HomeMy WebLinkAbout06 - Orange County Taxi Administration Program (OCTAP) and Acceptance of OCTAP RegulationsQ SEW Pp�T
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c�<,FORN'P City Council Staff Report
February 26, 2019
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dan Matusiewicz, Finance Director - 949-644-3123,
dmatusiewicz@newportbeachca.gov
PREPARED BY: Monique Navarrete, License Supervisor,
mnavarrete(c)_newportbeachca.gov
PHONE: 949-644-3148
TITLE: Cooperative Agreement for the Administration of the Orange County
Taxi Administration Program (OCTAP) and Acceptance of OCTAP
Regulations
ABSTRACT:
The recent passage of taxi regulation legislation AB 1069 (Chapter 753, Statutes of 2017)
and AB 939 (Chapter 472, Statutes of 2018) requires changes to both the administration
of taxicabs as well as how cities regulate them within their own jurisdiction.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Authorize City Manager to execute Cooperative Agreement No. C-8-2015 with Orange
County Transportation Authority for the administration of the Orange County Taxi
Administration Program (OCTAP), effective January 1, 2019, through December 31,
2020; and
c) Adopt Resolution No. 2019-18, A Resolution of the City Council of the City of Newport
Beach, California, Adopting Orange County Taxi Administration Program Regulations.
FUNDING REQUIREMENTS:
The current adopted budget includes $2,556.85 for the City's share of the OCTAP
administration cost for the remainder of the fiscal year. Future costs will be budgeted and
will be expensed to the Professional Services account in the Finance Department,
0103031-811008.
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Cooperative Agreement for the Administration of the Orange County
Taxi Administration Program (OCTAP); Acceptance of OCTAP Regulations
February 26, 2019
Page 2
BACKGROUND
The Orange County Transportation Authority (OCTA) has administered the Orange
County Taxi Administration Program (OCTAP) on behalf of Orange County cities and the
County of Orange since 1998. At that time, OCTAP was created to consolidate the
licensing, application, and administrative functions to assist the cities and the County of
Orange (member agencies) in meeting their statutory requirements. Since its inception,
OCTAP was designed to be funded entirely through permit and license fees collected
from taxi operators and drivers. With the arrival of transportation network companies
(TNC's), such as Uber, Lyft, and others, the marketplace has greatly reduced the number
of taxi permits in the county, which, in turn, has reduced revenues and thereby created a
financially unsustainable condition for OCTAP. Given that costs to administer OCTAP
continued to exceed revenues, in May 2017, the Orange County City Managers
Association (OCCMA) recommended that member agencies cover the shortfall in funding
for OCTAP administration. Most cities, including Newport Beach, agreed to fund the
program from July 1, 2018 — December 31, 2018.
DISCUSSION:
All cities and the County of Orange have historically been required by Government Code
to regulate taxicabs. Under AB 1069; however, only those certain cities and counties
where taxicabs are "substantially located" are permitted to regulate taxicabs, unless the
cities form a joint powers authority or enter into an agreement with a transit agency for
administering or regulating taxicabs.
Following further discussions between OCTA, OCCMA, and OCTAP stakeholders, the
OCCMA queried all OCTAP member agencies, who then unanimously agreed to request
that OCTA continue to administer OCTAP beginning January 1, 2019, for an initial term
of two years. The term may be extended upon agreement among the parties. Because
revenues from taxi permit fees continue to decline, cities are required to offset the cost of
administering the program. Estimated costs for all participating agencies were agreed
upon using a population -based cost-sharing model, included as Attachment A. The City
of Newport Beach's cost is estimated at $13,287.15 in total for the two years.
There is a strong desire in the taxi industry to level the playing field with TNCs in terms of
regulations; however, taxis are regulated under different state laws compared to TNCs
and therefore, are governed by different requirements. The revised regulations reflect the
pared down requirements — for example, random inspections and vehicle body condition
requirements have been eliminated.
There is also a strong desire by OCTAP member agencies to reduce or eliminate outside
costs to support the program. It may be possible within the two-year period that greater
efficiencies can be achieved, thus potentially lowering or eliminating costs to member
agencies. With fewer regulatory requirements, OCTAP may be able to decrease the
number of personnel needed to administer the program. As the industry continues to
evolve, staff anticipates a review of the agreement and of the process in two years.
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Cooperative Agreement for the Administration of the Orange County
Taxi Administration Program (OCTAP); Acceptance of OCTAP Regulations
February 26, 2019
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— OCTAP City Contribution Estimates
Attachment B
— Cooperative Agreement C-8-2015
Attachment C
— OCTAP Regulations
Attachment D
— Resolution No. 2019-18
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ATTACHMENT A
Orange County Taxi Administration Program (OCTAP) City Contribution
2 Year Estimate
OCTA Jan 2019 - Jun 2021
City
FY 2018-19
(2nd Half)
FY 2019-20
(1st Half)
(2nd Half)
FY 2020-21
(1st Half)
Total Costs
(2 Years)
Aliso Viejo
$
1,523.58
$ 2,467.63
$
1,200.02
$
2,726.32
$
7,917.54
Anaheim
$
10,472.46
$ 16,961.49
$
8,248.49
$
18,739.67
$
54,422.11
Brea
$
1,316.52
$ 2,132.28
$
1,036.94
$
2,355.81
$
6,841.55
Buena Park
$
2,463.38
$ 3,989.76
$
1,940.25
$
4,408.03
$
12,801.43
Costa Mesa
$
3,381.37
$ 5,476.56
$
2,663.29
$
6,050.70
$
17,571.92
Cypress
$
1,465.74
$ 2,373.96
$
1,154.47
$
2,622.83
$
7,617.00
Dana Point
$
999.23
$ 1,618.37
$
787.03
$
1,788.04
$
5,192.66
Fountain Valley
$
1,669.33
$ 2,703.70
$
1,314.83
$
2,987.15
$
8,675.01
Fulleton
$
4,229.47
$ 6,850.17
$
3,331.28
$
7,568.31
$
21,979.23
Garden Grove
$
5,187.96
$ 8,402.56
$
4,086.22
$
9,283.45
$
26,960.19
Huntington Beach
$
5,943.21
$ 9,625.78
$
4,681.08
$
10,634.91
$
30,884.98
Irvine
$
8,099.62
$ 13,118.36
$
6,379.55
$
14,493.64
$
42,091.16
Laguna Beach
$
683.60
$ 1,107.18
$
538.43
$
1,223.25
$
3,552.46
Laguna Hills
$
933.15
$ 1,511.36
$
734.98
$
1,669.80
$
4,849.29
Laguna Niguel
$
1,917.36
$ 3,105.41
$
1,510.18
$
3,430.97
$
9,963.91
Laguna Woods
$
486.75
$ 788.36
$
383.38
$
871.01
$
2,529.50
La Habra
$
1,843.25
$ 2,985.38
$
1,451.81
$
3,298.35
$
9,578.78
Lake Forest
$
2,488.31
$ 4,030.14
$
1,959.88
$
4,452.64
$
12,930.97
Mission Viejo
$
2,815.93
$ 4,560.76
$
2,217.93
$
5,038.89
$
14,633.51
La Palma
$
467.72
$ 757.53
$
368.39
$
836.95
$
2,430.59
Los Alamitos
$
347.91
$ 563.49
$
274.03
$
622.57
$
1,808.00
Newport Beach
$
2,556.85
$ 4,141.15
$
2,013.87
$
4,575.29
$
13,287.15
Orange
$
4,162.84
$ 6,742.25
$
3,278.80
$
7,449.08
$
21,632.96
Placentia
$
1,547.18
$ 2,505.86
$
1,218.62
$
2,768.57
$
8,040.23
Rancho Santa Margarita
$
1,446.71
$ 2,343.13
$
1,139.48
$
2,588.77
$
7,518.09
San Clemente
$
1,922.23
$ 3,113.29
$
1,514.02
$
3,439.68
$
9,989.21
San Juan Capistrano
$
1,078.06
$ 1,746.05
$
849.12
$
1,929.10
$
5,602.33
Santa Ana
$
9,920.02
$ 16,066.74
$
7,813.36
$
17,751.11
$
51,551.22
Seal Beach
$
762.05
$ 1,234.24
$
600.22
$
1,363.63
$
3,960.14
Stanton
$
1,157.57
$ 1,874.83
$
911.74
$
2,071.37
$
6,015.51
Tustin
$
2,414.96
$ 3,911.34
$
1,902.11
$
4,321.39
$
12,549.80
Villa Park
$
174.53
$ 282.67
$
137.47
$
312.31
$
906.97
Westminster
$
2,770.77
$ 4,487.61
$
2,182.35
$
4,958.07
$
14,398.81
Yorba Linda
$
2,027.16
$ 3,283.25
$
1,596.67
$
3,627.45
$
10,534.53
County of Orange (includes JWA)
$
7,781.23
$ 12,602.70
$
6,128.78
$
13,923.92
$
40,436.63
TOTALS
$
98,458.00
$ 159,465.33
$
77,549.04
$
176,183.00
$
511,655.37
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ATTACHMENT B
1 COOPERATIVE AGREEMENT NO. C-8-2015
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 THE CITIES OF ALISO VIEJO, ANAHEIM, BREA, BUENA PARK, COSTA MESA, CYPRESS, DANA
6 POINT, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE, HUNTINGTON BEACH, IRVINE,
7 LAGUNA BEACH, LAGUNA HILLS, LAGUNA NIGUEL, LAGUNA WOODS, LA HABRA, LAKE
8 FOREST, MISSION VIEJO, LA PALMA, LOS ALAMITOS, NEWPORT BEACH, ORANGE,
9 PLACENTIA, RANCHO SANTA MARGARITA, SAN CLEMENTE, SAN JUAN CAPISTRANO,
10 SANTA ANA, SEAL BEACH, STANTON, TUSTIN, VILLA PARK, WESTMINSTER, YORBA LINDA,
11 AND THE COUNTY OF ORANGE
12
13 THIS COOPERATIVE AGREEMENT (Agreement), is effective this 1st day of January, 2019, by
14 and between the Orange County Transportation Authority (hereinafter referred to as "AUTHORITY") and
15 the Cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley,
16 Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna
17 Woods, La Habra, Lake Forest, Mission Viejo, La Palma, Los Alamitos, Newport Beach, Orange,
18 Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach,
19 Stanton, Tustin, Villa Park, Westminster, Yorba Linda, and the County of Orange (each individually
20 referred to as "MEMBER AGENCY" and collectively as "MEMBER AGENCIES.") The foregoing
21 MEMBER AGENCIES and AUTHORITY may each hereinafter also be referred to singularly as a "Party"
22 and collectively as "Parties".
23 /
24 /
25 /
26 I
Last Rev 3/612018
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AGREEMENT NO. C-8-2015
RECITALS:
WHEREAS, pursuant to Government Code Section 53075.5, cities and counties are required to
protect the public health, safety, and welfare in regard to taxicab transportation service within their
jurisdictions.
WHEREAS, Government Code Section 53075.5 permits a city or county to enter into an
agreement with a transit agency for the purpose of administering taxicab permits on behalf of said city or
county.
