of Directors of any changes adopted pursuant to this Section. 10.2 Substantive Amendments. Notwithstanding Section 10.1, the Steering Committee is not authorized to adopt substantive amendments to the OCTAP Regulations. Any substantive amendment shall be recommended by the Steering Committee and be approved by each Agency. These amendments shall be effective only in the Area of Jurisdiction of each Agency that has approved the amendment(s). For purposes of this Section, a substantive amendment is defined as an amendment likely to have any of the following effects: 10.2.1. Affect the rights, responsibilities, and participation of any Agency (such an amendment must also be approved by the OCTA Board of Directors). Page 27 of 32 10.2.2. Decrease the number of Companies or the number of Taxicabs operating in the Area of Jurisdiction of any Agency. 10.2.3. Affect the purpose of the OCTAP Regulations. 10.3 OCTAP Permit Fees and Taxicab Metered Rates. 10.3.1. Sections 10.1 and 10.2 above shall not apply to an amendment to the OCTAP fee schedule, attached hereto as Attachment I," which is adopted by the OCTA Board of Directors. 10.3.2 An amendment of the Taxicab Metered Rates for On-Demand (Flagged) Trips attached hereto as "Attachment 2" and adopted pursuant to Section 9.2 of these Regulations shall be considered an administrative amendment pursuant to Section 10.1 in order to ensure uniformity of fares within Orange County. --End of Regulations-- Page 28 of 32 OCTAP Regulations —Attachment 1 ORANGE COUNTY TAXI ADMINISTRATION PROGRAM OCTAP FEE STRUCTURE Approved: March 11, 2019 Effective: April 1, 2019 Company Permit Two-Year Permit $3,334 Vehicle Permits (per vehicle) Two-Year Permit $639 Driver Permits Two-Year Permit $250 Fees shown are paid to OCTAP. Additional fees are paid by driver for drug testing, fingerprinting, and/or background check. Page 29 of 32 OCTAP Regulations —Attachment 2 ORANGE COUNTY APPROVED TAXICAB METERED RATES FOR ON-DEMAND (FLAGGED) TRIPS Effective: April 1, 2019 $3.50 for the flag drop and first 1/5 mile $0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile) $32.00 per hour wait time (Approximately $0.53 per minute) No Extra Charge for Additional Passengers. Page 30 of 32 OCTAP Regulations — Attachment 3 OCTAP ADMINISTRATIVE ACTION AND FINES SCHEDULE Effective: April 1, 2019 DESCRIPTION FINES (per ACTION occurrence Advertising Failure to include, in any form of advertisement, the Up to Escalating fines per advertising company permit number and company name associated with the permit. $5,000 occurrence, up to$5,000 per incident. Taxicab permit Warning or suspension of company permit Valid permit must be affixed to taxicab. Not in Service $500 and revocation of all taxicab permits. signs required if cab is not available for service. Renewal, replacement, or re-inspection and fees apply. Random drug and alcohol testing Warning or suspension of company permit Failure to maintain program in accordance to the policy $500 and revocation of vehicle permits. Re- submitted to OCTAP. inspection and fees apply. Unauthorized driver Warning or suspension company permit Allowing a non-permitted individual or a driver to operate a Re- taxicab without establishing a lease or owner-operator $500 and revocation of all vehicle permits. Re- inspection and fees apply. agreement. Insurance Suspension of company permit and Failure to submit renewal at least one business day prior to $250 revocation of vehicle permits on insurance policy expiration, incomplete submission, unqualified policy expiration date. Re-inspection and • insurance provider, or inadequate coverage. fees apply. Fares Warning or suspension of company permit Operating or allowing a driver to use a rate higher than $250 and revocation of vehicle permits. Re- authorized fares. inspection and fees may apply. Failure to Cooperate or Comply with Regulations Failure to respond or provide documents requested by Warning or suspension company permit OCTAP and any failure to comply with regulations not $250 and revocation of all vehicle permits. Re- specifically addressed in Administrative Action and Fines. inspection and fees apply. Vehicle Registration • Expired vehicle registration or operating a vehicle not Warning or suspension of company permit • $250 and revocation of vehicle permits. Re- registered to the OCTAP Permittee or affiliated permitted inspection and fees apply. driver. Taximeter or Approved Metering Device Warning or suspension of company permit Broken or missing seals, outdated seals, non-functioning Re- meter, or a taximeter or metering device that charges a fare $100 and