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HomeMy WebLinkAbout11 - Taxi Administration Program (OCTAP)Agenda Item No. 11 November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL .FROM: Police Department Robert M. Luman, Chief of Police, 644 -3701, RLuman@nbpd.org Steve Koudelka, Lieutenant,.644 -3740, SKoudelka @nbpd.org SUBJECT: ACCEPTANCE OF ORANGE COUNTY TAXI ADMINISTRATION PROGRAM ( OCTAP) REGULATIONS;CHANGES RECOMMENDATION: Ratify and adopt the revisions to the Orange County .Taxi Administration Program Regulations by adopting the attached Resolution. DISCUSSION: Background: The 'Orange County Taxi Administration Program ( OCTAP) has been in operation since 1998 and has conducted quarterly meetings of its Steering Committee and Public Safety Committee, both of which have included representatives from our City. Over the course of its review of the Program, the Steering Committee has approved various amendments to the OCTAP Regulations to. increase the protection.of the health, safety, and welfare of persons utilizing taxicab services within member agencies- On On October 1, 2009, the Steering Committee reviewed and approved a completely revised set of regulations and directed OCTAP staff to forward the revised regulations to the. legislative bodies of the member agencies for ratification. Most of the changes to the regulations are administrative. However, the revised regulations also adopt new regulations that may be characterized as substantive, such as the service standards added in Section 5.2.10 of the revised regulations. Attached is a .copy of the revisions to the regulations with additions shown in underlined text and deletions shown in strikeout text. Each revision and reason for the revision is identified in the enclosed OCTAP Regulations Revision — Detail of Changes. A copy of the revised.regulations with all proposed revisions included is also attached. Acceptance of Orange County Taxi Administration Regulations November 24, 2009 Page 2 Pursuant to.Section 13.2, substantive amendments must be approved by each member agency and shall be effective only in the area of jurisdiction of each member agency ncy that has approved the amendments. The Office of City Attorney has reviewed and approved the revised changes. There is no need.for the City to amend any taxicab ordinances. Environmental Review: Non applicable. Prepared by: Submitted by: Steve Kbudelka, Lie.utena-nl--- Robert M. Luman Traffic Division Commander CHIEF OF POLICE Attachments: Original Copy of. Regulations including Shown Substantive Changes Revised Copy of Regulations �1 Regulation Revisions -, Detail of Changes City Resolution Accepting Revisions RESOLUTION NO. 200 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS WHEREAS, Government Code Section 53075.5 et. seq. requires every city or county to protect the public health, safety, and welfare by adopting an Ordinance or Resolution in regard to taxicab transportation services which are operated within the jurisdiction of said city or county; and WHEREAS, Orange County cities have formed a voluntary association, the Orange County Taxi Administration Program ( OCTAP), to coordinate taxicab service 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 the private sector, and to expand the provisions of private transportation service in Orange County; and WHEREAS, on December 8, 1997, the City entered into an interagency agreement with the 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 the Program; and WHEREAS, OCTAP established uniform 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 WHEREAS, the uniform regulations established by OCTAP are designed to comply with the City's responsibilities under Government Code Section 53075.5; and WHEREAS, OCTAP has been in operation since 1998 and has conducted quarterly meetings with OCTAP Steering Committee and OCTAP Public Safety Committee, comprised of designated representatives from each OCTAP member agency; and WHEREAS, the OCTAP Safety Committee has reviewed, and the OCTAP Steering Committee has reviewed and approved amendments to the OCTAP Regulations to further protect the health, safety, and welfare of persons utilizing taxicab services in member agencies' jurisdictions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby ratifies and adopts the revised OCTAP Regulations dated and se approved by the OCTAP Steering Committee on October 1, 2009, which Regulations are attached hereto as Attachment A. Section 2: 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 day of 200_. ATTEST: Leilani Brown/ City Clerk Ed Selich, Mayor Iva Orange County Taxi Administration Program Regulations Revision — Detail of Changes This document provides an explanation of the revisions to the Orange County Taxi Administration Program's ( OCTAP) regulations approved by the OCTAP Steering Committee on October 1, 2009. Since the inception of OCTAP, the Steering Committee has made numerous