HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4248 Amending Chapter 2000 Main Street,
Huntington Beach CA
92608
_ City of Huntington Beach
File #: 21-1017 MEETING DATE: 1/18/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED BY: Dahle Bulosan, Chief Financial Officer
Subiect:
Adopt Ordinance No. 4248 amending Chapter 5.48 of the Huntington Beach Municipal Code
regulating Taxicabs to comply with California Government Code Section 53075.5 and Adopt
Resolution No. 2021-78 to establish fees for the City of Huntington's Taxicab Program
Approved for Introduction December 21, 2021 - Vote: 7-0
Statement of Issue:
California Government Code Section 53075.5 requires cities to adopt ordinances to regulate services
provided by taxi companies that are substantially located in the city. City Council approval is
requested to approve amendments to the Municipal Code Chapter 5.120 and establish fees for the
City's Taxicab Program.
Financial Impact:
The proposed taxicab fees would fully offset all costs associated with the administration of the
Taxicab Program. The Taxicab program will be managed within the current General Fund budget.
Therefore, no new appropriation is needed at this time.
Recommended Action:
Adopt Ordinance No. 4248, "An Ordinance of the City of Huntington Beach Amending Chapter 5.48
of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire."
Alternative Action(s):
Do not approve the recommended action(s) and direct staff accordingly.
Analysis:
The Orange County Taxi Administration Program (OCTAP), an association of Orange County
Agencies, was originally established to regulate taxicab transportation services for all cities within
Orange County. In December 2020, OCTAP dissolved and Orange County cities are now
responsible for administering their own taxicab programs in jurisdictions where taxi companies are
"substantially located" in the city. The California Government Code defines "substantially located" as
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the following:
1 ) Has its primary business address within the city's or county's jurisdiction.
2) The total number of prearranged and nonprearranged trips that originate within that city's or
county's jurisdiction account for the largest share of the taxicab company's total number of
trips within each county where the taxicab company operated over the previous calendar year,
as determined annually.
There appears to be several taxi companies with business addresses in Huntington Beach that would
be considered to be "substantially located" in the City. In order to comply with State law, staff is
recommending the establishment of a Taxicab Program to permit taxicab companies, vehicles, and
drivers that would meet the criteria of being "substantially located" in the City.
The Taxicab Program establishes minimum safety and service standards for the provision of taxicab
services in the City of Huntington Beach. Staff developed regulations to define minimum taxicab
company, taxicab vehicle, and taxicab driver permitting requirements. The regulations were
developed using OCTAP's regulations as a base template with modifications for the City of
Huntington Beach's needs and operations. The following are key regulatory program requirements:
1) Taxicab companies must have drug and alcohol policy meeting the City's Taxicab Program
requirements and proof that the company has implemented a Drug and Alcohol
Certification Program covering all its affiliated permitted drivers pursuant to Government
Code Section 553075.5.
2) A negative drug and alcohol screening test administered by a City approved test lab is
required by taxicab drivers to be permitted in the City.
3) All taxicab drivers are required to undergo a Department of Justice live scan fingerprint
background check that is reviewed and evaluated by the City's Police Department for
clearance.
4) Submission of evident of insurance, in full force and effect, in such form as required by
the City.
5) Taxicab vehicles shall meet the requirements of the California Vehicle Code including
insurance, vehicle registration, and maintenance requirements.
6) A violation of any of the City's Taxicab Program Regulations is subject to a penalty in
the form of a fine, suspension and/or revocation of a permit.
The City of Huntington Beach's Taxicab Program Regulations is available in its entirety in Attachment
4.
Taxicab Program Fees
The services for which a city imposes a user or regulatory fee typically derive from an individual
person or entity's action, request, or behavior. Therefore, except in cases where there is an
overwhelming public benefit generated by a city's involvement in the individual action, a fee for
service ensures that the individual bears most, if not all, of the cost incurred by the City to provide
that service. When a fee targets "100% or full cost recovery," the individual is bearing the entirety of
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the cost. When a fee targets less than full cost recovery, another City revenue source - in most
cases, the General Fund - subsidizes the individualized activity.
Industry best practice and California statute are in harmony: User and regulatory fees should be set according to
the estimated reasonable cost of service and should bear a fair and reasonable relationship to the payer's
burdens on or benefits received from the activities and/or services provided by the City.
The proposed Taxicab Program Fees are set at 100% or lull cost recovery and is intended to comply with
applicable federal, state, and local laws including providing confirmation that the proposed fees (charges) are
not a tax as defined in Article I3C of the California Constitution and that the proposed fees are no more than
necessary to the cover the reasonable costs of the City's activities and services addressed in the fees.
Additionally, the manner in which the costs are allocated to a payer bear a fair and reasonable relationship to
the payor's burdens on, or benefits received from the activities and services provided by the City. The proposed
Taxicab Program Fees are located in attachment 3 and the underlying Cost of Service Analysis used to derive
the lee is located in attachment 5.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Economic Development & Housing
Attachment(§):
1. Ordinance No. 4248, "An Ordinance of the City of Huntington Beach Amending Chapter 5.48
of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire
2. Legislative Draft - Chapter 5.48 Taxicabs-Vehicles for Hire
3. Resolution No. 2021-78, "A Resolution of the City Council of the City of Huntington Beach
Establishing Taxicab Permit Fees By Amending Resolution 2016-59, As Amended By
Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01 , 2018-29, 2018-48, 2018-55, 2019-07,
2019-19, 2019-87, 2020-37, 2021-17, 2021-18 And 2021-36, Which Established A
Consolidated Comprehensive Citywide Master Fee And Charges Schedule (Supplemental Fee
Resolution 15)
4. City of Huntington Beach Taxicab Program Administrative Regulations No. 315
5. Taxicab Permitting - Cost of Service Analysis
City of Huntington Beach Page 3 of 3 Printed on 1fi 212022
oowert2g5 Legistar
ORDINANCE NO. 4248
AN ORDINANCE OF THE CITY OF FUNTINGTON BEACH
AMENDING CHAPTER 5.48 OF THE HUNTINGTON 13EACI-I MUNICIPAL
CODE TAXICAB-VEHICLES FOR 1-II RE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECfION I. Section 5.48.010 of the Huntington Beach Municipal Code is hereby
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 City-issued driver
permit.
"Driver's permit" means a valid permit issued by the City 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.
"City regulations" means the current Administrative regulations established by the City
Manager or designee.
"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 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 year thereafter.
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ORDINANCE NO. 4248
"'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 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.
"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 the City authorizing a
company to operate a taxicab business.
"'Taxicab vehicle permit" means a valid permit issued by the City authorizing a particular
vehicle to be operated as a taxicab.
SECTION 2. Section 5.48 of the Huntington Beach Municipal Code is hereby amended
to add Section 5.49.015 as follows:
5.48.015 Administrative Regulations
The City Manager or designee shall establish administrative regulations that have the same force
and effect as this section which shall be published on the City's website and also available for
the public in the Clerk, Police, Finance and City Manager's Offices.
