Loading...
HomeMy WebLinkAbout97-83 - Taxi Cab RegulationsRESOLUTION NO. 97 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH ESTABLISHING REGULATIONS FOR THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM ( OCTAP), APPLICATION PROCEDURES FOR THE OPERATION OF A TAXICAB SERVICE, AND OCTAP RATES OF FARE AND REGULATORY FEES IN THE CITY OF NEWPORT BEACH WHEREAS, California Government Code Section 53075.5 requires the City to adopt an ordinance or resolution in regard to taxicab transportation service within the City, including regulation of employment of taxicab drivers, establishment or registration of rates for taxicab transportation service, and a drug and alcohol testing program; and WHEREAS, the City of Newport Beach has entered into an interagency agreement with the Orange County Transportation Authority in which the City agreed to participate in the Orange County Taxi Administration Program ( OCTAP) and the Orange County Transportation Authority agreed to provide the staff and administrative services necessary to implement the program; and WHEREAS, the Orange County Transportation Authority has determined the cost of administering the program and has established certain fees covering those costs; and WHEREAS, OCTAP has established a schedule of rates of fare for taxicab transportation services, which rates of fare are reasonable. • THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY RESOLVES AS FOLLOWS: I. REGULATIONS FOR THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM Purpose 1.1. These regulations implement the provisions of Chapter 5.17 of the Newport Beach Municipal Code regulating taxicab service within the City. 2. Taxicab Business Permits 2.1. No company shall operate a taxicab business within the city without having first obtained a Taxicab Business Permit from OCTAP. 2.2. A Taxicab Business Permit shall be issued from OCTAP if all of the following conditions have been satisfied: 2.2.1. Submission of a completed Taxicab Business Permit application. 2.2.2. Submission of a copy of applicant's drug and alcohol policy meeting OCTAP requirements. Res 97 -83 2.2.3. Submission of evidence of insurance, in full force and effect, in such form as required by OCTAP, issued by a solvent and responsible company licensed • to do business in the state, insuring the applicant against loss by reason of injury or damage that may result to persons, including taxicab passengers, or property, from the negligent operation or maintenance of such taxicab. Applicant shall provide a Certificate of Insurance showing that the applicant is insured for minimum combined single limit of one million dollars ($1,000,000) for the injury or death of one or more persons in the same accident, and one hundred thousand dollars ($100,000) for injury or destruction of property. In addition, applicant shall provide certified copies of endorsements to the insurance policy (1) naming the cities participating in the Orange County Taxi Administration Program and the Orange County Transportation Authority, its officers, directors, employees and agents as additional insureds; and (2) indicating that coverage shall not be reduced, terminated or canceled without thirty (30) days' prior written notice to OCTAP. OCTAP reserves the right to request certified copies of all related insurance policies. 2.2.4. Submission of financial documents and other information as required by OCTAP. 2.2.5. Submission of Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code Section 1808.1. Company is required to immediately notify the OCTAP Administrator if it receives a DMV Pull Notice on one of their drivers which would affect the driver's OCTAP Driver's Permit. In the event the driver's DMV record indicates he /she no longer qualifies for a Driver's Permit, company shall require driver to turn over Driver's Permit to company. Company shall return the Driver's Permit to the OCTAP Administrator. DMV Pull Notice • records shall be made available to the OCTAP Administrator upon request. 2.2.6. Submission of proof of current California Department of Motor Vehicles registration for each vehicle listed in the Taxicab Business Permit application. All vehicles listed in the Taxicab Business Permit application shall be owned by the applicant. 2.2.7. Every owner, partner or principal officer of applicant has submitted to fingerprinting by the Orange County Sheriff's Department. 2.2.8. Every owner, partner or principal officer of applicant has successfully cleared a local background check. 