WHEREAS, the Orange County Taxi Administration Program ("OCTAP") is a voluntary
association of MEMBER AGENCIES which have delegated the issuance of taxicab permits and other
administrative functions to AUTHORITY.
WHEREAS, AUTHORITY has agreed to provide administrative services on behalf of MEMBER
AGENCIES for the permitting of taxicabs in Orange County.
WHEREAS, MEMBER AGENCIES have agreed to participate in OCTAP in order to increase
public safety, reduce administrative costs, and expand the provision of private transportation service in
Orange County.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and MEMBER
AGENCIES as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
Agreement between AUTHORITY and MEMBER AGENCIES and it supersedes all prior representations,
understandings, and communications. The invalidity in whole or in part of any term or condition of this
Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The above
referenced Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY's failure to insist on any instance(s) of MEMBER AGENCIES' performance of
any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and
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AGREEMENT NO. C-8-2015
MEMBER AGENCIES' obligation in respect thereto shall continue in full force and effect. Changes to
any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
in writing by an authorized representative of AUTHORITY by way of a written amendment to this
Agreement and issued in accordance with the provisions of this Agreement.
C. MEMBER AGENCIES' failure to insist on any instance(s) of AUTHORITY's performance of
any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
MEMBER AGENCIES' right to such performance or to future performance of such term(s) or condition(s),
and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon MEMBER AGENCIES except when specifically
confirmed in writing by authorized representatives of MEMBER AGENCIES by way of a written
amendment to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
administration of OCTAP. Both AUTHORITY and MEMBER AGENCIES agree that each will cooperate
and coordinate with the other in all activities covered by this Agreement and any other supplemental
agreements that may be required to facilitate purposes thereof. The Parties agree to work diligently
together and in good faith, using their reasonable best efforts in the performance of this Agreement.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities:
A. AUTHORITY will provide staffing and administrative services necessary to implement the
OCTAP Regulations.
B. AUTHORITY will collect permit fees for taxicab companies, drivers, and vehicles, as
appropriate, to offset administrative costs.
ARTICLE 4. RESPONSIBILITIES OF MEMBER AGENCIES
MEMBER AGENCIES agree to the following responsibilities:
A. MEMBER AGENCIES will appoint an OCTAP Steering Committee. The OCTAP Steering
Committee is responsible for creating OCTAP Regulations that define the requirements for permitting
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AGREEMENT NO. C-8-2015
taxicabs in Orange County and establish minimum safety and service standards for the operation of
taxicabs. The OCTAP Steering Committee shall advise AUTHORITY on matters including the OCTAP
Regulations, the policies and procedures governing the issuance of taxicab permits, and public safety
issues in Orange County.
B. Each MEMBER AGENCY shall adopt the OCTAP Regulations into its Municipal Code, by
ordinance or other appropriate means, and shall provide notice thereof to AUTHORITY. Each MEMBER
AGENCY shall use such ordinance and any applicable state laws to enforce the OCTAP Regulations and
regulate taxicabs within the MEMBER AGENCY's jurisdiction. Each MEMBER AGENCY shall be
responsible for enforcement of all violations of its taxicab ordinance and the OCTAP Regulations
occurring within its jurisdiction and shall endeavor to notify AUTHORITY of such occurrences.
ARTICLE 5. LEGAL RESPONSIBILITY FOR TAXICAB REGULATION
MEMBER AGENCIES acknowledge and agree that AUTHORITY does not possess police power
and therefore is providing administrative services on behalf of MEMBER AGENCIES. MEMBER
AGENCIES shall retain all responsibility for taxicab regulation and enforcement within their respective
jurisdictions in accordance with state law. AUTHORITY does not assume any responsibility or liability for
the regulation or enforcement of MEMBER AGENCY ordinances, MEMBER AGENCIES' compliance
with state law, or for the performance of taxicab operators, vehicles, or drivers. MEMBER AGENCIES
acknowledge and agree that OCTAP is not a separate legal entity that can sue or be sued.
ARTICLE 6. DELEGATED AUTHORITY
To ensure prompt and continued cooperation and coordination between the Parties, the Parties
agree to each designate, identify and authorize a responsible individual to act on behalf of and as the
lead for the Party and to perform any tasks needed as part of this Agreement. The actions required to
be taken by each MEMBER AGENCY in the implementation of this Agreement are delegated to its City
Manager, or designee, and the actions required to be taken by AUTHORITY in the implementation of this
Agreement are delegated to AUTHORITY's Chief Executive Officer or designee.
ARTICLE 7. PAYMENT
A. Each MEMBER AGENCY agrees to pay AUTHORITY in an amount equal to its pro rata share
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of AUTHORITY's costs to administer OCTAP, as shown in Exhibit A. Each MEMBER AGENCY agrees
to pay its pro rata share to AUTHORITY in full, in six (6) month intervals, or as otherwise mutually agreed
upon in writing by AUTHORITY and MEMBER AGENCY. Upon execution of this Agreement, each
MEMBER AGENCY shall submit an initial payment to AUTHORITY consistent with this Article.
B. Failure by any MEMBER AGENCY to timely provide payment in accordance with this Article
is considered a default of the Agreement by MEMBER AGENCY and shall result in termination of the
Agreement for MEMBER AGENCY, pursuant to Article 10. AUTHORITY will not administer OCTAP on
behalf of any terminated MEMBER AGENCY.
C. Upon expiration or termination of this Agreement, AUTHORITY will perform a final accounting
of all OCTAP expenses and shall submit a reasonably detailed accounting summary to MEMBER
AGENCIES. If the total expenses are less than the total combined contributions by MEMBER AGENCIES
and other related OCTAP revenues, AUTHORITY will refund each MEMBER AGENCY its pro rata share
of unspent funds. If the total expenses are greater than the total combined contributions by MEMBER
AGENCIES and other related OCTAP revenues, AUTHORITY will invoice each MEMBER AGENCY for
its pro rata share, which shall be timely paid by each MEMBER AGENCY.
ARTICLE 8. AUDIT AND INSPECTION
AUTHORITY and MEMBER AGENCIES shall maintain a complete set of records in accordance
with generally accepted accounting principles. Upon reasonable notice, MEMBER AGENCIES shall
permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll,
books, accounts, and other data and records of MEMBER AGENCIES for a period of four (4) years after
final payment, or until any on-going audit is completed. For purposes of audit, the date of completion of
this Agreement shall be the date of MEMBER AGENCIES' payment of AUTHORITY's final billing (so
noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such
books, records, and accounts. The above provision with respect to audits shall extend to and/or be
included in contracts with MEMBER AGENCIES' contractor.
ARTICLE 9. INDEMNIFICATION
A. To the fullest extent permitted by law, MEMBER AGENCIES shall defend (at MEMBER
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AGREEMENT NO. C-8-2015
AGENCIES' sole cost and expense with legal counsel reasonably acceptable to AUTHORITY),
indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents
(collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims,
demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
limited to Claims arising from injuries to or death of persons (MEMBER AGENCIES' employees included),
for damage to property, including property owned by AUTHORITY, or from any violation of any federal,
state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of MEMBER
AGENCIES, their officers, directors, employees or agents in connection with or arising out of the
performance of this Agreement.
B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost
and expense with legal counsel reasonably acceptable to MEMBER AGENCIES), indemnify, protect, and
hold harmless MEMBER AGENCIES, their officers, directors, employees, and agents (collectively the
"Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses,
costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising
from injuries to or death of persons (AUTHORITY's employees included), for damage to property,
including property owned by MEMBER AGENCIES, or from any violation of any federal, state, or local
law or ordinance, by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers,
directors, employees or agents in connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its expiration or
termination.
ARTICLE 10. ADDITIONAL PROVISIONS
A. Term of Aqreement: This Agreement shall be effective on January 1, 2019 and shall remain
in full force and effect for two (2) years through December 31, 2020.
B. Termination: In the event either Party defaults in the performance of their obligations under
this Agreement or breaches any of the provisions of this Agreement, the non -defaulting Party shall have
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the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party.
C. Termination for Convenience: Any Party may terminate this Agreement for its convenience
by providing six (6) months' prior written notice of its intent to terminate for convenience to the other
Parties. If any MEMBER AGENCY terminates its participation in this Agreement prior to the Agreement's
expiration, AUTHORITY shall refund to MEMBER AGENCY its pro rata contribution of unspent funds, as
determined by AUTHORITY, as of the effective date of the MEMBER AGENCY's termination.
D. AUTHORITY and MEMBER AGENCIES shall comply with all applicable federal, state, and
local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over
OCTAP.
E. Legal Authority: AUTHORITY and MEMBER AGENCIES hereto consent that they are
authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement,
the Parties hereto are formally bound to the provisions of this Agreement.
F. Severability: If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
G. Counterparts of Agreement: This Agreement may be executed and delivered in any number
of counterparts, each of which, when executed and delivered shall be deemed an original and all of which
together shall constitute the same agreement. Facsimile signatures will be permitted.
H. Force Majeure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government; national
fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause
is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
the control and is not due to the fault or negligence of the Party not performing.
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I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party without the prior written consent
of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
void and of no force and effect. Consent to one assignment shall not be deemed consent to any
subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
J. Governing Law: The laws of the State of California and applicable local and federal laws,
regulations and guidelines shall govern this Agreement.
K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the
court shall award costs and expenses, including attorney's fees, to the prevailing party.
L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
Agreement shall be deemed given when mailed to them, first class, postage prepaid, or faxed to the
address set out by their signatures.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-8-2015 to be
executed on the date first written above.
