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SR - ORD-17-18 - ORANGE COUNTY TAXI ADMINISTRATION PROGRAM ���oFPO�o�� . U, AGENDA ITEM r. '1'L� *! i* O`:: �a �ti;. �r� G'F•.;�s,t s,,���� `�►��P'�' December 11, 2018 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Will Kolbow, Administrative Services Director� ����� REVIEW: City Manage inance ��� 1. SUBJECT An Ordinance of the City Council of the City of Orange amending Title 5 of the Orange Municipal Code repealing and replacing Chapter 5.79 adopting the 2019 Regulations of the Orange County Taxi Administration Program, Ordinance No. 17-18 (First Reading). 2. SUMMARY In November 2018, the City Council approved a cooperative agreement with the Orange County Transportation Authority and other cities within Orange County to provide for the continuing administration of the Orange County Taxi Administration Program in light of recent legislation changes. This ordinance will adopt the new program regulations by reference and will incorporate any future changes to those regulations. 3. RECOMMENDED ACTION Approve Ordinance No. 17-18 for first reading. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOALS Goal 1: Provide for a safe community b: Provide and maintain infrastructure necessary to ensure the safety of the public. Goal 2: Enhance and promote quality of life in the community � e: Develop and strengthen collaborative partnerships to enhance and promote quality programs, projects, and services. 6. DISCUSSION AND BACKGROUND The Orange County Transportation Authority (OCTA) has administered Orange County Taxi Administration Program (OCTAP) on behalf of Orange County cities since 1998. At that time, OCTAP was created to consolidate the licensing, application, and ITEM �5 1 12/11/2018 administrative functions to assist cities in meeting their requirements as set for in Government Code Section 53075.5 and Vehicle Code 21100, et. seq. OCTA was asked to administer the new program, and the member agencies, of which the city is one, entered into interagency agreements. The city adopted Chapter 5.79 of the Orange Municipal Code (OMC), which signaled the city's intent to adopt OCTAP regulations. Subsequently, the city has passed several Resolutions to adopt the OCTAP regulations, the latest of which is Resolution 10406, adopted in 2010. With Governor Brown's signing of taxi regulation legislation AB 1069 (Chapter 753, Statutes of 2017) in October 2017, OCTAP, as it exists currently, cannot continue. All cities have historically been required by the Government Code to regulate taxicabs. Under AB 1069, however, only those certain cities and counties where taxicabs are "substantially located" are required 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. As a result, discussions ensued between OCTA, the Orange County City Managers Association (OCCMA), and OCTAP stakeholders. OCCMA queried all OCTAP member agencies, whom unanimously agreed to request that OCTA continue to administer OCTAP beginning January 1, 2019, for an initial term of two years. In November 2018, the City Council approved a cooperative agreement with OCTA and other cities within Orange County for OCTA to continue as the administrator of OCTAP. There are taxicabs that are substantially located in Orange and, as a result, would require the City to regulate them. Absent the cooperative agreement, the cost of regulating taxicabs in the City would be substantially more. As part of the transition, OCTA will adopt new regulations in regards to OCTAP to be effective on January 1, 2019. Ordinance No. 17-18 will repeal and replace Chapter 5.79 of the OMC to adopt the new OCTAP regulations by reference. 7. ATTACHMENT • Ordinance No. 17-18 ITEM 2 12/11/2018 ORDINANCE N0. 17-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 5 OF THE - ORANGE MUNICIPAL CODE REPEALING AND REPLACING CHAPTER 5.79 ADOPTING THE 2019 REGULATIONS OF THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM WHEREAS,the State of California adopted new statutes regulating taxicabs; and WHEREAS, these statutes now prohibit cities from regulating taxis unless the taxi corripany is "substantially located" in the municipality, or unless cities enter into an agreement with a transit agency for administering or regulating taxicabs; and WHEREAS, the Orange County Transit Authority (OCTA) has agreed to be the administrator for Orange County; and WHEREAS, the City of Orange has agreed to enter into a cooperative agreement with OCTA and other cities within Orange County for this administration and regulation; and WHEREAS, in order to carry out this administration, OCTA has prepared regulations . which must be adopted by the city and codified into the Orange Municipal Code to give them the force of law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 5.79 of Title 5, is hereby repealed and replaced by this new Chapter 5.79 as follows: 5.79.010 Orange County Taxi Administration Program Regulations Adopted by Reference. For the purpose of prescribing regulations for the business of providing taxicab transportation service in compliance with the city's requirements under California Government Code Section 53075.5, the following regulations, subject to any future modifications, is hereby adopted: the 2019 Regulations of the Orange County Taxi Administration Program. A copy of the above Regulations will be on file in the office of the City Clerk and are made available for public inspection. SECTION II: Should any section, subsection, subparagraph, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, subparagraph, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, subparagraphs, sentences, clauses or phrases be declared invalid or unconstitutional. SEGTION III: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this day of , 2018. Mark A. Murphy,Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk, City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the _ day of , 2018, and thereafter at the regular meeting of said City Council duly held on the _ day of , 2019, was duly passed and adopted by the following vote, to wit: . AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pamela Coleman, City Clerk, City of Orange Ord. 17-18 2 www