administrative changes to the regulations. This authority is granted to the Steering Committee by the regulations. Over the past several years the OCTAP staff has encountered situations and circumstances as part of the administration of the program that, in the opinion of the staff and the Administrator, need to be addressed. These changes are considered substantive and as such, require the approval of the OCTAP Member Agencies. In addition, the Steering Committee appointed a subcommittee to investigate service standard requirements. That subcommittee drafted proposed changes to the regulations to address required service standards for all taxicab companies. Those recommended changes were approved by the Steering Committee and have also been incorporated into the over -all changes that are presently being recommended. The changes recommended by the subcommittee are also considered substantive changes that have to be approved by the Member Agencies. In order to simplify the process of reviewing the changes, various minor changes (formatting, punctuation, capitalization, renumbering, etc.) have been removed from the revised regulations. What remains are the major changes that need to be discussed and approved by the Member Agencies. The major changes and the reasons for said changes are as follows: 1. Section 5.2.1 — Addition of the word "package." The reason for this change is to clarify that as a condition of approval of a Company Permit, the applicant must submit all required documentation, not just the application. 2. Section 5.2.3 — Revision of insurance requirements. The reason for the revision of this section is to improve and strengthen the insurance requirements for a Company Permit. The levels of insurance have not changed; however, an applicant will now have to submit an endorsement executed by the agent or broker of record in order to further prove coverage. In addition, if a Permittee allows its insurance to lapse, its Company Permit will immediately be suspended and all Taxicab Permits will be revoked. This is necessary to ensure that unisured Taxicabs are not allowed to operate. _ 1 _ Approved by Steering Committee October 1, 2009 3. Section 5.2.6 — Clarification language added. This change is made in order to clarify that all Taxicabs must be registered pursuant to DMV regulations and State law. 4. Section 5.2.7 — Livescan language change. This change is made to allow an applicant to utilize any California Dept. of Justice approved Livescan location instead of just the Orange County Sheriffs Department. 5. Section 5.2.8 — Removal of word "local." OCTAP was recently informed that "local" background checks utilizing the CLETS system were no longer allowed. As such, OCTAP must rely on the Dept. of Justice background check process. This change is made to reflect the current situation. 6. Section 5.2.9 — Removal of specific fee identification. This change is made to simplify this requirement such that, instead of listing each particular fee, a general requirement of `all applicable fees" is made. 7. Section 5.2.10 —Addition of service standard requirements. This change was recommended by a subcommittee of the Steering Committee to address service standard requirements for all taxicab companies. These represent minimum requirements that companies will have to meet in order to obtain a company permit. These changes were developed to address small taxicab companies and the minimum level of service required. 8. Section 5.3 — Addition of "applicant Company" to list of individuals for which conditions of denial of permit may apply. This change was made to clarify the issue related to denial of a Company Permit on the basis of unsatisfied court judgments. The previous language could be interpreted as meaning an unsatisfied judgment against just the Permittee would not be a basis for denial. This change tightens up this requirement. 9. Section 5.3.11 —Addition of service standard requirements. This change is made to address the service standard requirements proposed in Section 5.2.10 and the failure to comply with the requirements as a basis for the denial of a company permit. _ 2 _ Approved by Steering Committee October 1, 2009 10. Section 5.6 — Addition of requirement for issuance of Company Permit. Because of potential delays in receiving background reports from the Dept. of Justice, this change is made to ensure that OCTAP makes every effort not to delay the process of permit issuance. This change requires OCTAP to issue the permit within five (5) business days of the receipt of all required information /documentation. 11. Section 5.9 — Change in required time frame for renewal application. OCTAP has been informed and has experienced delays in obtaining background reports from the Dept. of Justice. In order to ensure that OCTAP has sufficient time to obtain and review the required reports, it was decided that a Permittee should be required to submit for Company Permit renewal at least sixty (60) days prior to the current permit's expiration. Failure to do so will result in the Permittee being required to submit an application for a new permit. 