SECTION 3. Section 5.48.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.48.020 City Authorization Required
A. No person shall only operate a taxicab in the City without a City issued taxicab
company permit.
13. Only an owner authorized by the City may operate its taxicab(s) in the City.
SECTION 4. Section 5.48.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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ORDINANCE NO. 4248
5.48.030 Driver Permit Required
No person shall operate a taxicab in the City without a City issued driver's permit. No owner
shall permit a person to operate the owner's taxicab unless the person possesses a City issued
drivers permit.
A. The driver's permit must be displayed in the passenger side area of the dashboard,
easily viewable from inside or outside of the vehicle.
B. 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 City staff, when
requested.
C. The driver's California driver's license number on the driver permit may be
covered by a removable label, if desired. No other alterations, covered, or hidden
information to the City driver's permit is allowed.
SECTION 5. Section 5.48.040 ofthe Huntington Beach Municipal Code is hereby
amended to read as follows:
5.48.040 Taxicab Vehicle Permit Required
No person shall operate a taxicab unless his or her vehicle displays a City 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.
A. At all times while providing taxi service, the taxicab vehicle permit must be displayed
in the passenger-side corner of the rear window of the taxicab for which the taxicab
vehicle permit is issued.
SECTION 6. Section 5.48.050 ofthe Huntington Beach Municipal Code is hereby
amended to read as follows:
5.48.050 Taxicab Business Permit Required
No person shall operate a taxicab company in the City without a City issued taxicab company
permit.
SECTION 7. Section 5.48 .060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.48.060 Application for Permits
Applications for a driver permit, taxicab vehicle permit or taxicab company permit shall be made
to the City of Huntington Beach, upon a form provided by the City and shall be accompanied by
all information required, including proof of insurance, and shall indemnify and hold harmless the
City for any damages resulting from taxicab operation and an application fee sufficient to cover
the administrative costs of processing said application as established by the City.
3
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298
ORDINANCE NO. 4248
A. All Applicants must submit to, and participate in, a background check by the City. No
taxicab driver permits will be issued if the background check reveals any of the
following:
I. One or more DUI convictions within the last ten years; or
2. One or more convictions of crimes related to the manufacture, use, sale,
possession, or transportation of controlled substances; or
3. One or more convictions of Reckless Driving; or
4. The Applicant has been convicted of any felony, or conspiracy to commit, or
attempt to commit, the same, as defined by Federal or State law; or
5. The Applicant has been convicted of any misdemeanor, or conspiracy to commit,
or attempt to commit, the same, which is sexual in nature, as defined by State and/or
local law; or
6. The Applicant has been convicted of any crime of moral turpitude, or conspiracy
to commit, or attempt to commit, the same, as defined by Slate and/or local law.
SECTION 8. Section 5.48,070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.48.070 Equipment
A taxicab operated under the authority of this chapter shall be equipped according to the City
regulations.
SECTION 9. Section 5.48.110 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 City conspicuously displayed according to
the standards established by City.
4
2 1-1080 8/2 7 3 14 9.doa
299
OkllINANCE" NO. 4248
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
the City
1. A schedule of rates and charges for the hire of said taxicab;
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. Anv 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 faze.
E. A taxicab shall only be operated if the passenger compartment is kept in a clean and
sanitary condition.
P. 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 outside of each
taxicab according to the standards established by the City and adopted by separate
resolution of the City Council.
SECTION 10. Section 5.48.120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.48.120 Rates and Charges
No driver shall charge fares and charges higher than those established by the City.
SECTION 11. Section 5.48.150 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.48.150 Revocation of Permits
The City may revoke any permit granted pursuant to this chapter on the grounds that the permit
holder has failed to comply with the permit conditions or other requirements of this chapter.
5
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300
ORDINANCE NO. 4248
A. In the event that the permit of any person is revoked by the City, such person shall not
be granted a permit to operate a taxicab business for a period of one (1) year after such
revocation.
SECTION 12. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2022.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager Chief Financial Officer
6
21-10808/273149
301
ORDINANCE NO. 4248
A. In the event that the permit of any person is revoked by the City,,/6uch person shall not
be granted a permit to operate a taxicab business for a perirH
/one (1) year after such
revocation.
MIJS
PASSED AND ADOPTED by the City Council of the Cityuntington Beach at a
regular meeting thereof held on the_day of 2021.
Mayor
ATTEST: APPRO D AS TO FORM:
City Clerk 7Attormy
REVIEWED AND APPROVED: ATED AND APPROVED:
City Manager lef Financial Officer
6
21 1OW8/273149.doa
LEGISLATIVL DRAVI.
Chapter 5.48 TAXICABS—VEHICLES FOR HIRE
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 OGTAP CitX-issued driver
permit.
"Driver's permit" means a valid permit issued by 0,041AP- the City 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.
"OCT. u" means; the n. ttty l a:�} A�InrtntsHaiien I�'�wam adntinistered��t�ie 0tattge
0eunty=1=ranspertation-Authofity-of-w4ich the City is a „beF
"ACTAl City regulations" means the current ,AciminisS Cktive regulations established by the
CCit�M�naget�r deli tree ^' "�, oC-1,41-.
"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 County in which
it has obtained it 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 yeah- ear thereafter as fctrthe{tlefrned at C�ever-nnte+}t{ede Seetia 0�5-5(k )•
"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 cant' passengers for hire. The 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 Certificate of Public
Convenience and Necessity issued by any State agency, including the Public Utilities
Commission.
302
"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 pemtitted 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 OGTAP the�itk authorizing a
company to operate a taxicab business within these eities arid jui-isdietions paFtieipating it
OGI=AP.
"Taxicab vehicle permit" means a valid permit issued by OCT-AP a i i y authorizing a
particular vehicle to be operated as a taxicab.
S.48.015 Administrtt_vcJ�c Vij s
The CLt M_an_ager Qt_de,i eitce-.shall estabJ I adll inLsUat've rcgubji.Qnslhat have the—o-m_e force
and effect as this section which shall be ub Iished on the('ity s we ite a_nd al5 <'tvallahle�Qr
the public in the Clerk. Police. Finance and City Manager's Offices.
5.48.020 949-T- R City Authorization Required
A. No person shall only operate a taxicab in the City without an-OC- :AP a 'Y issued taxicab
company permit.
11. Only an owner authorized by OCITAtz 1hq ELitv may operate its taxicab(s) in the City.
5.48.030 Driver Permit Required
No person shall operate a taxicab in the City without an-OEFAR iLUX issued driver's permit.
No owner shall permit a person to operate the owner's taxicab unless the person possesses an
OC—'PAP a_ity issued driver's permit.
5.48.040 Taxicab Vehicle Permit Required
No person shall operate a taxicab unless his or her vehicle displays an-09"1=All a City, 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.
A. At all times while providing taxi service, the taxicab vehicle permit must be displayed
in the passenger-side corner of the rear window of the taxicab for which the taxicab
vehicle permit is issued.