2.2.9. Submitted payment of all applicable fees including, but not limited to, background check fee, Taxicab Business Permit application fee, Taxicab Vehicle Permit application fee, etc. 2.3. A Taxicab Business Permit shall be denied if any owner, partner or principal officer of applicant fulfill any of the following grounds for denial: 2.3.1. Under the age of 18 years. 2.3.2. Falsification of material information on application for Taxicab Business Permit within the past one (1) year. • 2.3.3. Registered sex offender pursuant to California Penal Code Section 290. Res 97 -83 2.3.4. On formal probation or parole for any offense outlined in Section 3.3 of these regulations. . 2.3.5. Conviction (or plea of guilty or nolo contendere) in any state for any of the following: murder, robbery, pandering, pimping, crimes related to the sale or transportation of controlled substances, crimes involving the use of a weapon, or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a taxi owner. 2.3.6. Conviction (or plea of guilty or nolo contendere) in any state for a felony other than those listed in the previous section within eight (8) years of application. 2.3.7. Any conviction (or plea of guilty or nolo contendere), within five (5) years of application, in any state or any final administrative determination of a violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the Taxicab Business Permit under these regulations. 2.4. At the time the Taxicab Business Permit application is submitted, applicant shall provide to OCTAP a list of drivers authorized to operate the vehicles identified in the Taxicab Business Permit. 2.4.1. Permittee shall provide OCTAP with notice by fax within seventy -two (72) hours in the event that any driver listed in the Taxicab Business Permit is • no longer authorized to operate a vehicle identified in the Taxicab Business Permit. 2.5. Upon company's successful satisfaction of the conditions listed above, company shall be issued an OCTAP Taxicab Business Permit. 2.6. Once OCTAP issues a Taxicab Business Permit, the company must then be authorized by the City and must pay any applicable business license tax before operating in the city. 2.7. A Permittee may add additional drivers to its list of drivers authorized to operate the vehicles identified in the Taxicab Business Permit, provided that: 2.7.1. Permittee has submitted to OCTAP an Intent to Hire /Intent to Lease a Taxicab form identifying the driver as being employed or given a written offer of employment or as being a self - employed independent contractor of the company; and 2.7.2. The driver to be added has been issued a Driver's Permit by OCTAP which states the driver is affiliated with the Permittee and identified as either an employee or leased driver. 2.8. The Taxicab Business Permit is valid for one (1) year from the date of its issuance unless sooner suspended or revoked. 2.9. At least thirty (30) days prior to expiration of the Taxicab Business • Permit, the Permittee should submit an application for renewal of its Taxicab Business Permit pursuant to Section 3 of these regulations. Res 97 -83 2.10. A Taxicab Business Permit may be suspended or revoked by the OCTAP Administrator for any of the following reasons: • 2.10.1. Providing false or inaccurate information in the Taxicab Business Permit application. 2.10.2. Allowing operation of a taxicab by a person not in possession of a valid Driver's Permit stating that the driver is affiliated with the company. 2.10.3. Failure to comply with the applicable provisions of these regulations. 2.10.4. Failure of authorized drivers to comply with the applicable provisions of these regulations. 2.10.5. Operation of any taxicab at a rate of fare other than those fares adopted by the City. 2.10.6. Failure to cooperate with local agency law enforcement, code enforcement officers, and/or OCTAP Administrator. 2.11. In lieu of revocation or suspension, the OCTAP Administrator may impose a fine, or a fine and a period of suspension. 2.12. A Taxicab Vehicle Permit applicant may appeal a permit denial, • suspension or revocation in accordance with the appeal provisions set by OCTAP. 3. Vehicle Inspections 3.1. Upon issuance of a Taxicab Business Permit and prior to operating, Permittee shall bring each vehicle listed in the Permit to the OCTAP facility for a vehicle inspection. OCTAP may, at its discretion, conduct vehicle inspections at the operators facility. 