Resolution Number 98-12-15-8443
RESOLUTION NO. 98-12-15-8
APPROVING FEES, FARES AND REGULATIONS - TAXICABS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING
ADMINISTRATIVE FEES, RATES OF FARE AND REGULATIONS
APPLICABLE TO THE OPERATION OF TAXICABS, AS ESTABLISHED BY
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
WHEREAS, Government Code Section 53075.5 requires each city to adopt an
ordinance or resolution in regard to taxicab transportation service within the city, including
regulation of employment of taxicab drivers, establishment or registration of rates for taxicab
transportation service, and a drug and alcohol testing program; and,
WHEREAS, the City of San Juan Capistrano has entered into an inter -agency
agreement with the Orange County Transportation Authority in which the City agreed to participate
in the Orange County Taxi Administration Program (OCTAP) and the Orange County Transportation
Authority has agreed to provide the staff and administrative services necessary to implement the
program; and,
WHEREAS, the Orange County Taxi Administration Program has determined the
cost of administering the program and has established certain fees covering those costs; and,
WHEREAS, the Orange County Taxi Administration Program has established a
schedule of reasonable rates -f fare applicable to taxicab transportation services; and,
WHEREAS, the Orange County Taxi Administration Program has also established
certain regulations applicable to taxicabs and taxicab drivers, including, but not limited to
regulations pertaining to insurance, equipment, mechanical condition, and other aspects of taxicab
operations, and which are designed to protect the health, safety and welfare of persons utilizing
taxicab services in the City of San Juan Capistrano; and,
WHEREAS, the Orange County Taxi Administration Program will provide all the
services necessary for the City of San Juan Capistrano to comply with Government Code Section
53075.5 regarding regulation of taxicab transportation services within the City; and,
WHEREAS, the City Council has reviewed and approves of the fees, rates of fare
and standards established by the Orange County Taxi Administration Program.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby:
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444
1. Adopt the fees, rates of fare, and regulations applicable to taxicabs, as
established by the Orange County Taxi Administration Program, which fees, rates of fare and
regulations are attached hereto as Exhibits "A" "B" and "C" respectively.
2. Authorize the Orange County Transportation Authority to collect fees for the
Orange County Taxi Administration Program permits and related services, provided said fees do not
exceed the actual cost of administering the program.
3. Authorize the City Manager or the City Manager's designee to approve minor
modifications to the fees, rates of fare and standards as established by the Orange County Taxi
Administration Program.
PASSED, APPROVED, AND ADOPTED this
December 1998.
ATTEST:
CITY CLERK
-2-
GREINER, MAYOR
15th
day of
445
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
98-12-15-8 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1 Sth day of pPoamhar 1998, by the
following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 6�
CHERYL JO , CITY CLERK
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446
EXHIBIT A
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP)
FEE STRUCTURE
Company Business Permit - Annual
Initial Company Permit $3,000.00
Company Permit Renewal $1,000.00
Vehicle Permits (per vehicle) - Annual
Vehicle Permit (includes inspection) $225.00
Vehicle Re -inspection Fee (after a failed inspection) $37.50
Driver Permits — Annual'
Annual Driver Permit $75.00
Replacement Driver Permit $10.00
Transfer of Driver Permit (to another company) $10.00
' Fees shown are paid to OCTAP. Additional fees are paid by driver for drug testing, photographs,
fingerprinting, and/or background check.
K:/OCTAP/Rules & Regulations/OCTAP FEE STRUCTURE.doc
11/19/98
EXHIBIT B 447
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP)
SCHEDULE OF RATES OF FARE
$1.90 first 1/6 mile
$0.30 each additional 1/6 mile
$22.00 maximum per hour waiting fee
No charge for first three minutes waiting time
No extra charge for additional passengers
K:/OCTAP/Rules & Regulalions/OCTAP SCHEDULE OF RATES OF FARE.doc 11/19/98
448
EXHIBIT C
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
1. PURPOSE
1.1. These regulations implement the provisions of the taxicab
ordinances, as passed by City Council of each OCTAP participating City, and
regulate taxicab service within the City.
2. DEFINITIONS
2.1. "Driver' means a person who drives or controls the movements of a
taxicab.