5.48.0-50 Taxicab Business Permit Required
No person shall operate a taxicab company in the City without an ^n QGTAP a_City issued taxicab
company permit.
5.48.060 Application for Permits
Applications for a driver permit, taxicab vehicle permit or taxicab company permit shall be made
to OG All the City of Ffuntington Beach, upon a form provided by 061:A4z the (_ ty and shall be
accompanied by all information required. including roof Qf in urance. and jiiall indemnifand
h-QI_d harmless the City Wr any damages resulting. from taxicab operations and an application fee
303
Sufficient to cover the administrative costs of processing said application as established by
(-)C :AP the i y.
A. All Applicants must submit to, and 1�'t�pate in, a background check by the Citv. No
taxicab driver l= it willl be issued if the ackground check reveal-sane Qf_the
fQ11Q,ti,ing — — —
I_, One or more DUI convictions within the ast years: or
2. One or more convictions of crimes related to the manufacture., ale. posaesaiQi
DLtraiiaportatiQii 2f_cQitroI led�ances: or
3. One or more convictions of Reckless Driving
4. The Applicant has been convicted of an�fel_2iy Qr con�piraca to commit. or
attempt to commit. the same, as def Redd}_-cderahr State law; or
J The ApjAicaot a een convicted of any misdemeanor. or conspiracy to commit,
ar attempt to commit the same which ie u<tl in naLitre> asdef ncd btatc and or
Qcal_law: of
_The ARplicant has been convicted of any crime of moral turpitude, or cans ail rack
t 2 (lie same, as defined by State and/or Qcs1 aw
5.48.070 Equipment
A taxicab operated under the authority of this chapter shall be equipped according to the QGTA1'
'it_ 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 9CT4 P th_e C itv conspicuously displayed
according to the standards established by OL,TYW the (i v.
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 OGTAI'- the
l. A schedule of rates and charges for the hire of said taxicab;
2. The driver's name and address;
3. The owners 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.
I-. A driver shall not leave his or her taxicab to solicit passengers.
G. 'rhe 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 outside of each taxicab according to
the standards established by 9CT-AP tie City and adopted by separate resolution of the City
Council.
304
5.48.120 Rates and Charges
No driver shall charge fares and charges higher than those established by 9C—T-AP the City.
5.48,150 Revocation of Permits
Tlie City flay revoke an�pennit granted l2w3u r tt111xt chapLcrgn tltc gl:4.usSls that the�eraiit
holder has failed to comply with the Rgri i qs nditiQn�Q�ther reduiremenls of this chapter.
A. In the event that the permitq-f any-person is revoked by the City. such_lZrson shall not b-q
at,
ntecl a_pSi_init to orate ataxic bl smos for a periQd�Lgl�e_LLLLes�ra te�SticJ�
revocation.
305
2000 Main Street,
Huntington Beach, CA
92648
City of Huntington Beach f 19020V 7rn 72-0
File #: 21-991 MEETING DATE: 12/21/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Dahle Bulosan, Chief Financial Officer
Subiect:
Approve for Introduction Ordinance No. 4248 amending Chapter 5.48 of the Huntington Beach
Municipal Code regulating Taxicabs to comply with California Government Code Section
53075.5 and Adopt Resolution No. 2021-78 to establish fees for the City of Huntington's
Taxicab Program
Statement of Issue:
California Government Code Section 53075.5 requires cities to adopt ordinances to regulate services
provided by taxi companies that are substantially located in the city City Council approval is
requested to approve amendments to the Municipal Code Chapter 5.120 and establish fees for the
City's Taxicab Program
Financial Impact:
The proposed taxicab fees would fully offset all costs associated with the administration of the
Taxicab Program. The Taxicab program will be managed within the current General Fund budget.
Therefore. no new appropriation is needed at this time.
Recommended Action:
A) Approve for Introduction Ordinance No. 4248. "An Ordinance of the City of Huntington Beach
Amending Chapter 5.48 of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire:" and.
B) Adopt Resolution No. 2021-78, "A Resolution of the City Council of the City of Huntington Beach
Establishing Taxicab Permit Fees By Amending Resolution 2016-59. As Amended By Resolution Nos.
2017-28, 2017-44, 2017-46, 2018-01. 2018-29, 2018-48. 2018-55, 2019-07, 2019-19, 2019-87, 2020-
37. 2021-17, 2021-18 And 2021-36. Which Established A Consolidated Comprehensive Citywide
Master Fee and Charges Schedule (Supplemental Fee Resolution 15).
Alternative Action(s):
Do not approve the recommended action(s) and direct staff accordingly.
City of Huntington Beach Page 1 of 3 Panted on 1 211 5/2 02 1
1816
File #: 21-991 MEETING DATE: 12/21/2021
Analysis:
The Orange County Taxi Administration Program (OCTAP), an association of Orange County
Agencies, was originally established to regulate taxicab transportation services for all cities within
Orange County. In December 2020, OCTAP dissolved and Orange County cities are now
responsible for administering their own taxicab programs in jurisdictions where taxi companies are
"substantially located" in the city. The California Government Code defines "substantially located" as
the following:
1) Has its primary business address within the city's or county's jurisdiction.
2) The total number of prearranged and nonprearranged trips that originate within that city's or
county's jurisdiction account for the largest share of the taxicab company's total number of
trips within each county where the taxicab company operated over the previous calendar year,
as determined annually.
There appears to be several taxi companies with business addresses in Huntington Beach that would
be considered to be "substantially located" in the City. In order to comply with State law, staff is
recommending the establishment of a Taxicab Program to permit taxicab companies, vehicles, and
drivers that would meet the criteria of being "substantially located" in the City.
The Taxicab Program establishes minimum safety and service standards for the provision of taxicab
services in the City of Huntington Beach. Staff developed regulations to define minimum taxicab
company, taxicab vehicle, and taxicab driver permitting requirements. The regulations were
developed using OCTAP's regulations as a base template with modifications for the City of
Huntington Beach's needs and operations. The following are key regulatory program requirements:
1) Taxicab companies must have drug and alcohol policy meeting the City's Taxicab Program
requirements and proof that the company has implemented a Drug and Alcohol
Certification Program covering all its affiliated permitted drivers pursuant to Government
Code Section 553075.5.
2) A negative drug and alcohol screening test administered by a City approved test lab is
required by taxicab drivers to be permitted in the City.
3) All taxicab drivers are required to undergo a Department of Justice live scan fingerprint
background check that is reviewed and evaluated by the City's Police Department for
clearance.
4) Submission of evident of insurance, in full force and effect, in such form as required by
the City.
5) Taxicab vehicles shall meet the requirements of the California Vehicle Code including
insurance, vehicle registration, and maintenance requirements.
6) A violation of any of the City's Taxicab Program Regulations is subject to a penalty in
the form of a fine, suspension and/or revocation of a permit.
The City of Huntington Beach's Taxicab Program Regulations is available in its entirety in Attachment
4.
