2013/07/23 City Council Ordinance 855ORDINANCE NO. 855
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK, CALIFORNIA, ESTABLISHING A TEMPORARY
MORATORIUM ON AND PROHIBITING THE ISSUANCE OF PERMITS OR
OTHER ENTITLEMENTS FOR VEHICLES FOR HIRE — INCLUDING
TAXICABS AND OTHER PUBLIC TRANSPORTATION VEHICLES — AND /OR
DRIVERS PERMITS TO OPERATE SUCH VEHICLES PENDING THE REVIEW
AND POSSIBLE AMENDMENT OF THE CITY'S EXISTING REGULATIONS
GOVERNING SUCH BUSINESSES AND ACTIVITIES, TO BECOME
EFFECTIVE IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in
Government Code Section 36937(b) and pursuant to other applicable law.
SECTION 2. Findings.
A. Pursuant to Article XI, Section 7 of the California Constitution, the City of Rohnert Park ( "City ")
may make and enforce all regulations and ordinances using its police powers.
B. Further, Government Code section 21100(b) expressly authorizes local agencies to adopt rules
and regulations to govern the licensing and regulation of both (i) the operation of vehicles for hire
and (ii) drivers of passenger vehicles for hire; and Government Code section 53075.5 mandates
that cities and counties to adopt regulations to govern taxicab transportation services to protect
the public health, safety, and welfare.
C. In enacting these regulations, the State has declared that its intent is, among other things, to
ensure the orderly regulation of vehicular traffic on the streets and highways to the State to
protect the welfare of the State and its people. The State has further declared that "the regulation
of privately operated taxicab transportation service is an essential governmental function."
(Stats.1983, c. 1260, § 1.)
D. The Graton Resort and Casino project, a casino development with Las Vegas style gambling and
a 3,000 slot- machines located adjacent to the city limits ( "Graton Casino "), is expected to open by
November 1, 2013. The Graton Casino will operate 24 hours a day, 7 days a week, and is
expected to attract - on average - approximately 8,000 visitors per day from locations throughout
the Bay Area and beyond.
E. The Graton Casino, like other casinos in California and the United States, is expected to foster
growth in related businesses that cater to the resort and casino clientele. The demand for
taxicabs and other vehicles for hire, and the related demand for drivers for such vehicles, is
expected to increase with the influx of visitors, as vacationing casino patrons often seek
transportation to other leisure activities when traveling. As a result, the City anticipates numerous
requests by operators of such businesses and drivers regarding the applicable regulations for
vehicles for hire. In fact, the City has already experience a significant spike in applications for
taxicab certificates and drivers permits in response to the approval of the Graton Casino
F. The Rohnert Park Municipal Code's ( "RPMC ") regulations of taxicabs and other vehicles for hire
were enacted in 1965 and have remained largely unchanged since adoption. These regulations
need to be studied to consider the impact of such businesses throughout the City, the effect of
such businesses on similar businesses in the City, and operational regulations such as fares,
cleanliness, vehicle safety, driver qualifications, and insurance in relation to public health, safety
and welfare concerns, including the impacts these businesses may have on residents and visitors
in the community.
G. Vehicle for hire businesses and the drivers of such vehicles engage in a business that can
potentially expose members of the public to risk and harm from a variety of sources. These
potential dangers include, without limitation, uninsured drivers, uninsured vehicles unqualified
drivers, criminal activity, improperly maintained vehicles, uncleanly vehicles, drivers overcharging
the public.
H. In addition, lawfully permitted companies face intense competition from illegal "bandit drivers"
who start up businesses with little more than a vehicle and a cellphone and cannibalize
customers from the legitimate companies. Both the City and adjacent jurisdictions have reported
an rise in the number of complaints about "bandit drivers," and such incidents are anticipated to
increase with the opening of the Graton Casino.
"Bandit drivers" who circumvent the City's permitting system are much more likely to be
uninsured, have a higher incidence of criminal activity, have a greater likelihood of using
improperly maintained vehicles, and lack controls to prevent them from overcharging the public.
The City's existing regulations make it extremely difficult if not impossible to prevent "bandit
drivers" from operating within the City, thereby exposing members of the public to increased risk
from unscrupulous "bandit drivers."
J. In light of the many public safety issues involved in taxicab operations, the City needs to conduct
an extensive review of its existing regulations and consult with the public safety divisions of other
agencies to determine the appropriate level of regulation for vehicle for hire businesses and
drivers of such vehicles within the City. The continued exposure of the public to unregulated
vehicles for hire and drivers of such vehicles constitutes a current and immediate threat to the
public health, safety, and welfare requiring this change in the City's permitting provisions for
vehicles for hire.
K. The establishment of comprehensive regulations for the issuance of permits for vehicle for hire
businesses and drivers permits would serve to reduce the risk of illegal and potential injurious
activity.
L. The City considered the adoption of this interim urgency ordinance in accordance with
Government Code § 36937 at a duly noticed public meeting on July 23, 2013, at which time it
received and considered testimony from members of the public.
M. Government Code section 36937(b) authorizes the adoption of an interim urgency ordinance to
protect the public health, safety and welfare, and to prohibit otherwise permitted uses when those
uses may conflict with regulations that the City's legislative bodies are considering, studying or
intending to study within a reasonable time.