2.2. "Driver's Permit" means a valid permit issued by OCTAP
authorizing a person to drive or control the movements of a taxicab.
2.3. "OCTA" means the Orange County Transportation Authority.
2.4. "OCTAP" means the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
2.5. "Company" includes natural person, firm, association, organization,
partnership, busines t,us`, corporation or public entity.
2.6. "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 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.
2.7. "Taxicab Business Permit" means a valid permit issued by OCTAP
authorizing a company to operate a taxicab business in any participating city
which allows the company to serve that city.
2.8. "Taxicab Vehicle Permit" means a valid permit issued by OCTAP
authorizing a particular vehicle to be operated as a taxicab.
1
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
3. TAXICAB BUSINESS PERMITS
3.1. No company shall operate a taxicab business within the City
without having first obtained a Taxicab Business Permit from OCTAP.
3.2. A Taxicab Business Permit shall be issued from OCTAP if the
following conditions have been satisfied:
application;
3.2.1. Submission of a completed Taxicab Business Permit
3.2.2. submission of a copy of applicant's drug and alcohol policy
meeting OCTAP requirements;
3.2.3. submission of evidence of insurance, in full force and effect,
in such form as required by OCTAP, issued by a solvent and responsible
company licensed to do business in the state, 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. Applicant s"311 pr wide a Certificate of Insurance showing that the
applicant is insured for minimum combined single limit of one million dollars
($1,000,000) for the injury or death of one or more persons in the same accident,
and one hundred thousand dollars ($100,000) for injury or destruction of
property. In addition, applicant shall provide certified copies of Endorsements to
the insurance policy 1) naming the cities participating in the Orange County Taxi
Administration Program and the Orange County Transportation Authority, its
Officers, Directors, Employees and Agents as additional insureds; and 2)
indicating that coverage shall not be reduced, terminated or canceled without
thirty (30) days' prior written notice to OCTAP. OCTAP reserves the right to
request certified copies of all related insurance policies;
3.2.4. submission of financial documents and other information as
required by OCTAP;
2 Dated: October 13, 1997
II•
450
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION IQ
3.2.5. submission of Department of Motor Vehicles (DMV) Pull
Notice Program Requester Code Number issued to applicant, as defined in
Vehicle Code Section 1808.1. Company is required to immediately notify the
OCTAP Administrator if it receives a DMV Pull Notice on one of their drivers
which would affect the driver's OCTAP Driver's Permit. In the event the driver's
DMV record indicates he/she no longer qualifies for a Driver's Permit, company
shall require driver to turn over Driver's Permit to company. Company shall return
the Driver's Permit to the OCTAP Administrator. DMV Pull Notice records shall
be made available to the OCTAP Administrator upon request.
3.2.6. submission of proof of current California Department of
Motor Vehicles registration for each vehicle listed in the Taxicab Business Permit
application. All vehicles listed in the Taxicab Business Permit application shall be
owned by the applicant;
3.2.7. every owner, partner or principal officer of applicant has
submitted to fingerprinting by the Orange County Sheriffs Department;
3.2.8. every owner, partner or principal officer of applicant has
successfully cleared a local background check; and
3.2.9. submitted payment of all applicable fees including but not
limited to background check fee, Taxicab Business Permit application fee,
Taxicab Vehicle Permit application fee, etc.
3.3. A Taxicab Business Permit shall be denied if any owner, partner or
principal officer of applicant fulfill any of the following grounds for denial:
3.3.1. Under the age of 18 years.
3.3.2. Falsification of material information on application for
Taxicab Business Permit within the past one (1) year.
Section 290.
3.3.3. Registered sex offender pursuant to California Penal Code
M
Dated: October 13, 1997
451
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION IQ
3.3.4. On formal probation or parole for any offense outlined in
Section 3.3 of these regulations.
3.3.5. Conviction (or plea of 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; crimes involving the use of a
weapon; or any other offense involving moral turpitude or any crime that is
substantially related to the qualifications, functions or responsibilities of a taxi
owner.
3.3.6. Conviction (or plea of guilty or nolo contendere) in any state
for a felony other than those listed in the previous section within eight (8) years
of application.
