SR - ORD-17-18 - ORANGE COUNTY TAXI ADMINISTRATION PROGRAM ���oFPO�o�� .
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`�►��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