Monterey Regional Taxi Authority 11-30-15

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CITY OF CARMEL BY THE SEA

AGENDA BILL

TO: Honorable Mayor and Members of the City CouncilMike Calhoun, Interim City Administrator

FROM: Ashlee Wright, City Clerk

B 1060November 30, 2015

Consent Calendar

SUBJECT: Authorization of the Interim City Administrator to sign an addendum to the MontereyRegional Taxi Authority (RTA) Joint Powers Agreement Amended to include the City ofMarina as a party to the agreement and receive update on Ordinance 2016-01 of theMonterey Regional Taxi Authority to require credit card reading and processing machinesin taxicabs .

AMOUNT OF EXPENDITURE N/A

AMOUNT BUDGETED N/A

APPROPRIATION REQUIRED N/A

RECOMMENDATION

Authorize the Interim City Administrator to sign an addendum to the Monterey Regional Taxi Authority(RT A) Joint Powers Agreement Amended to includ e the City of Marina as a party to the agreement andreceive an update on Ordinance 2016-01 of the Monterey Regional Taxi Authority to require credit cardreading and processing machines in taxicabs.

SUMMARY

ADDENDUM TO MONTEREY REGIONAL RTA JOINT POWERS AGREEMENT MARINA

When the RTA was originally formed in 2010, the Marina City Council chose not to join the JointPowers Agency, leaving it the only jurisdiction along the Monterey Coast not in the RTA , which hasproven confu s ing for taxi customers and drivers alike . n particu lar confusion among ta xi customers ,including disabled individuals attempting to use MST s taxi vouchers in its leased wheelchair accessible

taxicabs, a s has been reported at the CSUMB campus, which is divided between the city limitsof

Marina , Seaside , and unincorporated areas of Monterey County .

Marina has since adopted a resolution in support of becoming a member of RTA and the requiredordinances for standardization of administration and enforcement of taxi regulations in the city . EachCity is asses s ed fee s individually thus the addition of Marina to the Region a l Taxi Authority will notresult in either an increase or decrease of fees paid by the City of Carmel.

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ORDINANCE TO REQUIRE CREDIT CARDS AND PROCESSING MACHINES N TAXICABS

n furtherance o taxicabs provision o services to residents and visitors to Monterey County the RTABoard o Directors passed Ordinance 2016-01 on October 26,2015, effective January 1 , 2016 whichwill require credit card reading and processing machines in taxicabs . Drivers will be required to providecredit card swiping, reading and verification o card, authorization of payment , and written orelectronically transmitted customer receipts, service for which drivers are prohibited from charging anyadditional fees. Credit card and personal information will be handled in accordance with current lawsand standards .

PRIOR CITY COUNCIL ACTION

N/A

ATTACHMENTS

1. Addendum to the Monterey Regional Taxi Authority Agreement2 . Monterey RTA Ordinance 2016-01

APPROVED

l U L Date I h / dctOI SMike Calhoun , Interim City Administrator

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ATTACHMENT - 1

160

DDENDUM

TO TH

MONTEREY COUNTY REGIONAl TAXI AUTHORITY

JOINT POWERS AGREEMENT

This Addendum 2 to the Monterey County Regional Taxi Authority Joint PowersAgreement is entered into among the participants who have executed the MontereyCounty Regional Taxi Authority Joint Powers Agreement (the JP Agreement ) withreference to the following facts and objectives:

A. When the RT was originally formed in 2010 , the Ma r ina city councilchose not to join the Joint Powers Agency .

B As Marina is the only jurisdiction along the Monterey coast not in the RTA,administration and operation of taxi serv ices in the community have been outs ide t hepurview of the RTA, which has created an uneven patchwork of regulations andoperational standards often confusing to taxi customers and drivers alike .

C. In particular, confusion among taxi customers , including d isabledindividuals attempting to use MST's taxi vouchers in its leased wheelcha ir accessibletaxicabs , has been reported at the CSUMB campus , which is d ivided between thecity limits of Marina, Seaside and the unincorporated areas of the County .

D. To prepare itself to join the RTA, the Marina c ity coun c il has off icia lly

adopted a resolution in supportof

becoming amember

and has also adopted theordinance required of RT member jurisdictions to enable standardizedadministration and enforcement of taxi regulat ions in the city.