3.3.7. Any conviction within five (5) years of application (or plea of
guilty or nolo contendere) in any state or any final administrative determination of
a violation of any statute, ordinance, or regulation reasonably and rationally
pertaining to the same or similar business operation which would have resulted
in suspension or revocation of the Taxicab Business Permit under these
regulations.
3.4. At the time the Taxicab Business Permit application is submitted,
applicant shall provide to OCTAP a list of drivers authorized to operate the
vehicles identified in the Taxicab Business Permit.
3.4.1. Permittee shall provide OCTAP with notice by fax within 72
hours in the event that any driver listed in the Taxicab Business Permit is no
longer authorized to operate a vehicle identified in the Taxicab Business Permit.
3.5. Upon company's successful satisfaction of the conditions listed
above, company shall be issued an OCTAP Taxicab Business Permit.
3.6. Once OCTAP issues a Taxicab Business Permit, the company
must then be authorized by the City and must pay any applicable business
license tax before operating in the City.
4 Dated: October 13, 1997
452
TAXICAB REGULATIONS OF THE 0
ORANGE COUNTY TAXI ADMINISTRATION
3.7. A Permittee may add additional drivers to its list of drivers
authorized to operate the vehicles identified in the Taxicab Business Permit,
provided that:
3.7.1. Permittee has submitted to OCTAP an Intent to Hire/Intent
to Lease a Taxicab form identifying the driver as being employed or given a
written offer of employment or as being a self-employed independent contractor
or the company; and
3.7.2. the driver to be added has been issued a Driver's Permit by
OCTAP which states the driver is affiliated with the Permittee and identified as
either an employee or leased driver.
3.8. The Taxicab Business Permit is valid for one (1) year from the date
of its issuance unless sooner suspended or revoked.
3.9. At least thirty (30) days prior to expiration of the Taxicab Business
Permit, the Permittee should submit an application for renewal of its Taxicab
Business Permit pursuant to Section 3 of these regulations.
3.10. A Taxicab Business Permit may be suspended or revoked by the
OCTAP Administrator for the following reasons:
3.10.1. Providing false or inaccurate information in the
Taxicab Business Permit application.
3.10.2. Allowing operation of a taxicab by a person not in
possession of a valid Driver's Permit stating that the driver is affiliated with the
company; or
3.10.3. Failure to comply with the applicable provisions of
these regulations; or
3.10.4. Failure of authorized drivers to comply with the
applicable provisions of these regulations; or
3.10.5. Operation of any taxicab at a rate of fare other than
those fares adopted by the City; or
5 Dated: October 13, 1997
453
TAXICAB REGULATIONS OF THE�
ORANGE COUNTY TAXI ADMINISTRATION
3.10.6. Failure to cooperate with local agency law
enforcement, code enforcement officers, and/or OCTAP Administrator.
3.11. In lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a period of suspension.
3.12. A Taxicab Business Permit applicant may appeal a permit denial,
suspension or revocation in accordance with the appeal provisions set by
OCTAP.
4. VEHICLE INSPECTIONS
4.1. Upon issuance of a Taxicab Business Permit and prior to
operating, Permittee shall bring each vehicle listed in the Permit to the OCTAP
facility for a vehicle inspection. OCTAP may, at its discretion, conduct vehicle
inspections at the operator's facility.
4.2. Upon meeting all requirements and passing the vehicle inspection,
OCTAP shall issue a nontransferable Taxicab Vehicle Permit sticker for Pnr�h
approved vehicle. The Taxicab Business Permit sticker shall immediately be
affixed to the left-hand corner of the rear windshield of the vehicle for which the
sticker is issued. The Taxicab Vehicle Permit is valid for one (1) year.
4.3. Vehicles that fail a vehicle inspection shall pay the re -inspection fee
and be presented for re -inspection after the identified corrections have been
made. If such corrections have been made and if the vehicle otherwise complies
with these vehicle inspection standards, a Taxicab Vehicle Permit shall be
issued.
4.4. In addition to the initial and annual vehicle inspection, all taxicabs
operated under OCTAP shall submit to on -the -road or random inspections by
OCTAP inspectors or authorized city peace officers and code enforcement
officials when requested. Failure to submit to an inspection may result in
revocation of the Taxicab Vehicle Permit. The OCTAP inspector shall complete
6 Dated: October 13, 1997
454
TAXICAB REGULATIONS OF THE�
ORANGE COUNTY TAXI ADMINISTRATIONINN W-1/1
an inspection report at the time of inspection which shall indicate, in the opinion
of the OCTAP inspector, what repairs, if any, need to be made to the vehicle.
