2014/07/22 City Council Ordinance 879ORDINANCE NO. 879
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
EXTENDING THE 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 COMPLETION AND ENACTMENT
OF NEW 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. On July 23, 2013, pursuant to Government Code sections 36937(b), following notice and
a public hearing, the City Council adopted Urgency Ordinance No. 855 establishing a
one -year moratorium on the issuance of any new permit, license, approval, or entitlement
pertaining to 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,
including the expansion of any existing taxicab, public transportation vehicle, or other
vehicle for hire business, whether by means of additional drivers or vehicles (the "Interim
Ordinance ").
B. 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.
C. 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.
D. 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
Urgency Ordinance No.
in relation to public health, safety and welfare concerns, including the impacts these
businesses may have on residents and visitors in the community.
E. Based upon substantial evidence in the record, the City council determined that the
RPMC was 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 that the approval or issuance of permits for vehicle for hire businesses and the
drivers of such vehicles in the absence of updated regulations presents an immediate
threat to and specific adverse impact upon the public health, safety and welfare of the
community.
F. City staff has reviewed and is in the process of drafting a comprehensive revision to
RPMC Chapter 5.20 to address the potential negative health, safety, and welfare impacts
and potential deficiencies in its existing regulations governing with vehicle for hire
businesses and the drivers of such vehicles.
G. Once a draft ordinance is prepared, that legislation must first be reviewed by the City
Council and the public at two meetings, and if adopted, the ordinance would not go into
effect for an additional 30 -day.
H. In order to avoid a lapse in the moratorium, it is necessary that the Interim Ordinance be
extended so that there is no conflict between the existing regulations in Chapter 5.20 and
the proposed revisions until such time as the proposed amended regulations are adopted
and effective.
Until such time as the proposed amended regulations are adopted and effective, there is a
significant risk of injury to the public from unregulated vehicle of hire businesses and the
drivers of such vehicles, and the City has a legitimate interest in providing reasonable
safeguards against injury and economic loss to such patrons.
J. 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.
K. 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.
L. `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."
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M. In light of the many public safety issues involved in taxicab operations, the City needs to
complete the comprehensive revision to its existing regulations to avoid continued
exposure of the public to unregulated vehicles for hire and drivers of such vehicles,
which 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.
N. The establishment of new reasonable 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.
O. The absence of this ordinance would create a serious threat to the orderly and effective
implementation of any RPMC amendments that may be adopted in that the issuance of
permits to uncertified massage providers and uncertified massage establishments within
the City may be in conflict with or frustrate the contemplated RPMC amendments.
P. The City considered the adoption of this interim urgency ordinance in accordance with
Government Code § 36937 at a duly noticed public meeting on July 22, 2014, at which
time it received and considered testimony from members of the public.
Q.
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.
R. Failure to extend the 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.
S. 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 and that there is a current and immediate
threat to the public health, safety, and welfare based on the above findings, and upon that
basis has determined that an extension of the moratorium prohibiting the issuance of new
vehicle for hire and driver permits for the same is warranted.
T.
SECTION 3. Extension of Temporary Moratorium. 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 extends Ordinance No. 855 which established a temporary moratorium on the
issuance of any new permit, license, approval, or entitlement pertaining to the operation
of a new vehicle for hire business or drivers permits authorizing the operation of vehicles
for hire as follows:
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A. 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 Rohnert 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
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prevents changes in the environment pending the completion of the contemplated municipal code
review.
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.
PASSED, APPROVED, AND ADOPTED this 22nd day of July, 2014, by the following
vote:
AYES: THREE (3) Council Members Stafford, Ahanotu and Mayor Callinan
NOES: NONE (0)
ABSENT: TWO (2) Council Members Belforte and Macke,Zi1
ABSTAIN: NONE (0)
City Attorney
Jose T. Callihan, Mayorr
5 Urgency Ordinance No. 879
STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF ROHNERT PARK )
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. 879 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
22nd day of July, 2014 by the following roll -call vote:
AYES: (3) COUNCIL MEMBERS: STAFFORD, AHANOTt7 AND MAYOR CALLINAN
NOES: (0) COUNCIL MEMBERS:
ABSENT:(2) COUNCIL MEMBERS: BELFORTE AND MACKENZIE
ABSTA1N:(0)COUNCIL MEMBERS:
Anne Buergler
ITY CLERK
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