ORANGE COUNTY TRANSPORTATION AUTHORITY
NOTICE TO AUTHORITY TO BE GIVEN TO:
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584 By:
Attention: Carla Shaffer
Senior Contract Administrator
Tel: (714) 560-5884
E-mail: cshaffer@octa.net
Darrell E. Johnson
Chief Executive Officer
Jennifer L. Bergener
Chief Operating Officer, Operations
Page 8 of 43
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CITY OF ANAHEIM
Dated: By:
Chris Zapata
City Manager
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Chris Zapata
200 South Anaheim Boulevard
Anaheim, California 92805
Email: czapata@anaheim.net
Phone: (714) 765-5162
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
Page 10 of 43
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CITY OF BREA
Dated: By:
Bill Gallardo
City Manager
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Bill Gallardo
1 Civic Center Circle
Brea, California 92821
Email: billga@cityofbrea.net
Phone: (714) 990-7710
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
Page 11 of 43
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AGREEMENT NO. C-8-2015
CITY OF BUENA PARK
Dated: By:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. James B. Vanderpool
6650 Beach Boulevard
Buena Park, Califomia 90621
Email: jvanderpool@buenapark.com
Phone: (714) 562-3551
APPROVED AS TO FORM
City Attorney
James B. Vanderpool
City Manager
Page 12 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Tom Hatch
77 Fair Drive
Costa Mesa, California 92626
Email: thatch@costamesaca.gov
Phone: (714) 7545328
-UV illilMAR
City Attorney
AGREEMENT NO. C-8-2015
CITY OF COSTA MESA
By:
Tom Hatch
City Manager
Page 13 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Peter Grant
5275 Orange Avenue
Cypress, California 90630
Email: pgrant@ci.cypress.ca.us
Phone: (714) 229-6688
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF CYPRESS
By:
Peter Grant
City Manager
Page 14 of 43
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AGREEMENT NO. C-8-2015
CITY OF DANA POINT
Dated: Bv:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Mark Denny
33282 Golden Lantern, Suite 203
Dana Point, California 92629
Email: mdenny@danapoint.org
Phone: (949) 248-3524
APPROVED AS TO FORM:
City Attorney
Mark Denny
City Manager
Page 15 of 43
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AGREEMENT NO. C-8-2015
CITY OF FOUNTAIN VALLEY
Dated: By:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Robert Houston
10200 Slater Avenue
Fountain Valley, Califomia 92708
Email: rob.houston@fountainvalley.org
Phone: (714) 593-4412
APPROVED AS TO FORM:
City Attorney
Robert Houston
City Manager
Page 16 of 43
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AGREEMENT NO. C-8-2015
CITY OF FULLERTON
Dated: BY:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Ken Domer
303 West Commonwealth Avenue
Fullerton, California 92832
Email: KDomer@cityoffullerton.com
Phone: (714) 738-6310
APPROVED AS TO FORM
City Attorney
Ken Domer
City Manager
Page 17 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Scott C. Stiles
11222 Acacia Parkway
Garden Grove, California 92840
Email: sstiles@ci.garden-grove.ca.us
Phone: (714) 741-5100
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF GARDEN GROVE
By:
Scott C. Stiles
City Manager
Page 18 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Fred Wilson
2000 Main Street
Huntington Beach, California 92648
Email: fred_wilson@surfcity-hb.org
Phone: (714) 536-5575
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF HUNTINGTON BEACH
By.-
Fred
y:Fred Wilson
City Manager
Page 19 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. John A. Russo
1 Civic Center Plaza
Irvine, California 92606
Email: jrusso@cityofirvine.org
Phone: (949) 724-6246
APPROVED AS TO FORM:
City Attorney
CITY OF IRVINE
By:
John A. Russo
City Manager
AGREEMENT NO. C-8-2015
Page 20 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. John Pietig
505 Forest Avenue
Laguna Beach, California 92651
Email: jpietig@lagunabeachcity.net
Phone: (949) 497-0704
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF LAGUNA BEACH
By:
John Pietig
City Manager
Page 21 of 43
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AGREEMENT NO. C-8-2015
CITY OF LAGUNA HILLS
Dated: Bv:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Donald J. White
24035 EI Toro Road
Laguna Hills, California 92653
Email: dwhite@lagunahilisca.gov
Phone: (949) 707-2620
APPROVED AS TO FORM:
City Attorney
Donald J. White
City Manager
Page 22 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Ms. Kristine Ridge
30111 Crown Valley Parkway
Laguna Niguel, California 92677
Email: kridge@cityoflagunaniguel.org
Phone: (949) 362-4300
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF LAGUNA NIGUEL
By:
Kristine Ridge
City Manager
Page 23 of 43
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AGREEMENT NO. C-8-2015
CITY OF LAGUNA WOODS
Dated: By:
Christopher Macon
City Manager
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Christopher Macon
24264 EI Toro Road
Laguna Woods, California 92637
Email: cmacon@lagunawoodscity.org
Phone: (949) 639-0525
APPROVED AS TO FORM:
City Attorney
Page 24 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Jim Sadro
201 East La Habra Boulevard
La Habra, California 90631
Email: jsadro@lahabraca.gov
Phone: (562) 905-9701
APPROVED AS TO FORM:
City Attorney
CITY OF LA HABRA
BY:
Jim Sadro
City Manager
AGREEMENT NO. C-8-2015
Page 25 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Ms. Debra D. Rose
25550 Commerce Center Drive, Suite 100
Lake Forest, California 92630
Email: DRose@lakeforestca.gov
Phone: (949) 461-3412
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF LAKE FOREST
By:
Debra D. Rose
City Manager
Page 26 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO
City Manager
Mr. Dennis Wilberg
200 Civic Center
Mission Viejo, California 92691
Email: dwilberg@cityofmissionviejo.org
Phone: (949) 470-3051
I_1��:Z�1►�I�����i1�i : u
City Attorney
AGREEMENT NO. C-8-2015
CITY OF MISSION VIEJO
By:
Dennis Wilberg
City Manager
Page 27 of 43
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CITY OF LA PALMA
Dated: By:
Laurie A. Murray
City Manager
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Ms. Laurie A. Murray
7822 Walker Street
La Palma, California 90623
Email: Lauriem@cityoflapalma.org
Phone: (714) 690-3337
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
Page 28 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Bret M. Plumlee
3191 Katella Avenue
Los Alamitos, California 90720
Email: bplumlee@cityoflosalamitos.org
Phone: (562) 431-3538
APPROVED AS TO FORM
City Attorney
AGREEMENT NO. C-8-2015
CITY OF LOS ALAMITOS
By:
Bret M. Plumlee
City Manager
Page 29 of 43
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AGREEMENT NO. C-8-2015
CITY OF NEWPORT BEACH
Dated: By:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Ms. Grace K. Leung
100 Civic Center
Newport Beach, California 92660
Email: gleung@newportbeachca.gov
Phone: (949) 644-3002
APPROVED AS TO FORM:
lyu_ I" QL44!5�
Fo/:City Attorney
Grace K. Leung
City Manager
Page 30 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Rick Otto
300 East Chapman Avenue
Orange, California 92866
Email: rotto@cityoforange.org
Phone: (714) 744-2222
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF ORANGE
By:
Rick Otto
City Manager
Page 31 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Damien Arrula
401 East Chapman Avenue
Placentia, California 92870
Email: darrula@placentia.org
Phone: (714) 993-8117
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF PLACENTIA
By:
Damien Arrula
City Manager
Page 32 of 43
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AGREEMENT NO. C-8-2015
CITY OF RANCHO SANTA MARGARITA
Dated: By:
Jennifer M. Cervantez
City Manager
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Ms. Jennifer M. Cervantez
22112 EI Paseo
Rancho Santa Margarita, California 92688
Email: jcervantez@cityofrsm.org
Phone: (949) 635-1800 Ext. 6301
APPROVED AS TO FORM:
City Attorney
Page 33 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. James Makshanoff
910 Calle Negocio
San Clemente, California 92673
Email: makshanoffjj@san-clemente.org
Phone: (949) 361-8322
APPROVED AS TO FORM
City Attorney
AGREEMENT NO. C-8-2015
CITY OF SAN CLEMENTE
By:
James Makshanoff
City Manager
Page 34 of 43
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AGREEMENT NO. C-8-2015
CITY OF SAN JUAN CAPISTRANO
Dated: By:
Ben Siegel
City Manager
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Ben Siegel
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Email: BSiegel@sanjuancapistrano.org
Phone: (949) 443-6317
APPROVED AS TO FORM:
City Attorney
Page 35 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Raul Godinez II
20 Civic Center Plaza
Santa Ana, California 92701
Email: rgodinez@santa-ana.org
Phone: (714) 647-5603
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ANA
Bv:
Raul Godinez II
City Manager
Page 36 of 43
AGREEMENT NO. C-8-2015
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO
City Manager
Ms. Jill R. Ingram
211 8t' Street
Seal Beach, California 90740
Email: jingram@sealbeachca.gov
Phone: (562) 431-2527 Ext. 1300
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF SEAL BEACH
By:
Jill R. Ingram
City Manager
Page 37 of 43
6-40
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
Interim City Manager
Mr. Robert W. Hall
7800 Katella Avenue
Stanton, California 90680
Email: rhall@ci.stanton.ca.us
Phone: (714) 349-9222 Ext. 241
City Attorney
AGREEMENT NO. C-8-2015
CITY OF STANTON
By:
Robert W. Hall
City Manager
Page 38 of 43
6-41
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Jeffrey C. Parker
300 Centennial Way
Tustin, California 92780
Email: jparker@tustinea.org
Phone: (714) 573-3010
APPROVED AS TO FORM:
City Attorney
AGREEMENT NO. C-8-2015
CITY OF TUSTIN
By:
Jeffrey C. Parker
City Manager
Page 39 of 43
6-42
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AGREEMENT NO. C-8-2015
CITY OF VILLA PARK
Dated: By:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Steve Franks
17855 Santiago Boulevard
Villa Park, California 92861
Email: sfranks@villapark.org
Phone: (714) 998-1500
APPROVED AS TO FORM:
City Attorney
Steve Franks
City Manager
Page 40 of 43
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Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Eddie Manfro
8200 Westminster Boulevard
Westminster, California 92683
Email: emanfro@westminster-ca.gov
Phone: (714) 548-3172
I' - - - ��q����i]3iT:7►�ill
City Attorney
AGREEMENT NO. C-8-2015
CITY OF WESTMINSTER
By:
Eddie Manfro
City Manager
Page 41 of 43
6-44
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AGREEMENT NO. C-8-2015
CITY OF YORBA LINDA
Dated: Bv:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
Mr. Mark Pulone
P.O. Box 87014
4845 Casa Loma
Yorba Linda, California 92886
Email: mpulone@yorbalindaca.gov
Phone: (714) 961-7100 Ext. 108
APPROVED AS TO FORM:
City Attorney
Mark Pulone
City Manager
Page 42 of 43
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AGREEMENT NO. C-8-2015
COUNTY OF ORANGE
Dated: Bv:
ATTEST:
County Clerk
NOTICE TO COUNTY TO BE GIVEN TO:
County Executive Officer
Mr. Frank Kim
333 West Santa Ana Boulevard
Santa Ana, California 92703
Email: frank.kim@ocgov.com
Phone: (714) 834-6201
APPROVED AS TO FORM
County Counsel
Frank Kim
County Executive Officer
Page 43 of 43
6-4E
ATTACHMENT C
REGULATIONS
OF THE
ORANGE COUNTY
TAXI ADMINISTRATION
PROGRAM
Effective XX/XX/2019
Amended Fee Schedule XX/XX/2019
Amended Taxicab Fares XX/XX/2019
6-47
TABLE OF CONTENTS
PURPOSE AND SCOPE............................................................................................ 3
DEFINITIONS............................................................................................................. 4
AGENCY AND OCTA PARTICIPATION....................................................................5
AgencyResponsibilities............................................................................................... 5
OCTA Responsibilities................................................................................................. 6
STEERING COMMITTEE........................................................................................... 6
1. GENERAL RULES AND REQUIREMENTS........................................................6
1.1
Permittee......................................................................................................7
1.2
Permitted Drivers.........................................................................................
8
2. COMPANY PERMITS.........................................................................................9
2.1
Company Permit Requirements...................................................................
9
2.2
Company Permit Denial.............................................................................
12
2.3
Company Affiliated Drivers.........................................................................
13
2.4
Company Permit Issuance.........................................................................
13
2.5
Term of Company Permit...........................................................................
14
2.6
Company Permit Renewal.........................................................................
14
2.7
Company Permit Suspension/Revocation..................................................
14
2.8
Company Permit Penalties/Suspensions...................................................
15
2.9
Right to Appeal...........................................................................................
15
2.10
Agency or Other Transportation Agreements .............................................
15
3. DRIVER
PERMITS...........................................................................................16
3.1
Driver Permit Requirements.......................................................................
16
3.2
Driver Permit Issuance...............................................................................