City of Huntington Beach Page 2 of 3 Printed on 1 211 5/2 02 1
powed.817j Leg,siaC-
File #: 21-991 MEETING DATE: 12/21/2021
Taxicab Program Fees
The services for which a city imposes a user or regulatory fee typically derive from an individual
person or entity's action, request, or behavior. Therefore, except in cases where there is an
overwhelming public benefit generated by a city's involvement in the individual action, a fee for
service ensures that the individual bears most, if not all, of the cost incurred by the City to provide
that service. When a fee targets "100% or full cost recovery," the individual is bearing the entirety of
the cost. When a fee targets less than full cost recovery, another City revenue source - in most
cases, the General Fund - subsidizes the individualized activity.
Industry best practice and California statute are in harmony: User and regulatory fees should be set according to
the estimated reasonable cost of service and should bear a fair and reasonable relationship to the payer's
burdens on or benefits received from the activities and/or services provided by the City.
The proposed Taxicab Program Fees are set at 100% or lull cost recovery and is intended to comply with
applicable federal, state, and local laws including providing confirmation that the proposed fees (charges) are
not a tax as defined in Article 13C of the California Constitution and that the proposed fees arc no more than
necessary to the cover the reasonable costs of the City's activities and services addressed in the fees.
Additionally, the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to
the payor's burdens on, or benefits received from the activities and services provided by the City. The proposed
Taxicab Program Fees are located in attachment 3 and the underlying Cost of Service Analysis used to derive
the fee is located in attachment 5.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Ordinance No. 4248, "An Ordinance of the City of Huntington Beach Amending Chapter 5.48
of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire
2. Legislative Draft - Chapter 5.48 Taxicabs-Vehicles for Hire
3. Resolution No. 2021-78, "A Resolution of the City Council of the City of Huntington Beach
Establishing Taxicab Permit Fees By Amending Resolution 2016-59, As Amended By
Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01 , 2018-29, 2018-48, 2018-55, 2019-07,
2019-19, 2019-87, 2020-37, 2021-17, 2021-18 And 2021-36, Which Established A
Consolidated Comprehensive Citywide Master Fee And Charges Schedule (Supplemental Fee
Resolution 15)
4. City of Huntington Beach Taxicab Program Administrative Regulations No. 315
5. Taxicab Permitting - Cost of Service Analysis
City of Huntington Beach Page 3 of 3 Printed on 12/15/2021
po 0818 Lepsta,7-
LEGISLATIVE DRAFT
Chapter 5.48 TAXICABS—VEHICLES FOR HIRE
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 OAR City-issued driver
permit.
"Driver's permit" means a valid permit issued by OCT 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.
" "
"OCTA4R C& regulations" means the current Administrative regulations established by the
City Manager or designee Reo�P.
"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 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 year thereafter,
"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 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.
"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 OCT AR the City authorizing a
company to operate a taxicab business
OCTAP.
"Taxicab vehicle permit" means a valid permit issued by 9C44P authorizing a
particular vehicle to be operated as a taxicab.
5,48.015_:kdministrati s
\lamer or designcc Shall establish adm_inistratLvgr",ulations that ha%e the same lorcc
and effect as this section �\hich shall be published pn the Citv's website and also available li+r
The public in the Clerk, Police, I inance and City Manager's Offices,
5.48.020 ACTAP Cit� :authorization Required
A. No person shall onh, operate a taxicab in the City without an 9GTAP a City issued taxicab
company permit.
B. Only an owner authorized by OCT-4 P the Citv may operate its taxicab(s) in the City.
5.48.030 Driver Permit Required
No person shall operate a taxicab in the City without O AP a-Cily issued driver's permit.
No owner shall permit a person to operate the owner's taxicab unless the person possesses en
9CTAR a City issued driver's permit.
5.48.040 Taxicab Vehicle Permit Required
No person shall operate a taxicab unless his or her vehicle displays P a-City issued
taxicab vehicle permit. No owner shall permit his or her taxicab to be operated in the City Curless
the taxicab displays a taxicab vehicle permit.
A. At all times while providing taxi service, the taxicab vehicle permit must be displayed
in the passenger-side comer of the rear window of the taxicab for which the taxicab
vehicle permit is issued.
5.48.050 Taxicab Business Permit Required
No person shall operate a taxicab company in the City without aft OCTAP a-Cityissued taxicab
company permit.
5.48.060 Application for Permits
Applications for a driver permit, taxicab vehicle permit or taxicab company permit shall be made
to 9C44P the City of Huntington Beach, upon a form provided by AC-TAP the Citv and shall be
accompanied by all information required. including pr4pf of insurance,and shall indemnify and
old harmless The City for any. damages recultine from la\icah operations and an application fee
sufficient to cover the administrative costs of processing said application as established by
9GT-A the Citv.
A. All Applicants must submit to, and participate in, it background check by the City No
yeah dri%cr pernlils «ill be i..ucd it the back.-sound check rel cal x an\ of the
fofolJc,,AqnLI.
1. One crmore DL11 convictions within the last ten \can; or
2,—Ofic or more com ictlons of Crinlcti related to the 111a1111tactLire, L1SC, �d1C, pl1SSC."ion,
or transportation of controllcd5Ajb lj tnccs, or
±. One ur ml,rc cum ictiuns of Reckless lhiv Ine: or
4. 1 he Applicant ha. been 4 victed of any felony_ or conspiracy to conLm_ it. o
attempt to commit, the same, as defined by Federal or State law: or
51 I he Applicant has been_convicted of any misdemeanor. or consniracv to commit
or attempt to commil�he same, %%hich is sexualip n turc,as defined by State an&
local Idly: or
0. 1 he Applicant has been convicted of am crime of moral turpitude, or conspiracy
tq cottimit,4lr attempt LQ commil,the same, as del-mcd by State and or local la%%,
5.48.070 Eauipment
A taxicab operated under the authority of this chapter shall be equipped according to the QGTAR
City 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 OGTAP the Citv conspicuously displayed
according to the standards established by OGTAR the Citv.
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 OCT AR UN
QU:
1. A schedule of rates and charges for the hire of said taxicab;
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 outside of each taxicab according to
the standards established by OCTAp and adopted by separate resolution of the City
Council.
5.48.120 Rates and Charees
No driver shall charge fares and charges higher than those established by OCT-AR the Citv.
5A8.1511 RvNnc:ttion of permith
the ( it\ mad rep ohe an\ hermit pled pursuant to this chapter on the grounds that the permit
holder ha. Iltiled to eompl\ wlh (bLpennit conditions or Other reyuirrm__4nty of this eh: ptrr.
A. In the Ornt that the permLg am nelson is revoked h the ('itch person .hall not he
br;mted a hermit to operate a tasieah business for a perivd_yf yne f l l}ear after xich
re\ocanon.
