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6560
ORDINANCE NO. 6 5 6 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.73.010, 4.73.080, 4.73.100, 4.73.160 AND 4.73.190 OF CHAPTER 4.73 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NONEXCLUSIVE TAXICAB FRANCHISES WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter") establishes procedures for the award of franchises by the City; provides that any person, firm or corporation furnishing the City or its inhabitants with transportation may be required by ordinance to have a franchise therefor; and further provides that the City Council is empowered to grant such franchises and to establish additional procedures and terms and conditions of such grants; and WHEREAS the City Council has adopted Anaheim Municipal Code ("AMC") Section 1.02.010 requiring any person, firm or corporation furnishing the City or its inhabitants with transportation to have a valid and existing franchise therefor; and WHEREAS, the City Council has also adopted Chapter 4.73 of the AMC, establishing additional procedures for the granting of franchises for taxicab service in the City of Anaheim and establishing additional terms and conditions of such grants; and WHEREAS, the City of Anaheim had previously entered into an interagency agreement with the Orange County Transportation Authority ("OCTA") in which the City agreed to participate in the Orange County Taxi Administrative Program ("OCTAP") and the OCTA agreed to provide the staff and administrative services necessary to implement the program (the "OCTAP Agreement"); and WHEREAS, the goal of the OCTAP was to increase public safety, reduce administrative costs, and expand the provision of private transportation service in Orange County; and WHEREAS, pursuant to the OCTAP Agreement, OCTAP provided all the services necessary for the City to comply with State law, including but not limited to Government Code Section 53075.5, regarding the regulation of taxicab transportation services within the City; and WHEREAS, OCTAP has ceased operations; and WHEREAS, on November 15, 2022, two taxicab franchises were awarded pursuant to AMC Chapter 4.73, with each franchisee awarded a specific number of taxicabs to operate in the City; and 1 WHEREAS, as a result of OCTAP ceasing operations, the City now needs to provide these services itself; and WHEREAS, the City Council desires to amend the AMC in order to establish and maintain City authority for the award of taxicab franchises and taxi regulations for services previously provided by OCTAP. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 4.73.010 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code is hereby amended to read in full as follows: "4.73.010 DEFINITIONS. For the purposes of this chapter, certain terms used herein are defined as follows: .010 "City" means the City of Anaheim. .020 "City Council' means the City Council of the City. .030 "Director" means the Director of Planning of the City or his or her authorized representative. .040 "Driver" means a person who operates a taxicab. .050 "Franchisee" means any person, firm, association, corporation, partnership or other entity granted a franchise by the City pursuant to this chapter. .060 [deleted] .070 "Operate" or "Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers within the City. .080 "Owner" means the registered owner or lessor of a taxicab. .090 "Substantially Located" means in reference to a city or county where either (i) a Taxicab Company maintains its primary business address; or (ii) the largest share of prearranged and non -prearranged trips originates, as defined in Government Code section 53075.5. For Taxicab Companies establishing a new operation after January 1, 2019, "Substantially Located" means the jurisdiction where a Taxicab Company has its primary business address for the first twelve (12) months of operation. A Taxicab Company or driver may be substantially located in more than one jurisdiction. .100 "Taxicab" means a motor vehicle operated for hire to transport passengers to specific destinations of the passengers choice, capable of carrying not more than eight persons, excluding the driver. The term shall exclude any vehicle operating as a charter parry carrier licensed as such by any state agency or any other vehicle as to which a valid certificate of public convenience and necessity has been issued by any state agency. .110 "Taxicab Company" means a passenger -for -hire business either based in Anaheim or elsewhere whose business activity includes operating a Taxicab." SECTION 2. Section 4.73.080 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code be is hereby amended to read in full as follows: 2 "4.73.080 REQUIREMENTS FOR FRANCHISE. No franchise granted pursuant to this chapter shall become effective unless and until all of the following requirements have been satisfied: .010 The ordinance granting the franchise is effective. .020 The applicant has provided a timely letter of acceptance as to all the terms and conditions established by the City Council for the granting of the franchise as contained in the ordinance granting the franchise. .030 The applicant has provided an up to date and complete