17
3.3
Term of Driver Permit.................................................................................
17
3.4
Renewal of Driver Permit...........................................................................
17
3.5
Driver Permit Limitation..............................................................................
17
3.6
Replacement Driver Permit........................................................................
17
3.7
Driver Permit Transfer to Another Company ..............................................
17
3.8
Driver Permit Denial...................................................................................
18
3.9
Driver Permit Suspension/Revocation........................................................
19
3.10
Driver Permit Penalty/Suspension..............................................................
20
3.11
Driver Permit Appeal..................................................................................
20
3.12
Driver Permit Surrender.............................................................................
20
4. TAXICAB PERMITS............................................................................................. 20
4.1
Taxicab Permit Required.............................................................................
20
4.2
Inspections.................................................................................................
21
4.3
Vehicle Replacement.................................................................................
21
4.4
Taxicab Permit Renewal............................................................................
21
4.5
Taxicab Permit Surrender..........................................................................
22
4.6
Replacement Taxicab Permit.....................................................................
22
5. TAXICAB
REQUIREMENTS............................................................................. 22
5.1
Proof of Insurance.......................................................................................
22
5.2
California Vehicle Registration....................................................................
22
5.3
Taxi Company Designation......................................................................
23
. .,
5.4 Vehicle Maintenance and Records.............................................................. 23
5.5 Seating........................................................................................................23
6. TAXICAB OPERATION....................................................................................23
6.1 Solicitation..................................................................................................23
6.2 Fares Charged........................................................................................... 23
6.3 Receipt.......................................................................................................23
6.4 Accidents...................................................................................................24
6.5 Agency or other Transportation Agreements ............................................. 24
6.6 Advertising.................................................................................................24
7. REPORTING VIOLATIONS OF OCTAP REGULATIONS ............................... 24
8. APPEALS AND ADMINISTRATIVE HEARINGS.............................................25
8.1 Notice of Appeal.........................................................................................
25
8.2 Stay............................................................................................................25
8.3 Stay, Exception..........................................................................................
25
8.4 Initial Review of Appeal..............................................................................
25
8.5 Hearing Officer...........................................................................................
26
8.6 Administrative Hearings.............................................................................
26
9. PERMIT FEES AND TAXICAB FARES............................................................
26
9.1 OCTAP Permit Fees...................................................................................
27
9.2 Metered Rates............................................................................................
27
9.3 Refund Policy.............................................................................................
27
10. AMENDMENT(S) TO REGULATIONS.............................................................27
10.1. Administrative Amendment(s)....................................................................
27
10.2. Substantive Amendment(s)........................................................................
27
10.3. OCTAP Permit Fees and Taxicab Metered Rates ......................................
28
OCTAP FEE STRUCTURE......................................................................................
29
ORANGE COUNTY APPROVED TAXICAB METERED RATES .............................
30
OCTAP ADMINISTRATIVE ACTION AND FINES SCHEDULE ..............................
31
PURPOSE AND SCOPE
The Orange County Taxi Administration Program (OCTAP) is an association of
Orange County Agencies formed to establish a policy for entry into the business of
providing Taxicab transportation service in compliance with Agencies' requirements
under California Government Code § 53075.5. OCTAP was formed pursuant to
interagency -agreements between the Orange County Transportation Authority (OCTA)
and participating Agencies. The objective of OCTAP is to establish minimum safety and
service standards for the provision of Taxicab services in Orange County, to increase
public safety, reduce administrative costs for the public and private sector, and to expand
the provision of private transportation service in Orange County.
Although not a participating Agency, OCTA provides administrative functions for
the OCTAP program and manages the permitting processes necessary to issue Taxicab
company, vehicle, and driver permits on behalf of the Agencies. The OCTAP Regulations
are intended to define minimum Taxicab company, Taxicab vehicle, and Taxicab driver
permitting requirements, establish minimum safety and service standards for the
operation of a Taxicab, and consolidate the permitting of Taxicab transportation service
for the Agencies.
Agency Legislative Independence and Authority Retained.
The OCTAP Regulations are developed by the Agencies and enforced through
adoption of the OCTAP Regulations into each Agency's municipal code. Each Agency
shall be responsible for enforcing the OCTAP Regulations, prosecuting violators, and
notifying OCTAP of such occurrences. All policies, procedures, ordinances, rules, and
regulations pertaining to Taxicab companies, Taxicab drivers, Taxicabs, fares, notices,
safety, Taxicab stands, pickup, hours of operations, and all other functions not specifically
provided for in the OCTAP Regulations, shall remain within the authority and jurisdiction
of each Agency.
Each Agency retains all authority, responsibility, and independence for Taxicab
regulation and enforcement within its Area of Jurisdiction. Each Agency retains the right
and authority to select the Company(ies) authorized to operate within its jurisdiction,
including the number of Taxicabs authorized to pick up passengers within its jurisdiction.
Each Agency reserves the right to implement and enforce additional requirements or
limits beyond the OCTAP Regulations.
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DEFINITIONS
1. Agency
"Agency" means each City and the County of Orange that participates in
OCTAP.
2. Area of Jurisdiction
"Area of Jurisdiction" of each Agency means the area within the boundaries of a
City, or for the County means the unincorporated area, including John Wayne Airport.
3. ASE
"ASE" means the National Institute for Automotive Service Excellence.
4. Bandit Taxicab
"Bandit Taxicab" refers to a Taxicab operating within the Area of Jurisdiction of
any OCTAP Agency without a valid OCTAP permit, when one is required, or other
permit issued by a permitting agency that is accepted by the OCTAP Agencies.
5. BAR
"BAR" means the Bureau of Automotive Repair.
6. Company
"Company" includes a natural person, firm, association, organization, partnership,
business, trust, corporation, or public entity.
7. Company Permit
"Company Permit" means a valid permit issued by OCTAP authorizing a Company
to operate a Taxicab business within the Area of Jurisdiction of any participating Agency,
which allows the Company to serve that Agency.
8. Driver
"Driver" means a person who has a valid OCTAP-issued Driver Permit.
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9. Driver Permit
"Driver Permit" means a valid permit issued by OCTAP authorizing a person to
drive or control the movements of a Taxicab.
10. OCTA
"OCTA" means the Orange County Transportation Authority.
11. OCTAP
"OCTAP" means the Orange County Taxi Administration Program.
12. Permittee
"Permittee" means a Company that holds a valid OCTAP Company Permit.
13. Taxicab
"Taxicab" means a vehicle capable of carrying not more than eight persons,
excluding the driver, and used to carry passengers for hire. The term shall exclude a
vehicle operating as a Charter Party Carrier licensed as such by any state agency,
including the California Public Utilities Commission (CPUC), or any other vehicle
operating under the authority of any state agency, including the CPUC.
14. Taxicab Permit
"Taxicab Permit" means a valid permit issued by OCTAP, authorizing a particular
vehicle to be operated as a Taxicab.
15. Transportation Agreements
"Transportation Agreements" means any separate agreement that an Agency has
established with an OCTAP Permittee for operation within its jurisdiction.
AGENCY AND OCTA PARTICIPATION
Agency Responsibilities.
Each Agency shall:
o Participate as a member of OCTAP.
o Appoint its City Manager, Executive Officer, or their designee, to participate
as a member of the OCTAP Steering Committee.
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o Adopt and enforce a Taxicab ordinance or resolution consistent with the
OCTAP Regulations.
o Enforce, and if necessary, prosecute all violations of its Taxicab ordinance
or resolution and the OCTAP Regulations.
o Notify OCTAP of any public or law enforcement complaint pertaining to
permitted Taxicab companies, Taxicabs, and Taxicab drivers within its Area
of Jurisdiction.
OCTA Responsibilities.
OCTA shall provide the services described in the OCTAP Regulations on behalf
of each Agency that adopts the OCTAP Regulations by ordinance or resolution, and shall:
o Provide staff and administrative services necessary to issue permits and
implement the OCTAP Regulations.
o Collect fees to cover the costs of administering OCTAP and collect fines
associated with violations of OCTAP Regulations.
However, OCTA shall not assume liability for the performance of Taxicab
companies, Taxicab drivers, or Taxicabs. OCTA is not responsible for the enforcement
of Agency ordinances or resolutions, the enforcement of non -permitted Taxicab
operations, or for collecting franchise fees or business license fees imposed by
participating Agencies on Taxicab companies or drivers.
STEERING COMMITTEE
The OCTAP Steering Committee shall be appointed by the Agencies. The OCTAP
Steering Committee is responsible for creating the OCTAP Regulations and advising
OCTA on matters including the OCTAP Regulations, the policies and procedures
governing the issuance of permits, and public safety issues in Orange County. The
OCTAP Steering Committee will meet as needed to advise OCTA on all matters
discussed herein.
1. GENERAL RULES AND REQUIREMENTS
Each OCTAP Permittee, its management, employees, affiliated drivers,
leaseholders, and owner -operators are individually and jointly responsible for complying
with OCTAP Regulations; all California Vehicle Codes and Statutes; all applicable federal,
state and local laws, statutes, and ordinances; all ordinances of a City, Agency, Airport,
or County related to the operation of a Taxicab; and all lawful orders, rules, and
regulations promulgated thereunder regarding the transportation of customers in a
Taxicab.
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1. 1. Permittee.
1.1.1 Permittee shall ensure Taxicabs are driven only by OCTAP
permitted Drivers.
1.1.2 Permittee shall not operate a Taxicab without a valid Taxicab Permit
from OCTAP, unless otherwise permitted by law.
1.1.3 Permittee shall notify OCTAP within forty-eight (48) business hours
of an affiliated Driver who becomes unqualified or unauthorized to
drive a Taxicab or upon termination of employment or affiliation with
Permittee.
1.1.4 Permittee shall maintain all programs and requirements for receiving
a Company Permit and verify the continuous enrollment of affiliated
drivers in their OCTAP-approved drug and alcohol testing program
and DMV Pull Notice program.
1.1.5 Permittee shall comply with any separate requirements that may
have been adopted by any Agency in which Permittee intends to
operate, including, but not limited to, establishment of a franchise
and the payment of business license fees or taxes.
1.1.6 Permittee shall cooperate fully with OCTAP Staff.
1.1.7 Permittee shall notify OCTAP staff within forty-eight (48) business
hours when vehicles are removed from service and will surrender
OCTAP vehicle permits in accordance with Section 4.5.
1.1.8 Permittee shall maintain reasonable financial responsibility to
conduct Taxicab transportation services in accordance with the
OCTAP Regulations.
1.1.9 Permittee shall maintain a safety education and training program in
effect for all Taxicab Drivers, whether employees or contractors.
1.1.10 Permittee shall maintain a disabled access education and training
program to instruct its Taxicab Drivers on compliance with the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.) and amendments thereto, and state disability rights laws,
including making clear that it is illegal to decline to serve a person
with a disability or who has a service animal.
1.1.11 Permittee shall disclose fares, fees, or rates to the customer, and
may satisfy this by disclosing fares, fees, or rates on its Internet Web
site, mobile telephone application, or telephone orders upon request.
