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Ordinance Number 1069ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING AND RESTATING CHAPTER 5 OF TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO TAXICAB REGULATIONS WHEREAS, pursuant to Government Code section 53075.5, as amended by Assembly Bill 1069, cities such as the City of San Juan Capistrano ("City") are required to protect the public health, safety, and welfare by regulating taxicab transportation services that are substantially located within their jurisdiction; and WHEREAS, Section 53075.5 also authorizes cities to enter into an agreement with a transit agency to regulate the taxicab companies and taxicab drivers that are substantially located within the member cities' jurisdiction; and WHEREAS, the City participates in the Orange County Taxi Administration Program ("OCTAP"), which is administered by the Orange County Transportation Authority ("OCTA"). OCTAP regulates taxicab transportation services on behalf of member cities; and WHEREAS, in November 2018, the City, along with a number of other Orange County cities, entered into a Cooperative Agreement with OCTA and the County of Orange to authorize OCTA to continue to provide administrative services to member agencies for the permitting and regulation of taxicabs in the County; and WHEREAS, in February 2019, the OCTAP steering committee approved revised taxicab transportation service regulations, and in March 2019, OCTA adopted updated fees and fines schedules related to taxicab transportation service permits and violations, respectively; and WHEREAS, the City Council wishes to make amendments to its taxicab regulations in compliance with Section 53075.5; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2.The City Council hereby finds and determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) (California Public Resources Code § 21000 et seq.) because it does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and also constitutes continuing administrative 01069 activities relating to taxicabs. (State CEQA Guidelines, § 15378(a), (b)(2).) Further, even if the adoption of this Ordinance were to constitute a project for purposes of CEQA, it is exempt pursuant to State CEQA Guidelines section 15061(b)(3), on grounds it can be seen with certainty that the adoption of the regulations will not result in causing a significant effect on the environment. SECTION 3. San Juan Capistrano Municipal Code, Chapter 3, Taxicab Regulations, of Title 4, Public Safety, is hereby amended in its entirety and restated to read as follows: "TITLE 4 PUBIC SAFETY CHAPTER 5. TAXICAB REGULATIONS Sec. 4-5.01. Definitions. Sec. 4-5.02. City authorization required. Sec. 4-5.03. Driver's permit required. Sec. 4-5.04. Taxicab vehicle permit required. Sec. 4-5.05. Taxicab business permit required. Sec. 4-5.06. Limitation of Authority. Sec. 4-5.07. Collection of Data. Sec. 4-5.08. Application for permits. Sec. 4-5.09. Testing for controlled substances and alcohol. Sec. 4-5.10. Insurance required. Sec. 4-5.11. Nontransferability. Sec. 4-5.12. Equipment. Sec. 4-5.13. Mechanical condition. Sec. 4-5.14. Operational requirements. Sec. 4-5.15. Rates and charges. Sec. 4-5.16. Enforcement of Violations. Sec. 4-5.17. Separate from business licensing. Sec. 4-5.01. Definitions. For purposes of this chapter, the words and terms set forth below shall be construed in accordance with the following definitions: (a) "City" shall mean the City of San Juan Capistrano. (b) "City authorization" shall mean City authorization to operate a taxicab business in the City. (c) "Driver" shall mean person who drives or controls the movements of a taxicab. (d) "Driver's permit" shall mean a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab. (e) "OCTAP" shall mean the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. (f) "Operate a taxicab" shall mean to drive a taxicab and either solicit or pick up passengers for hire in the City. 2 01069 (g) "Owner" shall mean the registered owner or lessor of a taxicab. (h) "Person" shall include natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. (i) "Prearranged trip" means a trip using an online enabled application, dispatch, or Internet Web site. 0) "Substantially located" means that the taxicab business meets either of the following: (1) has its primary business address within the City; or (2) the total number of prearranged and nonprearranged trips that originate within the City account for the largest share of the taxicab company's total number of trips within the County of Orange in the previous calendar year, as determined annually. A taxicab business may be substantially located in more than one jurisdiction. (k) "Taxicab" shall mean a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight (8) 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. (1) "Taxicab business permit" shall mean a valid permit issued by OCTAP authorizing a person to operate a taxicab business. (m) "Taxicab vehicle permit" shall mean a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab. Sec. 4-5.02. City authorization required. (a) A person shall operate a taxicab only if the owner of that taxicab is u authorized by OCTAP to operate a taxicab business. (b) An owner shall allow a taxicab owned by or under the control of the owner to be operated only if the owner is authorized by OCTAP to operate a taxicab business. (c) The procedures for City authorization to operate a taxicab business in the City shall be established by separate resolution of the City Council. Sec. 4-5.03. Driver's permit required. A person shall operate a taxicab only if that person possesses a driver's permit and City authorization has been granted. An owner shall allow a driver to operate a taxicab owned by or under the control of the owner only if that driver possesses a driver's permit and City authorization has been granted. Sec. 4-5.04. Taxicab vehicle permit required. A person shall operate a taxicab only if that vehicle displays a taxicab vehicle permit and if City authorization has been granted. An owner shall allow a taxicab owned by or under the control of the owner to be operated in the City only if that vehicle displays a taxicab vehicle permit and if City authorization has been granted. Sec. 4-5.05. Taxicab business permit required. A person shall operate a taxicab business in the City only if that person possesses a taxicab business permit and if City authorization has been granted. 