RESOLUTION NO. 2021-78
A RESOLUTION OF "THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING "TAXICAB PERMIT FEES BY AMENDING RESOLUTION 2016-59, AS
AMENDED BY RESOLUTION NOS. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48,
2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 202 1-18 AND 2021-36. WHICH
ESTABLISHED A CONSOLIDATED COMPREHENSIVE CITYWIDE, PIASTER FEE AND
CHARGES SCHEDULE (SUPPLEMENTAL FEE RESOLUTION 15)
WHEREAS, the City Council adopted Resolution 2016-59 establishing the Consolidated
Comprehensive Citywide Master Fee and Charges Schedule (the "Fee and Charges Schedule");
and,
The City Council amended the Fee and Charges Schedule pursuant to Resolution No.
2016-59, and further amended the Schedule pursuant to Resolution Nos. 2017-28, 2017-46,
2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17. 2021-18
and 2021-36: and.
User and regulatory fees are established by the City Council; and
The City Council desires to add Taxicab Permit Fees to the Fee and Charges Schedule
identified in Exhibit A to this Resolution; and
The City Council finds that providing these services is of special benefit to applicants
both separate and apart from the general benefit to the public; and therefore, in the interests of
fairness to the general public, the City desires to better recover the costs of providing these
services from applicants who have sought or require the City's services by revising its schedule
of fees: and
The City Council hereby finds that the study provides adequate evidence to conclude that
the revised fees do not exceed the cost to provide the services for which the fees are charged;
and
The adopted fees shall be incorporated into the City's existing Consolidated Cityxvide
Master Fee and Charges Schedule. Incorporating these fees into the fee schedule will allow for
the fees to be considered with future comprehensive user and regulatory fee updates; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. Resolution No. 2016-59, as amended pursuant to Resolution Nos. 2017-28.
2017-44, 2017-46, 2018-01, 2018-29, 201848, 2018-55, 2019-07. 2019-19, 2019-87, 2020-37.
2021-17, 2021-18 and 202 1-36 is further amended by adopting the Recommended Fees as set
forth in attached in Exhibit A and incorporated by this reference; which shall become effective
concurrently with the effective date of Ordinance 4248, and continue thereafter.
RESOLUTION NO. 2021-78
PASSED AND ADOP"fED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on 21st day of December 2021.
s
Nlavor
CVIEW ND A—� APPROVED
A e�C!i
City Manager City Attorney QV
1 WHATED AND APPROVED:
Chief Financial Officer
21-10808/273102 2
Resolution No. 2021-78
Exhibit "A"
EXHIBIT A
Master Fee and Charges Schedule FY 21-22 Adjustments
Finance Department
Recommended a Cost
No. Description Fee Level Recovery
Taxicab Program Permit Fees
Fee Company Permit [a].[c] $ 3,086.00 100%
Fee Vehicle Permit (per vehicle) (a).[c] $ 256.00 100%
Fee Driver Permit [a).[c] S 416.00 100%
Fee Replacement Permit (Driver or Taxicab) I (b).[C] I S 66.00 100%
Footnote
(a) Fixed fee;two-year permit
[b) The replacement permit shall be valid for the remaining term of the permit being replaced.
[c) City Technology Automation Fee(currently 6%)also applies and is in additional to the base permit fee.
Res. No. 2021-78
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 December 21, 2021 by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
ADMINISTRATIVE REGULATION
Office of the City Manager
Number 315
Sections 1-10
Effective Date 12/21/2021
Responsible Department Finance
Review Date 12/21/2021
SUBJECT: Taxicab Program Administrative Regulations
DEFINITIONS
A. ASE
"ASE" means the National Institute for Automotive Service Excellence.
B. Bandit Taxicab
"Bandit Taxicab" refers to a Taxicab operating in the City without a valid City permit.
C. BAR
"BAR" means the Bureau of Automotive Repair.
1). Company
"Company" includes a natural person, firm, association, organization, partnership,
business, trust, corporation, or public entity.
E. Company Permit
"Company Pennit" means a valid permit issued by the City authorizing a Company to
operate a Taxicab business within the City.
F. Driver
"Driver' means a person who has a valid Cite-issued Driver Permit.
G. Driver Permit
"Driver Permit" means a valid permit issued by the City authorizing a person to drive
or control the movements of a Taxicab.
H. Permittee
"Pernintce" means a Company that holds a valid City Company Pennit.
1. 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.
Page I of 31
1832
J. Taxicab Permit
"Taxicab Permit" means a valid permit issued by The City, authorizing a particular
vehicle to be operated as a Taxicab.
K. Transportation Agreements
"Transportation Agreements" means any separate agreement that an Agency has
established with a CITY Permittee for operation within its jurisdiction.
1. GENERAL RULES AND REQUIREMENTS
Each City Pemmitlee, its management, employees, affiliated drivers, leaseholders, and
owner-operators are individually and jointly responsible for complying with City Regulations; all
California Vehicle Codes and Statutes; all applicable federal, state and local laws, statutes, and
ordinances; all ordinances of the City, 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.
Ll. Permittee.
I.I .I Permittee shall ensure Taxicabs are driven only by CITY permitted Drivers.
1.1.2 Permittee shall not operate a Taxicab without a valid Taxicab Pennit from
CITY, unless otherwise permitted by law.
1.1.3 Permittee shall notify CITY within forty-eight (48) business hours
of an affiliated Driver who becomes unqualified or unauthorized to
drive a Taxicab or upon terniination of employment or affiliation with
Permittee.
1.1.4 Pennittee shall maintain all programs and requirements for receiving
a Company Permit and verify the continuous enrollment of affiliated
drivers in their CITY-approved drug and alcohol testing program
and DMV Pull Notice program.
1.1.5 Pennittee 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 paynment of business license fees or taxes.
1.1.6 Pennittee shall cooperate fully with CITY Staff.
1.1.7 Permittee shall notify CITY staff within forty-eight (43) business
hours when vehicles are removed from service and will surrender
CITY vehicle pennits in accordance with Section 4.5.
1.1.8 Pennittee shall maintain reasonable financial responsibility to
conduct Taxicab transportation services in accordance with the
CITY Regulations.
1.1.9 Pemmittee shall maintain a safety education and training program in
effect for all Taxicab Drivers, whether employees or contractors.
Paae 2 of")1
1833
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 ct
seq.) and amendments thereto, and state disability rights laws.
including makin- clear that it is illegal to decline to serve a person with
a disability or who has a service animal.
1.1.1 1 Pennittee 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.
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 lVICasurement 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 CITY Driver Permit in order to
operate a Taxicab, and at all times the taxicab is in operation, on behalf of
a Pennittee.
1.2.2 A driver shall not operate a taxicab without a valid CITY 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 CITY 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
Penmit must be attached in a way that makes it removable by the Driver to
provide to law enforcement, code enforcement officers, or CITY staff,
when requested. The Driver's California driver license number on the
Driver Permit may be covered by a removable label, ifdesired. No other
alterations, covered, or hidden information to the CITY 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.
Page 3 of 31
1834
1.2.8 A Driver shall not display another person's CITY Driver Permit or allow
another person to use their Driver Permit.