12. Section 5.10.7 — Clarification language. This change was made to clarify this requirement. 13. Section 5.11 — Removal of language. The removal of the of the phrase "or suspension" was necessary to clarify the intent of this provision in allowing the OCTAP Administrator to either suspend a permit or assess a fine in lieu of revocation. 14. Section 5.12 — Removal of appeal language. This change was made to correct a conflict in the time frame for appeal that was present. With this change, all appeals must be filed within ten (10) business days of the adverse decision. 15. Section 6.1 — Removal of references to "interim" permits. These changes were made to reflect the opinion of OCTAP staff that "interim" Driver Permits no longer be issued. As a result of consultation with the Orange County Sheriffs Dept., and because access to the CLETS system is no longer allowed, it was determined that the risk of allowing an individual to operate a Taxicab prior to obtaining the results of the background check from the Dept. of Justice is too great to justify the issuance of "interim" permits. _ 3 _ Approved by Steering Committee October 1, 2009 16. Section 6.2.3 — Addition of further requirements. This change is made to require that the photographs submitted by an applicant Driver be taken within the previous thirty (30) days. This should ensure that the photographs accurately describe the applicant. 17. Section 6.3 - Addition of requirement for issuance of Driver Permit. Because of potential delays in receiving background reports from the Dept. of Justice, this change is made to ensure that OCTAP makes every effort not to delay the process of permit issuance. This change requires OCTAP to issue the permit within five (5) business days of the receipt of all required information /documentation. 18. Section 6.3 (deleted) — Deletion of Interim Permit This deletion was made to reflect the opinion of OCTAP staff that "interim" Driver Permits no longer be issued. As a result of consultation with the Orange County Sheriffs Dept., and because access to the CLETS system is no longer allowed, it was determined that the risk of allowing an individual to operate a Taxicab prior to obtaining the results of the background check from the Dept. of Justice is too great to justify the issuance of "interim" permits. 19. Section 6.4 — Clarification of term of Driver Permit. This change was made to remove the reference to a "permanent" permit and to clarify that the term of a Driver Permit shall be one year. 20. Section 6.6 — Change to time frame for renewal of Driver Permit. This change was made to address the recent notification by the State that the CLETS system can no longer be utilized to perform background checks of driver applicants. As such, OCTAP will have to rely solely on the Dept. of Justice background check process. In the past, this process has taken an extended time to complete (approx. 30 days or more). The change here recommends that a driver submit his /her application for renewal no less than 60 days from expiration in order to allow enough time to complete the required background check. If a driver fails to submit his /her application early enough to allow the background check to be completed and the current permit expires, that driver will not be allowed to operate a taxicab until such time as the process is completed. In order to ensure that OCTAP does not unnecessarily delay the process, OCTAP will issue the permit within 5 days of satisfaction of all requirements. _ 4 - Approved by Steering Committee October 1, 2009 21. Section 6.7 - Removal of reference to "Interm" Driver Permit. Based on the decision of OCTAP to no longer allow "interim" permits, this reference is removed. 22. Section 6.10 - Addition of requirements for issuance of replacement permit. This change was made so that the requirements for issuance of a replacement Driver Permit are the same as those for the issuance of a new Driver Permit. 23. Section 6.12 - Addition of requirements for transfer of a permit. This change was made so that the requirements for the transfer of a Driver Permit are the same as those for the issuance of a new Driver Permit. 24. Section 6.14.7 - Removal of language. This change was made to allow information from any source that would require OCTAP to take action against a holder of a Driver Permit to be used in the suspension or revocation of that permit. 25. Section 6.14.9 - Addition of "good cause' clause. This addition was made to include "good cause" as a reason for suspension or revocation of a Driver Permit. This clause allows for an administrative hearing prior to action being taken against a permit holder. 26. Section 6.14. 