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1.1.12 For on -demand (flagged) trips, the Taxicab must possess a fully
operational taximeter with current and intact seals, or any type of
device or technology approved by the Division of Measurement
Standards to calculate fares, including the use of Global Positioning
System metering, provided that the device or technology complies
with Section 12500.5 of the Business and Professions Code and with
all regulations established pursuant to Section 12107 of the Business
and Professions Code. The customer shall not be charged a fare
that exceeds the authorized fare.
1.2 Permitted Drivers.
1.2.1 A Driver must possess and display a valid OCTAP Driver Permit in
order to operate a Taxicab, and at all times the taxicab is in
operation, on behalf of a Permittee.
1.2.2 A driver shall not operate a taxicab without a valid OCTAP Taxicab
Permit.
1.2.3 Permitted Drivers shall adhere to all regulations related to Taxicab
Operation in Section 6.
1.2.4 Permitted Drivers may only pick up passengers in the Area of
Jurisdiction of those agencies that have approved the Permittee
he/she represents, unless otherwise permitted by law.
1.2.5 Permitted Drivers shall cooperate with the Permittee, Law and Code
Enforcement Officers, and OCTAP Staff, including random testing
and all vehicle inspections.
1.2.6 The Driver Permit must be displayed in the passenger side area of
the dashboard, easily viewable from inside or outside of the vehicle.
The Driver Permit must be attached in a way that makes it removable
by the Driver to provide to law enforcement, code enforcement
officers, or OCTAP staff, when requested. The Driver's California
driver license number on the Driver Permit may be covered by a
removable label, if desired. No other alterations, covered, or hidden
information to the OCTAP Driver Permit is allowed.
1.2.7 A driver in possession of an altered or defaced permit will not be
considered to be in possession of a valid Driver's Permit.
1.2.8 A Driver shall not display another person's OCTAP Driver Permit or
allow another person to use their Driver Permit.
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1.2.9 A Driver shall not carry more passengers in the Taxicab than are
authorized by the manufacturer's recommendations. Operational
seat belts must be available for all passengers.
1.2.10 A Driver shall operate a Taxicab in accordance with all applicable
state and local laws and regulations and with due regard for the
safety, comfort, and convenience of passengers, and of the general
public.
2. COMPANY PERMITS
No Company shall operate a Taxicab business or advertise as a Taxicab business
within the Area of Jurisdiction of an Agency without having first obtained a Company
Permit from OCTAP, unless otherwise authorized by Government Code § 53075.5, or
without permission from the Agency to operate in the Area of Jurisdiction of such Agency,
if the Agency's legislative body requires such permission.
2.1 Company Permit Requirements.
A Company Permit shall be issued from OCTAP when the following conditions
have been satisfied:
2.1.1 Submission of a complete Company Permit application package.
2.1.2 Submission of a copy of the applicant's drug and alcohol policy
meeting OCTAP requirements and proof that the applicant has
implemented a Drug and Alcohol Certification Program covering all
its affiliated permitted Drivers pursuant to Government Code §
53075.5 and meeting the following requirements.
2.1.2.1 A contract with a drug and alcohol program administrator and
authorized lab certified by the U.S. Department of
Transportation.
2.1.2.2 Procedures and components substantially as in Part 40 of
Title 49 of the Code of Federal Regulations, for pre-
employment or pre -licensing and licensing renewal.
2.1.2.3 Procedures and components substantially as in Part 382 of
Title 49 of the Code of Federal Regulations for rehabilitation,
return -to -duty and follow up testing.
2.1.2.4 Procedures and components for random testing following
U.S. Department of Transportation guidelines, annual
minimum random testing rates, and additional tests as
required following accidents, rehabilitation, return -to -service,
6-56
and other circumstances providing reasonable suspicion to
test.
2.1.2.5 When requested, random testing reports to be made available
to OCTAP by the program administrator.
2.1.2.6 The applicant's and program administrator's records shall be
made available to OCTAP upon request within forty-eight (48)
business hours.
2.1.2.7 The test results must be provided to OCTAP and the
Permittee by the testing facility.
2.1.2.8 Drivers must show a valid California driver license at the time
and place of testing.
2.1.3 Submission of evidence of insurance, in full force and effect, in such
form as required by OCTAP, issued by a solvent and responsible
company licensed to do business in the State of California, insuring
the applicant against loss by reason of injury or damage that may
result to persons, including Taxicab passengers, or property, from
the negligent operation or maintenance of such Taxicab.
2.1.3.1 Applicant shall provide a Certificate of Insurance and
Insurance Policy Binder showing that the applicant is insured
for a minimum combined single limit of one million dollars
($1,000,000) for the injury or death of one or more persons in
the same accident, and one hundred thousand dollars
($100,000) for injury or destruction of property with an insurer
with a minimum AM Best Rating of A-7. Each insurance policy
required by these Regulations shall waive all rights of
subrogation against OCTA, OCTAP and its member
agencies, including their respective elected and appointed
officials, officers, directors, employees, agents and
volunteers. No self-insured retention shall be allowed.
2.1.3.2 Deductibles shall not exceed ten thousand dollars ($10,000)
per occurrence. In addition, the applicant shall direct the
insurance company to provide OCTAP copies of
Endorsements to the insurance policy 1) naming OCTA,
OCTAP and its member agencies, including their respective
elected and appointed officials, officers, directors, employees,
agents and volunteers, as additional insureds; and 2)
indicating that coverage shall not be reduced, terminated or
cancelled without thirty (30) days prior written notice to
OCTAP; and 3) the OCTAP special endorsement must be
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completed and duly executed by the agent or broker of record
and submitted along with the proof of insurance.
2.1.3.3 At least one (1) business day prior to the expiration of the
current policies, a Permittee shall submit insurance binders
evidencing insurance coverage for the policy period
subsequent to the expiration of the current policies. Lapses
or interruptions of insurance coverage shall cause an
immediate suspension of the Company Permit, pending
revocation, and an immediate revocation of all Taxicab
Permits issued to the Permittee. Reinstatement of a
Company Permit may require payment of applicable fees
and/or fines. Furthermore, if reinstated, any Taxicab(s) a
Permittee desires to be placed back into service will require
the issuance of a new Taxicab Permit with applicable fees
paid.
2.1.4 Submission of Department of Motor Vehicles (DMV) Pull Notice
Program Requester Code Number issued to applicant, as defined in
Vehicle Code § 1808.1 and continuous enrollment in the Pull Notice
program. All affiliated Taxicab Drivers must be enrolled within seven
(7) calendar days from inception of the program or date of affiliation.
Permittees are required to notify OCTAP upon receipt of a DMV Pull
Notice for any affiliated Driver that indicates an action that would no
longer qualify the Driver for a Driver Permit. Permittee shall require
the Driver to immediately cease operation and surrender their Driver
Permit to Permittee. Permittee shall return the Driver Permit to
OCTAP within forty-eight (48) business hours of DMV Pull Notice
receipt. DMV Pull Notice records shall be made available to OCTAP
within forty-eight (48) business hours of request.
2.1.5 Submission of proof of current California Department of Motor
Vehicles registration for each Taxicab listed in the Company Permit
application. All Taxicabs listed in the Company Permit application
shall be registered pursuant to Section 5.2.
2.1.6 Every owner, partner, or principal officer of applicant has submitted
to Live Scan fingerprinting at an approved California Department of
Justice finger printing agency to initiate a Department of Justice
(DOJ) background check (first time applicants only unless otherwise
required) and has enrolled in the DOJ subsequent arrest notification
program.
2.1.7 Every owner, partner, or principal officer of applicant has
successfully cleared all background checks.
2.1.8 At the time the Company Permit application is submitted, the
applicant shall provide to OCTAP a list of OCTAP permitted Drivers
authorized to operate the Taxicabs.
2.1.9 Payment of all applicable fees.
2.1.10 Company shall have a principal place of business from which it
conducts its activities as a Taxicab company and related activities.
Multiple locations for other activities such as storage,
maintenance/repair, etc., are allowed. For the purposes of these
Regulations, if the Company has provided OCTAP with a valid
address for the receipt of notices and correspondence from OCTAP,
a "principal place of business" may be a Taxicab.
2.1.11 OCTAP may require additional verification for compliance with the
requirements defined herein.
2.1.12 OCTAP Company Permit number must be conspicuously posted in
all company advertisement and media, as required by California
Government Code § 53075.9. Posting must be worded as "OCTAP
Company Permit #XXX". Additionally, advertisements must use the
OCTAP permitted Company name.
2.2. Company Permit Denial.
A Company Permit shall be denied if any of the following apply to an applicant
Company or to any owner, partner, or principal officer of an applicant Company:
2.2.1 Is less than 18 years of age.
2.2.2 Falsifies material information on the application for Company
Permit.
2.2.3 Is a registered sex offender pursuant to California Penal Code
§ 290.
2.2.4 Is on formal probation or parole for any offense outlined in
Sections 2.2.5., 2.2.6., or 2.2.7.
2.2.5 Is convicted (or pleads guilty or nolo contendere) in any state for
any of the following: murder; robbery; pandering; pimping; crimes
related to the sale or transportation of controlled substances,
including marijuana; crimes involving the use of a weapon; or any
other offense involving moral turpitude, or any crime that is
substantially related to the qualifications, functions or
responsibilities of a Permittee.
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2.2.6 Is convicted (or pleads guilty or nolo contendere) in any state for a
felony other than those listed in Section 2.2.5., within eight (8)
years of the application.
2.2.7 Has any conviction within five (5) years of application (or plea of
guilty or nolo contendere) in any state or has any final
administrative determination of a violation of any statute,
ordinance, or regulation reasonably and rationally pertaining to the
same or similar business operation which would have resulted in
suspension or revocation of the Company Permit under these
Regulations.
2.2.8 Operation of its business without the insurance required in Section
2.1.3.
2.2.9 Failing to fully satisfy any court judgment entered against the
Company arising from liability for operating Taxicabs, including, but
not limited to, judgments related to collisions or operating without the
requisite insurance, within ten (10) years from the date that the
judgment was originally entered pursuant to California Code of Civil
Procedure § 683.020 and § 683.030 or, if the judgment has been
renewed, within ten (10) years from the date that the application for
renewal of judgment is filed pursuant to California Code of Civil
Procedure § 683.120.
2.2.10 For good cause, subject to appeal pursuant to Section 8. Good cause
is defined to include, but is not limited to, arrests, charges, offenses,
or convictions related to the responsibilities and functions of a
Taxicab company not specifically outlined in this section, that would
be prudent to consider in order to protect the public.
2.3. Company Affiliated Drivers.
At the time the Company Permit application is submitted, the applicant shall
provide to OCTAP a list of OCTAP permitted Drivers authorized to operate the Taxicabs.
A Permittee may add Drivers to its list of Drivers authorized to operate the Taxicabs
identified in the Company Permit, provided that the Driver to be added has been issued
a Driver Permit by OCTAP which states the Driver is affiliated with the Permittee.
2.4. Company Permit Issuance.
Upon applicant's satisfaction of the conditions listed in Company Permit
Requirements, applicant shall be issued an OCTAP Company Permit within five (5)
business days.
•• O
2.5. Term of Company Permit.
The Company Permit is valid until December 31, 2020, unless extended,
suspended, or revoked.