One copy of the report shall be given to the driver. OCTAP shall mail a copy of
the report to the company to whom the vehicle is registered.
4.4.1. If the inspection report indicates the need for repairs to a
vehicle, the company is required to bring the vehicle to OCTAP for re -inspection
within the time frame provided in the report to verify that the required repairs
have been made. A re -inspection fee shall be required at time of re -inspection.
4.4.2. In the event that repairs have not been made to a vehicle
within the time frame provided for in the report, the Taxicab Vehicle Permit
sticker shall be revoked until corrections have been made to the satisfaction of
OCTAP.
4.5. Permittee may replace any of the vehicles listed in the Taxicab
Business Permit with another vehicle upon satisfaction of the following
conditions:
4.5.1. Surrender of the vehicle to be replaced to OCTAP for
removal of the Taxicab Vehicle Permit sticker;
4.5.2. successful passing of a vehicle inspection by the
replacement vehicle; and
4.5.3. payment of Taxicab Vehicle Permit transfer fee.
4.5.4. Upon satisfaction of the conditions stated above, OCTAP
shall delete the vehicle identification number of the vehicle to be replaced in the
Taxicab Business Permit and add the vehicle identification number of the
replacement vehicle. OCTAP shall issue a new Taxicab Vehicle Permit sticker for
the replacement vehicle which shall be valid for the term remaining under the
Taxicab Vehicle Permit sticker of the replaced vehicle.
4.6. The Taxicab Business Permit shall be renewed annually by
bringing each vehicle listed in the permit application to the OCTAP facility for a
7 Dated: October 13, 1997
455
TAXICAB REGULATIONS OF THE�
ORANGE COUNTY TAXI ADMINISTRATION
vehicle inspection and paying all applicable fees. OCTAP may, at its discretion,
conduct vehicle inspections at the operator's facility.
4.7. Upon the successful completion of the vehicle inspection, OCTAP
shall place a new expiration date sticker on the Taxicab Vehicle Permit sticker for
each of the vehicles registered in the Taxicab Business Permit.
5. DRIVER'S PERMITS
5.1. No person shall drive a taxicab within an OCTAP city without
having first obtained either a temporary or a permanent Driver's Permit from
OCTAP.
5.2. A temporary Driver's Permit may be obtained from OCTAP,
provided that, the prospective driver has satisfied the following conditions:
5.2.1. submitted a completed Driver's Permit application;
5.2.2. submitted the Driver's Permit application fee;
5.2.3. presented a valid California Driver's License;
5.2.4. submitted two current 2" x 2" professional quality color
photos (passport photos) of the applicant;
5.2.5. submitted an Intent to Hire/Intent to Lease a Taxicab form
signed by the company for whom the applicant intends to drive a taxicab;
5.2.6. successfully passed a drug and alcohol screening test within
the previous 30 days in compliance with California Government Code Section
53075.5 (b) (3);
5.2.7. submitted to fingerprinting by the Orange County Sheriffs
Department;
5.2.8. successfully cleared a local background check; and
5.2.9. submitted payment of all applicable fees, including the
background check fee and Driver's Permit application fee.
8 Dated: October 13, 1997
456
TAXICAB REGULATIONS OF THE, .
ORANGE COUNTY TAXI ADMINISTRATION
5.3. The temporary Driver's Permit shall be valid for 90 days and shall
be replaced by a permanent Driver's Permit within such 90 days unless extended
by OCTAP for a specified period.
5.4. A permanent Driver's Permit shall be issued once the applicant has
successfully cleared a State Department of Justice background check.
5.5. A permanent Driver's Permit is valid one (1) year from the date the
temporary Permit was issued, unless sooner suspended, revoked or otherwise
terminated.
5.6. A driver who has been issued an OCTAP Driver's Permit may only
pick up passengers in those cities which have authorized the company he/she
represents.
5.7. At least ten (10) working days prior to expiration of the Driver's
Permit, the driver should re -apply for a Driver's Permit pursuant to Section 5 of
these regulations.