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 PERN11TS
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 CITY,
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 pennission.
2.1 Company Permit Requirements.
A Company Permit shall be issued from CITY 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
CITY 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 it 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 332 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 4 of")I
1835
and other circumstances providing reasonable suspicion to test.
2.1.2.5 When requested, random testing reports to be made available to
CITY by the program administrator.
2.1.2.6 The applicant's and program administrator's records shall be made
available to CITY upon request within forty-eight (48) business
hours.
2.1.2.7 The test results must be provided to CITY 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 CITY, 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. I 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 (S1,000,000) for the
injury or death of one or more persons in the same accident, and
one hundred thousand dollars (S 100,000) for injury or destruction
of'property with an insurer with a minimum AM Best Rating ofA-7.
Each insurance policy required by these Regulations shall waive
all rights of subrogation against the CITY including 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 (S 10,000) per
occurrence. In addition, the applicant shall direct the insurance
company to provide CITY copies of' Endorsements to the insurance
policy 1) naming the CITY including elected and appointed
ol'ficials, 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 CITY: and 3) the CITY special endorsement
most be completed and duly
Page 5 of 31
" 1836
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 Pemtittee 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.
Pennittees are required to notify CITY upon receipt of DMV Pull Notice
for any affiliated Driver that indicates an action that would no longer qualify
the Driver for a Driver Pemtit. Permittee shall require the Driver to
immediately cease operation and surrender their Driver Permit to
Pemlittee. Permittee shall return the Driver Permit to CITY within forty-
eight (4£) business hours of DMV Pull Notice receipt_ DMV Pull Notice
records shall be made available to CITY 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 6 of 31 1837
2.1.3 At the time the Company Permit application is submitted, the applicant
shall provide to CITY a list of CITY 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.
2.1.11 CITY may require additional verification for compliance with the
requirements defined herein.
2.1.12 CITY Company Permit number must be conspicuously posted in all
company advertisement and media, as required by California
Government Code a 53075.9. Posting must be worded as "City of'
Huntington Beach Company Permit #XXV. Additionally, advertisements
must use the CITY 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 IS years of age.
2.2.2 Falsifies material information o❑ 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 ofaPernittee.
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 (S) years of the
application.
2.2.7 Has any conviction within five (5) years of application (or plea of guilty
or polo contendere) in any state or has any final administrative
deternination of a violation of any statute, ordinance, or regulation
Page 7 of 31
1838
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 5 683.020 and j
633.030 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 j 683.120.
2.2.10 For good cause, subject to appeal pursuant to Section S. 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 CITY a list of CITY pemlitted 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 CITY 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 a CITY Company Pennit within five (5) business days.
2.5. "Perm of Company Permit.
The Company Permit is valid for two (2) years 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 Pernnittee
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 Pennit
may require a Company to submit an application and fees for a new Company Permit, and fees for
Taxicab Pennit(s).
Page S of 31
1839
2.7. Company Permit Suspension/Revocation.
A Company Permit may be suspended or revoked by CITY 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 CITY
Driver Permit when stating that the driver is affiliated with the Permittec.
2.7.3 Failure to comply with the CITY 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,CITY 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 dri, 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 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 CITY Regulations.
2.7.10 Violating Government Code 5 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, CITY may impose a penalty in the form of a fine, a period of
suspension,or both a fine and period ofsuspension. The CITY Administrative Action and Fines are
Page 9 of 3 I
1940
outlined in Municipal Code 5.48.140
2.9 Right to Appeal.
A Company Permit applicant or Pennittee may appeal a Company Permit denial,
revocation, suspension, or fine as provided for in Section 3.
2.10 Agency or Other Transportation Agreements.
2.10.1 A CITY Perhittee may participate in agency or other transportation
progranhs within the jurisdiction of CITY under the following conditions:
2.10.1.1 Transportation program requirements do not conflict with CITY
Regulations. Agency or other providers may require standards and
guidelines that are greater than general CITY requirements. The
agency or provider is responsible for managing and monitoring its
pro.-rani-specific requirements.
2.10.1.2 Pennittee is in good standing with CITY, maintains all required
CITY permits. and continues to comply with all CITY
requirements.
2.10.1.3 Taxicab Driver must continue to display CITY Driver Permit
regardless of any other agency or program identification that may
be required by the sponsoring agency.
2.10.1.4 Pernittee may establish a specialized fare structure for agency or
program trips through its agreement with the agencv.
2.10.1.5 For on-denhand (flagged) trips, the metering device must be
operated any time the Driver is carrying a customer on behalf of
Perlittee, regardless of an agreement pursuant to Section 6.4.
3. DRIVER PERMITS
A Driver nmust be affiliated with a CITY permitted Company and possess a valid CITY
Driver Permit in order to operate a Taxicab.
3.1. Driver Permit Requirements
A Driver Permit may be obtained from CITY, provided the applicant has submitted
all ofthe following:
3.1.1 Complete Driver Permit application, signed by a representative of the
Pennittee to which the driver intends to be affiliated.
3.1.2 Valid California driver license (Class Q.
Page 10 of 31
1841
3.1.3 California Department of Motor Vehicles K4 driver record report or other
similar DMV-issued driver record report that is acceptable to CITY and
is issued within thirty (30) days of submission of a complete application
package.
3.1 .4 A negative drug and alcohol screenings test administered by Permittee's
program administrator within the previous thirty (30) days in compliance
with California Govemment Code § 53075.5(b)(3).
3.1.5 Proof ofenrollmentinPerniittees current and active random drug arid alcohol
program.
3.1.6 Department of Justice (DOJ) Live Scan fingerprint background check
submission and Subsequent Notification Program (SAP) enrollment
submitted 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.
3.2 Driver Permit Issuance.
A Driver Pennit shall be issued within five (5) business days after satisfaction of
requirements in Section 3.1.
3.3 "Perm of Driver Permit.
A Driver Permit is valid for two (2) years unless extended, suspended, revoked,otlimvise
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 Pennit, 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 Pennit 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 CITY fce structure.
3.5 Driver Permit Limitation.
A CITY 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 Driver
Penn it isstrictly prohibited foran),reason with the except ion of Companymanagementcopyinathe
Page I I of")I 1842
pennit for recordkeeping purposes.
3.6 Replacement Driver Permit.
A replacement for a lost or damaged Driver Permit, a subsequent Driver Permit
previously issued based on a temporary or interim California driver license, or a permit that is
reinstated following suspension or vacation hold* may be obtained from CITY upon payment
of all applicable fees. A Driver shall not operate a Taxicab until a replacement pernnit 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 Pertnit and shall not exceed the Driver's annual permit
period.
* A driver may place their pennit on vacation hold for up to 90 days by surrendering the pennit
to CITY and providing the anticipated return date. Drivers whose permits are not reinstated within
90 days must submit to a new DOJ background check and a return to work drug and alcohol screen
before their pennit may be reinstated.