2.6. Company Permit Renewal.
No less than sixty (60) days prior to the expiration of the Company Permit, the
Permittee shall submit an application for renewal of its Company Permit in order to allow
sufficient time to review the application for renewal. Failure to submit an application for
renewal of the Company Permit at least sixty (60) days prior to the current expiration
could result in a lapse in the Company Permit and suspension or revocation of Taxicab
Permits. A lapse in the Company Permit may require a Company to submit an application
and fees for a new Company Permit, and fees for Taxicab Permit(s).
2.7. Company Permit Suspension/Revocation.
A Company Permit may be suspended or revoked by OCTAP for any of the
following reasons:
2.7.1 Providing late, false, or inaccurate information in the
Company Permit application.
2.7.2 Allowing operation of a Taxicab by a driver not possessing a valid
OCTAP Driver Permit when stating that the driver is affiliated with the
Permittee.
2.7.3 Failure to comply with the OCTAP Regulations.
2.7.4 Operation of any Taxicab at a rate higher than the authorized fare or
an agency program as described in Section 2.10.
2.7.5 Failure to cooperate with an Agency's law enforcement officers, code
enforcement officers, OCTAP staff, and/or California Highway Patrol.
2.7.6 Operating its business in violation of the insurance requirements in
Section 2.1.3.
2.7.7 Failure to comply with the drug and alcohol policy and program
required in Section 2.1.2.
2.7.8 Failing to fully satisfy any court judgment entered against the
Company arising from liability for operating Taxicabs, including, but
not limited to, judgments related to collisions or operating without the
requisite insurance, within ten (10) years from the date that the
judgment was originally entered pursuant to California Code of Civil
6-61
Procedure § 683.020 and § 683.030 or, if the judgment has been
renewed, within ten (10) years from the date that the application for
renewal of judgment is filed pursuant to California Code of Civil
Procedure § 683.120.
2.7.9 Circumstances providing grounds for denial of a Company Permit as
outlined in the OCTAP Regulations.
2.7.10 Violating Government Code § 53075.9 pertaining to advertising.
2.7.11 For good cause, subject to appeal pursuant to Section 8. Good cause
is defined to include, but is not limited to arrests, charges, offenses,
and or convictions related to the responsibilities and functions of a
Taxicab company not specifically outlined in this Section, that would
be prudent to consider in order to protect the public.
2.8 Company Permit Penalties/Suspensions.
In lieu of revocation, OCTAP may impose a penalty in the form of a fine, a period
of suspension, or both a fine and period of suspension. The OCTAP Administrative Action
and Fines Schedule is attached as "Attachment 3."
2.9 Right to Appeal.
A Company Permit applicant or Permittee may appeal a Company Permit denial,
revocation, suspension, or fine as provided for in Section 8.
2.10 Agency or Other Transportation Agreements.
2.10.1 An OCTAP Permittee may participate in agency or other
transportation programs within the jurisdiction of OCTAP under the
following conditions:
2.10.1.1 Transportation program requirements do not conflict with
OCTAP Regulations. Agency or other providers may require
standards and guidelines that are greater than general
OCTAP requirements. The agency or provider is responsible
for managing and monitoring its program -specific
requirements.
2.10.1.2 Permittee is in good standing with OCTAP, maintains all
required OCTAP permits, and continues to comply with all
OCTAP requirements.
2.10.1.3 Taxicab Driver must continue to display OCTAP Driver Permit
regardless of any other agency or program identification that
may be required by the sponsoring agency.
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2.10.1.4 Permittee may establish a specialized fare structure for
agency or program trips through its agreement with the
agency.
2.10.1.5 For on -demand (flagged) trips, the metering device must be
operated any time the Driver is carrying a customer on behalf
of Permittee, regardless of an agreement pursuant to Section
6.4.
3. DRIVER PERMITS
A Driver must be affiliated with an OCTAP permitted Company and possess a valid
OCTAP Driver Permit in order to operate a Taxicab.
3.1. Driver Permit Requirements
A Driver Permit may be obtained from OCTAP, provided the applicant has
submitted all of the following:
3.1.1 Complete Driver Permit application, signed by a representative of the
Permittee to which the driver intends to be affiliated.
3.1.2 Valid California driver license (Class C).
3.1.3 California Department of Motor Vehicles H6 report issued within thirty
(30) days of submission of a complete application package.
3.1.4 A negative drug and alcohol screening test administered by
Permittee's program administrator within the previous thirty (30) days
in compliance with California Government Code § 53075.5(b)(3).
3.1.5 Proof of enrollment in Permittees current and active random drug and
alcohol program.
3.1.6 Live Scan fingerprints taken at an approved California Department
of Justice finger printing agency.
3.1.7 Acceptable CDL and DOJ background checks.
3.1.8 Payment of all applicable fees.
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3.2 Driver Permit Issuance.
A Driver Permit shall be issued within five (5) business days after satisfaction of
requirements in Section 3.1.
3.3 Term of Driver Permit.
A Driver Permit is valid until December 30, 2020, unless extended, suspended,
revoked, otherwise terminated, or when issued based on a temporary or interim California
driver license.
3.4 Renewal of Driver Permit.
Up to sixty (60) working days prior to the expiration of the Driver Permit, the Driver
may reapply for a Driver Permit pursuant to Section 3 in order to allow time to review the
application for renewal. The renewal of a Driver Permit shall be granted within five (5)
business days of satisfaction of all requirements for renewal.
If a Driver Permit expires before approval of renewal, the Driver will not be allowed
to operate a Taxicab until the renewal Driver Permit is approved, issued, and in the
Driver's possession. Drivers who do not apply to renew prior to the expiration of their
permit will be charged late fees in accordance with the OCTAP fee structure.
3.5 Driver Permit Limitation.
An OCTAP Driver Permit is only valid for the Driver to operate a Taxicab for the
Permittee indicated on the Driver Permit. A Driver may not operate a Taxicab for another
Company unless the Driver completes a transfer application pursuant to Section
3.7. Reproduction of a Driver Permit is strictly prohibited for any reason with the exception
of Company management copying the permit for recordkeeping purposes.
3.6 Replacement Driver Permit.
A replacement for a lost or damaged Driver Permit or a subsequent Driver Permit
previously issued based on a temporary or interim California driver license may be
obtained from OCTAP upon payment of all applicable fees. A Driver shall not operate a
Taxicab until a replacement permit is obtained and in possession of the Driver pursuant
to this Section. A replacement Driver Permit shall expire on the same date as the original
Driver Permit and shall not exceed the Driver's annual permit period.
3.7 Driver Permit Transfer to Another Company.
A Driver may request a transfer of his/her Driver Permit to another Permittee
provided the Driver has submitted the following to OCTAP:
0=0
3.7.1 A Driver Permit application signed by an authorized representative
of the prospective Permittee.
3.7.2 The Driver Permit transfer fee.
3.7.3 Valid California driver license (Class C).
3.7.4 OCTAP Driver Permit to be transferred.
3.7.5 Verification of enrollment transfer in Permittee's current and active
random drug and alcohol program.
3.7.6 Driver shall not operate a Taxicab until the transfer permit is obtained
and in possession of the Driver pursuant to this Section.
3.7.7 A transferred Driver Permit shall expire on the same date as the
original Driver Permit and shall not exceed the Driver's permit period.
3.8 Driver Permit Denial.
A Driver Permit shall be denied if applicant:
3.8.1 Is less than 18 years of age.
3.8.2 Does not possess a valid California driver license (Class C).
3.8.3 Fails to enroll in the required random drug and alcohol program.
3.8.4 Fails the required drug and/or alcohol test. Upon testing positive for
drugs and/or alcohol, the applicant shall not be eligible to reapply for
a Driver Permit for a period of one (1) year from the test date.
3.8.5 Falsifies, or fails to disclose, material information on the application
for a Driver Permit.
3.8.6 Is required to register as a sex offender pursuant to California Penal
Code § 290.
3.8.7 Is on formal probation or parole for any offense outlined herein.
3.8.8 Is convicted (or pleads guilty or nolo contendere), regardless of the
time elapsed, in any state, of any of the following or their equivalent:
murder; a violation of California Vehicle Code § 2800.2 (pertaining to
disregard for safety of persons or property), § 2800.3 (pertaining to
flight from peace officer causing death or bodily injury), or § 20001
(pertaining to duty to stop at scene of accident); robbery; pandering;
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pimping; crimes related to the manufacture, use, sale, possession,
or transportation of controlled substances; sale or transportation of
marijuana; crimes involving weapons; any crime for which
registration would be required under California Penal Code § 290;
crimes involving credit card fraud or use of another person's
identifying information without authorization (California Penal Code
§ 530 or equivalent or substitute sections); or any other offense
involving moral turpitude or any crime that is substantially related to
the qualifications, functions or responsibilities of a Taxicab driver.
3.8.9 Is convicted of any felony in any state (or pleads guilty or nolo
contendere), other than those felonies listed in Section 3.8.8, within
eight (8) years of application.
3.8.10 Is convicted (or pleads guilty or nolo contendere) of any of the
following within five (5) years of application: reckless driving; driving
under the influence of intoxicating liquors or drugs (DUI); use or
possession of marijuana; a violation of California Vehicle Code §
2800.1 (pertaining to flight from peace officer); § 20002 (pertaining
to duty where property is damaged), § 20003 (pertaining to duty upon
injury or death) or any corresponding substitute sections; vehicular
manslaughter; and Penal Code §§ 240, 241, 242, and 243 or any
corresponding substitute sections pertaining to assault and battery.
3.8.11 For good cause, subject to appeal pursuant to Section 8 below. Good
cause is defined to include, but is not limited to, arrests, charges,
offenses, and/or convictions related to the responsibilities and
functions of a Taxicab driver, not specifically outlined in this Section,
that would preclude an applicant from possessing an OCTAP Driver
Permit.
3.8.12 Fails to execute a lease, sublease, or owner -operator agreement
with Permittee.
3.9 Driver Permit Suspension/Revocation.
A Driver Permit may be suspended or revoked by OCTAP for any of the following
reasons:
3.9.1 Failure to comply with the applicable provisions (including timeliness
of submissions) of the OCTAP Regulations.
3.9.2 Circumstances providing grounds for denial of a Driver Permit as
outlined in the OCTAP Regulations.
3.9.3 Revocation or suspension of driver's California driver license.
•• •
3.9.4 Driver's failure to cooperate with an Agency's law enforcement
officers, code enforcement officers, OCTAP staff, and/or California
Highway Patrol officers.
3.9.5 Notification to OCTAP by the Permittee that the Driver is no longer
an authorized driver for the Permittee.
3.9.6 Testing positive on a drug and alcohol screening, or failure to submit
to Permittees random drug and alcohol testing program.
3.9.7 Not enrolled and active in the required random drug and alcohol
program.
3.9.8 For good cause pursuant to Section 8, subject to appeal. Good cause
is defined to include, but is not limited to, arrests, charges, offenses,
and or convictions related to the responsibilities and functions of a
Taxicab driver, not specifically outlined in this Section, that would
preclude a driver from possessing an OCTAP Driver Permit.
3.9.9 A Driver whose permit is revoked shall be prohibited from applying
for a new Driver Permit for one (1) year from the date of revocation.