N. The City Council hereby determines that the RPMC is in need of further review and possible
revision to protect the public against potential negative health, safety, and welfare impacts and to
address potential deficiencies in its Code associated with vehicle for hire businesses and the
drivers of such vehicles. Further, time is required for staff to study and analyze whether to limit
the total number of such businesses, what operating conditions and restrictions would advance
the public's interest, and what qualifications drivers must possess to operate such vehicles for
hire.
O. Failure to adopt this moratorium would impair the orderly and effective implementation of
contemplated amendments to the RPMC, and any further authorization of these vehicle for hire
businesses or drivers of such vehicles within the City during the period of the moratorium may be
in conflict with or may frustrate the contemplated updates and amendments to the RPMC.
Ordinance 855
Page 2 of 4
P. The City Council further finds that this moratorium is a matter of local and City -wide importance
and is not directed towards any particular vehicle for hire business or driver that currently seek(s)
the issuance of a permit.
SECTION 3. Imposition of Temporary Moratorium.
A. In accordance with the authority granted the City under Government Code section 36937(b),
and pursuant to the findings stated herein, the City Council (1) hereby finds that there exists a current and
immediate threat to the public health, safety, and welfare requiring this change in the City's permitting
provisions for vehicles for hire, (2) further finds that this ordinance is necessary for the immediate
preservation of the public peace, health, and safety, and (3) hereby declares and imposes a temporary
moratorium for the immediate preservation of the public health, safety and welfare as set forth below.
The City orders as follows: For a period of one (1) year from and after the date of adoption of this
Ordinance, no permits (including certificates of public convenience and necessity and drivers permits) or
other applicable use entitlement under Chapter 5.20 of the RPMC may be issued for the operation of a
new Taxicab business, Public Transportation Vehicle business, or other vehicle for hire business or
drivers permits authorizing the operation of taxicabs, public transportation vehicles, or other vehicles for
hire within the City, except as otherwise provided for herein. In addition, no existing Taxicab, Public
Transportation Vehicle, or other vehicle for hire business may be expanded, whether by means of
additional drivers or vehicles.
The moratorium set forth above shall not apply to the renewal of any existing certificate of public
convenience and necessity for a Taxicab, Public Transportation Vehicle, or other vehicle for hire business
(provided the renewal seeks to maintain the business as its exists on the effective date of this ordinance)
or existing drivers permit issued under Chapter 5.20. In addition, a drivers permit may issue to a qualified
applicant who will be employed at any currently permitted Taxicab or Public Transportation Vehicle
business to replace a permitted driver who has left the employ of the permitted establishment subject to
reasonable proof of the termination or departure.
B. For purposes of this Ordinance, the terms "taxicab ", "public transportation vehicle," and
"driver" shall have the meanings set forth in Section 5.20.020 of RPMC Chapter 5.20.
C. Establishment or operation of unpermitted taxicabs, public transportation vehicles, and /or
businesses engaged in the operation of such vehicles for hire in the City of Rohner' Park shall be a public
nuisance per se, enforceable by any applicable law, including but not limited to injunctions, administrative
citations or criminal penalties.
SECTION 4. Legal, Operational and Planning Study. The Public Safety Department and the
City Attorney's Office are directed to study and analyze issues related to the establishment, permitting,
and operation of vehicle for hire business and drivers within the City, and their potential impacts on public
health, safety and welfare of the community, the desirability of such vehicles for hire in the City, and the
extent of regulatory controls, if any, to impose on such businesses and drivers. The City Council directs
that all studies be pursued as expeditiously as practicable. In order to prevent frustration of these studies
and the implementation of new regulations, the public interest, health, safety, and welfare require
immediate enactment of this Ordinance.
SECTION 5. Environmental Review. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment pending the completion
of the contemplated municipal code review.
Ordinance 855
Page 3 of 4
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. Effective Date and Duration. This ordinance is an urgency ordinance enacted
under California Government Code sections 36934 and 36937(b). This urgency ordinance is effective
upon adoption by a four -fifths (4/5) vote of the City Council. This Ordinance shall remain in full force and
effect for a period of one (1) year from the date of adoption, at which time it will automatically expire,
unless it is earlier repealed by the enactment of a new regulatory scheme or extended by the City Council
in accordance with applicable law.
SECTION 9. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was introduced and duly adopted by the City Council of the City of Rohnert Park at the
regular meeting held this 23`d day of July 2013 by a four -fifths vote of the City Council as follows:
AYES: FOUR (4) Councilmembers Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: NONE (0)
ABSENT:ONE (1) Councilmember Belforte
ABSTAINNONE (0)
ATTEST:
nhe Buergler
y Clerk
Michele M. Kenyon
City Attorney
Ordinance 855
Page 4 of 4
Pam Stafford, Mayor
STATE OF CALIFORNIA
COUNTY OF SONOMA
CITY OF ROHNERT PARK
) ss.
CITY CLERK'S CERTIFICATION OF
THE ADPOTION OF ORDINANCE
I, JoAnne Buergler, City Clerk of the City of Rohnert Park, do hereby certify that the foregoing
Ordinance No. 855 was introduced and adopted, as an urgency measure pursuant to California Government
Code section 36937 (b), at a regular meeting of the City Council on the 23 day of July, 2013 by the following roll -
call vote:
AYES:
FOUR (4) Councilmembers Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: NONE (0)
ABSENT: ONE (1) Councilmember Belforte
ABSTAIN: NONE (0)
JoAnne Buergler
ITY CLERK
OAK #4844 -9555 -8420 vl