5.8. All Driver's Permits issued by OCTAP, including temporary Dr.--r's
Permits, shall be valid only for the driver's operation of a taxicab for the company
indicated on the Driver's Permit. No driver may operate a taxicab for a company
other than the company listed on the driver's Driver's Permit.
5.9. A replacement Driver's Permit may be obtained from OCTAP,
provided that the driver has satisfied the following conditions:
5.9.1. Submitted a replacement Driver's Permit form along with the
Driver's Permit replacement fee; and
5.9.2. provided one current 2" x 2" professional quality color photo
(passport photo).
5.10. The replacement Driver's Permit shall expire on the same date as
the replaced Permit.
5.11. A Driver's Permit applicant may appeal a permit denial in
accordance with the appeal provisions set by OCTAP.
0
Dated: October 13, 1997
457
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
5.12. A Driver's Permit shall be denied if applicant meets any of the
following grounds for denial:
(Class C).
5.12.1. Under the age of 18 years.
5.12.2. Does not possess a valid California Driver's License
5.12.3. Falsification of material information on application for
Driver's Permit within the past one (1) year.
5.12.4. Required to register as a sex offender pursuant to
California Penal Code Section 290.
5.12.5. On formal probation or parole for any offense outlined
in Section 5.12 of these regulations.
5.12.6. Any conviction (or plea of guilty or nolo contendere) in
any state of any of the following or their equivalent: murder; a violation of
California Vehicle Code Section 2800.2 (pertaining to disregard for safety of
persons or property. SEc:on 2800.3 (pertaining to flight from peace offer
causing death or bodily injury) or Section 20001 (pertaining to duty to stop at
scene of accident); robbery; pandering; pimping; crimes related to the use, sale,
possession, or transportation of controlled substances; crimes involving
weapons; any crime for which registration would be required under California
Penal Code Section 290; or any other offense involving moral turpitude or any
crime that is substantially related to the qualifications, functions or
responsibilities of a taxi driver.
5.12.7. Conviction of a felony other than those listed in the
previous section within eight (8) years of application.
5.12.8. Conviction of any of the following within five (5) years
of application: reckless driving; driving under the influence of intoxicating liquors
or drugs; a violation of California Vehicle Code Section 2800.1 (pertaining to
flight from peace officer); Section 20002 (pertaining to duty where property
10 Dated: October 13, 1997
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TAXICAB REGULATIONS OF THE E
ORANGE COUNTY TAXI ADMINISTRATION
damaged), Section 20003 (pertaining to duty upon injury or death) or any
corresponding substitute sections; vehicular manslaughter; assault; or battery.
5.13. A Driver's Permit may be suspended or revoked by the OCTAP
Administrator for the following reasons:
5.13.1. Failure to comply with the applicable provisions of
these regulations;
5.13.2. Circumstances furnishing grounds for the denial or
refusal to renew the Driver's Permit as outlined in these regulations;
5.13.3. Revocation or suspension of Permittee's California
Driver's License;
5.13.4. Failure to cooperate with local agency law
enforcement, code enforcement officers and/or OCTAP Administrator; or
5.13.5. Notification to OCTAP by the taxicab company that
the Permittee is no longer an authorized driver.
5.14. In lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a period of suspension.
6. VEHICLE INSPECTION STANDARDS
6.1. The minimum vehicle standards are those of the California Vehicle
Code (CVC). All taxicabs shall meet all applicable standards of the California
Vehicle Code as well as the following in order to pass the OCTAP vehicle
inspection.
6.1.1. Bodx Condition
6.1.1.1. No body damage, tears or rust holes in the
vehicle body and/or loose pieces hanging from the vehicle body are permitted.
Front and rear fenders, bumpers and light trim shall be securely fixed to the
vehicle.
is
Dated: October 13, 1997
EARM
TAXICAB REGULATIONS OF THE�
ORANGE COUNTY TAXI ADMINISTRATION
6.1.1.2. The exterior of the vehicle shall be maintained
in a reasonably clean condition.