3.2. Upon meeting all requirements and passing the vehicle inspection, OCTAP shall issue a nontransferable Taxicab Vehicle Permit sticker for each approved vehicle. The Taxicab Vehicle Permit sticker shall immediately be affixed to the left -hand comer of the rear windshield of the vehicle for which the sticker is issued. The Taxicab Vehicle Permit is valid for one (1) year. 3.3. Vehicles that fail a vehicle inspection shall pay the reinspection fee and be presented for reinspection after the identified corrections have been made. If such corrections have been made and if the vehicle otherwise complies with these vehicle inspection standards, a Taxicab Vehicle Permit shall be issued. 3.4. In addition to the initial and annual vehicle inspection, all taxicabs operated under OCTAP shall submit to on- the -road or random inspections by OCTAP inspectors or authorized city peace officers and code enforcement officials when requested. Failure to submit to an inspection may result in revocation of the Taxicab Vehicle Permit. . The OCTAP inspector shall complete an inspection report at the time of inspection which shall indicate, in the opinion of the OCTAP inspector, what repairs, if any, need to be made to the vehicle. One copy of the report shall be given to the driver. OCTAP shall mail a copy of the report to the company to whom the vehicle is registered. 4 Res 97 -83 3.4.1. If the inspection report indicates the need for repairs to a vehicle, the company is required to bring the vehicle to OCTAP for reinspection within the • time frame provided in the report to verify that the required repairs have been made. A reinspection fee shall be required at time of reinspection. 3.4.2. In the event that repairs have not been made to a vehicle within the time frame provided for in the report, the Taxicab Vehicle Permit sticker shall be revoked until corrections have been made to the satisfaction of OCTAP. 3.5. Perrnittee may replace any of the vehicles listed in the Taxicab Business Permit with another vehicle upon satisfaction of all of the following conditions: 3.5.1. Surrender of the vehicle to be replaced to OCTAP for removal of the Taxicab Vehicle Permit sticker. replacement vehicle. 3.5.2. Successful passing of a vehicle inspection by the 3.5.3. Payment of the Taxicab Vehicle Permit transfer fee. 3.5.4. Upon satisfaction of the conditions stated above, OCTAP shall delete the vehicle identification number of the vehicle to be replaced in the Taxicab Vehicle Permit and add the vehicle identification number of the replacement vehicle. OCTAP shall issue a new Taxicab Vehicle Permit sticker for the replacement vehicle which shall be valid for the term remaining under the Taxicab Vehicle Permit sticker of the • replaced vehicle. 3.6. The Taxicab Business Permit shall be renewed annually by bringing each vehicle listed in the permit application to the OCTAP facility for a vehicle inspection and paying all applicable fees. OCTAP may, at its discretion, conduct vehicle inspections at the operator's facility. 3.7. Upon the successful completion of the vehicle inspection, OCTAP shall place a new expiration date sticker on the Taxicab Vehicle Permit sticker for each of the vehicles registered in the Taxicab Business Permit. 4. Drivers' Permits 4.1. No person shall drive a taxicab within an OCTAP city without having first obtained either a temporary or a permanent Driver's Permit from OCTAP. 4.2. A temporary Driver's Permit may be obtained from OCTAP, provided that the prospective driver has satisfied the following conditions: 4.2.1. Submitted a completed Driver's Permit application; 4.2.2. Submitted the Driver's Permit application fee; • 4.2.3. Presented a valid California Driver's License; Res 97 -83 4.2.4. Submitted two current 2" x 2" professional quality color photos (passport photos) of the applicant; • 4.2.5. Submitted an Intent to Hire /Intent to Lease a Taxicab form signed by the company for whom the applicant intends to drive a taxicab; 4.2.6. Successfully passed a drug and alcohol screening test within the previous thirty (30) days in compliance with California Government Code Section 53075.5 (b) (3); Department; 4.2.7. Submitted to fingerprinting by the Orange County Sheriff's 4.2.8. Successfully cleared a local background check; and 4.2.9. Submitted payment of all applicable fees, including the background check fee and Driver's Permit application fee. 4.3. The temporary Driver's Permit shall be valid for ninety (90) days and shall be replaced by a permanent Driver's Permit within such ninety (90) days unless extended by OCTAP for a specified period. 4.4. A permanent Driver's Permit shall be issued once the applicant has successfully cleared a State Department of Justice background check. 