revocation of vehicle permits. Re- inspection and fees apply. other than the authorized metered rate. Dispatch Fine will increase to $250 after second Failure to provide reservation and dispatch services or offense in a 24 month period. May result records in accordance to company policy submitted to $100 in suspension of company permit and OCTAP, or failure to provide dispatch records to OCTAP revocation of all vehicle permits. Re- upon request. inspection and fees apply. DMV Pull Notice Program Failure to maintain an active program, to enroll driver(s), to Warning or suspension of company permit notify OCTAP of non-qualified driver(s) as required, or to $100 and revocation of vehicle permits. Fine provide pull notice records to OCTAP upon request. may increase for repeated occurrences Page 31 of 32 Customer Information Failure to display required interior information; out of $50 Warning. Re-inspection and fees apply. service sign. Driver Affiliation Notification Warning or suspension of company permit Failure to notify OCTAP of non-qualified or unauthorized $50 and revocation of all vehicle permits. Re- -driver(s)within 48 hours. inspection and fees apply. Advertising Failure to include in any advertisement the OCTAP issued Up to Escalating fines per occurrence, up to company and driver permit number and affiliated taxicab $5,000 $5,000 per incident. company name. Operating an Unsafe Vehicle Driver shall ensure daily that the taxicab meets all safety $250 Vehicle may be placed Out of Service. Re- and inspection standards prior to placing the taxicab in inspection and fees may apply. service. Fares Failure to run taximeter or approved metering device; charging a fare that exceeds authorized metered rate for on $250 Repeated occurrence may result in demand (flagged) trip; or charging more than the agreed- suspension or revocation of Driver Permit. upon price for prearranged trips booked through the —permitted taxicab company. Failure to Comply with Regulations i Allowing another person to use your driver permit, a non- permitted person, or driver not affiliated with Permittee to Warning, suspension, or revocation of operate your taxicab. Operating a taxicab without a lease $250 .L or operating agreement with Permittee; and any other driver permit. failure to comply with regulations not specifically addressed in Administrative Action and Fines. Acceptance of Payments $100 Warning, suspension, or revocation of . Failure to accept Visa and/or MasterCard payments. driver permit for repeat offenses. XCompany Affiliation Warning, suspension, or revocation of Driving a taxicab for a company not identified on your driver $100 driver permit. permit. O Failure to Cooperate _W Fail to respond to requests, or to provide documents $100 Warning, suspension, or revocation of drequested b OCTAP staff. driver permit. Altered Permit $100 Warning, suspension, or revocation of Possession or use of an altered OCTAP permit. driver permit. IZ Taximeter Taxicab will be placed Out of Service. Re- Broken or missing seals, outdated seals, non-functioning $50 inspection and fees will apply meter. Receipt Failure to provide a receipt or to provide a receipt that $25 Re-inspection and fees may apply. meets requirements set forth in regulations. Driver Permit Failure to display as required. $25 Fine increases to $50 after second offense in a 24 month period. Insurance and Registration 4 Failure to produce evidence of current insurance and/or $ per Fines increasing to per item after istration item second offense in a 2 month period. re Page 32 of 32 Res. No. 2019-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on March 18, 2019 by the following vote: AYES: Carr, Semeta, Peterson, Posey, Hardy NOES: None ABSENT: Brenden, Delgleize RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT HBMC Section 5048 5.48.010 Definitions For the purpose of this Cehapter, the words and phrases herein defined shall be construed in accordance with the following definitions: "City"means the City of Huntington Beach. "City Authorization" means City authorization to operate a Ttaxicab business in the City. "Driver" means a person who drives a Taxicab and who has a valid OCTAP-issued Driver Permit. r .t� n ements of :w::cab "Driver's Ppermit"means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a Ttaxicab. "Exclusive Ride" means one or more passengers hiring a Driver for a ride to a specified destination As part of an Exclusive Ride,the passenger may direct the Driver to pick up additional passengers en-route to a destination and incur the additional metered time and/or distance that would be