6.1.2. Brake System
6.1.2.1. Per CVC 26453.
6.1.3. Defroster Operation
6.1.3.1. Per CVC 26712.
L-1kX'N:r-bTTrri
6.1.4.1. Per CVC 27153.
6.1.5. Fuel Tank Cad
6.1.5.1. Per CVC 27155.
6.1.6. Horn
6.1.6.1. Per CVC 27000.
6.1.7. Hubcaps
6.1.7.1. Hubcaps or wheel covers shall be on all
wheels for which huhnaps are standard equipment.
6.1.8. Interior Condition
6.1.8.1. Passenger compartment, driver compartment,
and trunk or luggage area shall be clean and free of foreign matter, offensive
odors and litter.
6.1.8.2. Seat upholstery shall be clean. Interior walls
and ceiling shall be kept reasonably clean. No rips or tears are permitted. All
repairs shall be done so as to reasonably match the existing interior.
6.1.8.3. Door handles and doors shall be intact, clean
and operational.
6.1.9. Interior Information
6.1.9.1. A 4" x 6" information card shall be displayed in
plain view of all passengers at all times that a taxicab is in operation.
12 Dated: October 13, 1997
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION IQ
6.1.9.2. The information card shall contain the following
information on the permit holder: company name, business address and
telephone number; and rate schedule approved by the City.
6.1.9.3. The valid Driver's Permit issued to the
operating driver shall be in plain view of all passengers at all times that the
taxicab is in operation.
6.1.10. License Plates
6.1.10.1. Per CVC 5202.
6.1.11. Liahts
6.1.11.1. Headlights shall be operational on both high
and low beams (CVC 24400).
6.1.11.2. Tail lights shall be operational (CVC 24600).
6.1.11.3. Emergency flashers shall be operational (CVC
24252).
6.1.11.4. Reverse lights shall be operational (CVC
24606(a)).
6.1.11.5. Turn signal lights shall be operational (CVC
24951(b)(1)).
6.1.11.6. Brake lights shall be operational (CVC
24603(b)).
6.1.11.7. License plate light shall be operational (CVC
24601).
6.1.11.8. Interior lights shall be operational.
6.1.12. Markings
6.1.12.1. Exterior markings shall consist of company
name, phone number, body number and other OCTAP approved logo. Such
exterior markings shall be properly and neatly placed and easy to read (in
contrasting colors).
13 Dated: October 13, 1997
TAXICAB REGULATIONS OF THE l
ORANGE COUNTY TAXI ADMINISTRATION
6.1.12.2. Company name shall be placed on each side
of vehicle in letters not less than 3 inches in height (in contrasting colors).
6.1.12.3. Vehicle number shall be placed on each side
and rear of vehicle in numbers not less than 4 inches in height.
6.1.13. Mirrors
6.1.13.1. Per CVC 26709.
6.1.14. Muffler
6.1.14.1. Per CVC 27150(a).
6.1.15. Parking Brake
6.1.15.1. Per CVC 26451.
6.1.16. Proof of Insurance
6.1.16.1. Per CVC 16020 through 16028.
6.1.17. Radio
in working order.
6.1.17.1. Vehicle shall be equipped with a two-way radio
-I�
6.1.18.1. Per CVC 27315.
6.1.19. Steering and Suspension System
6.1.19.1. Vehicle's steering and suspension system shall
be in good mechanical order. (CVC 24002(a)(b)).
6,11.20. Taximeter and Meter Seals
order.
6.1.20.1
6.1.20.2
6.1.20.3.
Sealer of Weights and Measures
13 months old.
All vehicles shall have a taximeter in working
All taximeters shall have an intact meter seal.
Taximeters shall be certified by the County
. The date on the seal shall not be more than
14 Dated: October 13, 1997
461
462
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
6.1.20.4. The taximeter shall be placed in the taxicab so
that the reading dial showing the amount of fare to be charged shall be well
lighted and easily read by the passenger.
6.1.20.5. A vehicle shall be placed out of service if the
meter is not working, the lead seal is broken, or the approved rate of fare is not
being charged.
6.1.21. Tires
6.1.21.1. Per CVC 27465(b).
6.1.21.2. Every vehicle shall be equipped with a jack,
tire changing tool, and an inflated spare tire. A company may be exempted from
this requirement upon proof the company has a contract with a towing company
and a policy in place to send another taxicab vehicle for the stranded
passengers.
6.1.22. Windows
R ".22.1. Rear windshield per CVC 26710.