10 - Addition of time limit for reapplication after revocation of Driver Permit. This change was made to include a one (1) year time limit for reapplication for a Driver Permit once a current permit is revoked. The current regulations do not place a limit and therefore, a Driver could immediately reapply after revocation unless the revocation was appealed and a limit was addressed in the appeal process. 27. Section 6.15 - Clarification This change was made to clarify this language to meet the intent of this section that the OCTAP Administrator can impose suspension and /or fines in lieu of revocation. Approved by steering Committee October 1, 2009 28. Section 6.17 — Removal of interim permit language. This change was made to remove reference to an "interim" permit and require that a Driver Permit be surrendered within 2 business days of expiration, suspension, revocation or upon termination of employment. 29. Section 7.2.1 — Clarification. This change was made -to simplify the phrase "day, month and year" to just "date." 30. Section 7.3 — Modification of requirements for random inspections. These changes were made to clarify and improve the requirements for random inspections. Previously, as a result of a failure of a random inspection, a taxicab could only be placed into "Not in Service" status. This resulted in the taxicab not being allowed to operate in revenue service until such a time as it passed a re- inspection, even for minor items. The changes made here allow for a second status level of "Must Repair„ to address a situation where minor items are discovered as a result of a random inspection. A taxicab can be placed in this level of status if items are found that are sufficiently minor to allow the vehicle to remain in service. These items are required to be repaired within 10 business days and the taxicab is required to be re- inspected. If the taxicab fails re- inspection or if it is not presented for re- inspection within the 10 business days, the vehicle is immediately placed into the "Out of Service" status and cannot be operated in revenue service until such a time as it passes re- inspection. Each re- inspection is subject to a fee. If a taxicab is inspected and major items are found that would preclude it from operating in revenue service, the vehicle is placed in "Out of Service" status and the Taxicab Permit is suspended pending passing a re- inspection. 31. Section 7.4 — Clarification. The changes made here track the changes that were made to the Random Inspection clause. It allows for the two levels of corrective status and sets forth the process for re- inspection and the penalties for failure to correct non- compliant items in the required time. 32. Section 7.9 — Clarification. This change was made to clarify what a permittee must do upon sale of a permitted taxicab and what happens if a taxicab is no longer insured or its permit is suspended or revoked. - 6 - Approved by Steering Committee October 1, 2009 33. Section 8.1 — Clarification. This change was made to clarify what "minor' and "major' items are for the purposes of random inspections. 34. Section 8.2.4 — Removal of Secondary Color Scheme. This change has been made to remove the ability of a Company to have a secondary color scheme. OCTAP staff requested this change as the effort to track and approve the multiple color schemes desired by the various companies has become a burden. This change is made effective October 1, 2009 so Companies with existing secondary color schemes may maintain them. 35. Section 8.2.5 — Change of effective date. This change was made so that any Permittee with a secondary paint scheme that was approved prior to October 1, 2009 will not have to repaint its vehicles as a result of the revision to these regulations. 36. Section 8.8 — Clarification. This change was made to address rims which were previously left out of this section dealing with hubcaps and wheel covers. 37. Section 8.21 — Clarification. These changes were made to address the changes to corrective status made as part of the random inspection and to clarify certification requirements of the taximeters. 38. Section 8.26.3 — Clarification. This change was made to further clarify the registration requirements for taxicabs. 39. Section 9.6 — 9.12 — Addition of service standard requirements. These changes are made to include the minimum service standards into the taxicab operation requirements. 40. Section 10.2.2.3 — Clarification. This change was made to ensure that the language is consistent throughout the document. _ 7 _ Approved by Steering Committee October 1, 2009 41. Section 10.2.2.5 — Clarification. This change was made to ensure that the language is consistent throughout the document. 42. Attachment 1 — Fee Structure. These changes were made to ensure that the language is consistent throughout the document. 43. OCTAP Penalties and Fine Schedule. These changes were made to ensure that the language is consistent throughout the document. _ $ _ Approved by Steering Committee October 1, 2009