NO W , THEREFORE , the parties agree as follows:

1 The Monterey County Regional Taxi Authority JP Agreement is herebyamended to include the city of Marina as a party to the agreement.

2 The city of Marina must abide by all rules , regulations and responsibi lities

designated by the JP Agreement.

3 The city of Marina will be assessed $1,875 in init ial s tart-up fees plus anadditional $8,723 in supplemental start-up fees assessed to medium-sized RTjurisdictions to cover additional start-up costs incurred by the RTA before permitrevenue began to be generated to cover expenses of the agency .


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Counterpart Signatures

This Addendum 2 may be signed in counterparts with the s ignatu re pages atta c hed tofo r a co mplete document.

PPROVED BY

Dated : _ 2015[ City o Carmel by the Sea ]

By :

Its :


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ATTACHMENT - 2

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ORDINANCE NO. 2016 - 01

AN ORDINANCE OF THE MONTEREY COUNTY REGIONAL TAXIAUTHORITY TO REQUIRE CREDIT CARD READING AND PROCESSING

MACHINES IN TAXICABS

FINDINGS

1 The Monterey County Regional Taxi Authority (RTA) was createdpursuan t to a Joint Powers Agreement to assume the responsibility of each memberjuri sd iction for taxi permitting and regulation;

2. The Joint Powers Agreement calls for the RT A to de velo p polici es , rulesand regulations regarding the safe operation of taxicabs and provision of services to thepublic;

3 At the January 13 , 2015 RTA Technical Advi sory Committee meeting the

committee recommended the RT A board amend the RT A Regulations to require taxicaboperators to accept credit card transactions starting Januar y 1, 20 16;

4 . In furtherance of taxicab s prov ision of services to residents and visi tor s toMonterey County, the RTA now wishes to require taxicab ope rator s acc ept credit cardtran sac tion effective January 1 , 2016; and

5 The action proposed by this Ordinance doe s not constitute a Projec t asthat t erm is defined under California Environmental Quality Act (CE QA), CEQAGuideline section 15378.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OFDIRECTORS OF THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY:

SECTION 1: INCORPORATION. The foregoing Findings are adopted asfindings of the Board of Directors of the Monterey County Regional Taxi Authority asthough set forth in full.

SECTION 2: CREATION OF SECTION 7.5. A new Section 7.5 is added to theRTA Taxi Administration Program Regulations:

7.5 Credit/ Debit Card Payments.

(a) All Taxicab Dispatching Companies and all Taxicab Drivers shall provideelectronic proce ssi ng of credit cards as a method of payment to customers.Accepted credit cards must, at minimum , include the acceptance ofMasterCard, Visa , Discover and American Express.

(b) All driver s must be capable of providing credit card swiping, reading andverification of card, authorization of payment , and written orelectronica lly transmitted customer receipt u po n being sw iped.


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(c) A customer s personal and credit card information may only be used ,processed , disseminated, and retained in accordance with current laws andstandards. Vio lation of this subdivision shall be punishable by penaltiesestablished from time to time by the R TA

(d) t shall be prohibited for a driver to charge any additional fee (mark -up) toany passenger for credit/debit card transactions.

SECTION 3: SEVERABILITY. f any provision of this ordinance or theapplication thereof to any person or circumstance is held invalid, the remainder of theordinance and the application of such provision to other persons or circumstances shallnot be affected thereby.

SECTION 4: CODIFICATION. Upon adoption ofthis ordinance the RTA Clerkis hereby authorized and directed to codify this ordinance in the RTA TaxiAdministration Program Regulations.

SECTION5:

EFFECTIVE DATE. This ordinance shall become effective thirty(30) days after its final passage and adoption.

PASSED AND ADOPTED BY THE MONTEREY COUNTY REGIONALTAXI AUTHORITY BOARD OF DIRECTORS THIS 26th day o f October, 2015, by thefollowing vote:

AYES: Directors: Armenta, Barrera, Clark , Downey, Leffel, Miller, O Connell,Pendergra ss, Theis

NOES:

ABSENT: Director Pacheco

APPROVED:

Mary Ann Leffel, ChairpersonATTEST:

Deanna Smith, Deputy Secretary

APPROVED AS TO FORM:

DAVID C. LAREDO, RTA Counsel

Monterey Regional Taxi Authority 11-30-15

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