6.1.22.2. Safety glass shall be in all windows.
6.1.23. Windshield Wipers
6.1.23.1 Per CVC 26707.
7. APPEALS
7.1. The Appeal Procedure for Denial, Suspension or Revocation of
Permit or Related Adverse Action is as follows:
7.1.1. In the event a permit is proposed to be denied, suspended
or revoked, the applicant/Permittee shall be notified in writing of the proposed
adverse action and reason(s) therefor.
7.1.2. Within ten (10) days of the date of the notice of proposed
adverse action, the applicant/Permittee shall submit a written appeal on a form
provided by OCTAP. The applicant/Permittee shall set forth in the appeal the
15 Dated: October 13, 1997
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
reasons why such action is not proper. Failure to file such an appeal within the
time frame indicated shall constitute waiver of the right to an appeal and the
proposed adverse action shall become final and any permit surrendered
immediately.
7.1.3. Except as provided in Section 7.1.4, once an appeal is filed,
the adverse action shall be stayed pending the final determination of the appeal.
7.1.4. If, in the OCTAP Administrator's opinion, the continued
operation of a taxicab vehicle or possession of a Driver's Permit represents an
unsafe condition for the public, the adverse action shall not be stayed.
7.1.5. If an appeal is timely filed, the OCTAP Administrator shall
review the appeal, and based on additional information provided therein, may
revise his findings and penalty in accordance with the additional information
provided. In the alternative, the OCTAP Administrator may cause the appeal to
be assigned to a Hearing Officer.
7.1.5.1. The OCTAP Administrator shall maintain a "st
of qualified Hearing Officers, who shall not be employees of OCTA, and shall
regularly rotate assignments based on availability of the proposed Hearing
Officers.
7.1.5.2. The Hearing Officer shall expeditiously
schedule the appeal hearing.
7.1.6. The appellant and the OCTAP Administrator or designee
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.
7.1.6.1. The formal rules of evidence shall not apply,
and any relevant evidence that is the sort of evidence upon which responsible
persons are accustomed to rely in the conduct of serious affairs shall be
admissible.
16 Dated: October 13, 1997
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATIONI'M W-11111
7.1.6.2. 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.
7.1.7. The OCTAP Administrator shall 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.
7.1.8. The decision of the Hearing Officer shall be the final
administrative remedy and shall be binding upon the parties to the appeal.
7.1.9. If the Hearing Officer decides to suspend or revoke a permit,
the appellant shall immediately surrender the permit to the OCTAP
Administrator.
8. REFUND POLICY
8.1. There shall be no refunds of any portion of the fees described in
these regulations.
9. ADMINISTRATIVE CHANGES TO REGULATIONS
9.1. OCTAP is authorized to make administrative changes to these
regulations upon written notification to the City.
WA
Dated: October 13. 1997
ATTACHMENT C 46S
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP)
INTER -AGENCY AGREEMENT
This ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) INTER-
AGENCY AGREEMENT ("Agreement"), is made and entered into this day of 1999,
by and between the Orange County Transportation Authority, a California public authority ("OCTA")
and the City of San Juan Capistrano, a California general law municipal corporation ("City").
WITNESSETH:
WHEREAS, the Orange County Taxi Administration Program ("OCTAP") is a voluntary
association of Orange County cities which have delegated the issuance of taxicab vehicle licenses and
driver permits and other administrative functions to the Orange'County Transportation Authority
("OCTA"): and,
WHEREAS, the objective of OCTAP is to increase public safety, reduce administrative costs
for the public and private sector, and to expand the provision of private transportation service in
Orange County.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
SECTION 1. Mutual Obligations. The parties hereto agree to;
A. Participate in the OCTAP with the goal of increasing public safety, reducing
administrative costs, and expanding the provision of private transportation
service in Orange County.
B. Mutually adopt OCTAP Regulations to govern the administration of taxi
service within the City.
SECTION 2. City's Obligations. The City agrees to;
A. Participate as a Member of OCTAP effective upon the effective date of an
ordinance adopting a taxi administration program.
B. Appoint the City Manager or his/her designee to be a member of the OCTAP
Steering Committee and the City's Chief of Police or his/her designee to serve
on the OCTAP Public Safety Committee.