required. "OCTAP"means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority of which the City is a member. "OCTAP Regulations" means the current Regulations of OCTAP. "Operate a Ttaxicab" means to drive a Ttaxicab and either solicit or pick up passengers for hire in the City. "Owner" means the registered owner or lessor of a Ttaxicab. "Person" includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. "Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet Website A Taxicab company may provide prearranged trips anywhere within the county in which it has obtained a Taxicab Company Permit. "Substantially Located" means the primary business address of the Taxicab Company or Driver is located and the City within Orange County which accounts for the largest share of that Company or Driver's total number of trips within Orange County over the past year and determined every five years thereafter, as further defined at Government Code Section 53075.5(kl(21. "Taxicab" means a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any Sstate agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. 1 SF/19-7285/198030 « permit"ness means a valid pet=fnit issued by OGTAP a+Aher-izing a per-son to "Taxicab Company" means a passenger-for-hire business either based in the City or elsewhere whose business activity includes picking up any passengers in the City by on- demand requests a radio dispatched service or referral which results in charging the passenger by metered time and/or distance to a destination identified by the hiring passenger for an exclusive ride Such taxi services are a business that is required to be permitted under this Chapter. Taxi services which have picked up passengers outside of the City and delivered the passengers to a location within the City are excluded from the permitting requirements under this Chapter. "Taxicab Company Permit" means a valid permit issued by OCTAP authorizing a Company to operate a Taxicab business within those cities and jurisdictions participating in OCTAP. "Taxicab Vvehicle P_Permit" means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a Ttaxicab. 5.48.020 Qty OCTAP Authorization Required A. No A person shall only operate a Ttaxicab in the City without an OCTAP issued Taxicab Company Permit. if of that t b is authorized b the City to ^ e a t business in the Gi:[�. B. Only aAn Owner authorized by OCTAP may operate shall only its allow a Taxicabs tai6eab business in the City. G. The pr-eeedur-es for- City autheriza4ion to eper-a4e a tw6eab business in the City shall be established by separate r-eselution or-ordinanee E)f the City Gotmeil. 5.48.030 Driver''s Permit Required A No person shall only operate a Ttaxicab in the City without an OCTAP issued if that person possesses a-D_driver's Ppermit. d if the City t a4ion has been btai ed. An No Oewner shall only alle permit a Person fiver to operate a the Owner's Ttaxicab unless the ewfled by the ^ ^r if that Person driver possesses an OCTAP issued Ddriver's lPpermit. and if the City *hor- L i, Lt a 5.48.040 Taxicab Vehicle Permit Required A No person shall o4y operate a Ttaxicab if unless his or her that vehicle displays an OCTAP issued aTtaxicab Vvehicle Rermit _ d if City +'� z atie has b ^;�o btai ^'• An No Oewner - shall permit his or her only allow a Ttaxicab to be operated in the City unless the Taxicab ir+''p+ -'.'^'^ displays a Ttaxicab Vvehicle Permitand G author- zat on 1— booms ^,.t,,ined SF:19-7285/198030 2 5.48.050 Taxicab Business Permit Required A No Pperson shall only operate a Ttaxicab Company business in the City without an 47OCTAP issued a Ttaxicab Company business Ppermit and if City a thee- z do ''us been obtained. 5.48.060 Application for Permits Applications for a Ddriver hermit, Ttaxicab V_vehicle Peermit or Ttaxicab Company business hermit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by OCTAP c n Q non Testing for Q + 11 ,l c 1. tanees ,1 n l L. 1 A dfiver- shall test negative for- eoi4rolled substanees and aleohel as fequifed by applieable sta4e statutes. Tn 9.080 T nee rpcc�e'-` shall adopted by separate r-esoltition of Gity Gatmeil. Said proof of insufanee must elearly idet4ify thee ohiele eoNwed, No permit issued under-this ehapter shall be assigned > of used by> other.- than t1, per-RAn or- ehiel o namedstieh 1v it 5.48.07400 Equipment A Ttaxicab operated under the authority of this Cehapter shall be equipped according to the standards established by OCTAP Regulationsand adopted by sepafate feselution of Ci�y Eeuneil. 