4.5. A permanent Driver's Permit is valid for one (1) year from the date the • temporary Permit was issued, unless sooner suspended, revoked or otherwise terminated. 4.6. A driver who has been issued an OCTAP Driver's Permit may only pick up passengers in those cities which have authorized the company he /she represents. 4.7. At least ten (10) working days prior to expiration of the Driver's Permit, the driver should re -apply for a Driver's Permit pursuant to Section 5 of these regulations. 4.8. All Driver's Permits issued by OCTAP, including temporary Drivers Permits, shall be valid only for the drivers operation of a taxicab for the company indicated on the Drivers Permit. No driver may operate a taxicab for a company other than the company listed on the drivers Drivers Permit. 4.9. A replacement Drivers Permit may be obtained from OCTAP, provided that the driver has satisfied the following conditions: 4.9.1. Submitted a replacement Drivers Permit form along with the Drivers Permit replacement fee; and 4.9.2. Provided one current 2" x 2" professional quality color photo (passport photo). • 4.10. The replacement Drivers Permit shall expire on the same date as the replaced Permit. 51 Res 97 -83 4.11. A Driver's Permit applicant may appeal a permit denial in accordance with the appeal provisions set by OCTAP. • 4.12. A Drivers Permit shall be denied if applicant meets any of the following grounds for denial: 4.12.1. Under the age of 18 years. 4.12.2. Does not possess a valid California Drivers License (Class C). 4.12.3. Falsification of material information on application for Drivers Permit within the past one (1) year. 4.12.4. Required to register as a sex offender pursuant to California Penal Code Section 290. 4.12.5. On formal probation or parole for any offense outlined in Section 5.12 of these regulations. 4.12.6. Any conviction (or plea of guilty or nolo contendere) in any state of any of the following or their equivalent: murder, a violation of California Vehicle Code Section 2800.2 (pertaining to disregard for safety of persons or property), Section 2800.3 (pertaining to flight from peace officer causing death or bodily injury), or Section 20001 (pertaining to duty to stop at scene of accident); robbery; pandering; pimping; crimes • related to the use, sale, possession, or transportation of controlled substances; crimes involving weapons; any crime for which registration would be required under California Penal Code Section 290; or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a taxi driver, 4.12.7. Conviction of a felony other than those listed in the previous section within eight (8) years of application. 4.12.8. Conviction of any of the following within five (5) years of application: reckless driving, driving under the influence of intoxicating liquors or drugs, a violation of California Vehicle Code Section 2800.1 (pertaining to flight from peace officer), Section 20002 (pertaining to duty where property damaged), Section 20003 (pertaining to duty upon injury or death) or any corresponding substitute sections, vehicular manslaughter, assault, or battery. 4.13. A Drivers Permit may be suspended or revoked by the OCTAP Administrator for the following reasons: 4.13.1. Failure to comply with the applicable provisions of these regulations; 4.13.2. Circumstances furnishing grounds for the denial or refusal to renew the Drivers Permit as outlined in these regulations; . 4.13.3. Revocation or suspension of Permittee's California- Drivers License; 7 Res 97 -83 4.13.4. Failure to cooperate with local agency law enforcement, code enforcement officers and /or OCTAP Administrator; or • 4.13.5. Notification to OCTAP by the taxicab company that the Permittee is no longer an authorized driver. 4.14. In lieu of revocation or suspension, the OCTAP Administrator may impose a fine, or a fine and a period of suspension. 5. Vehicle Inspection Standards 5.1. The minimum vehicle standards are those of the California Vehicle Code (CVC). All taxicabs shall meet all applicable standards of the CVC, as well as the following, in order to pass the OCTAP vehicle inspection. 5.1.1. Body Condition 5.1.1.1 No body damage, tears or rust holes in the vehicle body and /or loose pieces hanging from the vehicle body are permitted. Front and rear fenders, bumpers, and light trim shall be securely fixed to the vehicle. 5.1.1.2. The exterior of the vehicle shall be maintained in a reasonably clean condition. 5.1.2. Brake System • 5.1.2.1. Per CVC 26453. 5.1.3. Defroster Operation 5.1.3.1. Per CVC 26712. 