list of the vehicles to be used to perform the services authorized by the franchise by registration or license number and the personnel assigned thereto as of the date of applicant's acceptance of the franchise. .040 The applicant has provided evidence of compliance with the insurance requirements and any other terms and conditions of this chapter, the City's taxi regulations and any other terms and conditions of operation as imposed by the City Council, the Manager of Code Enforcement, or the Police Chief. .050 All applicable franchise fees have been paid in full." SECTION 3. Section 4.73.100 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code be and is hereby amended to read in full as follows: "4.73.100 TERMINATION OF NONEXCLUSIVE FRANCHISE BY THE CITY COUNCIL. .010 The City Council shall have the right to terminate or to suspend any franchise awarded hereunder for the reasons and pursuant to the procedures set forth in this section. .020 A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed by certified mail, at the discretion of the City, to the party named and to the address given on the application pursuant to which such nonexclusive franchise was issued. The notice shall state the grounds for termination or suspension and shall give the franchisee notice of a hearing before the City Council thereon, which shall be convened no more than 15 days after the date of notice unless the time for such hearing is extended by mutual agreement. The hearing shall be conducted and closed, and a decision rendered thereon, within 60 days after the date of the notice unless the time therefor is extended by mutual agreement. .030 The City Council shall have the right to terminate, by ordinance, any nonexclusive franchise granted pursuant to this chapter if the City Council finds, based upon a preponderance of the evidence, after a public hearing, that the franchisee has failed to comply with any term, condition or other requirement of the franchise or has failed to pay the franchise fees required under this chapter; or has violated any provision of the ordinance granting the nonexclusive franchise, or any law, ordinance or taxi regulation of the City, the state of California, or the United States in connection with the performance of the nonexclusive franchise; or the franchisee's conduct demonstrates that the franchisee is unable or unwilling to comply with the terms of the nonexclusive franchise. .040 In its discretion, the City Council may appoint a hearing officer to conduct such revocation hearing, receive such evidence as is properly introduced, take testimony thereon, and render a recommendation to the City Council on the issue before the hearing officer. The hearing officer shall be selected by the mutual agreement of the parties by alternately striking names from a 3 list provided by the California State Mediation and Conciliation Service. The expenses of the hearing officer shall be shared equally by the city and the franchisee. If the franchisee fails to timely participate in the process of selection of the hearing officer, the City Council may appoint such a hearing officer who will be compensated by the City. .050 At a regularly scheduled meeting held within sixty (60) days of the issuance of the hearing officer's recommendations, the City Council may by motion adopt, reject or modify and adopt the findings of the hearing officer by a vote of no less than three (3) members. If the recommendation of the Hearing Officer is rejected, the City Council shall determine the issue at that time and may instruct the City Attorney to prepare a proposed written decision incorporating the conclusions of the City Council. The City Council shall adopt or modify such proposed decision by motion within twenty-one (21) days of its decision. The adoption of a dispositive motion by the City Council shall conclude the administrative process. Notice of the decision of the City Council shall be provided by certified mail to the franchisee." SECTION 4. Section 4.73.160 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code is hereby amended to read in full as follows: "4.73.160 POWERS RESERVED TO THE CITY. In addition to all other rights reserved to the City under this chapter, the following shall apply. .010 There is reserved to the City every right and power, and the exercise thereof, which is reserved or authorized by any provisions of any lawful ordinance or resolution of the City, whether enacted before or after the effective date of the ordinance codified in this chapter. .020 Neither the granting of any nonexclusive franchise nor any provisions of any nonexclusive franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City. .030 The franchisee shall have no recourse whatsoever against the City, its officers, employees or agents, for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any nonexclusive franchise issued under this chapter or because of the enforcement of this chapter. .040 There is expressly reserved to the City the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchisee and the power and authority to increase the nonexclusive franchise fees to be paid by the franchisee pursuant to Section 4.73.130. .050 The