5 48 080 Data Collection to Determine Substantially Located. Pursuant to Government Code Section 53075 52 beginning January 1, 2019, all Taxicab Companies and Drivers shall collect data to determine which jurisdiction each Company and Driver are Substantially Located Beginning January 1 2019, data for prearranged and non- prearranged trips collected in the previous twelve (12) months shall be provided upon the date of renewal to the City of any Taxicab Company. SF:19-7285/198030 3 5 48 090 Notice of Substantially Located in City. Any Taxicab Company or Driver who changes from being Substantially Located in another jurisdiction to be Substantially Located in the City shall provide the City with six months' notice prior to making that change. 5.48.104-0 Mechanical Condition A Ttaxicab operated under the authority of this Cehapter shall be maintained according to the standards established by OCTAP Regulationsand adopted by separate resolution of the Cit Eetineil. 5.48.1120 Operational Requirements A. A Ddriver shall only carry a passenger to his or her destination by the most direct and accessible route. B. A Ttaxicab shall have all Ppermits issued by OCTAP conspicuously displayed according to the standards established by OCTAP City Couneil. C. A Ttaxicab shall have the following information continuously posted in a prominent location in the Ttaxicab passenger's compartment according to the standards established by OCTAP: 1. A schedule of rates and charges for the hire of said Ttaxicab; 2. The Ddriver's name and address; 3. The Oewner's name, address and telephone number; 4. The taxicab identification number; 5. The D_driver's 1permit issued pursuant to this Cehapter; 6. The Ttaxicab Vvehicle hermit issued pursuant to this Cehapter; and 7. Any other information required by the City. D. A Ddriver shall give a receipt for the amount charged upon the request of the person paying the fare. E. A Ttaxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. F. A Ddriver shall not leave his or her Ttaxicab to solicit passengers. G. The name or trade name of the Oewner and the number by which the Ttaxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each Ttaxicab according to the standards established by OCTAP and adopted by separate resolution of the City Council. SF:19-7285/198030 4 5.48.1230 Rates and Charges No Ddriver shall charge fares rates and charges higher other than those established by OCTAP and adepted by separate resolution of City Gounse4. 5.48.130 Separate From Business Licensing The requirements of this Cehapter are separate and independent from the business licensing and any other provisions under this Code. 5.48.1450 Penalty A. The City intends to secure compliance with the provisions of this Cehapter by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense. B. Notwithstanding any other provision of this Cehapter, each violation of the provisions of this Cehapter may be enforced alternatively as follows: 1. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Cehapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers. Any person convicted of an infraction under the provisions of this Cehapter shall be punished either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or, where no fine is specified therein, by: a. A fine not exceeding $100.00 for a first violation; b. A fine not exceeding $200.00 for a second violation within one year; c. A fine not exceeding $500.00 for each additional violation within one year. 2. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Cehapter may be prosecuted for a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Cehapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. 3. Civil Action. The City Attorney by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Cehapter, as provided by law. 4. Administrative Hearing. a. Upon a finding by the City official vested with the authority to enforce the various provisions of this Cehapter that a violation exists, he or she may notify the person(s) deemed responsible for said violation(s) that a public hearing shall be held before the City Council to hear and determine the existence of said SF:19-7285/198030 5 violation(s) and the anticipated compliance necessary, i.e. abatement or other action required. b. Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than 10 days prior to the scheduled date of the hearing. c. The City Council may preside over the hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. d. The City Council shall render its decision within 45 days from the date of the hearing or, in the event that a hearing officer has been appointed, within 45 days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final and enforceable as provided by law. SF:19-7285/198030 6