3.7 Driver Permit Transfer to Another Company.
A Driver may request a transfer of his/her Driver Pennit to another Pernnittee
provided the Driver has submitted the following to CITY:
3.7.1 A Driver Permit application signed by an authorized representative of
the prospective Permittec.
3.7.2 The Driver Permit transfer fee.
3.7.3 Valid California driver license (Class Q.
3.7.4 CITY Driver Permit to be transferred.
3.7.5 Verification of enrollment transfer in Permittee's current and active
random drug and alcohol program.
17.6 Driver shall not operate a Taxicab until the transfer pennit is obtained and
in possession of the Driver pursuant to this Section.
3.7.7 A transferred Driver Pennit shall expire on the same date as the
original Driver Permit and shall not exceed the Driver's pennit period.
3.8 Driver Permit Denial.
A Driver pennit shall be denied ifapplicant:
3.8.1 Is less than 1S years of age.
3.3.2 Does not possess a valid California driver license (Class Q.
3.3.3 Fails to enroll in the required random drug and alcohol program.
Page 12 of 31
1843
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 front 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 fortal 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: 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 polo contendere) of any of the
Following within years (10) 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.
3.8.1 1 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 ofa Taxicab driver,
not specifically outlined in this Section, that would preclude an applicant
From possessing an CITY Driver Pennit.
Pagc 13 of")I
1844
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 CITY for any of the following reasons:
3.9.1 Failure to comply with the applicable provisions (including timeliness of
submissions) of the CITY Regulations.
3.9.2 Circumstances providing grounds for denial of a Driver Permit as
outlined in the CITY Regulations.
3.9.3 Revocation or suspension of driver's California driver license.
39.4 Driver's failure to cooperate with an Agency's law enforcement officers,
code enforcement officers, CITY staff, and/or California Highway Patrol
officers.
3.9.5 Notification to CITY by the Permittee that the Driver is no longer an
authorized driver for the Penmittee.
3.9.6 Testing positive on a drug and alcohol screening, or failure to submit to
Pertittees 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 CITY Driver Permit.
3.9.9 A Driver whose permit is revoked shall be prohibited from applying for a
new Driver Pertit for one (1) year from the date of revocation.
3.9.10 DOJ Custodian of Record (Orange County Sheriff) notification of a
disqualifying condition or other circumstances providing grounds for denial
of a Driver Permit as outlined in the CITY Regulations.
3.10 Driver Permit Penalty/Suspension.
In lieu of revocation, CITY 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 CITY Regulations.
The CITY Administrative Action and Fines are outlined in Municipal Code 5.48.140.
Page 14 of 3 I
1845
3.11 Driver Permit Appeal.
The denial, suspension, or revocation of a Driver Permit may be appealed as provided
in Section 3.
3.12 Driver Permit Surrender.
Upon expiration, suspension, or revocation of a Driver Permit. or upon termination of
employment or affiliation with a Pennittee, a Driver shall cease work immediately and surrender
the Driver Permit to CITY within forty-eight (48) business hours.
4. TAXICAB PERMITS
4.1 Taxicab Permit Required.
No person shall operate a Taxicab, or advertise a Taxicab business, on behalf of a
Pennittee within the Area of Jurisdiction of an Agency without a Taxicab Permit from CITY,
unless otherwise authorized by Government Code j 53075.5. At all tinmes while providing taxi
service, the Taxicab Vehicle Permit must be displayed in the passenger-side corner of the rear
window of the Taxicab for which the Taxicab Permit is issued. A Taxicab Permit is
❑ontransfcrable and is valid for two (2) years unless extended, suspended or revoked.
4.2 Inspections.
Prior to issuance or renewal of' a Taxicab Pernmit, Company must complete a vehicle
inspection at an ASE-certified or BAR-registered facility. Specific inspection requirerentsare
outlined on the CITY Vehicle Inspection form. Company must subnmit proof to CITY, signed by
the inspecting facility, that the Taxicab has met all inspection standards.
4.3 Vehicle Replacement.
CITY shall issue a Taxicab Permit for a replacement Taxicab. valid for the tittle remaining
under the Taxicab Permit of the replaced Taxicab, upon satisfaction of the following conditions:
4.3.1 Pemmittee 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 CITY.
4.3.3 Payment of Vehicle Pennit replacement fee.
4.3.4 Company provides proof satisfactory to CITY 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 CITY that the Taxicab passes an inspection by a facility
certified by an ASE-certified or BAR-registered facility.
Page 15 of 31 taas
4.4.1 Upon the successful completion of the above requirements, CITY 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 CITY Fee Structure) and subjects the
Permittee to other administrative actions and fines.
4.5 Taxicab Permit Surrender.
A Permittee, when selling or removing a Taxicab from the fleet, must assure that the CITY
Taxicab Permit, welcome decals, and other CITY Taxicab markings are removed and that the
vehicle cannot be mistaken by the public as an authorized Taxicab. CITY Pennits and welcome
decals must be surrendered to CITY within forty-eight (48) business hours.
4.5.1 A Permittee must surrender the Taxicab Permit to CITY if a Taxicab
has been removed from the CITY-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 pennit will be issued to the same Taxicab and Permittee, upon payment of the
required replacement fee. The replacement Taxicab Pemmit 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 CITY Taxicab requirement. Taxicabs most be maintained to these standards
at al] 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.
Pa<�e 16 of 31
1847
5.2 California Vehicle Registration.
Evidence of valid and current vehicle registration must be maintained in each Taxicab,
pursuant to California Vehicle Code j 4462.
5.2.1 Registered as a commercial vehicle, pursuant to California Vehicle Code
S 260. However, CITY may issue a permit to a vehicle with temporary
registration provided that all other DMV and CITY Regulation
requirements are met, and proof of permanent commercial registration is
provided to CITY within 90 days.
5.2.2 Registered to the Permittee showing the same Perlittee name and address
or registered to the CITY 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 Pennittee.
5.4 Vchicle iMaintenance 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 CITY Staff upon request.
5.5 Seating.
All Taxicabs shall be equipped to seat no more than eight (S) passengers, excluding the
driver.
6. TAXICAB OPERATION
A Driver nurst 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 CITY 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 Reserved.
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 1.1.1 I. 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
Page 17 of')1 1848
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.
Driver shall provide a receipt for the amount charged upon request of the person paying
the fare, which contains the Driver's name and pertnit number, telephone number. Pernittee 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 CITY Drivers may participate in agency or other transportation programs within
thejurisdiction ofCITY under the following conditions:
6.5.1 The Driver must continue to follow all CITY Regulations.
6.5.2 The Driver must continue to display the CITY Driver Permit regardless of
any other identification that may be required by the program or agency.
65.3 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 Goverment Code§ 53075.9 and include, in every
written or oral advertisement of' the Driver's Taxicab services, the name of the Pertnittee, the
Periittee's CITY Permit number, and the Driver's CITY 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 placenment 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 CITY REGULATIONS
CITY" may investigate for violations of CITY Regulations and issue any appropriate
administrative actions, including fines. CITY will not investigate any reports ofalleged 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 CITY with their name and
contactinfornmation.