C. Adopt and enforce a City taxi cab ordinance and regulations consistent with
466
OCTAP Regulations, and use such ordinance as the exclusive method of
regulating taxi cabs within the City.
D. Enforce and if necessary prosecute all violations of the City's taxi cab
ordinance and regulations.
SECTION 3. OCTA's Obligations. The OCTA agrees to:
A. Provide staff and administrative services necessary to implement and enforce
the OCTAP regulations.
B. Collect license and permit fees to offset administrative costs.
SECTION 4. Indemnification.
To the fullest extent permitted by law, OCTA and City agree to save, indemnify, defend and
hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses, or any injury or damage of any
kinds whatsoever, whether actual, alleged or threatened, actual attorney fees, court costs, interest,
defense costs and expenses associated therewith including the use of experts, and any other costs of
any nature without restriction incurred in relation to, as a consequence or, or arising out of, the
performance of this agreement, and attributable to the fault of the other. Following a determination
of the percentage of fault and or liability by agreement between the parties or a court of competent
jurisdiction, the party responsible for liability to the other will indemnify the other party to this
Agreement for the percentage of liability determined as set forth in this section.
SECTION 5. Assig_nrnent.
The expertise and experience of OCTA are material considerations for this Agreement. The
City has an interest in the qualifications of and capability of the persons and entities who will fulfill
the duties and obligations imposed upon OCTA under this Agreement. In recognition of that interest,
OCTA shall not assign or transfer any portion of this Agreement of the performance of any of
OCTA's duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach
of this Agreement entitling City to any and all remedies at law or in equity, including summary
termination of this Agreement.
SECTION 6. Termination of Agreement.
Either party may terminate this Agreement, with or without cause, at any time by giving
twelve (12) months written notice to the other party.
UWA
SECTION 7. Miscellaneous.
(a) Notices. All notices which any party is required or desires to give hereunder
shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing
by registered or certified mail (return receipt requested) to the following address or at such other
address as the parties may from time to time designate by written notice in the aforesaid manner.
To CITY: City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
Tel: (949) 443-6317
FAX: (949) 493-1053
To OCTA: Chief Executive Officer
OCTA
550 South Main Street
P.O. Box 14184
Orange, CA. 92863
Tel: (714) 560-5584
FAX: (714) 560-5790
(b) Authority to Execute. The person or persons executing this Agreement on
behalf of OCTA warrants and represents that he/she/they has/have the authority to execute this
Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they
has/have the authority to bind OCTA to the performance of its obligations hereunder.
(c) Binding Effect. This Agreement shall be binding upon and inure to the benefit
of each party to this Agreement and their respective heirs, administrators, representatives, successors
and assigns.
(d) Amendment. The terms and provisions of this Agreement may not be
amended, modified or waived, except by an instrument in writing signed by the parties.
(e) Waiver. Waiver by any party to this Agreement of any term, condition, or
covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver
of any other provision, nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by the City of any work or services by OCTA shall not constitute a waiver
of any of the provisions of this Agreement.
Iroil
(f) Law to Govern Venue. This Agreement shall be interpreted, construed and
governed according to the laws of the State of California. In the event of litigation between the
parties, venue in state trial courts shall lie exclusively in the County of Orange.
(g) No Presumption in Drafting. The parties to this Agreement agree that the
general rule that an Agreement is to be interpreted against the party drafting it or causing it to be
prepared shall not apply.
(h) Attorneys' Fees Costs and Expenses. In the event litigation or other
proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party
in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs
and expenses, in addition to any other relief to which it may be entitled.
(i) Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes all prior or contemporaneous
agreements, whether written or oral, with respect thereto.
0) Severability. If any term, provision, condition or covenant of this Agreement
is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable,
the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
(k) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which taken together shall constitute but
one and the same instrument, provided, however, that such counterparts shall have been delivered
to both parties to this Agreement.
El
IN WITNESS WHEREOF, the City and OCTA have executed this Agreement this day
of 11999.
ORANGE COUNTY TRANSPORTATION
AUTHORITY
OCTA Chief Executive Officer
CITY OF SAN JUAN CAPISTRANO
John Greiner, Mayor
ATTEST:
Cheryl Johnson, City C:erk
ME