Manager of Code Enforcement may promulgate rules and regulations consistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement and administration of this chapter. These rules and regulations shall be filed in the Office of the Manager of Code Enforcement and maintained in an orderly and readily accessible manner. The burden to secure and comply with the rules and regulations shall be upon the taxi franchisee." SECTION 5. Section 4.73.190 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code is hereby amended to read in full as follows: "4.73.190 REQUIREMENTS FOR OPERATION OF FRANCHISED TAXICABS. No driver shall operate, and no owner or franchisee shall permit operation of any taxicab under its ownership or control, except in accordance with the following requirements: .010 A driver shall carry a passenger to his or her destination by the most direct feasible route unless otherwise directed by the fare payer. .020 Each taxicab franchised hereunder shall display all permits and decals issued by the City under the rules and regulations promulgated by the City. .030 Each taxicab shall have prominently displayed in the passenger compartment a schedule of rates and charges, the driver's name and address, the owner's name, address and telephone number and the taxicab identification number. .040 A driver shall provide any passenger with a receipt for the full fare and tip paid at the request of the passenger. .050 A driver shall not leave his or her cab to solicit passengers. .060 No taxicab shall be operated unless the passenger compartment is in a clean and sanitary condition. .070 The name or trade name of the owner must be stenciled or painted upon the outside of each taxicab in conformance with rules and regulations established by the City. .080 No taxicab may display advertising other than for its own services from its roof in any manner using raised frames, lighted panels or any other means. .090 No driver shall operate a taxicab for more than twelve (12) consecutive hours nor shall any driver operate a franchised cab without having had, immediately preceding such twelve (12) hours of operation, no less than eight (8) consecutive hours time off within the previous sixteen (16) hours during which no taxicab was operated by such driver. .100 No taxicab shall be operated in a manner that violates the terms and conditions of the ordinance granting its franchise or the representations made and commitments undertaken in the franchisee's application for its franchise." SECTION 6. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 7. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 5 SECTION S. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 9. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26 day of Sept, 2023, and thereafter passed and adopted at a regular meeting of said City Council held on the u day of October , 2023, by the following roll call vote: Mayor Aitken and Council Members Rubalcava, Diaz, AYES: Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None ATTEST: 3YC RK OF THE CITY OF ANAHEIM 149285.2 �1 CITY OF ANAHEIM �144 ��- �� MAYOR OF CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6560 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of Sec)tember, 2023, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 17th day of October, 2023, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 18th of October. 2023. aCERK OF THE CITY OF ANAHEIM (SEAL) 2 0 U U M � a q LL 2 /g/� ƒ _ > ; . k § c ©« 2 E0 � E $ s m u 6 2 k§fA incn \ / § % Lu X faj% $ f � CO o= « : ( v ci c) g k « k q El . »#2a) c 2f0 )EAR/a�2�ts L)co .0 — 2 c e /0 r-clima\f G %fa##¢@e0C— c co CL )o4cm 33—Ol 2 §\-a)L) 0 §�k 2 ; m#— m z c CL �:tz:CL m G � \k�//006\\\ so — 'n £ cif�=u§\aC)k�M)cƒt m » 2£(v(Dck9U?s&�3m)" SG- m m Ra c c'F=fuE $.. )m / k � § ` 0 ) Z 3 ®2 / %/�k±7at20@2 E2n»a°E» \ E #e§:=-aL)ie0 0 2 £ » d) GC _ ° ©$—�#$ff//�« co00 %0 n /a��mU,—L) L f7 kk /' § �0ccr k 00 d ±» 23 � §S 2 \ f % j k �\ \ \ccl 0 U ?% wcyi \k \& of wK Ott k0 a m o 6 SR§ 22 £ _ -u Ec m A y e / E 2 k LO 0 2 Q O ± m q y q m G I E � m o °=5& EN = 2%D a» \ aa kD }�k °( §§Z� / { { f( uaa =ems °�-& �/ E 3 ƒ0)/ 652 �w ƒG\ fuoo \ G{ 43=§ )£/c -VQ) 'Duj= ƒ 2\W =1 3= /cam z= °<c e2 a=i °> a t©«x f\ (/\� oo 2\k( L. {{.cm c o=u; °°2t 0 O%I\ k�§� > 2( ( )\ /,-Z k\\) k| ] 22 8 z g ea2 §{_� ( C= _{ j\�§ §§ e$ wk/ �e=E �§\� +#)£ k00k\ k I=o ° -ZO C`\ƒ EZ-E4 ( f( w co �a3u `\n k2§,' m E _�� =7 Stu �=z §@=x 2<La -;k[ ozc-- \§kj @® U°k oeZ� °®«& 0F§§ <Z-mu %->o, ¥ = cow: §�§g 22 o0 {3 (kY- 2-10 «L /§ ( �k/§ -< -(y °o u,.0 -#r- WDWL Om �� 20 o Uw-z m$ 2 uhLL\ (zvx §3%\ j k) -a kk 2E \�(� )k E E §w al-g §� u2! m� $� k IO2 - /R/f u_z A§:% u &@§2{ u-co /2 �3 �§�® ) uue = 9om§ f�u�� {\t2 ƒ�§ znn 222§ 0 G//2 k§ oo ! @ c o @ 0@{J o E�=s %L, »22Q ,_ aou; qS / �E z z z \j@� §)\p§ oZ� @�;2 o d - zk/ �0-Se /Ec- ® �{f% G�f@ /3&�= Z-eE «� °§3° «2f2 .. m E 2��2 2 2$g f �2a\ (�@2 ( § S G @2\e |a u � = =mEo < z < « +o-k gus«a w H Q LL H w U U) Y w J U 0) O co E 0 O L co O Q O O 4 O 4— cC O U ,>, co (D O `~ O U � C � Q ca -C L U o 4- N o Q a� 4- 0 CU o U � � ca a� U) cn N � O� O ,n O o O U Z z LU O a) C- OP OZ2 U C•co w�w U)'aN Q0z¢ m0 O c o LL Q U) w0~LLO w'00 w F- O H U) U U — .Ln -0 J w U)