5.1.4. Exhaust System 5.1.4.1. Per CVC 27153. 5.1.5. Fuel Tank Cap 5.1.5.1. Per CVC 27155. 5.1.6. Hom 5.1.6.1. Per CVC 27000. 5.1.7. Hubcaps 5.1.7.1. Hubcaps or wheel covers shall be on all wheels for which hubcaps are standard equipment. . 51.8. Interior Condition E:] Res 97 -83 5.1.8.1. Passenger compartment, driver compartment, and trunk or luggage area shall be clean and free of foreign matter, offensive odors, and litter. • 5.1.8.2. Seat upholstery shall be clean. Interior walls and ceiling shall be kept reasonably clean. No rips or tears are permitted. All repairs shall be done so as to reasonably match the existing interior. operational. 5.1.8.3. Door handles and doors shall be intact, clean and 5.1.9. Interior Information 5.1.9.1. A 4" x 6" information card shall be displayed in plain view of all passengers at all times that a taxicab is in operation. 5.1.9.2. The information card shall contain the following information on the permit holder: company name, business address, telephone number, and rate schedule approved by the City. 5.1.9.3. The valid Drivers Permit issued to the operating driver shall be in plain view of all passengers at all times that the taxicab is in operation. 5.1.10. License Plates • 5.1.10.1. Per CVC 5202. 5.1.11. Lights 5.1.11.1. Headlights shall be operational on both high and low beams (CVC 24400). 5.1.11.2. Tail lights shall be operational (CVC 24600). 5.1.11.3. Emergency flashers shall be operational (CVC 24252). 5.1.11.4. Reverse lights shall be operational (CVC 24606(a)). 5.1.11.5. Turn signal lights shall be operational (CVC 24951(b)(1)). 5.1.11.6. Brake lights shall be operational (CVC 24603(b)). 5.1.11.7. License plate light shall be operational (CVC 24601). 10 5.1.11.8. Interior lights shall be operational. 5.1.12. Markings 9 Res 97 -83 5.1.12.1. Exterior markings shall consist of company name, phone number, body number and other OCTAP approved logo. Such exterior markings • shall be properly and neatly placed and easy to read (in contrasting colors). 5.1.12.2. Company name shall be placed on each side of vehicle in letters not less than three (3) inches in height (in contrasting colors). 5.1.12.3. Vehicle number shall be placed on each side and rear of vehicle in numbers not less than four (4) inches in height. 5.1.13. Mirrors 5.1.13.1. Per CVC 268709. 5.1.14. Muffler 5.1.14.1. Per CVC 27150(a). 5.1.15. Parking Brake 5.1.15.1. Per CVC 26451. 5.1.16. Proof of Insurance 5.1.16.1. Per CVC 16020 through 16028. • 5.1.17. Radio working order. 5.1.17.1. Vehicle shall be equipped with a two -way radio in 5.1.18. Seat Belts 5.1.18.1. Per CVC 27315. 5.1.19. Steering and Suspension System 5.1.19.1. Vehicle's steering and suspension system shall be in good mechanical order (CVC 24002(a)(b)). 5.1.20. Taximeter and Meter Seals 5.1.20.1. All vehicles shall have a taximeter in working order. 5.1.20.2. All taximeters shall have an intact meter seal. 5.1.20.3. Taximeters shall be certified by the County Sealer . of Weights and Measures. The date on the seal shall not be more than thirteen (13) months old. 10 Res 97 -83 5.1.20.4. The taximeter shall be placed in the taxicab so that the reading dial showing the amount of fare to be charged shall be well lighted and easily read by the passenger. • 5.1.20.5. A vehicle shall be placed out of service if the meter is not working, the lead seal is broken, or the approved rate of fare is not being charged. 5.1.21. Tires 5.1.21.1. Per CVC 27465(b). 5.1.21.2. Every vehicle shall be equipped with a jack, tire changing tool, and an inflated spare tire. A company may be exempted from this requirement upon proof the company has a contract with a towing company and a policy in place to send another taxicab vehicle for the stranded passengers. 5.1.22. Windows 5.1.22.1. Rear windshield per CVC 26710. 5.1.22.2. Safety glass shall be in all windows. 5.1.23. Windshield Wipers 5.1.23.1. Per CVC 26707. • 6. Appeals 6.1. Appeal procedure for denial, suspension or revocation of permit or related adverse action: 6.1.1. In the event a permit is proposed to be denied, suspended or revoked, the applicant/permittee shall be notified in writing of the proposed adverse action and reason(s) therefor. 6.1.2. Within ten (10) days of the date of the notice of proposed adverse action, the applicant/permittee shall submit a written appeal on a form provided by OCTAP. The applicant/permittee shall set forth in the appeal the reasons why such action is not proper. Failure to file such an appeal within the time frame indicated shall constitute waiver of the right to an appeal, and the proposed adverse action shall become final and any permit surrendered immediately. 