3.10 Driver Permit Penalty/Suspension.
In lieu of revocation, OCTAP may impose a penalty in the form of a fine, a period
of suspension, or both a fine and a period of suspension as specified in the OCTAP
Regulations. The OCTAP Administrative Action and Fines Schedule is attached as
"Attachment 3."
3.11 Driver Permit Appeal.
The denial, suspension, or revocation of a Driver Permit may be appealed as
provided in Section 8.
3.12 Driver Permit Surrender.
Upon expiration, suspension, or revocation of a Driver Permit, or upon termination
of employment or affiliation with a Permittee, a Driver shall cease work immediately and
surrender the Driver Permit to OCTAP within forty-eight (48) business hours.
4. TAXICAB PERMITS
4.1 Taxicab Permit Required.
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No person shall operate a Taxicab, or advertise a Taxicab business, on behalf of
a Permittee within the Area of Jurisdiction of an Agency without a Taxicab Permit from
OCTAP, unless otherwise authorized by Government Code § 53075.5. At all times while
providing taxi service, the Taxicab Permit must be displayed in the left-hand corner of the
rear window of the Taxicab for which the Taxicab Permit is issued. A Taxicab Permit is
nontransferable and is valid until December 31, 2020, unless, extended, suspended or
revoked.
4.2 Inspections.
Prior to issuance or renewal of a Taxicab Permit, Company must complete a
vehicle inspection at an ASE -certified or BAR -registered facility and submit proof to
OCTAP, signed by the inspecting facility, that the Taxicab has met all inspection
standards.
4.3 Vehicle Replacement.
OCTAP shall issue a Taxicab Permit for a replacement Taxicab, valid for the time
remaining under the Taxicab Permit of the replaced Taxicab, upon satisfaction of the
following conditions:
4.3.1 Permittee submits the new Taxicab within two weeks of the time that
the original permit is surrendered.
4.3.2 Surrender of the existing Taxicab Permit to OCTAP.
4.3.3 Payment of Vehicle Permit replacement fee.
4.3.4 Company provides proof satisfactory to OCTAP that the replacement
Taxicab passes a Taxicab inspection by an ASE -certified or BAR -
registered facility.
4.4 Taxicab Permit Renewal.
A Taxicab Permit shall be renewed annually upon payment of applicable fees and
submission of proof satisfactory to OCTAP that the Taxicab passes an inspection by a
facility certified by an ASE -certified or BAR -registered facility.
4.4.1 Upon the successful completion of the above requirements, OCTAP
shall provide a new expiration year for the Taxicab Permit.
4.4.2. A Taxicab presented for renewal after the permit expiration date will
be charged late fees, up to and including the date the Taxicab permit
is renewed (in accordance with the current OCTAP Fee Structure),
and subjects the Permittee to other administrative actions and fines.
..:
4.5 Taxicab Permit Surrender.
A Permittee, when selling or removing a Taxicab from the fleet, must assure that
the OCTAP Taxicab Permit, welcome decals, and other OCTAP Taxicab markings are
removed and that the vehicle cannot be mistaken by the public as an authorized Taxicab.
OCTAP Permits and welcome decals must be surrendered to OCTAP within forty-eight
(48) business hours.
4.5.1 A Permittee must surrender the Taxicab Permit to OCTAP if a
Taxicab has been removed from the OCTAP-approved insurance
policy, if the Taxicab Permit is revoked, or upon its expiration (if the
Taxicab Permit will not be renewed).
4.5.2 A Taxicab permit which is voluntarily surrendered by a Permittee can
be replaced upon completion of an annual Taxicab inspection and
payment of the required fees, or as provided in Section 4.6.
4.6. Replacement Taxicab Permit.
If a Taxicab Permit has been damaged or is missing due to theft or destruction, a
replacement permit will be issued to the same Taxicab and Permittee, upon payment of
the required replacement fee. The replacement Taxicab Permit shall be valid for the
remaining term of the Taxicab Permit that was replaced.
5. TAXICAB REQUIREMENTS
All Taxicabs shall meet the requirements of the California Vehicle Code, including,
but not limited to, California Vehicle Code § 24000, et seq. The California Vehicle Code
shall take precedence over any OCTAP Taxicab requirement. Taxicabs must be
maintained to these standards at all times.
5.1 Proof of Insurance.
Taxicab Drivers shall at all times carry in the vehicle evidence of the form of
financial responsibility in effect for the vehicle, pursuant to California Vehicle Code
§§ 16020 through 16028.
5.2 California Vehicle Registration.
Evidence of valid and current vehicle registration must be maintained in each
Taxicab, pursuant to California Vehicle Code § 4462.
5.2.1 Registered as a commercial vehicle, pursuant to California Vehicle
Code § 260.
5.2.2 Registered to the Permittee showing the same Permittee name and
address or registered to the OCTAP permitted Driver showing the
same permitted Driver name and address.
5.3 Taxi Company Designation.
Permittee's Company name and/or logo shall be placed in an area visible from the
interior and exterior of the vehicle at all times while in service and when soliciting
passengers on behalf of Permittee.
5.4 Vehicle Maintenance and Records.
All Taxicabs shall be maintained in accordance with the service standards
recommended by the vehicle manufacturer. Service records and repair or maintenance
receipts shall be kept and made available to OCTAP Staff upon request.
5.5 Seating.
All Taxicabs shall be equipped to seat no more than eight (8) passengers,
excluding the driver.
6. TAXICAB OPERATION
A Driver must possess and display a valid Driver Permit at all times while providing
Taxicab service. Driver shall ensure that the Taxicab meets all requirements of the
OCTAP Regulations prior to placing the Taxicab in service. Any driver in possession of
an altered, copied, or defaced permit will not be considered in possession of a valid
Driver's Permit.
6.1 Solicitation.
Driver shall not leave his/her Taxicab to solicit passengers.
6.2 Fares Charged.
For pre -arranged trips, a Driver shall not charge fares higher than those disclosed
to the customer in accordance with Section 1.1.11. For on -demand (flagged) trips, the
Taxicab must possess a fully operational taximeter with current and intact seals, or any
type of device or technology approved by the Division of Measurement Standards to
calculate fares, including the use of Global Positioning System metering, provided that
the device or technology complies with Section 12500.5 of the Business and Professions
Code and with all regulations established pursuant to Section 12107 of the Business and
Professions Code. The customer shall not be charged a fare that exceeds the authorized
fare.
6.3 Receipt.
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Driver shall provide a receipt for the amount charged upon request of the person
paying the fare, which contains the Driver's name and permit number, telephone number,
Permittee name, charge amount, date, and time of transaction.
6.4 Accidents.
In the case of an automobile accident, unless rendered incapable, the Driver shall
comply with the minimum requirements for the mandatory exchange of information
established in California Vehicle Code § 16025.
6.5 Agency or other Transportation Agreements.
Permitted OCTAP Drivers may participate in agency or other transportation
programs within the jurisdiction of OCTAP under the following conditions:
6.5.1 The Driver must continue to follow all OCTAP Regulations.
6.5.2 The Driver must continue to display the OCTAP Driver Permit
regardless of any other identification that may be required by the
program or agency.
6.5.3 Taximeter must continue to be operated at any time that the Driver
is carrying a customer, regardless of any other fare agreement.
6.6 Advertising.
Every permitted Driver shall comply with Government Code § 53075.9 and include,
in every written or oral advertisement of the Driver's Taxicab services, the name of the
Permittee, the Permittee's OCTAP Permit number, and the Driver's OCTAP Permit
number. An advertisement includes, but is not limited to, the issuance of any card, sign,
or device to any person; the causing or allowing the placement of any sign or marking on
or in any building or structure; or an advertisement in any media form, including
newspaper, magazine, radio wave, satellite signal, or any electronic transmission, or in
any directory soliciting Taxicab transportation services.
7. REPORTING VIOLATIONS OF OCTAP REGULATIONS
OCTAP may investigate for violations of OCTAP Regulations and issue any
appropriate administrative actions, including fines. OCTAP will not investigate any
reports of alleged illegal Taxicab operation, such as bandit Taxicab activity, but may refer
such reports to the local code or law enforcement agency. A person reporting a violation
must provide OCTAP with their name and contact information.
Reports alleging illegal Taxicab operation or violation of the OCTAP Regulations
shall require all of the following information be provided:
6-71
• Date, time and location;
• Description of activity;
• Vehicle's license plate number, color, make and model, and any distinctive
characteristics.
Reports alleging a violation of Government Code § 53075.9 pertaining to
advertising must provide a copy or sample of the advertising information (such as the
sign, business card, advertising display, webpage, electronic recording or phone
directory) evidencing non-compliance with the statute.
8. APPEALS AND ADMINISTRATIVE HEARINGS
In the event a permit is denied, suspended, revoked, or a penalty is imposed, the
applicant, Permittee, or Driver shall be notified in writing of the adverse action and the
reason(s) supporting it.
8.1 Notice of Appeal.
No later than ten (10) calendar days following the date on the notice of adverse
action, the applicant, Permittee, or Driver may submit a written appeal on a form provided
by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the reason(s)
why such action is not proper. Failure to file a timely appeal shall constitute a waiver of
the right to an appeal.
8.2 Stay.
Except as provided in Section 8.3., if an appeal is properly filed the adverse action
shall be stayed pending the final determination on appeal.
8.3 Stay, Exception.
If OCTAP determines that the continued operation of a Taxicab, possession of a
Company Permit, or possession of a Driver Permit represents a health or safety hazard
for the public, the adverse action shall not be stayed pending the final determination on
appeal.
8.4 Initial Review of Appeal.
If an appeal is timely filed, OCTAP shall either make the final decision regarding
the appeal or shall assign a hearing officer to make the final decision regarding the
appeal. OCTAP may review the appeal and any additional information provided therein
and shall have the discretion to determine the appropriate action in response to the
appeal.
6-72
8.5 Hearing Officer.
In the event OCTAP elects to assign a hearing officer to decide the appeal then
the following shall apply:
8.5.1 The hearing officer shall not have participated in the decision which
is the subject of the appeal.
8.5.2 The hearing officer shall expeditiously schedule the appeal hearing.
8.5.3 The appellant and OCTAP shall each have the right to appear in
person and be represented by legal counsel or other representative,
to present evidence, to call and cross-examine witnesses under
oath, and to present argument.
8.5.4 The formal rules of evidence shall not apply, and any relevant
evidence that is the sort of evidence upon which responsible persons
are accustomed to rely in the conduct of serious affairs shall be
admissible.
8.5.5 Hearsay evidence may be considered by the hearing officer, but no
findings may be based solely on hearsay evidence unless supported
or corroborated by other relevant and competent evidence.
8.5.6 OCTAP may promulgate supplementary rules and procedures for the
conduct of the hearing, the forms of notice and proceedings, and the
preparation and submission of the record.
8.5.7 The hearing officer shall have the discretion to determine the
appropriate action in response to the appeal.
8.5.8 The decision of the hearing officer shall be the final administrative
remedy and shall be binding upon the parties to the appeal.
8.5.9 If the hearing officer decides to suspend or revoke a permit, the
appellant shall immediately surrender the permit to OCTAP.
8.6 Administrative Hearings.
Administrative hearings may be held at the discretion of OCTAP when the denial,
suspension, or revocation of a Company Permit or Driver Permit, or other administrative
actions, are initiated for good cause and in the interest of the health, welfare, and safety
of the public.