3 01069 Sec. 4-5.06. Limitation of Authority. Notwithstanding the foregoing, a person shall only be required to obtain a permit under this Chapter if the taxicab business or driver is substantially located within the City. Taxicab businesses and drivers operating in the City shall comply with all other operational regulations in this Chapter regardless of whether the taxicab business is substantially located within the City, including without limitation, the applicable standards in sections 4-5.09 through 4-5.15. Sec. 4-5.07. Collection of Data. Taxicab businesses and drivers shall collect data that demonstrates the total number of prearranged and nonprearranged trips and their origination to determine where that taxicab business and driver are substantially located. The trip data collected in the previous 12 months shall be provided upon the permit date of renewal to the City if the taxicab business or driver is substantially located in the City. If a taxicab business or driver changes from being substantially located in another jurisdiction to being substantially located in the City, the taxicab business or driver shall provide the City with written notice within thirty (30) days of making that change. Sec. 4-5.08. Application for permits. Application for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made to the OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by the Orange County Transportation Authority, Sec. 4-5.09. Testing for controlled substances and alcohol. Each driver shall test negative for controlled substances and alcohol as required by any and all applicable state and federal statutes. Sec. 4-5.10. Insurance required. Each driver operating a taxicab in the City shall at all times carry proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted by resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered. Sec. 4-5.11. Nontransferability. No permit issued under this chapter shall be used by or assigned to any person or vehicle other than the person or vehicle named in such permit. Sec. 4-5.12. Equipment. A taxicab operated under the authority of this chapter shall be equipped according to the standards established by OCTAP and adopted by resolution of the City Council. 4 01069 Sec. 4-5.13. Mechanical condition. A taxicab operated under the authority of this chapter shall be maintained according to the standards established by OCTAP and adopted by resolution of the City Council. Sec. 4-5.14. Operational requirements. (a) Each driver shall carry each passenger to his/her destination by only the most direct and accessible route. (b) Each taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by resolution of the City Council. (c) Each taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by resolution of the City Council: (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) Each driver shall give a receipt for the amount charged upon the request of the person paying the fare. (e) Each taxicab shall be operated only 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 resolution of the City Council. Sec. 4-5.15. Rates and charges. No driver shall charge rates or charges other than those established by OCTAP and adopted by resolution of the City Council. Sec. 4-5.16. Enforcement of Violations. Violations of this chapter may be enforced through criminal, civil, or administrative action or a combination thereof. The amount of administrative fines associated with violations of this chapter shall be established by OCTAP and adopted by resolution of the City Council. Sec. 4-5.17. Separate from business licensing. The requirements of this chapter are separate and independent from all other provisions of this Code, including, but not limited to, those provisions related to business licensing." 5 01069 SECTION 4.If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Juan Capistrano, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933. SECTION 6. The City Council hereby directs staff to prepare, execute and file a Notice of Exemption with the Orange County Clerk within five working days after the passage and adoption of this Ordinance. SECTION 7.The record of proceedings relating to this Ordinance are located at City Hall 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The custodian of records is the City Clerk. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Juan Capistrano this 4'" day of June 2019. ,BRrAf4 L. ARYOTT, MAYOR ATTEST: i MARIA MOk,is, Cl CLERK 6 01069 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1069 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 21St day of May 2019 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 4th day of June 2019 by the following vote, to wit: MEMBERS: Reeve, Farias, Bourne, and Mayor Maryott MEMBERS: None MEMBERS: Taylor , CITY C STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: AFFIDAVIT OF POSTING That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 22nd day of May 2019, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL qF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING AND RESTATINq CHAPT R 5 OF TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICI ALAC E RELATING TO TAXICAB REGULATIONS This document was posted in the Office of the City C MARIA M San Juan f CLERK California 7 01069 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 5'" day of June, I caused to be posted a certified copy of Ordinance No. 1069, adopted by the City Council on June 4, 2019, entitled: AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING AND RESTATING CHAPTER 5 OF TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPA CODE RELATING TO TAXICAB REGULATIONS This document was posted in the Office of the City Clerk MARIA MORRIS, CITY San Juan Capistrano, C 8 01069