6.1.3. Except as provided in Section 7.1.4, once an appeal is filed, the adverse action shall be stayed pending the final determination of the appeal. 6.1.4. If, in the OCTAP Administrator's opinion, the continued operation of a taxicab vehicle or possession of a Driver's Permit represents an unsafe • condition for the public, the adverse action shall not be stayed. 6.1.5. If an appeal is timely filed, the OCTAP Administrator shall review the appeal, and based on additional information provided therein, may revise his 11 Res 97 -83 findings and penalty in accordance with the additional information provided. In the alternative, the OCTAP Administrator may cause the appeal to be assigned to a Hearing Officer. • 6.1.5.1. The OCTAP Administrator shall maintain a list of qualified Hearing Officers, who shall not be employees of OCTA, and shall regularly rotate assignments based on availability of the proposed Hearing Officers. 6.1.5.2. The Hearing Officer shall expeditiously schedule the appeal hearing 6.1.6. The appellant and the OCTAP Administrator or designee shall each have the right to appear in person and be represented by legal counselor other representative, to present evidence, to call and cross - examine witnesses under oath, and to present argument. 6.1.6.1. The formal rules of evidence shall not apply, and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs shall be admissible. 6.1.6.2. Hearsay evidence may be considered by the Hearing Officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. 6.1.7. The OCTAP Administrator shall promulgate supplementary • rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. 6.1.8. The decision of the Hearing Officer shall be the final administrative remedy and shall be binding upon the parties to the appeal. 6.1.9. If the Hearing Officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to the OCTAP Administrator. 7. Refund Policy 7.1. There shall be no refunds of any portion of the fees described in these regulations. 8. Administrative Changes to Reaulations 8.1. OCTAP is authorized to make administrative changes to these regulations upon written notification to the City. H. APPLICATION PROCEDURES FOR THE OPERATION OF A TAXICAB SERVICE 1. Application for a Taxicab Business Permit. Any person desiring to obtain a permit to operate a taxicab service under Chapter 5.17 of the Newport Beach Municipal • Code shall submit a written application to the City on an application form provided by the City. Applications shall be signed under penalty of perjury and shall contain all of the following information: 12 Res 97 -83 A. Name, residence address, and telephone number of the applicant. • B. Business name, address, and telephone number of the applicant. C. The number of vehicles to be operated under the permit. D. Evidence of a current Orange County Taxi Administration Program ( OCTAP) company permit and vehicle permits for each of the vehicles to be used in the city. E. Agreement to adhere to all Newport Beach performance standards. These performance standards are to provide taxicab service to any point within the city, 24 hours per day, each day of the year, with a minimum waiting time between the solicitation of a ride by a customer and the arrival of the taxicab of not more than 30 minutes, at least 90 percent of the time. III. OCTAP RATES OF FARE AND REGULATORY FEES Adopts rates of fare established by OCTAP, which rates of fare are: $1.90 first one -sixth (1/6) mile $0.30 each additional one -sixth (1/6) mile • $22.00 maximum per hour waiting fee No charge for first three minutes of waiting time. No extra charge for additional passengers. 2. Authorizes the Orange County Transportation Authority to establish fees for OCTAP permits and other services not to exceed the cost of administering the program. 3. Authorizes the City Manager or City Manager's designee to approve minor modifications to the rates of fare and regulations as established by OCTAP. ADOPTED BY THE NEWPORT BEACH CITY COUNCIL on December 8th 1997. • ATTEST: of., (J& „r " M , aka” LaVonne Harkless, City Clerk Mayor 13 STATE OF CALIFORNIA } • COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -83, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of December, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, and Mayor Edwards Noes: Hedges Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of December, 1997. • (Seal) • �.e City Clerk of the City of Newport Beach, California �h Fes. ry q