9. PERMIT FEES AND TAXICAB FARES
6-73
9.1 OCTAP Permit Fees.
A schedule for Permit fees will be proposed by OCTAP, reviewed by the Steering
Committee, and approved by the OCTA Board of Directors in the amount necessary to
recover all costs incurred by OCTA in the administration of OCTAP. The fee schedule
adopted by the OCTA Board of Directors is attached hereto as "Attachment 1."
9.2 Metered Rates.
Taxicab metered rates are established by OCTAP for on -demand (flagged) trips.
9.2.1 Each Agency agrees to adopt the metered rates approved by the
OCTAP Steering Committee, which is attached hereto as
"Attachment 2."
9.2.2 Proposed revisions to the Metered Rates will be provided by OCTAP
to the Steering Committee for approval, or the Steering Committee
may approve consideration of a revised Metered Rate recommended
by a member.
9.3 Refund Policy.
There shall be no refund of any portion of the fees described in the OCTAP
Regulations.
10. AMENDMENTS TO REGULATIONS
10.1 Administrative Amendments.
The Steering Committee may adopt administrative amendment(s) to the OCTAP
Regulations. OCTAP shall notify each Agency and the OCTA Board of Directors of any
changes adopted pursuant to this Section.
10.2 Substantive Amendments.
Notwithstanding Section 10.1, the Steering Committee is not authorized to adopt
substantive amendments to the OCTAP Regulations. Any substantive amendment shall
be recommended by the Steering Committee and be approved by each Agency. These
amendments shall be effective only in the Area of Jurisdiction of each Agency that has
approved the amendment(s). For purposes of this Section, a substantive amendment is
defined as an amendment likely to have any of the following effects:
10.2.1. Affect the rights, responsibilities, and participation of any Agency
(such an amendment must also be approved by the OCTA Board of
Directors).
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10.2.2. Decrease the number of Companies or the number of Taxicabs
operating in the Area of Jurisdiction of any Agency.
10.2.3. Affect the purpose of the OCTAP Regulations.
10.3 OCTAP Permit Fees and Taxicab Metered Rates.
10.3.1. Sections 10.1 and 10.2 above shall not apply to an amendment to
the OCTAP fee schedule, attached hereto as Attachment I," which
is adopted by the OCTA Board of Directors.
10.3.2 An amendment of the Taxicab Metered Rates for On -Demand
(Flagged) Trips attached hereto as "Attachment 2" and adopted
pursuant to Section 9.2 of these Regulations shall be considered an
administrative amendment pursuant to Section 10.1 in order to
ensure uniformity of fares within Orange County.
--End of Regulations --
6- 75
OCTAP Regulations — Attachment 1
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM
OCTAP FEE STRUCTURE
(OCTA IS CURRENTLY ANA YZING FEE STRUCTURE. THIS IS A PLACEHOLDER UNTIL
FEES ARE APPROVED BY OCTA'S BOARD OF DIRECTORS)
6-76
OCTAP Regulations — Attachment 2
ORANGE COUNTY APPROVED TAXICAB METERED RATES
FOR ON -DEMAND (FLAGGED) TRIPS
Effective: , 2019
$3.50 for the flag drop and first 1/5 mile
$0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile)
$32.00 per hour wait time (Approximately $0.53 per minute)
No Extra Charge for Additional Passengers.
6-77
OCTAP Regulations — Attachment 3
OCTAP ADMINISTRATIVE ACTION AND FINES SCHEDULE
Effective: , 2019
6-78
FINES
DESCRIPTION
(per
ACTION
occurrence
Advertising
Failure to include, in any form of advertisement; the
Up to
Escalating fines per advertising
company permit number and company name associated
$5,000
occurrence, up to $5,000 per incident.
with the permit.
Taxicab permit
Warning or suspension of company permit
Valid permit must be affixed to taxicab. Not in Service
$500
and revocation of all taxicab permits.
signs required if cab is not available for service.
Renewal, replacement, or re -inspection
and fees apply.
Random drug and alcohol testing
Warning or suspension of company permit
Failure to maintain program in accordance to the policy
$500
and revocation of vehicle permits. Re-
submitted to OCTAP.
inspection and fees apply.
Unauthorized driver
Warning or suspension company permit
Allowing a non -permitted individual or a driver to operate a
$500
and revocation of all vehicle permits. Re-
Re -
taxicab without establishing a lease or owner -operator
inspection and fees apply.
—agreement.
Insurance
Suspension of company permit and
Failure to submit renewal at least one business day prior to
$250
revocation of vehicle permits on insurance
policy expiration, incomplete submission, unqualified
policy expiration date. Re -inspection and
•
insurance provider, or inadequate coverage.
fees apply.
Fares
Warning or suspension of company permit
Operating or allowing a driver to use a rate higher than
$250
and revocation of vehicle permits. Re-
authorized fares.
inspection and fees may apply.
Failure to Cooperate or Comply with Regulations
Failure to respond or provide documents requested by
Warning or suspension company permit
OCTAP and any failure to comply with regulations not
$250
and revocation of all vehicle permits. Re -
specifically addressed in Administrative Action and Fines.
inspection and fees apply.
Vehicle Registration
Warning or suspension of company permit
Expired vehicle registration or operating a vehicle not
$250
Re-
and revocation of vehicle permits. Re-
registered to the OCTAP Permittee or affiliated permitted
inspection and fees apply.
driver.
Taximeter or Approved Metering Device
Warning or suspension of company permit
Broken or missing seals, outdated seals, non-functioning
$100
Re -
and revocation of vehicle permits. Re -
meter, or a taximeter or metering device that charges a fare
inspection and fees apply.
other than the authorized metered rate.
Dispatch
Fine will increase to $250 after second
Failure to provide reservation and dispatch services or
offense in a 24 month period. May result
records in accordance to company policy submitted to
$100
in suspension of company permit and
OCTAR or failure to provide dispatch records to OCTAP
revocation of all vehicle permits. Re -
upon request.
inspection and fees apply.
DMV Pull Notice Program
Failure to maintain an active program, to enroll driver(s), to
Warning or suspension of company permit
notify OCTAP of non-qualified driver(s) as required, or to
$100
and revocation of vehicle permits. Fine
provide pull notice records to OCTAP upon request.
may increase for repeated occurrences
6-78
6-79
Customer Information
Failure to display required interior information; out of
$50
Warning. Re-inspection and fees apply.
service sign
Driver Affiliation Notification
Warning or suspension of company permit
Failure to notify OCTAP of non-qualified or unauthorized
$50
and revocation of all vehicle permits. Re-
driver(s) within 48 hours.
inspection and fees apply.
Advertising
Failure to include in any advertisement the OCTAP issued
Up to
Escalating fines per occurrence, up to
company and driver permit number and affiliated taxicab
$5,000
$5,000 per incident.
company name.
Operating an Unsafe Vehicle
Driver shall ensure daily that the taxicab meets all safety
$250
Vehicle may be placed Out of Service. Re-
and inspection standards prior to placing the taxicab in
inspection and fees may apply.
service.
Fares
Failure to run taximeter or approved metering device;
charging a fare that exceeds authorized metered rate for on
$250
Repeated occurrence may result in
demand (flagged) trip; or charging more than the agreed-
suspension or revocation of Driver Permit.
upon price for prearranged trips booked through the
permitted taxicab company.
Failure to Comply with Regulations
L
Allowing another person to use your driver permit, a non-
permitted person, or driver not affiliated with Permittee to
Warning, suspension, or revocation of
Z;
operate your taxicab. Operating a taxicab without a lease
$250
driver permit.
Qor
operating agreement with Permittee; and any other
failure to comply with regulations not specifically addressed
in Administrative Action and Fines.
V
Acceptance of Payments
$100
Warning, suspension, or revocation of
.2
Failure to accept Visa and/or MasterCard payments
driver permit for repeat offenses.
XCompany
Affiliation
Driving a taxicab for a company not identified on your driver
$100
Warning, suspension, or revocation of
permit.
driver permit.
,O
Failure to Cooperate
Fail to to to documents
$100
Warning, suspension, or revocation of
respond requests, or provide
driver permit.
requested b OCTAP staff.
_
.a
Altered Permit
$100
Warning, suspension, or revocation of
Possession or use of an altered OCTAP permit.
driver permit.
Q
Taximeter
Broken or missing seals, outdated seals, non-functioning
$50
Taxicab will be placed Out of Service. Re-
meter.
inspection and fees will apply
Receipt
Failure to provide a receipt or to provide a receipt that
$25
Re-inspection and fees may apply.
meets requirements set forth in regulations.
Driver Permit
Failure to display as required.
$25
Fine increases to $50 after second offense
in a 24 month period.
Insurance and Registration
$25 per
Fines increasing to $50 per item after
Failure to produce evidence of current insurance and/or
item
second offense in a 24 month period.
registration
6-79
ATTACHMENT D
RESOLUTION NO. 2019-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM
REGULATIONS
WHEREAS, pursuant to Government Code Section 53075.5, cities are required to
protect the public health, safety and welfare by adopting an ordinance or resolution in
regard to taxicab transportation services that are operated within the jurisdiction of said
city;
WHEREAS, Government Code Section 53075.5 permits a city to enter into an
agreement with a transit agency for the purpose of administering permits on behalf of a
city;
WHEREAS, Orange County cities ("Member Agencies") have formed a voluntary
association, the Orange County Taxi Administration Program ("OCTAP"), to coordinate
taxicab services, permitting and other administrative functions with the Orange County
Transportation Authority ("OCTA") in order to increase public safety, to reduce
administrative costs for the public and private sector, and to expand the provisions of
private transportation service in Orange County;
WHEREAS, on December 8, 1997, the City of Newport Beach ("City") entered into
an interagency agreement with OCTA in which the City agreed to participate as a member
agency in OCTAP and the OCTA agreed to provide the staff and administrative services
necessary to implement OCTAP;
WHEREAS, the OCTAP established uniform regulations ("OCTAP Regulations")
applicable to taxicab companies and taxicab drivers, adopting minimum standards for
insurance, equipment, mechanical conditions, taxicab fares, and other aspects of taxicab
operations and are designed to comply with the City's responsibilities under Government
Code Section 53075.5;
WHEREAS, on February 5, 2019, the OCTAP Steering Committee reviewed and
approved revised OCTAP Regulations to further protect the health, safety, and welfare of
persons utilizing taxicab services in Member Agencies' jurisdictions; and
WHEREAS, the City Council of the City of Newport Beach desires to ratify and
adopt the revised OCTAP Regulations dated February 5, 2019, by this Resolution.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
.M
Resolution No. 2019 -
Page 2 of 3
Section 1: The City Council does hereby repeal Resolution No. 2009-85 and
Resolution No. 97-83, and does hereby ratify and adopt the OCTAP Regulations dated
and approved by the OCTAP Steering Committee on February 5, 2019, which
Regulations are attached hereto as Attachment A.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of February, 2019.
Diane B. Dixon
Mayor
Resolution No_ 2019 -
Page 3 of 3
F-AWRI15
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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City orney
Attachment A: Orange County Taxi Administration Program Regulations Effective
February 5, 2019