Page IS of 31
1849
Reports alleging illegal Taxicab operation or violation of the CITY Regulations shall
require all of the following information be provided:
• Date, time and location;
• Description of activity;
• Vehicle's license plate number, color, stake and model, and any distinctive
characteristics.
Reports alleging a violation of Government Code j 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,
Pennittee, 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, Periittee, or Driver may submit a written appeal on a form provided by CITY. 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 3.3., if an appeal is properly filed the adverse action shall be
stayed pending the final detenmination on appeal.
8.3 Stay, Exception.
If CITY 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, CITY shall either make the final decision regarding the appeal
or shall assign a hearing officer to make the final decision regarding the appeal. CITY may
review the appeal and any additional infortation provided therein and shall have the discretion
to deteriine the appropriate action in response to the appeal.
8.5 Hearing Officer.
In the event CITY elects to assign a hearing officer to decide the appeal then the following
shall apply:
Page 19 of 31
1850
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 CITY 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 relving 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 CITY 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 pennit to CITY.
8.6 Administrative Hearings.
Administrative hearin,-,s may be held at the discretion of CITY when the denial, suspension,
or revocation of a Company Permit or Driver Pcmiit, 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
9.1 CITY Permit Fees.
A schedule for Permit fees is approved by City Council in the amount necessary to recover
all costs incurred by the CITY to administer the Taxicab Program. The fee schedule adopted by
the City Council is attached hereto as "Attachment I."
9.2 Metered Rates.
Taxicab metered rates are established by CITY for on-demand (flagged) trips.
Page 20 of 3 I
1851
9.2.1 The CITY adopts the metered rates which is attached hereto as
"Attachment 2."
9.2.2 The CITY may revise the Metered Rates as needed.
9.3 Refund Police.
There shall be no refund of any portion of the fees described in the CITY Regulations.
10. AINIENDNIENTS TO REGULATIONS
10.1 Administrative Amendments.
The City Manager or designee may adopt administrative amendment(s) to the CITY
Regulations.
10.2 CITY Permit Fees and Taxicab Metered Rates.
10.2.1. Sections 10.1 above shall not apply to an amendment to the CITY fee
schedule, attached hereto as Attachment "l," which is adopted by the City
Council.
10.2.2. 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 21 of 3 I
1852
ADMINISTRATIVE REGULATION 315 — Attachment 1
CITY OF HUNTINGTON BEACH TAXICAB PROGRAM
FEESTRUCTURE
Company Permit
Two-Year Pcnnit 53.036
Vehicle Permits (per vehicle)
Two-Year Permit S256
Driver Permits
Two-Year Permit 5416
Replacement Permits
Expires same day as original permit S66
Fees shown are paid to the City of Fluntington Beach. Additional fees are paid by Pennittee
for drug testing, fingerprinting, background check, and vehicle inspections. City
Technology Fee also applies. Technology Fee is in addition to the base perniit fee.
Page 29 of 31
1853
ADNIINISTRATIVE REGULATION 315 — Attachment 2
CITY OF HUNTINGTON BEACH APPROVED TAXICAB 1IETERED RATES FOR ON-
DEMAND (FLAGGED) TRIPS
53.50 for the flag drop and first 115 mile
50.55 for each 1/5 mile. after the first 1/5 mile (S2.75 per mile)
532.00 per hour wait time (Approximately S0.53 per minute)
No Extra Char,c for Additional Passeneers.
Page 31 of 31
1854
City of Huntington Beach
User and Regulatory Fee Study
Cost of Service Calculation-Taxicab Permitting
Service Time Estimate
DescriptionFinance Code EnL Police
Fee Mgmt. t Non-Sworn Sworn Total
1 Company Permit 4.0 1.0 0.0 13.0 4.5 22.5
2 Vehicle Permit(per vehicle) 1.0 0.0 1.0 0.0 0.0 2.0
3 Driver Permit 1.5 0.0 0.0 1.0 0.5 3.0
4 Replacement Permit 0.5 0.0 0.0 0.0 0.0 0.5
Cost of Service= Hourl Billin Rate•Service Time
$131 $131 $125 $115 5208 TotaFinance Code Enf. Police
Fee Description Licensing
Risk Mgmt. Fleet rNon-Sworn 1 Company Permit $524 $131 $0 $1.495 $936 $31
2 Vehicle Permit(per vehicle) $131 $0 $125 $0 50 $256
3 Driver Permit 5197 $0 $0 $115 $104 $416
4 Replacement Permit 566 $0 $0 $0 $0 $66
Note:
Hourly billing rates as identified in current master fee schedule. Hourly rates for Risk Mgmt.set to match Finance/Licensing due to similar administrative review
functions for permitting. Code Enforcement/PD Non-Sworn hourly rate based on Code Enforcement Officer I position.
" In addition to the permit amounts shown above,the City's Technology Fee also applies. The Technology Fee is already adopted and incorporated in the City's Master
Fee Schedule. No changes are proposed to the Technology Fee
1855
• 12/21/2021
City of Huntington Beach
Taxicab Program
Huntington Beach City Council
December 21, 2021
<v
Background
• California Government Code section 53075.5 requires that each city and
county regulate services provided by taxi companies that are substantially
located in their jurisdiction.
• Orange County Taxi Administration Program (OCTAP) was established to
regulate taxicab services for all cities within Orange County.
• OCTAP dissolved at the end of December 2020 and now each city with
taxicab companies that are substantially located within a jurisdiction is
required to establish regulations to administer taxicab services.
• There are at least two taxicab companies that are substantially located in
HB that are interested in providing taxicab services.
SUPPLEMENTAL
O
IdeetN Claw. /Z/2112/
4Qenda Item w.• 3tr w- e 22 0 1
• 12/21/2021
City of Huntington Beach Taxicab Program
• The proposed HB Taxicab Program requires minimum safety and service
standards to do business in HB.
• The following key regulatory program requirements:
• Taxicab companies need to have a drug & alcohol policy pursuant to the
California code
• Taxicab drivers are required to undergo background checks and drug &
alcohol test
• Meet all insurance requirements
•Taxicab vehicles shall meet the requirements of the California Vehicle Code
including insurance, vehicle registration, and maintenance requirements
• A violation of any of the City's Taxicab Program Regulations is subject to a
penalty in the form of a fine, suspension, andlor revocation of a permit
Taxicab Program Fees
The proposed Taxicab Program Fees are set at 100% or full cost recovery
and are comparable to OCTAP fees
Recommended
Description fee
Company Permit $3,086
Vehicle Permit (per vehicle) $256
Driver Permit $416
Replacement Permit (Driver or Taxicab) $66
Note:fixed fee,two-year permit,6%City Technology Fee applied to base permit fee
2
• 12/21/2021
Recommended Action
1. Approve Taxicab Ordinance No. 4248 for introduction —
second reading on January 18, 2022
2. Adopt Resolution No. 2021-78 Taxicab Permit Fees
Questions?
• 3